Common use of Lender’s Appointment as Attorney-in-Fact Clause in Contracts

Lender’s Appointment as Attorney-in-Fact. (a) The Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the Borrower and in the name of the Borrower or in its own name, from time to time in the Lender's discretion, for the purpose of carrying out the terms of this Loan Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Loan Agreement, and, without limiting the generality of the foregoing, the Borrower hereby gives the Lender the power and right, on behalf of the Borrower, without assent by, but with notice to, the Borrower, if an Event of Default shall have occurred and be continuing, to do the following:

Appears in 16 contracts

Samples: Security Agreement (New Century Financial Corp), Master Loan and Security Agreement (New Century Financial Corp), Warehouse and Security Agreement (CNL American Properties Fund Inc)

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Lender’s Appointment as Attorney-in-Fact. (a) The Each Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the such Borrower and in the name of the such Borrower or in its own name, from time to time in the Lender's discretion, for the purpose of carrying out the terms of this Loan Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Loan Agreement, and, without limiting the generality of the foregoing, the each Borrower hereby gives the Lender the power and right, on behalf of the such Borrower, without assent by, but with notice to, the such Borrower, if an Event of Default shall have occurred and be continuing, to do the following:

Appears in 4 contracts

Samples: Master Loan and Security Agreement (Aames Financial Corp/De), Master Loan and Security Agreement (American Home Mortgage Holdings Inc), Master Loan and Security Agreement (New York Mortgage Trust Inc)

Lender’s Appointment as Attorney-in-Fact. (a) The Each Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact attorney‑in‑fact with full irrevocable power and authority in the place and stead of the Borrower such Borrower, as applicable, and in the name of the Borrower such Borrower, as applicable, or in its own name, from time to time in the Lender's ’s discretion, for the purpose of carrying out the terms of this Loan Agreement, Agreement and to take any and all appropriate action and to execute any and all documents and instruments which may be reasonably necessary or desirable to accomplish the purposes of this Loan Agreement, andin each case, without subject to the terms of this Agreement. Without limiting the generality of the foregoing, the Borrower Borrowers hereby gives the give Lender the power and right, on behalf of the Borrowersuch Borrower Party, as applicable, without assent by, but with notice to, the such Borrower, as applicable, if an Event of Default shall have occurred and be continuingoccurred, to do the following:

Appears in 3 contracts

Samples: Loan and Security Agreement (Altisource Residential Corp), Loan and Security Agreement (Front Yard Residential Corp), Loan and Security Agreement (Altisource Residential Corp)

Lender’s Appointment as Attorney-in-Fact. (a) The Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the Borrower and in the name of the Borrower or in its own name, from time to time in the Lender's discretion, for the purpose of carrying out the terms of this Loan Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Loan Agreement, and, without limiting the generality of the foregoing, the Borrower hereby gives the Lender the power and right, on behalf of the Borrower, without assent by, but with notice to, the Borrower, if an Event of Default shall have occurred and be continuing, to do the following:

Appears in 2 contracts

Samples: Master Loan and Security Agreement (Capital Trust), Loan Agreement (Capital Trust Inc)

Lender’s Appointment as Attorney-in-Fact. (a) The Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the Borrower and in the name of the Borrower or in its own name, from time to time in the Lender's discretion, for the purpose of carrying out the terms of this Loan Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Loan Agreement, and, without . Without limiting the generality of the foregoing, the Borrower hereby gives the Lender the power and right, on behalf of the Borrower, without assent by, but with notice to, the Borrower, if and only if an Event of Default shall have occurred and be continuing, to do the following:

Appears in 1 contract

Samples: Loan Agreement (American Business Financial Services Inc /De/)

Lender’s Appointment as Attorney-in-Fact. (a) The Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the Borrower and in the name of the Borrower or in its own name, from time to time in the Lender's ’s discretion, for the purpose of carrying out the terms of this Loan Agreement, to take any and all appropriate action and to execute any and all documents and instruments related to the Collateral which may be necessary or desirable to accomplish the purposes of this Loan Agreement, and, without limiting the generality of the foregoing, the Borrower hereby gives the Lender the power and right, on behalf of the Borrower, without assent by, but with notice to, by the Borrower, if an Event of Default shall have occurred and be continuing, to do the following:

Appears in 1 contract

Samples: Loan and Security Agreement (Medallion Financial Corp)

Lender’s Appointment as Attorney-in-Fact. (a) The Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the Borrower and in the name of the Borrower or in its own name, from time to time in if and only following the Lender's discretionoccurrence of an Event of Default, for the purpose of carrying out the terms of this Loan Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Loan Agreement, and, without limiting the generality of the foregoing, the Borrower hereby gives the Lender the power and right, on behalf of the Borrower, without assent by, but with notice to, the Borrower, if and only following the occurrence of an Event of Default shall have occurred and be continuingDefault, to do the following:

Appears in 1 contract

Samples: Custodial Agreement (Source One Mortgage Services Corp)

Lender’s Appointment as Attorney-in-Fact. (a) The Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the Borrower and in the name of the Borrower or in its own name, from time to time in following the Lender's discretion, for occurrence and during the purpose continuance of carrying out the terms an Event of this Loan Agreement, Default to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Loan Agreement, and, without limiting the generality of the foregoing, the Borrower hereby gives the Lender the power and right, on behalf of the Borrower, without assent by, but with notice to, the Borrower, if an Event of Default shall have occurred and be continuing, to do the following:

Appears in 1 contract

Samples: Security Agreement (Ares Commercial Real Estate Corp)

Lender’s Appointment as Attorney-in-Fact. (a) The Each Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the such Borrower and in the name of the such Borrower or in its own name, from time to time in the Lender's discretion, for the purpose of carrying out the terms of this Loan Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Loan Agreement, and, without limiting the generality of the foregoing, the each Borrower hereby gives the Lender the power and right, on behalf of the Borrower, without assent by, but with notice to, the Borrower, if an Event of Default shall have occurred and be continuing, to do the following:

Appears in 1 contract

Samples: Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc)

Lender’s Appointment as Attorney-in-Fact. (a) The Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, thereof with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the Borrower and in the name of the Borrower or in its own name, from time to time in the Lender's ’s discretion, for the purpose of carrying out the terms of this Loan Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Loan Agreement, and, without limiting the generality of the foregoing, the Borrower hereby gives the Lender the power and right, on behalf of the Borrower, without assent by, but with notice to, the Borrower, if an Event of Default shall have occurred and be continuing, to do the following:

Appears in 1 contract

Samples: Reo Subsidiary Pledge Agreement (New Century Financial Corp)

Lender’s Appointment as Attorney-in-Fact. (a) The Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the Borrower and in the name of the Borrower or in its own name, from time to time in the Lender's discretion, for the purpose of carrying out the terms of this Loan Agreement, to take any and all appropriate action and to execute any and all documents and instruments related to the Collateral which may be necessary or desirable to accomplish the purposes of this Loan Agreement, and, without limiting the generality of the foregoing, the Borrower hereby gives the Lender the power and right, on behalf of the Borrower, without assent by, but with notice to, by the Borrower, if an Event of Default shall have occurred and be continuing, to do the following:

Appears in 1 contract

Samples: Loan and Security Agreement (Medallion Financial Corp)

Lender’s Appointment as Attorney-in-Fact. (a) The Borrower hereby irrevocably constitutes and appoints the Lender and Lenderand any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the Borrower and in the name of the Borrower or in its own name, from time to time in the Lender's ’s discretion, for the purpose of carrying out the terms of this Loan Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Loan Agreement, and, without limiting the generality of the foregoing, the Borrower hereby gives the Lender the power and right, on behalf of the Borrower, without assent by, but with notice to, the Borrower, if an Event of Default shall have occurred and be continuing, to do the following:

Appears in 1 contract

Samples: Master Loan and Security Agreement (Aames Financial Corp/De)

Lender’s Appointment as Attorney-in-Fact. (a) The Each Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the such Borrower and in the name of the such Borrower or in its own name, from time to time in the Lender's discretion, for the purpose of carrying out the terms of this Loan Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary necessary, desirable or desirable required to be delivered hereunder to accomplish the purposes of this Loan Agreement, and. In addition, without limiting the generality of the foregoing, the each Borrower hereby gives the Lender the power and right, on behalf of the such Borrower, without assent by, but with notice to, the BorrowerBorrowers, if an Event of Default shall have occurred and be continuing, to do the following:

Appears in 1 contract

Samples: Master Loan and Security Agreement (American Business Financial Services Inc /De/)

Lender’s Appointment as Attorney-in-Fact. (a) The Each Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the related Borrower and in the name of the such Borrower or in its own name, from time to time in the Lender's ’s discretion, for the purpose of carrying out the terms of this Loan Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Loan Agreement, and, without limiting the generality of the foregoing, the such Borrower hereby gives the Lender the power and right, on behalf of the Borrower, without assent by, but with notice to, the such Borrower, if an Event of Default shall have occurred and be continuing, to do the following:

Appears in 1 contract

Samples: Master Loan and Security Agreement (Aames Investment Corp)

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Lender’s Appointment as Attorney-in-Fact. (a) The Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the Borrower and in the name of the Borrower or in its own name, from time to time in the Lender's discretion, for the purpose of carrying out the terms of this Loan Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Loan Agreement, for the benefit of both Lender and Bank, and, without limiting the generality of the foregoing, the Borrower hereby gives the Lender (on its own behalf and on behalf of Bank) the power and right, on behalf of the Borrower, without assent by, but with notice toto (if permitted by law), the Borrower, if an Event of Default shall have occurred and be continuing, to do the following:

Appears in 1 contract

Samples: Credit Agreement (Capital Trust Inc)

Lender’s Appointment as Attorney-in-Fact. (a) The Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the Borrower and in the name of the Borrower or in its own name, from time to time in the Lender's ’s discretion, for the purpose of carrying out the terms of this Loan Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Loan Agreement, and, without limiting the generality of the foregoing, the Borrower hereby gives the Lender the power and right, on behalf of the Borrower, without assent by, but with notice to, to the Borrower, if an Event of Default shall have occurred and be continuing, to do the following:

Appears in 1 contract

Samples: Master Loan and Security Agreement (New Century Financial Corp)

Lender’s Appointment as Attorney-in-Fact. (a) The Each Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the such Borrower and in the name of the such Borrower or in its own name, from time to time in the Lender's discretion, for the purpose of carrying out the terms of this Loan Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be reasonably necessary or desirable to accomplish the purposes of this Loan Agreement, and, without limiting the generality of the foregoing, the each Borrower hereby gives the Lender the power and right, on behalf of the each Borrower, as applicable, without assent by, but with notice to, the such Borrower, if an Event of Default shall have occurred and be continuing, to do the following:

Appears in 1 contract

Samples: Master Loan and Security Agreement (Advanta Corp)

Lender’s Appointment as Attorney-in-Fact. (a) The Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the Borrower and in the name of the Borrower or in its own name, from time to time in the Lender's ’s discretion, for the purpose of carrying out the terms of this Loan Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Loan Agreement, and, without limiting the generality of the foregoing, the Borrower hereby gives the Lender the power and right, on behalf of the Borrower, without assent by, but with notice to, the Borrower, if an Event of Default shall have occurred and be continuing, to do the following:

Appears in 1 contract

Samples: Master Loan and Security Agreement (New Century Financial Corp)

Lender’s Appointment as Attorney-in-Fact. (a) The Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the Borrower and in the name of the Borrower or in its own name, from time to time in the Lender's discretion, for the purpose of carrying out the terms of this Loan Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Loan Agreement, and, without limiting the generality of the foregoing, the Borrower hereby gives the Lender the power and right, on behalf of the Borrower, without assent by, but with notice to, the Borrower, if and only if an Event of Default shall have occurred and be continuing, to do the following:

Appears in 1 contract

Samples: Administration Agreement (American Business Financial Services Inc /De/)

Lender’s Appointment as Attorney-in-Fact. (a) The Each Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the such Borrower and in the name of the such Borrower or in its own name, from time to time in the Lender's ’s discretion, for the purpose of carrying out the terms of this Loan Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Loan Agreement, and, without limiting the generality of the foregoing, the each Borrower hereby gives the Lender the power and right, on behalf of the such Borrower, without assent by, but with notice to, the such Borrower, if an Event of Default shall have occurred and be continuing, to do the following:

Appears in 1 contract

Samples: Master Loan and Security Agreement (Aames Investment Corp)

Lender’s Appointment as Attorney-in-Fact. (a) The Borrower Borrowers hereby irrevocably constitutes constitute and appoints the appoint Lender and any officer or agent thereof, with full power of substitution, as its their true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the Borrower Borrowers and in the name of the Borrower Borrowers or in its own name, from time to time in the Lender's discretion, for the purpose of carrying out the terms of this Loan Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Loan Agreement, and, without limiting the generality of the foregoing, the Borrower Borrowers hereby gives the give Lender the power and right, on behalf of the BorrowerBorrowers, without assent by, but with notice to, the BorrowerBorrowers, if an Event of Default shall have occurred and be continuing, to do the following:

Appears in 1 contract

Samples: Master Loan and Security Agreement (Capital Trust Inc)

Lender’s Appointment as Attorney-in-Fact. (a) The Each Borrower hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the such Borrower and in the name of the such Borrower or in its own name, from time to time in the Lender's discretion, for the purpose of carrying out the terms of this Loan Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Loan Agreement, and, without limiting the generality of the foregoing, the such Borrower hereby gives the Lender the power and right, on behalf of the such Borrower, without assent by, but with notice to, the to such Borrower, if an Event of Default shall have occurred and be continuing, to do the following:

Appears in 1 contract

Samples: Master Loan and Security Agreement (New Century Financial Corp)

Lender’s Appointment as Attorney-in-Fact. (a) The Borrower Each of the Borrowers hereby irrevocably constitutes and appoints the Lender and any officer or agent thereof, with full power of substitution, as its true and lawful attorney-in-fact with full irrevocable power and authority in the place and stead of the such Borrower and in the name of the such Borrower or in its own name, from time to time in the Lender's discretion, for the purpose of carrying out the terms of this Loan Agreement, to take any and all appropriate action and to execute any and all documents and instruments which may be necessary or desirable to accomplish the purposes of this Loan Agreement, and, without limiting the generality of the foregoing, the such Borrower hereby gives the Lender the power and right, on behalf of the such Borrower, without assent by, but with notice to, the such Borrower, if an Event of Default shall have occurred and be continuing, to do the following:

Appears in 1 contract

Samples: Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc)

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