Common use of Actions by Agent Clause in Contracts

Actions by Agent. The Borrower hereby designates Agent as the attorney-in-fact of the Borrower to: (a) endorse in favor of Agent any of the Collateral following an Event of Default which is continuing; (b) cause the transfer of any of the Collateral in such name as Agent may from time to time determine following an Event of Default which is continuing; (c) renew, extend or roll over any Collateral following an Event of Default which is continuing; (d) make, demand and initiate actions to enforce any of the Collateral or rights therein following an Event of Default which is continuing; and (e) take any other action to effectuate the terms and provisions of this Pledge Agreement following an Event of Default which is continuing. Following an Event of Default which is continuing, Agent may take such action with respect to the Collateral as Agent may reasonably determine to be necessary to protect and preserve its interest in the Collateral. Except as otherwise provided herein, all of the rights, remedies, powers, privileges and discretions included in this Section 9 may be exercised by Agent whether or not the Obligations are then due provided that an Event of Default has occurred and is continuing. The within designation and grant of power of attorney is coupled with an interest, is irrevocable until the lien created by this Pledge Agreement is terminated by a written instrument executed by a duly authorized officer of Agent or is required to be so terminated by the terms of the Loan Agreement. The power of attorney shall not be affected by subsequent disability or incapacity of the Borrower. Agent shall not be liable for any act or omission to act pursuant to this Section 9, except for any act or omission to act which is in actual bad faith, or constitutes gross negligence or willful misconduct.

Actions by Agent. The Borrower NMLP hereby designates Agent as the attorney-in-fact of the Borrower NMLP to: (a) after the occurrence and during the continuance of an Event of Default, endorse in favor of Agent any of the Collateral following an Event of Default which is continuingCollateral; (b) after the occurrence and during the continuance of an Event of Default, cause the transfer of any of the Collateral in such name as Agent may from time to time determine following an Event of Default which is continuingdetermine; (c) cause the issuance of certificates for book entry and/or uncertificated securities; (d) renew, extend or roll over any Collateral following an Event of Default which is continuingCollateral; (de) make, demand and initiate actions to enforce any of the Collateral or rights therein following an Event of Default which is continuingtherein; and (ef) take any other action to effectuate the terms and provisions of this Pledge Agreement following an Event of Default which is continuingAgreement. Following an Event of Default which is continuing, Agent may take such action with respect to the Collateral as Agent may reasonably determine to be necessary to protect and preserve its interest in the Collateral. Except as otherwise provided herein, all of the rights, remedies, powers, privileges and discretions included in this Section 9 may be exercised by Agent whether or not the NMLP Obligations are then due provided that and whether or not an Event of Default has occurred and is continuingoccurred. The within designation and grant of power of attorney is coupled with an interest, is irrevocable until the lien created by this Pledge Agreement is terminated by a written instrument executed by a duly authorized officer of Agent or is required to be so terminated by the terms of the Loan AgreementAgent. The power of attorney shall not be affected by subsequent disability or incapacity of the BorrowerNMLP. Agent shall not be liable for any act or omission to act pursuant to this Section 9, except for any act or omission to act which is in actual bad faith, or constitutes gross negligence or willful misconduct.

Actions by Agent. The Borrower hereby designates Agent as the attorney-in-fact of the Borrower to: (a) after the occurrence and during the continuance of an Event of Default, endorse in favor of Agent any of the Collateral following an Event of Default which is continuingCollateral; (b) after the occurrence and during the continuance of an Event of Default, cause the transfer of any of the Collateral in such name as Agent may from time to time determine following an Event of Default which is continuingdetermine; (c) cause the issuance of certificates for book entry and/or uncertificated securities; (d) renew, extend or roll over any Collateral following an Event of Default which is continuingCollateral; (de) make, demand and initiate actions to enforce any of the Collateral or rights therein following an Event of Default which is continuingtherein; and (ef) take any other action to effectuate the terms and provisions of this Pledge Agreement following an Event of Default which is continuingAgreement. Following an Event of Default which is continuing, Agent may take such action with respect to the Collateral as Agent may reasonably determine to be necessary to protect and preserve its interest in the Collateral. Except as otherwise provided herein, all of the rights, remedies, powers, privileges and discretions included in this Section 9 may be exercised by Agent whether or not the Obligations are then due provided that and whether or not an Event of Default has occurred and is continuingoccurred. The within designation and grant of power of attorney is coupled with an interest, is irrevocable until the lien created by this Pledge Agreement is terminated by a written instrument executed by a duly authorized officer of Agent or is required to be so terminated by the terms of the Loan AgreementAgent. The power of attorney shall not be affected by subsequent disability or incapacity of the Borrower. Agent shall not be liable for any act or omission to act pursuant to this Section 9, except for any act or omission to act which is in actual bad faith, or constitutes gross negligence or willful misconduct.

Actions by Agent. The Borrower hereby designates Agent as the attorney-in-fact of the Borrower to: (a) after the occurrence and during the continuance of an Event of Default, endorse in favor of Agent any of the Collateral following an Event of Default which is continuingCollateral; (b) after the occurrence and during the continuance of an Event of Default, cause the transfer of any of the Collateral in such name as Agent may from time to time determine following an Event of Default which is continuingdetermine; (c) cause the issuance of certificates for book entry and/or uncertificated securities; (d) renew, extend or roll over any Collateral following an Event of Default which is continuingCollateral; (de) make, demand and initiate actions to enforce any of the Collateral or rights therein following an Event of Default which is continuingtherein; and (ef) take any other action to effectuate the terms and provisions of this Pledge Agreement following an Event of Default which is continuingAgreement. Following an Event of Default which is continuing, Agent may take such action with respect to the Collateral as Agent may reasonably determine to be necessary to protect and preserve its interest in the Collateral. Except as otherwise provided herein, all of the rights, remedies, powers, privileges and discretions included in this Section 9 may be exercised by Agent whether or not the Obligations are then due provided that and whether or not an Event of Default has occurred and is continuingoccurred. The within designation and grant of power of attorney is coupled with an interest, is irrevocable until the lien created by this Pledge Agreement is terminated by a written instrument executed by a duly authorized officer of Agent or is required to be so terminated by the terms of the Loan AgreementAgent. The power of attorney shall not be affected by subsequent disability or incapacity of the Borrower. Agent shall not be liable for any act or omission to act pursuant to this Section 9, except for any act or omission to act which is in actual bad faith, or constitutes gross negligence or willful misconduct.

Actions by Agent. The Borrower hereby designates Agent as the attorney-in-fact of the Borrower to: (a) after the occurrence and during the continuance of an Event of Default, endorse in favor of Agent any of the Collateral following an Event of Default which is continuingCollateral; (b) cause after the transfer occurrence and during the continuance of an Event of Default, transfer, sell or otherwise dispose of any of the Collateral (including, without limitation, any series of membership interest in the Holding Company) in such name as Agent may from time to time determine following an Event of Default which is continuingdetermine; (c) cause the issuance of certificates for book entry and/or uncertificated securities; (d) renew, extend or roll over any Collateral following an Event of Default which is continuingCollateral; (de) make, demand and initiate actions to enforce any of the Collateral or rights therein following an Event of Default which is continuingtherein; and (ef) take any other action to effectuate the terms and provisions of this Pledge Agreement following an Event of Default which is continuingAgreement. Following an Event of Default which is continuing, Agent may take such action with respect to the Collateral as Agent may reasonably determine to be necessary to protect and preserve its interest in the Collateral. Except as otherwise provided herein, all of the rights, remedies, powers, privileges and discretions included in this Section 9 may be exercised by Agent whether or not the Obligations are then due provided that and whether or not an Event of Default has occurred and is continuingoccurred. The within designation and grant of power of attorney is coupled with an interest, is irrevocable until the lien created by this Pledge Agreement is terminated by a written instrument executed by a duly authorized officer of Agent or is required to be so terminated by the terms of the Loan AgreementAgent. The power of attorney shall not be affected by subsequent disability or incapacity of the Borrower. Agent shall not be liable for any act or omission to act pursuant to this Section 9, except for any act or omission to act which is in actual bad faith, or constitutes gross negligence or willful misconduct.

Actions by Agent. The Borrower NMLP hereby designates Agent as the attorney-in-fact of the Borrower NMLP to: (a) after the occurrence and during the continuance of an Event of Default, endorse in favor of Agent any of the Collateral following an Event of Default which is continuingCollateral; (b) cause after the transfer occurrence and during the continuance of an Event of Default, transfer, sell or otherwise dispose of any of the Collateral (including, without limitation, any series of membership interest in the Holding Company) in such name as Agent may from time to time determine following an Event of Default which is continuingdetermine; (c) cause the issuance of certificates for book entry and/or uncertificated securities; (d) renew, extend or roll over any Collateral following an Event of Default which is continuingCollateral; (de) make, demand and initiate actions to enforce any of the Collateral or rights therein following an Event of Default which is continuingtherein; and (ef) take any other action to effectuate the terms and provisions of this Pledge Agreement following an Event of Default which is continuingAgreement. Following an Event of Default which is continuing, Agent may take such action with respect to the Collateral as Agent may reasonably determine to be necessary to protect and preserve its interest in the Collateral. Except as otherwise provided herein, all of the rights, remedies, powers, privileges and discretions included in this Section 9 may be exercised by Agent whether or not the NMLP Obligations are then due provided that and whether or not an Event of Default has occurred and is continuingoccurred. The within designation and grant of power of attorney is coupled with an interest, is irrevocable until the lien created by this Pledge Agreement is terminated by a written instrument executed by a duly authorized officer of Agent or is required to be so terminated by the terms of the Loan AgreementAgent. The power of attorney shall not be affected by subsequent disability or incapacity of the BorrowerNMLP. Agent shall not be liable for any act or omission to act pursuant to this Section 9, except for any act or omission to act which is in actual bad faith, or constitutes gross negligence or willful misconduct.