Specific Rights With Regard to Collateral. In addition to all other rights and remedies provided hereunder or as shall exist at law or in equity from time to time, Lender may (but shall be under no obligation to), without notice to any Borrower, and each Borrower hereby irrevocably appoints Lender as its attorney-in-fact, with power of substitution, in the name of Lender and/or in the name of Borrower for the use and benefit of Lender, but at the cost and expense of Borrowers and without notice to Borrowers:
(a) request any Account Debtor obligated on any of the Accounts to make payments thereon directly to Lender, with Lender taking control of the Proceeds thereof;
(b) compromise, extend or renew any of the Collateral or deal with the same as it may deem advisable;
(c) make exchanges, substitutions or surrenders of all or any part of the Collateral;
(d) copy, transcribe, or remove from any place of business of any Borrower or any Subsidiary all books, records, ledger sheets, correspondence, invoices and documents, relating to or evidencing any of the Collateral or without cost or expense to Lender, subject to the terms of any applicable leases, make such use of any Borrower’s or any Subsidiary’s place(s) of business as may be reasonably necessary to administer, control and collect the Collateral;
(e) repair, alter or supply goods if necessary to fulfill in whole or in part the purchase order of any Account Debtor;
(f) demand, collect, receipt for and give renewals, extensions, discharges and releases of any of the Collateral;
(g) institute and prosecute legal and equitable proceedings to enforce collection of, or realize upon, any of the Collateral;
(h) settle, renew, extend, compromise, compound, exchange or adjust claims in respect of any of the Collateral or any legal proceedings brought in respect thereof;
(i) endorse or sign the name of any Borrower upon any Items of Payment, certificates of title, Instruments, Investment Property, stock powers, documents, documents of title, financing statements, assignments, notices, or other writing relating to or part of the Collateral and on any proof of claim in bankruptcy against an Account Debtor;
(j) clear Inventory through customs in Lender’s or, as applicable, any Borrower’s name and to sign and deliver to customs officials powers of attorney in any Borrower’s name for such purpose;
(k) notify the Post Office authorities to change the address for the delivery of mail to any Borrower to such address or Post Office Box as Lender may designate and rec...
Specific Rights With Regard to Collateral. In addition to all other rights and remedies provided hereunder, under the other Financing Documents or as shall exist at Law or in equity from time to time, the Lender may (but shall be under no obligation to), without notice to any of the Borrowers or to any of the Property Owners, and each of the Borrowers and each of the Property Owners hereby irrevocably appoints the Lender as its attorney-in-fact, with power of substitution, in the name of the Lender or in the name of any of the Borrowers or any of the Property Owners or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Borrowers and without notice to any of the Borrowers or to any of the Property Owners, to:
(a) Compromise, extend or renew any of the Collateral or deal with the same as it may deem advisable;
(b) Copy, transcribe, or remove from any place of business of any of the Borrowers or any of the Property Owners all books, records, ledger sheets, correspondence, invoices and documents, relating to or evidencing any of the Collateral or without cost or expense to the Lender, make such use of the Borrowers' place(s) of business as may be reasonably necessary to administer, control and collect the Collateral;
Specific Rights With Regard to Collateral. In addition to all other rights and remedies provided hereunder or as shall exist at law or in equity from time to time, the Lender may (but shall be under no obligation to), without notice to the Borrower, and the Borrower hereby irrevocably appoints the Lender as its attorney-in-fact, with power of substitution, in the name of the Lender or in the name of the
Specific Rights With Regard to Collateral. Following an Event of Default, in addition to all other rights and remedies provided hereunder, the Deed of Trust, any of the Financing Documents or as shall exist at law or in equity from time to time, the Agent may, without further notice to the Borrower and subject to the terms of the Agency Agreement:
(a) assign any and all Operating Agreements and Management Contracts to any Person designated by the Agent, and/or exercise all rights and privileges of the Borrower under such contracts and agreements for the purpose of realizing on the Collateral and to the extent and for the time required to realize the value of the Collateral;
(b) to the extent permitted by applicable law,
(i) enter into possession of any of the Property and perform any and all work and labor necessary to complete the development of the Land and the construction of the Improvements thereon (whether or not in accordance with the Plans and Specifications thereon); (ii) employ watchmen to protect the Property and the Improvements; and (iii) assume such management, operation and control of the Property to the extent and for the time necessary to realize the value of the Collateral;
(c) cause the Borrower to engage, contract with, and/or hire qualified service, billing, collection and other such agents, organizations and
Specific Rights With Regard to Collateral. Following an Event of Default, in addition to all other rights and remedies provided hereunder or as shall exist at law or in equity from time to time, the Lender may, without notice to the Borrowers:
(a) assign any and all Operating Agreements and Management Contracts to any Person designated by the Lender, and/or exercise all rights and privileges of the
Specific Rights With Regard to Collateral. In addition to all other rights and remedies provided hereunder or as shall exist at law or in equity from time to time, during the continuance of an Event of Default the Lender may without notice to the Borrower (except to the extent required by applicable Laws) endorse the name of the Borrower upon any items of payment relating to the Collateral or on any proof of claim in any bankruptcy proceeding against an account debtor and any other obligor with respect to the Collateral.
Specific Rights With Regard to Collateral. In addition to all other rights and remedies provided hereunder or as shall exist at law or in equity from time to time, during the continuance of an Event of Default the Agent may without notice to the Borrower (except to the extent required by applicable Laws) endorse the name of the Borrower upon any items of payment relating to the Collateral or on any proof of claim in any bankruptcy proceeding against an account debtor and any other obligor with respect to the Collateral.
Specific Rights With Regard to Collateral. Following an Event of Default, in addition to all other rights and remedies provided hereunder or as shall exist at law or in equity from time to time, the Administrative Agent may, without notice to the Borrowers and subject to the terms of the Agency Agreement:
(a) assign any and all Operating Agreements and Management Contracts to any Person designated by the Administrative Agent, and/or exercise all rights and privileges of the Borrowers under such contracts and agreements for the purpose of realizing on the Collateral and to the extent and for the time required to realize the value of the Collateral;
(b) to the extent permitted by applicable law, assume such management, operation and control of the Property to the extent and for the time necessary to realize the value of the Collateral;
(c) cause the Borrowers to engage, contract with, and/or hire qualified service, billing, collection and other such agents, organizations and companies acceptable to the Administrative Agent to collect and/or realize upon any or all of the Collateral and to remit the proceeds to the Administrative Agent;
(d) subject to applicable state and federal laws pertaining to resident confidentiality, request any Account Debtor obligated on any of the Accounts to make
Specific Rights With Regard to Collateral. In addition to all other rights and remedies provided hereunder or as shall exist at law or in equity from time to time, the Lender may (but shall be under no obligation to), without notice to the Borrower, and the Borrower hereby irrevocably appoints the Lender as its attorney-in-fact, with power of substitution, in the name of the Lender or in the name of the Borrower or otherwise, for the use and benefit of the Lender, but at the cost and expense of the Borrower and without notice to the Borrower:
Specific Rights With Regard to Collateral. Following an Event of Default, in addition to all other rights and remedies provided hereunder or as shall exist at law or in equity from time to time, the Agent may, without notice to the Borrower or any Guarantor Subsidiary and subject to the terms of the Agency Agreement:
(a) assign any and all Operating Agreements and Management Contracts to any Person designated by the Agent, and/or exercise all rights and privileges of the Borrower or Guarantor Subsidiary under such contracts and agreements for the purpose of realizing on the Collateral and to the extent and for the time required to realize the value of the Collateral;
