Common use of Appointment and Designation of the Collection Agent Clause in Contracts

Appointment and Designation of the Collection Agent. The Transferor and the Company may, from time to time, appoint one or more Persons, as the Collection Agent of the Company to service, administer and collect the Receivables and otherwise to enforce its rights and interests in, to and under the Receivables, the Related Security and the Contracts. The Collection Agent’s authorization under this Agreement shall terminate on the Collection Date. Until the Company, with the consent of the Administrative Agent as its assignee, gives notice to the Transferor of a designation of a new Collection Agent after the occurrence and during the continuance of a Servicer Termination Event, Professional Services is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. The Transferor, the Company and the Collection Agent may from time to time agree in any collection agency or services agreement among them on the allocation of servicing duties to be performed by the Collection Agent. Notwithstanding the foregoing, the Company may (with the approval of the Administrative Agent, as its assignee, and the Managing Agents), after the occurrence and during the continuance of a Servicer Termination Event, designate as Collection Agent any Person to succeed Professional Services or any successor Collection Agent, on the condition in each case that any such Person so designated shall agree to perform the duties and obligations of the Collection Agent pursuant to the terms hereof and of the Sale Agreement and the Loan Agreement and in accordance with applicable Healthcare Laws. The Transferor hereby grants to the Collection Agent and any successor Collection Agent, and the Collection Agent hereby grants to any successor Collection Agent, an irrevocable power of attorney, with full power of substitution, coupled with an interest, to take any and all steps in the Transferor’s or the Collection Agent’s name, as applicable, and on behalf of the Company, as may be necessary or desirable, in the determination of the Collection Agent or the successor Collection Agent, as the case may be, to collect all amounts due under any and all Receivables, including endorsing the Transferor’s name on checks and other instruments representing Collections and enforcing such Receivables and the related Contracts. The Collection Agent may subcontract the performance of its duties and obligations to a third Person with the prior consent of the Company, including with respect to Collection Agency Receivables. Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall automatically terminate upon designation of a successor Collection Agent. Notwithstanding anything to the contrary contained in this Agreement, the Collection Agent, if not the Transferor or an Affiliate thereof, shall have no obligation to collect, enforce or take any other action described in this Article VI with respect to any Receivable that is not a Transferred Receivable other than to deliver to the Transferor or at its direction, the Collections and documents with respect to any such Receivable that is not a Transferred Property as described in Sections 6.03 and 6.07.

Appointment and Designation of the Collection Agent. The Transferor Authorized Representative and the Company Buyer may, from time to time, appoint one or more Persons, Persons as the Collection Agent of the Company Buyer to service, administer and collect the Receivables and otherwise to enforce its rights and interests in, to and under the Receivables, the Related Security and the Contracts. The Collection Agent’s authorization under this Agreement shall terminate on the Collection Date. Until the CompanyBuyer, with the consent of the Administrative Agent as its assignee, gives notice to the Transferor Authorized Representative of a designation of a new Collection Agent after the occurrence and during the continuance of a Servicer Termination Event, Professional Services is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. The TransferorAuthorized Representative, the Company Buyer and the Collection Agent may from time to time agree in any collection agency or services agreement among them on the allocation of servicing duties to be performed by the Collection Agent. Notwithstanding the foregoing, the Company Buyer may (with the approval of the Administrative Agent, as its assignee, and the Managing Agents), after the occurrence and during the continuance of a Servicer Termination Event, designate as Collection Agent any Person to succeed Professional Services or any successor Collection Agent, on the condition in each case that any such Person so designated shall agree to perform the duties and obligations of the Collection Agent pursuant to the terms hereof and of the Sale Contribution Agreement and the Loan Agreement and in accordance with applicable Healthcare Laws. The Transferor Each of the Originators hereby grants to the Collection Agent and any successor Collection Agent, and the Collection Agent hereby grants to any successor Collection Agent, an irrevocable power of attorney, with full power of substitution, coupled with an interest, to take any and all steps in the Transferorany Originator’s or the Collection Agent’s name, as applicable, and on behalf of the CompanyBuyer, as may be necessary or desirable, in the determination of the Collection Agent or the successor Collection Agent, as the case may be, to collect all amounts due under any and all Receivables, including endorsing the Transferorsuch Originator’s name on checks and other instruments representing Collections and enforcing such Receivables and the related Contracts. The Collection Agent may subcontract the performance of its duties and obligations to a third Person with the prior consent of the CompanyBuyer, including with respect to Collection Agency Receivables. Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall automatically terminate upon designation of a successor Collection Agent. Notwithstanding anything to the contrary contained in this Agreement, the Collection Agent, if not the Transferor an Originator or an Affiliate thereof, shall have no obligation to collect, enforce or take any other action described in this Article VI with respect to any Receivable that is not a Transferred Purchased Receivable other than to deliver to the Transferor Authorized Representative or at its direction, the Collections and documents with respect to any such Receivable that is not a Transferred Purchased Property as described in Sections 6.03 and 6.07.

Appointment and Designation of the Collection Agent. The Transferor and the Company Borrower may, from time to time, with the consent of the Administrative Agent, appoint one or more Persons, Persons as the Collection Agent of the Company Borrower to service, administer and collect the Receivables and otherwise to enforce its rights and interests in, to and under the Collateral, including the Receivables, the Related Security and the Contracts. Any such consent by the Administrative Agent shall be subject to the approval of the Managing Agents pursuant to this Section 6.01. The Collection Agent’s authorization under this Agreement shall terminate on the Collection Date. Until the Company, with the consent of the Administrative Agent as its assignee, gives notice to the Transferor Borrower of a designation of a new Collection Agent after the occurrence and during the continuance of a Servicer Termination Event, or consents to the appointment by the Borrower of a new “Collection Agent” under and pursuant to the Sale Agreement, the Contribution Agreement and this Agreement, Professional Services is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. The Transferor, the Company Borrower and the Collection Agent may from time to time agree in any collection agency or services agreement among them on the allocation of servicing duties to be performed by the Collection Agent. Notwithstanding the foregoing, the Company Administrative Agent may (with the approval of the Administrative Agent, as its assignee, and the Managing Agents), after the occurrence and during the continuance of a Servicer Termination Event, designate as Collection Agent any Person to succeed Professional Services or any successor Collection Agent, on the condition in each case that any such Person so designated shall agree to perform the duties and obligations of the Collection Agent collection agent pursuant to the terms hereof and of the Sale Agreement and the Loan Agreement and in accordance with applicable Healthcare Laws. The Transferor Borrower hereby grants to the Collection Agent and any successor Collection Agent, and the Collection Agent hereby grants to any successor Collection Agent, an irrevocable power of attorney, with full power of substitution, coupled with an interest, to take any and all steps in the TransferorBorrower’s or the Collection Agent’s name, as applicable, and on behalf of the CompanyBorrower or the Administrative Agent, as may be necessary or desirable, in the determination of the Collection Agent or the successor Collection Agent, as the case may be, to collect all amounts due under any and all Receivables, including endorsing the TransferorBorrower’s name on checks and other instruments representing Collections and enforcing such Receivables and the related Contracts. The Collection Agent may subcontract the performance of its duties and obligations to a third Person with the prior consent of the Companyeach Managing Agent, including with respect to Collection Agency Receivables. Any such subcontract shall not affect the Collection Agent’s liability for performance of its duties and obligations pursuant to the terms hereof, and any such subcontract shall automatically terminate upon designation of a successor Collection Agent. Notwithstanding anything to the contrary contained in this Agreement, the Collection Agent, if not the Transferor Borrower or an Affiliate thereof, shall have no obligation to collect, enforce or take any other action described in this Article VI with respect to any Receivable that is not a Transferred Pledged Receivable other than to deliver to the Transferor Borrower or at its direction, the Collections and documents with respect to any such Receivable that is not a Transferred Property Pledged Receivable as described in Sections 6.03 and 6.07.

Appointment and Designation of the Collection Agent. The Transferor Seller, the Purchaser and the Company may, Deal Agent hereby appoint the Person (the "Collection Agent") designated by the Deal Agent from time to time, appoint one or more Personstime with the approval of the Purchaser pursuant to this Section 6.01, as the Collection Agent of the Company their agent to service, administer and collect the Receivables and otherwise to enforce its their respective rights and interests in, to and under the Receivables, the Related Security and the Contracts. The Collection Agent’s 's authorization under this Agreement shall terminate on the Collection Date. Until the Company, with the consent of the Administrative Deal Agent as its assignee, gives notice to the Transferor Seller of a designation of a new Collection Agent after the occurrence and during the continuance of a Servicer Collection Agent Termination Event, Professional Services or consents to the appointment by the Seller of a new "Collection Agent" under and pursuant to the Originator Sale Agreement, Synthetic is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. The Transferor, the Company and the Collection Deal Agent may from time to time agree in any collection agency or services agreement among them on the allocation of servicing duties to be performed by the Collection Agent. Notwithstanding the foregoing, the Company may (with the approval of the Administrative Agent, as its assignee, and the Managing Agents), Purchaser after the occurrence and during the continuance of a Servicer Collection Agent Termination Event, ) designate as Collection Agent any Person to succeed Professional Services Synthetic or any successor Collection Agent, on the condition in each case that any such Person so designated shall agree to perform the duties and obligations of the Collection Agent pursuant to the terms hereof and hereof. Each of the Sale Agreement and the Loan Agreement and in accordance with applicable Healthcare Laws. The Transferor hereby grants to the Collection Agent and any successor Collection Agent, Seller and the Collection Agent hereby grants to any successor Collection Agent, Agent an irrevocable power of attorney, with full power of substitution, coupled with an interest, attorney to take any and all steps in the Transferor’s Seller's or the Collection Agent’s 's name, as applicable, and on behalf of the CompanySeller or the Purchaser, as may be necessary or desirable, in the determination of the Collection Agent or the successor Collection Agent, as the case may be, to collect all amounts due under any and all Receivables, including including, without limitation, endorsing the Transferor’s Seller's name on checks and other instruments representing Collections and enforcing such Receivables and the related Contracts. The Collection Agent may subcontract the performance of its duties and obligations to a third Person may, with the prior consent of the CompanyDeal Agent, including subcontract with respect to Collection Agency any other Person for servicing, administering or collecting the Receivables. Any such subcontract shall not affect , provided that the Collection Agent’s liability Agent shall remain liable for the performance of its the duties and obligations of the Collection Agent pursuant to the terms hereof, and any such subcontract shall automatically terminate upon designation of a successor Collection Agent. Notwithstanding anything to the contrary contained in this Agreement, the Collection Agent, if not the Transferor Seller or an Affiliate thereof, shall have no obligation to collect, enforce or take any other action described in this Article VI with respect to any Receivable that is not a Transferred Purchased Receivable other than to deliver to the Transferor or at its direction, Seller the Collections and documents with respect to any such Receivable that is not a Transferred Property Purchased Receivable as described in Sections 6.03 and 6.076.06(b).

Appointment and Designation of the Collection Agent. The Transferor Originator and the Company may, Buyer hereby appoint the Person (the "Collection Agent") designated by the Buyer from time to time, appoint one or more Personstime pursuant to this Section 6.01, as the Collection Agent of the Company Buyer's agent to service, administer and collect the Receivables and otherwise to enforce its rights and interests in, to and under the Receivables, the Related Security and the Contracts. The Collection Agent’s 's authorization under this Agreement shall terminate on the Collection Date. Until the Company, with the consent of the Administrative Agent as its assignee, Buyer gives notice to the Transferor Originator of a designation of a new Collection Agent after the occurrence and during the continuance of a Servicer Termination EventAgent, Professional Services Synthetic is hereby designated as, and hereby agrees to perform the duties and obligations of, the Collection Agent pursuant to the terms hereof. The Transferor, the Company and the Collection Agent Buyer may from time to time agree in any collection agency or services agreement among them on the allocation of servicing duties to be performed by the Collection Agent. Notwithstanding the foregoing, the Company may (with the approval of the Administrative Agent, as its assignee, and the Managing Agents), after the occurrence and during the continuance of a Servicer Termination Event, designate as Collection Agent any Person to succeed Professional Services Synthetic or any successor Collection Agent, on the condition in each case that any such Person so designated shall agree to perform the duties and obligations of the Collection Agent pursuant to the terms hereof and of the Sale Agreement and Receivables Purchase Agreement. Each of the Loan Agreement and in accordance with applicable Healthcare Laws. The Transferor hereby grants to the Collection Agent and any successor Collection Agent, Originator and the Collection Agent hereby grants to any successor Collection Agent, Agent an irrevocable power of attorney, with full power of substitution, coupled with an interest, attorney to take any and all steps in the Transferor’s Originator's or the Collection Agent’s 's name, as applicable, and on behalf of the CompanyBuyer, as may be necessary or desirable, in the determination of the Collection Agent or the successor Collection Agent, as the case may be, to collect all amounts due under any and all Receivables, including including, without limitation, endorsing the Transferor’s Originator's name on checks and other instruments representing Collections and enforcing such Receivables and the related Contracts. The Collection Agent may subcontract the performance of its duties and obligations to a third Person may, with the prior consent of the CompanyBuyer, including subcontract with respect to Collection Agency any other Person for servicing, administering or collecting the Receivables. Any such subcontract shall not affect , provided that the Collection Agent’s liability Agent shall remain liable for the performance of its the duties and obligations of the Collection Agent pursuant to the terms hereof, and any such subcontract shall automatically terminate upon designation of a successor Collection Agent. Notwithstanding anything to the contrary contained in this Agreement, the Collection Agent, if not the Transferor Synthetic or an Affiliate thereof, shall have no obligation to collect, enforce or take any other action described in this Article VI with respect to any Receivable that is not a Transferred Receivable Asset other than to deliver to the Transferor or at its direction, Originator the Collections and documents with respect to any such Receivable that is not a Transferred Property Asset as described in Sections 6.03 and 6.076.06(b). The Collection Agent hereunder acknowledges and agrees that the Collection Agent Fee paid under the Receivables Purchase Agreement shall constitute the consideration for its performance of services as Collection Agent hereunder.