Common use of POWERS OF LENDER Clause in Contracts

POWERS OF LENDER. Borrower hereby appoints Lender as Borrower’s true and lawful attorney-in-fact to perform any and all of the following acts, which power is coupled with an interest, is irrevocable until the Obligations are paid and performed in full, and may be exercised from time to time by Lender in its discretion: To take any action and to execute any instrument which Lender may deem reasonably necessary or desirable to accomplish the purposes of this Section 7 and, more broadly, this Agreement including, without limitation: (i) to exercise voting and consent rights with respect to Note Collateral in accordance with this Agreement, (ii) during the continuance of any Default, to receive, endorse and collect all instruments or other forms of payment made payable to Borrower in respect of the Note Collateral or any part thereof and to give full discharge for the same, (iii) to perform or cause the performance of any obligation of Borrower hereunder in Borrower’s name or otherwise, (iv) during the continuance of any Default, to liquidate any Note Collateral pledged to Lender hereunder and to apply proceeds thereof to the payment of the Obligations or to place such proceeds into a cash collateral account or to transfer the Note Collateral into the name of Lender, all at Lender’s sole discretion, (v) to enter into any extension, reorganization or other agreement relating to or affecting the Note Collateral, and, in connection therewith, to deposit or surrender control of the Note Collateral, (vi) to accept other property in exchange for the Note Collateral, (vii) to make any compromise or settlement Lender deems desirable or proper, and (viii) to execute on Borrower’s behalf and in Borrower’s name any documents required in order to give Lender a continuing first lien upon the Note Collateral or any part thereof.

POWERS OF LENDER. Borrower Pledgor hereby appoints Lender L▇▇▇▇▇ as BorrowerP▇▇▇▇▇▇’s true and lawful attorney-in-fact fact, effective upon the occurrence and during the continuation of an Event of Default, for the purpose of carrying out this Agreement and taking any action and executing any instrument which the Lender may deem necessary or advisable to perform any and all of the following actspowers, which power is are coupled with an interest, is are irrevocable until the Obligations are paid and performed in fulltermination of this Agreement, and may be exercised from time to time by Lender L▇▇▇▇▇’s officers, in its their discretion: To , to take any action and to execute any instrument which Lender L▇▇▇▇▇ may deem reasonably necessary or desirable to accomplish the purposes of this Section 7 and, more broadly, this Agreement including, without limitation: (i) to exercise voting and consent rights with respect to Note Collateral in accordance with this Agreement, including: (ii) during the continuance of any Default, to receive, endorse and collect all instruments or other forms of payment made payable to Borrower in respect of the Note Collateral or any part thereof and to give full discharge for the same, (iiia) to perform or cause the performance of any obligation of Borrower Pledgor hereunder in BorrowerP▇▇▇▇▇▇’s name or otherwise, ; (ivb) to notify any Person obligated on any security instrument or other document subject to this Agreement of L▇▇▇▇▇’s rights hereunder; (c) during the continuance of any Event of Default, to liquidate any Note Pledged Collateral pledged prior to Lender hereunder maturity and to apply proceeds thereof to the payment of the Obligations Pledge Obligations, notwithstanding the fact that such liquidation may give rise to penalties or loss of rights; (d) during the continuance of any Event of Default, to place such proceeds into a collect all cash collateral or other property now or hereafter payable upon or on account or to transfer of the Note Collateral into Pledged Collateral; (e) during the name continuance of Lenderany Event of Default, all at Lender’s sole discretion, (v) to enter into any extension, reorganization reorganization, deposit, merger or consolidation agreement or any other agreement relating to or affecting the Note Collateral, Pledged Collateral and, in connection therewith, to deposit or surrender control of the Note Pledged Collateral, (vi) or to accept other property in exchange for the Note Pledged Collateral, subject otherwise to this Agreement; and (viif) during the continuance of any Event of Default, to make any compromise or settlement Lender deems desirable or properproper in respect of the Pledged Collateral. Subject to the provisions above, this power shall be valid until the termination of the Liens created hereunder (but only exercisable for so long as an Event of Default exists and (viii) is continuing), any limitation under law as to execute on Borrower’s behalf and in Borrower’s name any documents required in order the length or validity of a proxy to give Lender a continuing first lien upon the Note Collateral or any part thereofcontrary notwithstanding.