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

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

Appears in 5 contracts

Samples: Loan and Security Agreement (DSW Inc.), Loan and Security Agreement (DSW Inc.), Loan and Security Agreement (Retail Ventures Inc)

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

Appears in 3 contracts

Samples: Loan and Security Agreement (Casual Male Retail Group Inc), Loan and Security Agreement (Casual Male Retail Group Inc), Loan and Security Agreement (Casual Male Retail Group Inc)

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

Appears in 2 contracts

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

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

Appears in 2 contracts

Samples: Revolving Credit Note (Casual Male Retail Group Inc), Revolving Credit Note (Casual Male Retail Group Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Restoration Hardware Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Designs Inc)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Retail Ventures Inc)

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

Appears in 1 contract

Samples: Value City Department Stores Inc /Oh

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

Appears in 1 contract

Samples: Financing Agreement (Value City Department Stores Inc /Oh)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Baker J Inc)

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

Appears in 1 contract

Samples: Term Loan and Security Agreement (Destination Xl Group, Inc.)

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

Appears in 1 contract

Samples: Loan and Security Agreement (Gymboree Corp)

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