Common use of POWERS OF LENDER Clause in Contracts

POWERS OF LENDER. Pledgor hereby appoints ▇▇▇▇▇▇ as ▇▇▇▇▇▇▇’s true and lawful attorney-in-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 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 ▇▇▇▇▇▇’s officers, in their discretion, to take any action and to execute any instrument which ▇▇▇▇▇▇ may deem reasonably necessary or desirable to accomplish the purposes of this Agreement, including: (a) to perform or cause the performance of any obligation of Pledgor hereunder in ▇▇▇▇▇▇▇’s name or otherwise; (b) to notify any Person obligated on any security instrument or other document subject to this Agreement of ▇▇▇▇▇▇’s rights hereunder; (c) during the continuance of any Event of Default, to liquidate any Pledged Collateral prior to maturity and to apply proceeds thereof to payment of the 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 collect all cash or other property now or hereafter payable upon or on account of the Pledged Collateral; (e) during the continuance of any Event of Default, to enter into any extension, reorganization, deposit, merger or consolidation agreement or any other agreement relating to or affecting the Pledged Collateral and, in connection therewith, to deposit or surrender control of the Pledged Collateral, or to accept other property in exchange for the Pledged Collateral, subject otherwise to this Agreement; and (f) during the continuance of any Event of Default, to make any compromise or settlement Lender deems desirable or proper 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 is continuing), any limitation under law as to the length or validity of a proxy to the contrary notwithstanding.

Appears in 1 contract

Sources: Pledge Agreement (Lm Funding America, Inc.)

POWERS OF LENDER. Pledgor hereby appoints ▇▇▇▇▇▇ as ▇▇▇▇▇▇▇’s Lender its true and lawful attorney-in-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 attorney in fact to perform any of the following powers, which are coupled with an interest, are irrevocable until termination of this Agreement, Agreement and may be exercised from time to time by ▇▇▇▇▇▇’s officersLender's officers and employees, in their discretion, to take or any action and to execute any instrument which ▇▇▇▇▇▇ may deem reasonably necessary or desirable to accomplish the purposes of this Agreement, including: them: (a) during the continuance of an Event of Default, to perform or cause the performance of any obligation of Pledgor hereunder in ▇▇▇▇▇▇▇’s Pledgor's name or otherwise; ; (b) to notify any Person obligated on any security instrument give notice to account debtors or other document subject others of Lender's rights in the Collateral and Proceeds, and, during the continuance of an Event of Default, to this Agreement of ▇▇▇▇▇▇’s rights hereunder; enforce or forebear from enforcing the same and make extension and modification agreements with respect thereto; (c) during the continuance of any an Event of Default, to liquidate any Pledged release persons liable on Collateral prior to maturity or Proceeds and to apply proceeds thereof to payment of the Pledge Obligations, notwithstanding the fact that such liquidation may give rise to penalties or loss of rights; 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 Lender's interest in the Collateral and Proceeds, including, during the continuance of an Event of Default, the filing and prosecuting of registration and transfer applications with the appropriate federal or local agencies or authorities with respect to trademarks, copyrights and patentable inventions and processes; (g) during the continuance of any an Event of Default, to collect all cash or other property now or hereafter payable upon or on account of the Pledged Collateral; receive, open and read mail addressed to Pledgor; (eh) during the continuance of an Event of Default, to take cash, instruments for the payment of money and other property to which Lender is entitled; (i) during the continuance of an Event of Default, to verify facts concerning the Collateral and Proceeds by inquiry of obligors thereon, or otherwise, in its own name or a fictitious name; (j) during the continuance of an Event of Default, to endorse, collect, deliver and receive payment under instruments for the payment of money constituting or relating to Proceeds; (k) during the continuance of an Event of Default, 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 Lender, at Lender's sole option, toward repayment of the Indebtedness or, where appropriate, replacement of the Collateral; (l) during the continuance of an Event of Default, to exercise all rights, powers and remedies which Pledgor would have, but for this Agreement, with respect to all Collateral and Proceeds subject hereto; (m) during the continuance of an Event of Default, to enter into any extension, reorganization, deposit, merger or consolidation agreement or any other agreement relating to or affecting onto Pledgor's premises in inspecting the Pledged Collateral and, in connection therewith, to deposit or surrender control of the Pledged Collateral, or to accept other property in exchange for the Pledged Collateral, subject otherwise to this Agreement; and (fn) during the continuance of any an Event of Default, to make withdrawals from and to close deposit accounts or other accounts with any compromise or settlement Lender deems desirable or proper in respect financial institution, wherever located, into which Proceeds may have been deposited, and to apply funds so withdrawn to payment of the Pledged Collateral. Subject to Indebtedness; (o) during the provisions above, this power shall be valid until the termination continuance of the Liens created hereunder (but only exercisable for so long as an Event of Default exists Default, to preserve or release the interest evidenced by chattel paper to which Lender is entitled hereunder and is continuing)to endorse and deliver any evidence of title incidental thereto; and (p) during the continuance of an Event of Default, any limitation under law to do all acts and things and execute all documents in the name of Pledgor or otherwise, deemed by Lender as to necessary, proper and convenient in connection with the length preservation, perfection or validity enforcement of a proxy to the contrary notwithstandingits rights hereunder.

Appears in 1 contract

Sources: Security Agreement (Vicon Industries Inc /Ny/)