Agent Appointed Attorney. 8.6 To the extent permitted by Applicable Law, each Credit Party irrevocably appoints the Agent to be the attorney of such Credit Party in the name and on behalf of such Credit Party to execute any instruments and do any things which such Credit Party ought to execute and do, and has not executed or done, under the covenants and provisions contained in this Agreement and generally to use the name of such Credit Party in the exercise of all or any of the powers hereby conferred on the Agent with full powers of substitution and revocation. Such power of attorney, being coupled with an interest, is irrevocable. Remedies Cumulative
Agent Appointed Attorney in-Fact. Each Pledgor hereby irrevocably appoints the Agent such Pledgor's attorney-in-fact, with full authority in the place and stead of such Pledgor and in the name of such Pledgor or otherwise, from time to time after the occurrence and during the continuance of an Event of Default in the Agent's discretion, to take any action and to execute any instrument that the Agent may deem necessary or advisable to accomplish the purposes of this Agreement, including, without limitation:
Agent Appointed Attorney. IN-FACT. Debtor hereby irrevocably appoints Agent as Debtor's attorney-in-fact, with full authority in the place and stead of Debtor and in the name of Debtor or otherwise to take any action and to execute any instrument which Agent may deem necessary or advisable to accomplish the purposes of this Agreement, including, without limitation (provided that the actions listed in each clause below, other than the obtainment and adjustment of insurance, may only be taken or exercised after the occurrence of an Event of Default):
Agent Appointed Attorney in-Fact -------------------------------- Each Debtor hereby irrevocably appoints Agent as such Debtor's attorney-in- fact, with full authority in the place and stead of such Debtor and in the name of such Debtor, Agent or otherwise, from time to time after the occurrence and during the continuance of an Event of Default, in Agent's discretion to take any action and to execute any instrument that Agent may deem necessary or advisable to accomplish the purposes of this Agreement, including, without limitation:
Agent Appointed Attorney. IN-FACT -------------------------------- Each Grantor hereby irrevocably appoints Agent as such Grantor's attorney-in-fact, with full authority in the place and stead of such Grantor and in the name of such Grantor, Agent or otherwise, from time to time following the occurrence and during the continuance of an Event of Default, in Agent's discretion to take any action and to execute any instrument that Agent may deem necessary or advisable to accomplish the purposes of this Agreement, including, without limitation the following:
Agent Appointed Attorney. IN-FACT -------------------------------- The Company hereby appoints the Agent the Company's attorney-in-fact, with full power of substitution, to submit any Pledged Mortgage Loan or Mortgage-backed Security which constitutes Collateral and related documents to a purchaser under a Take-Out Commitment and for the purpose of carrying out the provisions of this Agreement and taking any action and executing in the name of the Company without recourse to the Agent any instrument, including, but not limited to, the instruments described in Section 2 hereof, which the Agent may deem necessary or advisable to accomplish the purpose hereof, which appointment is irrevocable and coupled with an interest. Without limiting the generality of the foregoing, the Agent shall have the right and power to receive, endorse and collect checks and other orders for the payment of money made payable to the Company representing any payment or reimbursement made under, or pursuant or with respect to, the Collateral or any part thereof and to give full discharge for the same. The Agent agrees that it shall not, without further instructions of the Company, exercise the foregoing power of attorney unless an Event of Default or Unmatured Event of Default has occurred and is continuing. Whether or not an Event of Default or an Unmatured Event of Default shall have occurred or be continuing, the Company hereby authorizes the Agent in its discretion at any time and from time to time to (i) complete or cause to be completed any assignment of real estate mortgage or deed of trust which heretofore was, or hereafter at any time may be, executed and delivered by the Company to the Agent so that such assignment describes a real estate mortgage or deed of trust which is security for any Pledged Mortgage Loan now or hereafter at any time constituting Collateral and (ii) complete or cause to be completed any other assignment or endorsement that was delivered in blank hereunder.
Agent Appointed Attorney. Each Grantor hereby irrevocably appoints Agent its attorney, with full authority in the place and stead of such Grantor and in the name of such Grantor or otherwise, at such time as an Event of Default has occurred and is continuing under the Credit Agreement, to take any action and to execute any instrument which Agent may reasonably deem necessary or advisable to accomplish the purposes of this Agreement, including:
Agent Appointed Attorney in-Fact. Guarantor hereby irrevocably appoints the Agent Guarantor's attorney-in-fact, with full authority in the place and stead of Guarantor and in the name of Guarantor, the Agent or otherwise, to, after the occurrence and during the continuance of an Event of Default, take any action and to execute any instrument which the Agent may deem necessary or advisable to accomplish the purposes of this Agreement, including, without limitation:
Agent Appointed Attorney. IN-FACT. Pledgor hereby constitutes and appoints Agent, with full power of substitution, Pledgor's attorney-in-fact for the purpose of carrying out the provisions of this Agreement and taking any action and executing any instrument which Agent may deem necessary or advisable to accomplish the purposes hereof, which appointment is coupled with an interest and is irrevocable. Without limiting the generality of the foregoing, Agent shall have the power to arrange for the transfer, upon or at any time after the occurrence of an Event of Default, of any of the Pledged Collateral on the books of Company to the name of Agent or Agent's nominee. Pledgor agrees to indemnify and save Agent and Lenders harmless from and against any liability or damage which Agent or any Lender may suffer or incur, in the exercise or performance of any of Agent's powers and duties specifically set forth herein.
Agent Appointed Attorney in-Fact and Proxy. The Pledgor hereby irrevocably constitutes and appoints the Agent and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact and proxy with full irrevocable power and authority in the place and stead of the Pledgor and in the name of the Pledgor or in its own name, from time to time in the Agent’s discretion upon the occurrence and during the continuance of any Event of Default, for the purpose of carrying out the terms of this Agreement, to take any and all appropriate action and to execute and deliver any and all documents and instruments which the Agent may deem necessary or advisable to accomplish the purposes of this Agreement, including, without limitation, to receive, indorse and collect all instruments made payable to the Pledgor representing any dividend or other distribution or payment in respect of the Pledged Collateral or any part thereof and to give full discharge of the same and to vote or grant any consent in respect of the Pledged Shares authorized by Section 6(b) hereof; provided, however, that the Agent will forbear from exercising the power of attorney or any of the rights granted to the Agent pursuant to this Section 8 unless and until the Agent shall have requested that Pledgor take such action, and Pledgor shall have failed to take such action within five (5) days of its receipt of such request. The Pledgor hereby ratifies, to the extent permitted by law, all that any said attorney shall lawfully do or cause to be done by virtue hereof. This power, being coupled with an interest, is irrevocable until the Obligations are paid in full and all commitments under the Credit Agreement and the Loan Documents have terminated.
