Powers of Attorney and Suretyships The Company does not have any general or special powers of attorney outstanding (whether as grantor or grantee thereof) or any obligation or liability (whether actual, accrued, accruing, contingent, or otherwise) as guarantor, surety, co-signer, endorser, co-maker, indemnitor or otherwise in respect of the obligation of any Person.
Powers of Attorney, etc The Fund will promptly execute and deliver, upon request, such proxies, powers of attorney or other instruments as may be necessary or desirable for the Custodian to provide, or to cause any Subcustodian to provide, custody services.
Power of Attorney; Further Assurances (a) Each Debtor authorizes the Agent, and does hereby make, constitute and appoint the Agent and its officers, agents, successors or assigns with full power of substitution, as such Debtor’s true and lawful attorney-in-fact, with power, in the name of the Agent or such Debtor, to, after the occurrence and during the continuance of an Event of Default, (i) endorse any note, checks, drafts, money orders or other instruments of payment (including payments payable under or in respect of any policy of insurance) in respect of the Collateral that may come into possession of the Agent; (ii) to sign and endorse any financing statement pursuant to the UCC or any invoice, freight or express xxxx, xxxx of lading, storage or warehouse receipts, drafts against debtors, assignments, verifications and notices in connection with accounts, and other documents relating to the Collateral; (iii) to pay or discharge taxes, liens, security interests or other encumbrances at any time levied or placed on or threatened against the Collateral; (iv) to demand, collect, receipt for, compromise, settle and xxx for monies due in respect of the Collateral; (v) to transfer any Intellectual Property or provide licenses respecting any Intellectual Property; and (vi) generally, at the option of the Agent, and at the expense of the Debtors, at any time, or from time to time, to execute and deliver any and all documents and instruments and to do all acts and things which the Agent deems necessary to protect, preserve and realize upon the Collateral and the Security Interests granted therein in order to effect the intent of this Agreement and the Debentures all as fully and effectually as the Debtors might or could do; and each Debtor hereby ratifies all that said attorney shall lawfully do or cause to be done by virtue hereof. This power of attorney is coupled with an interest and shall be irrevocable for the term of this Agreement and thereafter as long as any of the Obligations shall be outstanding. The designation set forth herein shall be deemed to amend and supersede any inconsistent provision in the Organizational Documents or other documents or agreements to which any Debtor is subject or to which any Debtor is a party. Without limiting the generality of the foregoing, after the occurrence and during the continuance of an Event of Default, each Secured Party is specifically authorized to execute and file any applications for or instruments of transfer and assignment of any patents, trademarks, copyrights or other Intellectual Property with the United States Patent and Trademark Office and the United States Copyright Office.
Appointment of Attorney-in-Fact Each Credit Party hereby constitutes and appoints Lender as its attorney-in-fact with full authority in the place and stead of such Credit Party and in the name of such Credit Party, Lender or otherwise, from time to time in Lender’s discretion while an Event of Default is continuing to take any action and to execute any instrument that Lender may deem necessary or advisable to accomplish the purposes of this Agreement, including: (a) to ask, demand, collect, xxx for, recover, compound, receive and give acquittance and receipts for moneys due and to become due under or in respect of any of the Collateral; (b) to adjust, settle or compromise the amount or payment of any Account, or release wholly or partly any customer or obligor thereunder or allow any credit or discount thereon; (c) to receive, endorse, and collect any drafts or other instruments, documents and chattel paper, in connection with clause (a) above; (d) to file any claims or take any action or institute any proceedings that Lender may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of Lender with respect to any of the Collateral; and (e) to sign and endorse any invoices, freight or express bills, bills of lading, storage or warehouse receipts, assignments, verifications and notices in connection with Accounts and other documents relating to the Collateral. The appointment of Lender as each Credit Party’s attorney and Lender’s rights and powers are coupled with an interest and are irrevocable until payment in full and complete performance of all of the Obligations.
Warrant of Attorney The undersigned Guarantors, and each of them, hereby authorize any attorney at law to appear in any court of record in any county in the State of Ohio, or elsewhere, where any of the Guarantors resides, signed this Guaranty, or can be found, after the obligation evidenced hereby, or any part thereof, becomes due and is unpaid, and to waive the issuance and service of process and to confess judgment against any or all of the Guarantors in favor of the holder of this Guaranty for the amount then appearing due, together with interest, late charges and the costs of suit, including collection costs and attorneys’ fees and the like as provided for in this Guaranty, and thereupon to release all errors in said proceedings and judgments and to waive all right of appeal and stay of execution; but no judgment or judgments against less than all of the Guarantors shall be a bar to any subsequent judgment against those Guarantors against whom judgment has not been taken, this being a joint and several warrant of attorney to confess judgment. WITNESS the due execution hereof of this Amended and Restated Subsidiaries Guaranty as a document under seal, as of the date first written above with the intent to be legally bound hereby. WARNING—BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU D0 NOT PAY ON TIME, A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE, AND THE POWERS OF A COURT CAN BE USED TO COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR, WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILI1RE ON H1S PART TO COMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE. ATTEST: INTERFORM CORPORATION /s/ Txxxx X. Xxxxxx By: /s/ Txxx X. Xxx (SEAL) Print Name: Txxxx X. Xxxxxx Print Name: Txxx X. Xxx Title: VP of Administration Title: Vice President & Chief Financial Officer ATTEST: U.S. TAG & TICKET COMPANY, INC. /s/ Txxxx X. Xxxxxx By: /s/ Txxx X. Xxx(SEAL) Print Name: Txxxx X. Xxxxxx Print Name: Txxx X. Xxx Title: VP of Administration Title: Vice President & Chief Financial Officer ATTEST: THE CXXXXXX PRINTING COMPANY,INC. /s/ Txxxx X. Xxxxxx By: /s/ Txxx X. Xxx(SEAL) Print Name: Txxxx X. Xxxxxx Print Name: Txxx X. Xxx Title: VP of Administration Title: Vice President & Chief Financial Officer WITNESS the due execution hereof of this Amended and Restated Subsidiaries Guaranty as a document under seal, as of the date first written above, with the intent to be legally bound hereby. WARNING—BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME, A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE, AND THE POWERS OF A COURT CAN BE USED TO COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR, WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE ON HIS PART TO COMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE. ATTEST: STATIONERS, INC. /s/ Txxxx X. Xxxxxx By: /s/ Txxx X. Xxx (SEAL) Print Name: Txxxx X. Xxxxxx Print Name: Txxx X. Xxx Title: VP of Administration Title: Vice President & Chief Financial Officer ATTEST: DONIHE GRAPHICS, INC. /s/ Txxxx X. Xxxxxx By: /s/ Txxx X. Xxx(SEAL) Print Name: Txxxx X. Xxxxxx Print Name: Txxx X. Xxx Title: VP of Administration Title: Vice President & Chief Financial Officer ATTEST: THE MXXXXX COMPANY /s/ Txxxx X. Xxxxxx By: /s/ Txxx X. Xxx(SEAL) Print Name: Txxxx X. Xxxxxx Print Name: Txxx X. Xxx Title: VP of Administration Title Vice President& Chief Financial Officer. WITNESS the due execution hereof of this Amended and Restated Subsidiaries Guaranty as a document under seal, as of the date first written above, with the intent to be legally bound hereby. WARNING—BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME, A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE, AND THE POWERS OF A COURT CAN BE USED TO COLLLCT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR, WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE ON HIS PART TO COMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE. ATTEST: BXXXXXX PRINTING, INC. /s/Txxxx X. Xxxxxx By: /s/ Txxx X. Xxx (SEAL) Print Name: Txxxx X. Xxxxxx Print Name: Txxx X. Xxx Title: VP of Administration Title: Vice President & Chief Financial Officer ATTEST: SXXXX & BXXXXXXXXXX CO., INC. /s/Txxxx X. Xxxxxx By: /s/ Txxx X. Xxx (SEAL) Print Name: Txxxx X. Xxxxxx Print Name: Txxx X. Xxx Title: VP of Administration Title: Vice President & Chief Financial Officer ATTEST: DALLAS PRINTING COMPANY, INC. /s/Txxxx X. Xxxxxx By:/s/ Txxx X. Xxx(SEAL) Print Name: Txxxx X. Xxxxxx Print Name: Txxx X. Xxx Title: VP of Administration Title: Vice President & Chief Financial Officer WITNESS the due execution hereof of this Amended and Restated Subsidiaries Guaranty as a document under seal, as of the date first written above, with the intent to be legally bound hereby. WARNING—BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME, A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE, AND THE POWERS OF A COURT CAN BE USED TO COLLECT FROM YOU REGARULESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR, WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE ON HIS PART TO COMPLY WITH THE AGREEMENT, OR ANY OTIIER CAUSE. ATTEST: STATIONERS, INC. /s/ Txxxx X. Xxxxxx By: /s/ Txxx X. Xxx (SEAL) Print Name: Txxxx X. Xxxxxx Print Name: Txxx X. Xxx Title: VP of Administration Title: Vice President & Chief Financial Officer ATTEST: DONIHE GRAPHICS, INC. /s/ Txxxx X. Xxxxxx By: /s/ Txxx X. Xxx(SEAL) Print Name: Txxxx X. Xxxxxx Print Name: Txxx X. Xxx Title: VP of Administration Title: Vice President & Chief Financial Officer ATTEST: THE MXXXXX COMPANY /s/ Txxxx X. Xxxxxx By: /s/ Txxx X. Xxx (SEAL) Print Name: Txxxx X. Xxxxxx Print Name: Txxx X. Xxx Title: VP of Administration Title: Vice President & Chief Financial Officer WITNESS the due execution hereof of this Amended and Restated Subsidiaries Guaranty as a document under seal, as of the date first written above with the intent to be legally bound hereby. WARNING—BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME, A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE, AND THE POWERS OF A COURT CAN BE USED TO COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR, WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE ON HIS PART TO COMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE. ATTEST: CAROLINA CUT SHEETS. INC. /s/ Txxxx X. Xxxxxx By: /s/ Txxx X. Xxx (SEAL) Print Name: Txxxx X. Xxxxxx Print Name: Txxx X. Xxx Title: VP of Administration Title: Vice President & Chief Financial Officer ATTEST: CHMP LEASING, INC. /s/ Txxxx X. Xxxxxx By: /s/ Txxx X. Xxx (SEAL) Print Name: Txxxx X. Xxxxxx Print Name: Txxx X. Xxx Title: VP of Administration Title: Vice President & Chief Financial Officer ATTEST: BLUE RIDGE PRINTING COMPANY, INC. /s/ Txxxx X. AdkinsBy: /s/ Txxx X. Xxx Print Name: Txxxx X. Xxxxxx Print Name: Txxx X. Xxx Title: VP of Administration Title: Vice President & Chief Financial Officer WITNESS the due execution hereof of this Amended and Restated Subsidiaries Guaranty as a document under seal, as of the date first written above with the intent to be legally bound hereby. WARNING—BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME, A COURT JUDGEMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE, AND THE POWERS OF A COURT CAN BE USED TO COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR, WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE ON HIS PART TO COMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE. ATTEST: ROSE CITY PRESS /s/ Txxxx X. Xxxxxx By: /s/ Txxx X. Xxx (SEAL) Print Name: Txxxx X. Xxxxxx Print Name: Txxx X. Xxx Title: VP of Administration Title: Vice President & Chief Financial Officer ATTEST: CAPITOL BUSINESS EQUIPMENT, INC. /s/ Txxxx X. Xxxxxx By: /s/ Txxx X. Xxx (SEAL) Print Name: Txxxx X. Xxxxxx Print Name: Txxx X. Xxx (SEAL) Title: VP of Administration Title: Vice President & Chief Financial Officer ATTEST: TXXXXXXX’X OF MORGANTOWN, INC. /s/ Txxxx X. Xxxxxx By: /s/ Txxx X. Xxx (SEAL) Print Name: Txxxx X. Xxxxxx Print Name: Txxx X. Xxx Title: VP of Administration Title: Vice President & Chief Financial Officer WITNESS the due execution hereof of this Amended and Restated Subsidiaries Guaranty as a document under seal, as of the date first written above with the intent to be legally bound hereby. WARNING—BY SIGNING THIS PAPER YOU GIVE UP YOUR RIGHT TO NOTICE AND COURT TRIAL. IF YOU DO NOT PAY ON TIME, A COURT JUDGMENT MAY BE TAKEN AGAINST YOU WITHOUT YOUR PRIOR KNOWLEDGE, AND THE POWERS OF A COURT CAN BE USED TO COLLECT FROM YOU REGARDLESS OF ANY CLAIMS YOU MAY HAVE AGAINST THE CREDITOR, WHETHER FOR RETURNED GOODS, FAULTY GOODS, FAILURE ON HIS PART TO COMPLY WITH THE AGREEMENT, OR ANY OTHER CAUSE. ATTEST: DIEZ BUSINESS MACHINES, INC. /s/ Txxxx X. Xxxxxx By: /s/ Txxx X. Xxx (SEAL) Print Name: Txxxx X. Xxxxxx Print Name: Txxx X. Xxx Title: VP of Administration Title: Vice President & Chief Financial Officer ATTEST: TRANSDATA SYSTEMS, INC, /s/ Txxxx X. Xxxxxx By: /s/ Txxx X. Xxx (SEAL) Print Name: Txxxx X. Xxxxxx Print Name: Txxx X. Xxx Title: VP of Administration Title: Vice President & Chief Financial Officer ATTEST: INDEPENDENT PRINTING SERVICE, INC. /s/ Txxxx X. Xxxxxx By: /s/ Txxx X. Xxx Print Name: Txxxx X. Xxxxxx Print Name: Txxx X. Xxx Title: VP of Administration Title: Vice President & Chief Financial Officer Schedule 12 Schedule of Addresses for Notices to Guarantors All notices to any Guarantor shall be sent to the following address: c/o Champion Industries, Inc. P.O. Box 2968 Kxxx Industrial Pxxx Xxxxxxxxxx Xxxx Xxxxx 0 Xxxxxxxxxx, Xxxx Xxxxxxxx 00000 Attn: Txxx X. Xxx Vice President & Chief Financial Officer Telephone: (000) 000-0000 Facsimile: (000) 000-0000
Authorization of Power of Attorney and Custody Agreement The Power of Attorney and Custody Agreement, in the form heretofore furnished to the Representatives (the “Power of Attorney and Custody Agreement”), has been duly authorized, executed and delivered by such Selling Shareholder and is the valid and binding agreement of such Selling Shareholder.
Banks; Powers of Attorney Schedule 5.15 is a complete and correct list showing (i) the names of each bank in which the Company has an account or safe deposit box and the names of all persons authorized to draw thereon or who have access thereto, and (ii) the names of all persons, if any, holding powers of attorney from the Company.
Powers of Attorney There are no outstanding powers of attorney executed on behalf of the Company.
No Powers of Attorney The Company has no powers of attorney or similar authorizations outstanding.
Control Agreement; Appointment of Attorney-in-Fact The Advisor agrees to execute and deliver to the Board, in form and substance satisfactory to the Board, a Control Agreement by, between and among the Trust, the Advisor and the Securities Intermediary (the “Control Agreement”) pursuant to and consistent with Section 8-106(c) of the New York Uniform Commercial Code, which shall terminate when the Collateral Account is no longer required under this Agreement. Without limiting the foregoing, for so long as the Collateral Account in required under the Agreement, the Advisor hereby irrevocably constitutes and appoints the Trust, through any officer thereof, with full power of substitution, as Advisor's true and lawful Attorney-in-Fact, with full irrevocable power and authority in place and stead of the Advisor and in the name of the Advisor or in the Trust's own name, from time to time, for the purpose of carrying out the terms of this Agreement, to take any and all appropriate actions and to execute and deliver any and all documents and instruments which the Board deems necessary to accomplish the purpose of this Agreement, which power of attorney is coupled with an interest and shall be irrevocable. Without limiting the generality of the foregoing, the Trust shall have the right and power following any Collateral Event to receive, endorse and collect all checks and other orders for the payment of money made payable to the Advisor representing any interest payment, dividend, or other distribution payable in respect of or to the Collateral, or any part thereof, and to give full discharge for the same. So long as a Collateral Event has occurred and is continuing, the Board, in its discretion, may direct the Advisor or Advisor's agent to transfer the Collateral in certificated or uncertificated form into the name and account of the Trust or its designee.
