SECURED. PARTY APPOINTED ATTORNEY-IN-FACT. Pledgor hereby irrevocably appoints Secured Party as Pledgor's attorney-in-fact, with full authority in the place and stead of Pledgor and in the name of Pledgor, Secured Party or otherwise, from time to time in Secured Party's discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including filing one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of Pledgor; PROVIDED, that unless an Event of Default has occurred and is continuing, Secured Party may not (i) receive, endorse and collect any instruments made payable to Pledgor representing any dividend or other distribution in respect of the Pledged Collateral or any part thereof; or (ii) file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.
Appears in 3 contracts
Samples: Credit Agreement (Express Scripts Inc), Company Pledge Agreement (Express Scripts Inc), Subsidiary Pledge Agreement (Express Scripts Inc)
SECURED. PARTY APPOINTED ATTORNEY-IN-FACT. Pledgor hereby irrevocably appoints Secured Party as Pledgor's attorney-in-fact, with full authority in the place and stead of Pledgor and in the name of Pledgor, Secured Party or otherwise, from time to time in Secured Party's discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including filing without limitation:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of Pledgor; PROVIDED;
(b) to ask, that unless an Event demand, collect, sue for, recover, compound, receive and give acquittance and rxxxipts for moneys due and to become due under or in respect of Default has occurred and is continuing, Secured Party may not constituting any of the Pledged Collateral;
(ic) to receive, endorse and collect any instruments made payable to Pledgor representing any dividend dividend, principal or interest payment or other distribution in respect of and constituting the Pledged Collateral or any part thereofthereof and to give full discharge for the same; or and
(iid) to file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.
Appears in 1 contract
Samples: Pledge Agreement (Valhi Inc /De/)
SECURED. PARTY APPOINTED ATTORNEY-IN-FACT. Pledgor hereby irrevocably appoints Secured Party as Pledgor's attorney-in-fact, with full authority in the place and stead of Pledgor and in the name of Pledgor, Secured Party or otherwise, from time to time in Secured Party's discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including filing without limitation:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of Pledgor; PROVIDED;
(b) to ask, that unless an Event demand, collect, xxx for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of Default has occurred and is continuing, Secured Party may not any of the Pledged Collateral;
(ic) to receive, endorse and collect any instruments made payable to Pledgor representing any dividend dividend, principal or interest payment or other distribution in respect of the Pledged Collateral or any part thereofthereof and to give full discharge for the same; or and
(iid) to file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.
Appears in 1 contract
Samples: Stock Pledge Agreement (Macerich Co)
SECURED. PARTY APPOINTED ATTORNEY-IN-FACT. Pledgor hereby irrevocably appoints Secured Party as Pledgor's attorney-in-fact, with full authority in the place and stead of Pledgor and in the name of Pledgor, Secured Party or otherwise, from time to time in Secured Party's discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including filing one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of Pledgor; PROVIDEDprovided, that unless an Event of Default has occurred and is continuing, Secured Party may not (i) receive, endorse and collect any instruments made payable to Pledgor representing any dividend or other distribution in respect of the Pledged Collateral or any part thereof; or (ii) file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.
Appears in 1 contract
SECURED. PARTY APPOINTED ATTORNEY-IN-FACT. Pledgor hereby irrevocably appoints Secured Party as Pledgor's attorney-in-fact, with full authority in the place and stead of Pledgor and in the name of Pledgor, Secured Party or otherwise, from time to time in Secured Party's discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including filing without limitation:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of Pledgor; PROVIDED, that unless an Pledgor (to the extent permitted by applicable law);
(b) during the continuance of any Event of Default has occurred Default, to ask, demand, collect, sue xxx, recover, compound, receive and is continuinggive acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
XVIII-8 244 (c) during the continuance of any Event of Default, Secured Party may not (i) to receive, endorse and collect any instruments made payable to Pledgor representing any dividend dividend, principal or interest payment or other distribution in respect of the Pledged Collateral or any part thereof; or (ii) file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable thereof and to give full discharge for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.same; and
Appears in 1 contract
Samples: Credit Agreement (FWT Inc)
SECURED. PARTY APPOINTED ATTORNEY-IN-FACT. Pledgor Pledgors hereby irrevocably appoints appoint Secured Party as Pledgor's Pledgors' attorney-in-fact, with full authority in the place and stead of Pledgor Pledgors and in the name of PledgorPledgors, Secured Party or otherwise, from time to time in Secured Party's discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including filing including:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of Pledgor; PROVIDEDPledgors;
(b) to ask, that unless an Event demand, collect, xxx for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of Default has occurred and is continuing, Secured Party may not any of the Pledged Collateral;
(ic) to receive, endorse and collect any instruments made payable to Pledgor Pledgors representing any dividend dividend, principal or interest payment or other distribution in respect of the Pledged Collateral or any part thereofthereof and to give full discharge for the same; or and
(iid) to file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.
Appears in 1 contract
Samples: Credit Agreement (Blackbaud Inc)
SECURED. PARTY APPOINTED ATTORNEY-IN-FACT. Pledgor hereby irrevocably appoints Secured Party as Pledgor's attorney-in-fact, with full authority in the place and stead of Pledgor and in the name of Pledgor, Secured Party or otherwise, from time to time in Secured Party's discretion to take any action and to execute any instrument that Secured Party may deem necessary or advisable to accomplish the purposes of this Agreement, including filing without limitation:
(a) to file one or more financing or continuation statements, or amendments thereto, relative to all or any part of the Pledged Collateral without the signature of Pledgor; PROVIDED, that unless an Pledgor (to the extent permitted by applicable law);
(b) during the continuance of any Event of Default has occurred Default, to ask, demand, collect, sue xxx, recover, compound, receive and is continuinggive acquittance and receipts for moneys due and to become due under or in respect of any of the Pledged Collateral;
(c) during the continuance of any Event of Default, Secured Party may not (i) to receive, endorse and collect any instruments made payable to Pledgor representing any dividend dividend, principal or interest payment or other distribution in respect of the Pledged Collateral or any part thereof; or (ii) file any claims or take any action or institute any proceedings that Secured Party may deem necessary or desirable thereof and to give full discharge for the collection of any of the Pledged Collateral or otherwise to enforce the rights of Secured Party with respect to any of the Pledged Collateral.same; and
Appears in 1 contract
Samples: Company Pledge Agreement (FWT Inc)