Common use of Appointment of Attorney-in-Fact Clause in Contracts

Appointment of Attorney-in-Fact. Each Borrower hereby constitutes and appoints Lender as such Borrower's attorney-in-fact with full authority in the place and stead of such Borrower and in the name of such Borrower, Lender or otherwise, from time to time in Lender's discretion after the occurrence and during the continuance of an Event of Default 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, sue for, recover, compound, receive and give acquittance and receipt▇ ▇or moneys due and to become due under or in respect of any of the Collateral; (b) if the Obligations shall have been accelerated, to adjust, settle or compromise the amount or payment of any Contract, or release wholly or partly any Contract Obligor or other applicable Contract Rights Payor 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; (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; (f) prepare, file and sign such Borrower's name on any proof of claim in bankruptcy or similar document against any Contract Obligor or other Contract Rights Payor;

Appointment of Attorney-in-Fact. Each Without limiting the provisions of Section 2.8(C) above, Borrower hereby irrevocably makes, constitutes and appoints each of the officers of Lender as such Borrower's or its representatives the true and lawful attorney and attorney-in-fact for Borrower (without requiring any of them to act as such) with full authority in the place and stead power of such Borrower and in the name of such Borrower, Lender or otherwise, substitution from time to time in Lender's ’s discretion after the occurrence and during the continuance of 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, sue ▇▇▇ for, recover, compound, receive and give acquittance acquaintance and receipt▇ ▇or receipts for moneys due and to become due under or in respect of any of the Collateral; (b) if the Obligations shall have been accelerated, to adjust, settle or compromise the amount or payment of any ContractAccount, or release wholly or partly any Contract Obligor customer or other applicable Contract Rights Payor obligor thereunder or allow any credit or discount thereon; (c) to receive, endorse, and collect any drafts or other instrumentsInstruments, documents Documents and chattel paperChattel 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; (f) prepare, file . This power of attorney is coupled with an interest and sign such Borrower's name on any proof is irrevocable until payment in full and complete performance of claim in bankruptcy or similar document against any Contract Obligor or other Contract Rights Payor;all of the Obligations and termination of this Agreement.

Appointment of Attorney-in-Fact. Each Without limiting the provisions of Section 2.8(C) above, Borrower hereby irrevocably makes, constitutes and appoints each of the officers of Lender as such Borrower's or its representatives the true and lawful attorney and attorney-in-fact for Borrower (without requiring any of them to act as such) with full authority in the place and stead power of such Borrower and in the name of such Borrower, Lender or otherwise, substitution from time to time in Lender's ’s discretion after the occurrence and during the continuance of 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, sue ▇▇▇ for, recover, compound, receive and give acquittance acquaintance and receipt▇ ▇or receipts for moneys due and to become due under or in respect of any of the Collateral; (b) if the Obligations shall have been accelerated, to adjust, settle or compromise the amount or payment of any ContractAccount, or release wholly or partly any Contract Obligor Account Debtor or other applicable Contract Rights Payor obligor thereunder or allow any credit or discount thereon; (c) to receive, endorse, and collect any drafts or other instrumentsInstruments, documents Documents and chattel paperChattel 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; (f) prepare, file . This power of attorney is coupled with an interest and sign such Borrower's name on any proof is irrevocable until payment in full and complete performance of claim in bankruptcy or similar document against any Contract Obligor or other Contract Rights Payor;all of the Obligations and termination of this Agreement.

Appointment of Attorney-in-Fact. Each Borrower Without limiting the provisions of Section 2.7(E) above, each Loan Party hereby irrevocably makes, constitutes and appoints each of the officers of Lender as such Borrower's or its representatives the true and lawful attorney and attorney-in-fact for such Loan Party (without requiring any of them to act as such) with full authority in the place and stead power of such Borrower and in the name of such Borrower, Lender or otherwise, substitution from time to time in Lender's ’s discretion after the occurrence and during the continuance of 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, sue ▇▇▇ for, recover, compound, receive and give acquittance acquaintance and receipt▇ ▇or receipts for moneys due and to become due under or in respect of any of the Collateral; (b) if the Obligations shall have been accelerated, to adjust, settle or compromise the amount or payment of any ContractAccount, or release wholly or partly any Contract Obligor customer or other applicable Contract Rights Payor obligor thereunder or allow any credit or discount thereon; (c) to receive, endorse, and collect any drafts or other instrumentsInstruments, documents Documents and chattel paperChattel 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; (f) prepare, file . This power of attorney is coupled with an interest and sign such Borrower's name on any proof is irrevocable until payment in full and complete performance of claim in bankruptcy or similar document against any Contract Obligor or other Contract Rights Payor;all of the Obligations and termination of this Agreement.

Appointment of Attorney-in-Fact. Each Borrower and its Subsidiaries hereby constitutes constitute and appoints appoint Lender as such Borrower's and its Subsidiaries' attorney-in-fact with full authority in the place and stead of such Borrower and its Subsidiaries and in the name of such BorrowerBorrower and its Subsidiaries, Lender or otherwise, from time to time in Lender's discretion after the occurrence and during the continuance of 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, sue ▇▇▇ for, recover, compound, receive and give acquittance and receipt▇ ▇or receipts for moneys due and to become due under or in respect of any of the Collateral; (b) if the Obligations shall have been accelerated, to adjust, settle or compromise the amount or payment of any ContractAccount, or release wholly or partly any Contract Obligor customer or other applicable Contract Rights Payor 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; (f) prepare, file and sign such . The appointment of Lender as Borrower's name on any proof and its Subsidiaries' attorney and Lender's rights and powers are coupled with an interest and are irrevocable until payment in full and complete performance of claim in bankruptcy or similar document against any Contract Obligor or other Contract Rights Payor;all of the Obligations.

Appointment of Attorney-in-Fact. Each Borrower The Company hereby constitutes and appoints Lender Purchaser as such Borrowerthe Company's and each Subsidiary's attorney-in-fact with full authority in the place and stead of such Borrower the Company or each Subsidiary and in the name of such Borrowerthe Company or each Subsidiary, Lender Purchaser or otherwise, from time to time in LenderPurchaser's discretion after the occurrence and during the continuance of an Event of Default to take any action and to execute any instrument that Lender Purchaser may deem reasonably necessary or advisable to accomplish the purposes of this Agreement, including: , if an Event of Default shall exist, (a) to ask, demand, collect, sue ▇▇▇ for, recover, compound, receive and give acquittance and receipt▇ ▇or receipts for moneys due and to become due under or in respect of any of the Collateral; (b) if the Obligations shall have been accelerated, to adjust, settle or compromise the amount or payment of any ContractAccount, or release wholly or partly any Contract Obligor customer or other applicable Contract Rights Payor 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 Purchaser may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of Lender Purchaser 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 Purchaser as the Company's and each Subsidiary's attorney and Purchaser's rights and powers are coupled with an interest and are irrevocable until payment in full and complete performance of all of the Obligations (f) prepare, file and sign such Borrower's name on any proof of claim in bankruptcy or similar document against any Contract Obligor or other Contract Rights Payor;than the Warrant).

Appointment of Attorney-in-Fact. Each Borrower Loan Party hereby ------------------------------- constitutes and appoints Lender Agent as such BorrowerLoan Party's attorney-in-fact with full authority in the place and stead of such Borrower Loan Party and in the name of such BorrowerLoan Party, Lender Agent or otherwise, from time to time in LenderAgent's discretion after the occurrence and during the continuance of while an Event of Default is continuing (except in the case of clause (c) below as to which no Event of Default must be continuing) to take any action and to execute any instrument that Lender Agent may deem necessary or advisable to accomplish the purposes of this Agreement, including: (a) to ask, demand, collect, sue ▇▇▇ for, recover, compound, receive and give acquittance and receipt▇ ▇or receipts for moneys due and to become due under or in respect of any of the Collateral; (b) if the Obligations shall have been accelerated, to adjust, settle or compromise the amount or payment of any ContractAccount, or release wholly or partly any Contract Obligor customer or other applicable Contract Rights Payor 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 Agent may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of Lender Agent and Lenders 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; (f) prepare, file . The appointment of Agent as such Loan Party's -attorney and sign such BorrowerAgent's name on any proof rights and powers are coupled with an interest and are irrevocable until payment in full and complete performance of claim in bankruptcy or similar document against any Contract Obligor or other Contract Rights Payor;all of the Obligations.

Appointment of Attorney-in-Fact. Each Effective upon the occurrence and during the continuation of an Event of Default, the Borrower and the Company hereby constitutes constitute and appoints Lender appoint the Collateral Agent as such Borrower's their attorney-in-fact with full authority in the place and stead of such the Borrower and the Company and in their name, the name of such Borrower, Lender Collateral Agent or otherwise, from time to time in Lender's the Collateral Agent’s discretion after the occurrence and during the continuance of an Event of Default to take any action and to execute any instrument that Lender the Collateral Agent may deem necessary or advisable to accomplish the purposes of this Agreement, including: (a) to ask, demand, collect, sue for, recover, compound, receive and give acquittance and receipt▇ ▇or receipts for moneys due and to become due under or in respect of any of the Collateral; (b) if the Obligations shall have been accelerated, to adjust, settle or compromise the amount or payment of any ContractAccount, or release wholly or partly any Contract Obligor customer or other applicable Contract Rights Payor 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 the Collateral Agent may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of Lender the Collateral Agent 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; (f) prepare, file . The appointment of the Collateral Agent as the Borrower’s and sign such Borrower's name on any proof the Company’s attorney and the Collateral Agent’s rights and powers are coupled with an interest and are irrevocable until no Event of claim Default shall exist or payment in bankruptcy or similar document against any Contract Obligor or other Contract Rights Payor;full and complete performance of all of the Obligations.

Appointment of Attorney-in-Fact. Each Subject to Borrower's rights and obligations with respect to the Senior Creditor, Borrower hereby constitutes and appoints Lender as such Borrower's attorney-in-fact with full authority in the place and stead of such Borrower and in the name of such Borrower, Lender or otherwise, from time to time in Lender's discretion after the occurrence and during the continuance of 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, sue ▇▇▇ for, recover, compound, receive and give acquittance and receipt▇ ▇or receipts for moneys due and to become due under or in respect of any of the Collateral; (b) if the Obligations shall have been accelerated, to adjust, settle or compromise the amount or payment of any ContractAccount, or release wholly or partly any Contract Obligor customer or other applicable Contract Rights Payor 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; (f) prepare, file and sign such . The appointment of Lender as Borrower's name on any proof attorney and Lender's rights and powers are coupled with an interest and are irrevocable until payment in full and complete performance of claim in bankruptcy or similar document against any Contract Obligor or other Contract Rights Payor;all of the Obligations.

Appointment of Attorney-in-Fact. Each Borrower hereby constitutes and appoints Lender the Collateral Agent as such Borrower's attorney-in-fact with full authority in the place and stead of such Borrower and in the name of such Borrower, Lender the Collateral Agent or otherwise, from time to time in Lenderthe Collateral Agent's discretion after the occurrence and during the continuance of while an Event of Default is continuing to take any action and to execute any instrument that Lender the Collateral Agent reasonably may deem necessary or advisable to accomplish the purposes of this Agreement, including: (a) to ask, demand, collect, sue for, recover, compound, receive and give acquittance acquaintance and receipt▇ r▇or ▇▇ipts for moneys due and to become due under or in respect of any of the Collateral; (b) if the Obligations shall have been accelerated, to adjust, settle or compromise the amount or payment of any ContractAccount, or release wholly or partly any Contract Obligor Payor or other applicable Contract Rights Payor 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 cost reports (final or interim) or take any action or institute any proceedings that Lender the Collateral Agent or the Required Lenders may deem necessary or desirable for the collection of any of the Collateral or otherwise to enforce the rights of Lender the Collateral Agent 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; (f) prepare, file and sign such . The appointment of the Collateral Agent as each Borrower's name on any proof attorney and the Collateral Agent's rights and powers are coupled with an interest and are irrevocable until payment in full and complete performance of claim in bankruptcy or similar document against any Contract Obligor or other Contract Rights Payor;all of the Obligations.