Powers of Agent Clause Samples

Powers of Agent. Agent shall have and may exercise those powers specifically delegated to Agent herein, together with such powers as are reasonably incidental thereto.

Powers of Agent. Agent shall have the right to act for and on behalf of Owner with full and complete authority to appear before each applicable Governmental Authority to resolve issues related to the platting, zoning and use of the Unit Premises, to obtain all Permits, to grant and obtain easements for the benefit of any Unit Premises or which are reasonably deemed necessary by Agent for the installation or operation of the Ammonia Project (provided that no such action shall contravene any provision of any Ground Lease) in all material respects in accordance with the Unit Plans, appoint, employ and deal with the architects, engineers, consultants and contractors, purchase and arrange for delivery of all materials, supplies, furniture, fixtures, and equipment, and to approve all related vouchers, invoices and statements. Notwithstanding the foregoing, Owner agrees to execute directly any and all such documents which Governmental Authorities do not permit to be exercised pursuant to a power of attorney or as Agent may reasonably deem to be necessary to effect the purposes of this Agreement. No payment shall be made for any property or services of such architects, engineers, consultants, or contractors relating to the acquisition, construction and equipping of any Unit without the prior approval of Agent, and each amount so approved and paid shall be in accordance with the Unit Budget, and shall be part of the Unit Acquisition Cost of such Unit. If Agent has unreasonably delayed or withheld giving the approvals required to make such payments, Owner may make payments to any architects, engineers, consultants, contractors, vendors or suppliers which are properly due and payable in accordance with the contracts with said parties, and any such payment so made shall be and become a part of the Unit Acquisition Cost of the Unit; provided, however, that Owner shall not make any such payment if it is subject to a Permitted Contest.

Powers of Agent. Debtor appoints Agent its true attorney in fact to perform any of the following powers, which are coupled with an interest, are irrevocable until termination of this Agreement and may be exercised from time to time by Agent’s officers and employees, or any of them: (a) to perform any obligation of Debtor hereunder in Debtor’s name or otherwise; (b) to give notice to account debtors or others of Agent’s rights in the Collateral and Proceeds, to enforce or forebear from enforcing the same and make extension and modification agreements with respect thereto; (c) to release persons liable on Collateral or Proceeds and to give receipts and acquittances and compromise disputes in connection therewith; (d) to release or substitute security; (e) to resort to security in any order; (f) to prepare, execute, file, record or deliver notes, assignments, schedules, designation statements, financing statements, continuation statements, termination statements, statements of assignment, applications for registration or like papers to perfect, preserve or release Agent’s interest in the Collateral and Proceeds; (g) to receive, open and read mail addressed to Debtor; (h) to take cash; instruments for the payment of money and other property to which Agent is entitled; (i) to verify facts concerning the Collateral and Proceeds by inquiry of obligors thereon, or otherwise, in its own name or a fictitious name; (j) to endorse, collect, deliver and receive payment under instruments for the payment of money constituting or relating to Proceeds; (k) to prepare, adjust, execute, deliver and receive payment under insurance claims, and to collect and receive payment of and endorse any instrument in payment of loss or returned premiums or any other insurance refund or return, and to apply such amounts received by Agent or any Secured Creditor, toward repayment of the Obligations in the manner specified by the Loan Agreement or, where appropriate and if approved by Majority Lenders, replacement of the Collateral; (l) to exercise all rights, powers and remedies which Debtor would have, but for this Agreement, with respect to all Collateral and Proceeds subject hereto; (m) to enter onto Debtor’s premises in inspecting the Collateral; (n) to make withdrawals from and to close deposit accounts or other accounts with any financial institution, wherever located, into which Proceeds may have been deposited, and to apply funds so withdrawn to payment of the Obligations; (o) to preserve or releas...

Powers of Agent. The Agent shall have and may exercise such powers under the Loan Documents as are specifically delegated to the Agent by the terms thereof, together with such powers as are reasonably incidental thereto. The Agent shall have no implied duties or any obligation to the Lenders to take any action hereunder or under any of the Loan Documents except any action expressly required to be taken by the Agent as set forth in this Agreement or any of the Loan Documents. Without limiting the foregoing, the Agent is hereby authorized to execute and deliver the Loan Agreement and the other Loan Documents and all instruments and certificates relating thereto, in each case, in substantially the same form as last distributed to the Lenders prior to the Closing Date, and Agent is hereby authorized to enter into any amendments thereto on behalf of each of the Lenders, subject to any applicable directions of the Lenders or the Required Lenders pursuant to Section 6.1 hereof.

Powers of Agent. The agent can employ servants, labour, clerks and other employees at his own expense and cost in the business or the commission agency.

Powers of Agent. Agent is empowered to take such actions and functions as set forth in the Agency Agreement. Pursuant to the Agency Agreement, THE PARTIES HERETO EXPRESSLY AGREE AND REQUEST THAT ANY AND ALL ROYALTY OR OTHER PRODUCTION PAYMENTS, BONUS PAYMENTS, DELAY RENTALS, OR ANY OTHER PAYMENTS RELATED TO THE ASSETS, AND ALL OIL AND GAS LEASES AND DIVISION ORDERS RELATED TO THE ASSETS, SHALL BE MADE AS A SINGLE COMBINED DECIMAL FOR EACH ASSET AND SENT DIRECTLY TO: [NAIL BAY ROYALTIES, LLC P.O. BOX 671099 DALLAS, TEXAS 75367-1099 AND PAID UNDER FEDERAL TAX IDENTIFICATION NUMBER: 26-4512257] [DUNCAN MANAGEMENT, LLC P.O. BOX 671099 DALLAS, TEXAS 75367-1099 AND PAID UNDER FEDERAL TAX IDENTIFICATION NUMBER: 20-6045545] Notwithstanding the foregoing, Grantee may, at any time, elect that any and all royalty or other production payments, bonus payments, delay rentals, or any other payments related to the Assets, and all oil and gas leases and division orders related to the Assets, be made as a single combined decimal for each asset and sent directly to Grantee or any other entity of its choosing.

Powers of Agent. The powers, trusts, authorities and discretion conferred upon the Agent by this Charge shall be in addition to any which may from time to time be vested in it by any applicable law.

Powers of Agent. Agent shall have and may exercise such powers under the Loan Documents as are specifically delegated to Agent by the terms of each thereof, together with such powers as are reasonably incidental thereto or are otherwise necessary or desirable in connection with the administration of the Loan, and may exercise all other powers of Lenders as are not made subject to the consent of the Required Lenders pursuant to Section 15.6(a) or to the consent of all Lenders pursuant to Section 15.6(b). Without limiting the foregoing, Agent may consent to or execute easements, plats, dedications, release of minor portions of the collateral and similar documents. Agent shall not be considered, or be deemed, a separate agent of Lenders hereunder, but is, and shall be deemed, acting in its contractual capacity as Agent, exercising such rights and powers under the Loan Documents as are specifically delegated to Agent or Agent is otherwise entitled to take hereunder. Agent shall have no implied duties to Lenders, or any obligation to Lenders to take any action except any action specifically provided by the Loan Documents to be taken by Agent.

Powers of Agent. 49 SECTION 10. Events of Default and Remedies........................................................49 10.1