Xxxxxx of Attorney. Upon request, the Fund shall deliver to the Custodian such proxies, powers of attorney or other instruments as may be reasonable and necessary or desirable in connection with the performance by the Custodian or any Subcustodian of their respective obligations under this Agreement or any applicable subcustodian agreement.
Xxxxxx of Attorney. The Credit Union may allow a third person acting as your attorney-in-fact to make transactions regarding your account(s), pursuant to a Power of Attorney, but you agree that the Credit Union has no obligation to do so. Additionally, in the event that more than one Attorney- in-Fact is named in a presented Power of Attorney, you agree that we have the right to accept instructions from any named Attorney-in-Fact, and that we have no obligation to track dual signatures or otherwise verify that all named Attorney(s)-in-Fact have authorized a transaction or instruction. You agree that we may in our discretion refuse to honor any Power of Attorney presented to us for any reason permitted by law, and that we within our discretion may not recognize a Power of Attorney given by one owner of a Joint Account without the consent of the other Joint Account holder(s). You also agree that we may rely upon a submitted Power of Attorney and that we have no obligation to verify the scope, authenticity, and validity of any Power of Attorney presented to us. If we accept the Power of Attorney, the Credit Union has no duty to inquire as to the use or purpose of any transaction(s) by your attorney(s)-in-fact, and we may restrict or refuse account access, withdrawals and transfers. Additionally, you agree that the Credit Union has no obligation to determine the duration of any Power of Attorney or the qualifications of the named Attorney(s)-in-Fact. It is the sole responsibility of the account owner(s) to notify the Credit Union to remove POA access to an account once an accepted Power of Attorney is no longer necessary or appropriate. Further, you agree that as a condition precedent to accepting a Power of Attorney we may request: (a) an Agent’s Certification under penalty of perjury in a form deemed acceptable to the Credit Union of any factual matter concerning the Principal, the Agent, or the Power of Attorney; (b) an English translation of the Power of Attorney if the Power of Attorney is not legible or contains, in whole or in part, language other than English; and/or (c) an opinion of legal counsel selected by the Credit Union as to any matter of law concerning the Power of Attorney. You further agree we may require that a Power of Attorney be registered with the appropriate recording authorities. We may restrict the types or amounts of Transactions we permit an Attorney-in-Fact to conduct, and we will not allow a Power of Attorney to be utilized to change account ownersh...
Xxxxxx of Attorney. A power of attorney gives a party you designate the authority to access your Accounts, act as your attorney-in- fact, and handle your affairs on your behalf while you are alive. We reserve the right to only honor a powerof attorney affecting the Account if we are satisfied of the legality and/or authenticity of the form and content of the power of attorney, related certification, and any other information or documentation. The determination to accept or reject the information or documentation will be in our sole good-faith discretion, without any liability to BECU, and may be subject to change from time to time depending on the circumstances. All Account Holders are bound by any actions taken by the attorney-in-fact in connection with the Account. Unless stated in the power of attorney, your attorney-in-fact cannot:
1. Change or alter Account ownership;
2. Add or delete a beneficiary from the Account;
3. Empower others to act on the Primary Account Xxxxxx’s behalf; and
4. Any attorney-in-fact appointed by you is subject to this Agreement and must satisfy BECU membership requirements and conform to BECU’s Code of Conduct as published on our website. At our option, we may in good faith and without liability honor instructions given by someone else purporting to act for any Primary Account Holder and Joint Account Holder under a power of attorney. If we have reason to believe your attorney-in-fact is, or will be, in violation of this Agreement or our Code of Conduct we reserve the right to close your Accounts without prior notice to your or your attorney-in-fact.
Xxxxxx of Attorney. A power of attorney gives a party you designate the authority to access your Accounts, act as your attorney- in-fact, and handle your affairs on your behalf while you are alive. We reserve the right to only honor a power of attorney affecting the Account if we are satisfied of the legality and/or authenticity of the form and content of the power of attorney, related affidavit, and any other information or documentation. The determination to accept or reject the information or documentation will be in our sole good-faith discretion, without any liability to BECU, and may be subject to change from time to time depending on the circumstances. All Account Holders are bound by any actions taken by the attorney-in-fact in connection with the Account. Unless stated in the power of attorney, your attorney-in-fact cannot:
Xxxxxx of Attorney. There are no outstanding powers of attorney executed on behalf of the Company or any of the Shareholders.
Xxxxxx of Attorney. We are not required to recognize any power of attorney to act on an Account. We generally require that powers of attorney meet certain requirements under applicable State law before they will be recognized by us, including that the power be of a type that is recognized as “durable.” We may require the attorney-in-fact to present the original power of attorney before he or she may conduct any transaction involving the Account. We may require the attorney-in-fact to sign an affidavit regarding the attorney-in-fact’s right to act under the power. If we accept a power of attorney, we may continue to recognize the authority of the attorney-in-fact until we receive written notice of revocation or termination of the power of attorney and have had a reasonable time to act upon the notice. We reserve the right to restrict the types or amounts of transactions we will permit an attorney-in-fact to conduct on a case-by-case basis. A person acting under a power of attorney is not, by virtue of the power, an owner of the Account, and no funds in the account belong to the attorney-in-fact by reason of that capacity. The attorney-in-fact has no right of survivorship in the Account by virtue of that capacity.
Xxxxxx of Attorney. An Account owner granting a power of attorney over an Account is called the“Principal”, and the person acting for the Principal is called the attorney-in-fact, or“Agent.”We may refuse to accept a power of attorney for any reason, and we will require verification through direct contact with the Principal and the Principal’s legal counsel. We may require the Agent to sign an affidavit stating that the power of attorney presented to us is a true copy and that the Principal continues to be alive and competent and that the relevant powers of the Agent have not been amended or terminated. The Agent is responsible to us if any information in an affidavit furnished to us is untrue or materially misleading or if the Agent exceeds the authority granted by the Principal in the power of attorney. The Agent is required to notify us in writing if the Principal or any other Account owner dies or is declared incompetent. Upon death or declared incompetence of the Principal, the Agent’s power of attorney ceases.
Xxxxxx of Attorney. In addition to the foregoing, each Seller Party agrees to execute a Power of Attorney, in the form of Exhibit D hereto, to be delivered on the date hereof which may be used only in accordance with Section 28 hereof.
Xxxxxx of Attorney. We will recognize the authority of someone to whom you have given a valid power of attorney with regard to your account, provided the power of attorney is on file at the Bank, in effect, and on a form acceptable to the Bank. We may refuse to honor any power of attorney presented to us, or refuse to recognize a successor agent, even if the successor agent is named in a power of attorney that we have previously honored, unless state law requires otherwise. In addition, we may refuse to follow an agent’s instruction to make the agent a joint owner or a POD or ITF Beneficiary of an account, but we have no liability to anyone if we do so. We may rely on a power of attorney until we receive written notice that it has been revoked either from you or as a matter of law (e.g., your death).
Xxxxxx of Attorney. Referring to the General Power of Attorney described in Appendix C to the 2009 Amendment, Sxxxxx shall, from time to time, as applicable, provide a power of attorney having similar terms for any agent which shall succeed any agent acting for the benefit of the first lien secured parties and for any such agent in any subsequent senior financing described above, within 10 days of being furnished with a form of power of attorney for execution. Furthermore, in addition to the General Power of Attorney described in Appendix C to the 2009 Amendment, Sxxxxx shall provide, on or before the 2009 Amendment Date, and from time to time thereafter (within 10 days of being furnished with a form of power of attorney for execution), as applicable in the case off successors, an irrevocable, unconditional and recordable General Power of Attorney in favor of NBCU (and its successors as guarantors under the NBCU Guarantee), pursuant to which Sxxxxx shall authorize NBCU (and its successors as guarantors under the NBCU Guarantee) to execute and record, in the name and on behalf of Sxxxxx, (i) a release (x) each time that the first lien secured parties execute and record a similar such release or (y) in connection with any sale or transfer, in whole or in part, of any or all of the real or personal property in which a collateral interest is granted pursuant to this Paragraph 22, and (ii) a subordination (x) each time that the first lien secured parties execute and record a similar such subordination or (y) in connection with any refinancing, in whole or part, of the senior security interests and mortgage liens encumbering the Florida Project or any portion thereof or interest therein.
