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, which the Borrower is required to do hereunder but has failed to do within the time limits required, including without limitation, to protect, preserve and realize upon the Collateral, to file such financing statements relating to the Collateral as the Lender at its option deems appropriate, 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 3 contracts

Samples: Loan and Security Agreement (General Motors Corp), Loan and Security Agreement (General Motors Corp), Loan and Security Agreement

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Lender’s Appointment as Attorney-in-Fact. (a) The Borrower Each Grantor hereby irrevocably constitutes and appoints the each 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 such Grantor and in the name of the Borrower such Grantor or in its own name, from time to time in the such Lender’s discretion, for the purpose of carrying out the terms of this Loan Agreement, 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, which the Borrower such Grantor is required to do hereunder but has failed to do so within the time limits required, including without limitation, to protect, preserve and realize upon the Collateral, to file such financing statements relating to the Collateral as the such Lender at its option deems appropriate, and, without limiting the generality of the foregoing, the Borrower such Grantor hereby gives the Lender Lenders the power and right, on behalf of the Borrowersuch Guarantor, without assent by, but with notice to, the Borrowersuch Guarantor, if an Event of Default shall have occurred and be continuing, to do the following:

Appears in 1 contract

Samples: Equity Pledge Agreement (Motors Liquidation Co)

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, if an Event of Default, shall have occurred and be continuing, 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, which the Borrower is required to do hereunder but has failed to do within the time limits required, including without limitation, to protect, preserve and realize upon the Collateral, to file such financing statements relating Agreement to the Collateral as extent such actions are permitted to be taken by the Lender at its option deems appropriateunder the Servicing Contracts, 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:following (subject to limitations contained in the Servicing Contracts):

Appears in 1 contract

Samples: Loan and Security Agreement (Residential Capital, LLC)

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's discretion and at the Borrower's expense, for the purpose of carrying out the terms of this Loan Agreement, to pay insurance in respect of, and to pay or discharge taxes and Liens levied or placed on or threatened against, the Collateral, all as fully and effectively as the Borrower might do and, if an Event of Default shall have occurred and be continuing, to take any and all other 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, which the Borrower is required to do hereunder but has failed to do within the time limits required, including without limitation, to protect, preserve and realize upon the Collateral, to file such financing statements relating to the Collateral as the Lender at its option deems appropriate, 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: Loan and Security Agreement (Dvi Inc)

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Lender’s Appointment as Attorney-in-Fact. (a) The Borrower Each Guarantor 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 such Guarantor and in the name of the Borrower such Guarantor 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, Guaranty 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 AgreementGuaranty, which the Borrower such Guarantor is required to do hereunder but has failed to do so within the time limits required, including without limitation, to protect, preserve and realize upon the Guaranty Collateral, to file such financing statements relating to the Guaranty Collateral as the Lender at its option deems appropriate, and, without limiting the generality of the foregoing, the Borrower such Guarantor hereby gives the Lender the power and right, on behalf of the Borrowersuch Guarantor, without assent by, but with notice to, the Borrowersuch Guarantor, if an a Guarantor Event of Default shall have occurred and be continuing, to do the following:

Appears in 1 contract

Samples: Guaranty and Security Agreement (General Motors Corp)

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