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

Appointment as Attorney-in-Fact. The Borrower hereby irrevocably constitutes and appoints the Agent as the Borrower’s true and lawful attorney, with full power of substitution, following the occurrence and during the continuance of an Event of Default, to convert the Collateral into cash at the sole risk, cost, and expense of the Borrower, but for the ratable benefit of the Agent. The rights and powers granted the Agent by this appointment include but are not limited to the right and power to:

Appears in 3 contracts

Samples: Loan and Security Agreement (RoomStore, Inc.), Loan and Security Agreement (RoomStore, Inc.), Loan and Security Agreement (Wild Oats Markets Inc)

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Appointment as Attorney-in-Fact. The Borrower hereby irrevocably constitutes and appoints the Agent (acting through any of its officers) as the Borrower’s 's true and lawful attorney, with full power of substitution, following the occurrence and during the continuance of an Event of Default, to convert the Collateral into cash at the sole risk, cost, and expense of the Borrower, but for the ratable sole benefit of the AgentAgent and the Revolving Credit Lenders. The rights and powers granted the Agent by this appointment include but are not limited to the right and power to:

Appears in 2 contracts

Samples: Loan and Security Agreement (Gander Mountain Co), Loan and Security Agreement (Gander Mountain Co)

Appointment as Attorney-in-Fact. The Each Borrower hereby irrevocably constitutes and appoints the Agent (acting through any of its officers) as the such Borrower’s 's true and lawful attorney, with full power of substitution, following the occurrence and during the continuance of an Event of Default, to convert the Collateral into cash at the sole risk, cost, and expense of the BorrowerBorrowers, but for the ratable sole benefit of the AgentAgent and the Revolving Credit Lenders. The rights and powers granted the Agent by this appointment include but are not limited to the right and power to:

Appears in 2 contracts

Samples: Loan and Security Agreement (Jacobson Stores Inc), Loan and Security Agreement (Jacobson Stores Inc)

Appointment as Attorney-in-Fact. The Borrower hereby irrevocably constitutes and appoints the Agent as the Borrower’s true and lawful attorney, with full power of substitution, following exercisable only after the occurrence occurrence, and during the continuance continuance, of an Event of Default, to convert the Collateral into cash at the sole risk, cost, and expense of the Borrower, but for the ratable sole benefit of the Agent. The rights and powers granted the Agent by this appointment include but are not limited to the right and power to:

Appears in 2 contracts

Samples: Loan and Security Agreement (Aeropostale Inc), Security and Guaranty Agreement (Aeropostale Inc)

Appointment as Attorney-in-Fact. The Borrower hereby irrevocably constitutes and appoints the Agent as the Borrower’s 's true and lawful attorney, with full power of substitution, following exercisable after the occurrence occurrence, and during the continuance continuance, of an Event of Default, to convert the Collateral into cash at the sole risk, cost, and expense of the Borrower, but for the ratable sole benefit of the Agent. The rights and powers granted the Agent by this such appointment include but are not limited to the right and power to:

Appears in 2 contracts

Samples: Loan and Security Agreement (Designs Inc), Loan and Security Agreement (Designs Inc)

Appointment as Attorney-in-Fact. The Borrower hereby irrevocably constitutes and appoints the Agent (acting through any of its officers) as the Borrower’s true and lawful attorney, with full power of substitution, following the occurrence and during the continuance of an Event of Default, to convert the Collateral into cash at the sole risk, cost, and expense of the Borrower, but for the ratable sole benefit of the Agent, the Revolving Credit Lenders and the Term Loan Lenders. The rights and powers granted the Agent by this appointment include but are not limited to the right and power to:

Appears in 2 contracts

Samples: Loan and Security Agreement (Gander Mountain Co), Loan and Security Agreement (Gander Mountain Co)

Appointment as Attorney-in-Fact. The Borrower hereby irrevocably constitutes and appoints the Agent as the Borrower’s true and lawful attorney, with full power of substitution, following the occurrence and during the continuance of an Event of Default, to convert the Collateral into cash at the sole risk, cost, and expense of the Borrower, but for the ratable sole benefit of the AgentAgent and the Revolving Credit Lenders. The rights and powers granted the Agent by this appointment appointment, following the occurrence and during the continuance of an Event of Default, include but are not limited to the right and power to:

Appears in 2 contracts

Samples: Loan and Security Agreement (Hastings Entertainment Inc), Loan and Security Agreement (Hastings Entertainment Inc)

Appointment as Attorney-in-Fact. The Upon the occurrence and during the continuance of any Event of Default, each Borrower hereby irrevocably constitutes and appoints the each Agent as the each Borrower’s 's true and lawful attorney, with full power of substitution, following the occurrence and during the continuance of an Event of Default, to convert the Collateral into cash at the sole risk, cost, and expense of the BorrowerBorrowers, but for the ratable sole benefit of the AgentAgents and the Lender. The rights and powers granted the Agent Agents by this the within appointment include but are not limited to the right and power to:

Appears in 1 contract

Samples: Loan and Security Agreement (Dynamics Research Corp)

Appointment as Attorney-in-Fact. The Borrower hereby irrevocably constitutes and appoints the Agent Agent, effective upon the occurrence of an Event of Default, as the Borrower’s 's true and lawful attorney, with full power of substitution, following the occurrence and during the continuance of an Event of Default, to convert the Collateral into cash at the sole risk, cost, and expense of the Borrower, but for the ratable sole benefit of the AgentAgent and the Lenders. The rights and powers granted the Agent by this the within appointment include but are not limited to the right and power to:

Appears in 1 contract

Samples: Loan and Security Agreement (Factory Card Outlet Corp)

Appointment as Attorney-in-Fact. The Borrower hereby irrevocably constitutes and appoints the Agent as the Borrower’s 's true and lawful attorney, with full power of substitution, following the occurrence and during the continuance of an Event of Default, to convert the Collateral into cash at the sole risk, cost, and expense of the Borrower, but for the ratable sole benefit of the AgentAgent and the Revolving Credit Lenders. The rights and powers granted the Agent by this appointment include but are not limited to the right and power to:

Appears in 1 contract

Samples: Loan and Security Agreement (Hastings Entertainment Inc)

Appointment as Attorney-in-Fact. The Borrower hereby irrevocably constitutes and appoints the Agent as the Borrower’s 's true and lawful attorney, with full power of substitution, following the occurrence and during the continuance of an Event of Default, to convert the Collateral into cash at the sole risk, cost, and expense of the Borrower, but for the ratable sole benefit of the Agent. The rights and powers granted the Agent by this the within appointment include but are not limited to the right and power to:

Appears in 1 contract

Samples: Loan and Security Agreement (Roberds Inc)

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Appointment as Attorney-in-Fact. The Borrower Borrowers hereby irrevocably constitutes constitute and appoints appoint the Agent as the Borrower’s Borrowers' true and lawful attorney, with full power of substitution, following exercisable after the occurrence and during the continuance of an Event of Default, to convert the Collateral into cash at the sole risk, cost, and expense of the BorrowerBorrowers, but for the ratable sole benefit of the Agent. The rights and powers granted the Agent by this the within appointment include but are not limited to the right and power to:

Appears in 1 contract

Samples: Loan and Security Agreement (Sunglass Hut International Inc)

Appointment as Attorney-in-Fact. The Each Borrower hereby irrevocably constitutes and appoints the Agent (acting through any officer of the Agent) as the Borrower’s that Borrowers' true and lawful attorney, with full power of substitution, following the occurrence and during the continuance of an Event of Default, to convert the Collateral into cash at the sole risk, cost, and expense of the that Borrower, but for the ratable sole benefit of the AgentAgent and the Revolving Credit Lenders. The rights and powers granted the Agent by this appointment include but are not limited to the right and power to:

Appears in 1 contract

Samples: Loan and Security Agreement (Childrens Place Retail Stores Inc)

Appointment as Attorney-in-Fact. The Effective only upon the occurrence and during the continuance of an Event of Default, the Borrower hereby irrevocably constitutes and appoints the Agent as the Borrower’s 's true and lawful attorney, with full power of substitution, following the occurrence and during the continuance of an Event of Default, to convert the Collateral into cash at the sole risk, cost, and expense of the Borrower, but for the ratable sole benefit of the Agent, for the benefit of the Lenders, subject to applicable law. The rights and powers granted the Agent by this the within appointment include but are not limited to the right and power to:

Appears in 1 contract

Samples: Agreement (Harvard Bioscience Inc)

Appointment as Attorney-in-Fact. The Each Borrower hereby irrevocably constitutes and appoints the Agent (acting through any officer of the Agent) as the Borrower’s that Borrowers' true and lawful attorney, with full power of substitution, following the occurrence and during the continuance of an Event of Default, to convert the Collateral into cash at the sole risk, cost, and expense of the that Borrower, but for the ratable sole benefit of the AgentAgent and the Revolving Credit Lenders. The rights and powers granted the Agent by this appointment include but are not limited to the right and power to:

Appears in 1 contract

Samples: Loan and Security Agreement (Drugmax Inc)

Appointment as Attorney-in-Fact. The Borrower Borrowers hereby irrevocably constitutes constitute and appoints appoint the Agent as the Borrower’s 's true and lawful attorney, with full power of substitution, following the occurrence and during the continuance of an Event of Default, to convert the Collateral into cash at the sole risk, cost, and expense of the BorrowerBorrowers, but for the ratable benefit of the Agent. The rights and powers granted the Agent by this appointment include but are not limited to the right and power to:

Appears in 1 contract

Samples: Loan and Security Agreement (Duckwall Alco Stores Inc)

Appointment as Attorney-in-Fact. The Borrower hereby irrevocably constitutes and appoints the Agent (acting through any of its officers) as the Borrower’s true and lawful attorney, with full power of substitution, following the occurrence and during the continuance of an Event of Default, to convert the Collateral into cash at the sole risk, cost, and expense of the Borrower, but for the ratable sole benefit of the AgentAgent and the Revolving Credit Lenders. The rights and powers granted the Agent by this appointment include but are not limited to the right and power to:

Appears in 1 contract

Samples: Loan and Security Agreement (Gander Mountain Co)

Appointment as Attorney-in-Fact. The Borrower hereby irrevocably constitutes and appoints the Agent as the Borrower’s 's true and lawful attorney, with full power of substitution, following exercisable after the occurrence occurrence, and during the continuance continuance, of an Event of Default, to convert the Collateral into cash at the sole risk, cost, and expense of the Borrower, but for the ratable sole benefit of the Agent. The rights and powers granted the Agent by this appointment include but are not limited to the right and power to:

Appears in 1 contract

Samples: Loan and Security Agreement (Aeropostale Inc)

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