Common use of Borrower Agent Clause in Contracts

Borrower Agent. Each Borrower hereby designates BLYTH, INC. (“Borrower Agent”) as its representative and agent for all purposes under the Loan Documents, including receipt of the Term Loan, designation of interest rates, delivery or receipt of communications, delivery of financial information and reports, payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with Lender. Borrower Agent hereby accepts such appointment. Lender shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication delivered by Borrower Agent on behalf of any Borrower. Lender may give any notice or communication with a Borrower hereunder to Borrower Agent on behalf of such Borrower. Lender shall have the right, in its discretion, to deal exclusively with Borrower Agent for all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communication, delivery, representation, agreement, action, omission or undertaking by Borrower Agent hereunder shall be binding upon and enforceable against such Borrower.

Borrower Agent. Each Borrower hereby designates BLYTH, INC. WTG (“Borrower Agent”) as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of the Term Loan, designation of interest ratesLoans, delivery or receipt of communications, delivery of financial Borrowing Base Reports and other information and reportsat any time delivered by the Borrowers to Lender, payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with Lender. Borrower Agent hereby accepts such appointment. Lender shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any Notice of Borrowing) delivered by Borrower Agent on behalf of any Borrower. Lender may give any notice or communication with a Borrower hereunder to Borrower Agent on behalf of such Borrower. Lender shall have the right, in its discretionPermitted Discretion, to deal exclusively with Borrower Agent for all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communication, delivery, representation, agreement, action, omission or undertaking by Borrower Agent hereunder shall be binding upon and enforceable against such Borrower.

Borrower Agent. Each Borrower hereby designates BLYTH, INC. CAI (“Borrower Agent”) as its representative and agent for all purposes under the Loan Documents, including receipt of the Term Loan, designation of interest rates, delivery or receipt of communications, preparation and delivery of the Borrowing Base Certificate and financial information and reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with Agent or any Lender. Borrower Agent hereby accepts such appointment. Lender Agent and Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any notice of borrowing) delivered by Borrower Agent on behalf of any Borrower. Lender Agent and Lenders may give any notice or communication with a Borrower hereunder to Borrower Agent on behalf of such Borrower. Lender Each of Agent and Lenders shall have the right, in its discretion, to deal exclusively with Borrower Agent for any or all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communication, delivery, representation, agreement, action, omission agreement or undertaking made on its behalf by Borrower Agent hereunder shall be binding upon and enforceable against such Borrowerit.

Borrower Agent. Each Borrower hereby designates BLYTH, INC. UNFI (“Borrower Agent”) as its representative and agent for all purposes under the Loan Documents, including receipt of the Term Loanrequests for Loans, designation of interest rates, delivery or receipt of communications, preparation and delivery of financial information and reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with the Administrative Agent or any Lender. Borrower Agent hereby accepts such appointment. Lender The Administrative Agent and Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any notice of borrowing) delivered by Borrower Agent on behalf of any Borrower. Lender The Administrative Agent and Lenders may give any notice or communication with a Borrower hereunder to Borrower Agent on behalf of such Borrower. The Administrative Agent and each Lender shall have the right, in its discretion, to deal exclusively with Borrower Agent for any or all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communication, delivery, representation, agreement, action, omission agreement or undertaking made on its behalf by Borrower Agent hereunder shall be binding upon and enforceable against such Borrowerit.

Borrower Agent. Each Borrower hereby designates BLYTH, INC. Technologies (“Borrower Agent”) as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of the Term Loan, designation Loans and Letters of interest ratesCredit, delivery or receipt of communications, delivery of financial Borrowing Base Reports and other information and reportsat any time delivered by the Borrowers to Lender, payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with Lender. Borrower Agent hereby accepts such appointment. Lender shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any Notice of Borrowing) delivered by Borrower Agent on behalf of any Borrower. Lender may give any notice or communication with a Borrower hereunder to Borrower Agent on behalf of such Borrower. Lender shall have the right, in its discretion, to deal exclusively with Borrower Agent for all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communication, delivery, representation, agreement, action, omission or undertaking by Borrower Agent hereunder shall be binding upon and enforceable against such Borrower.

Borrower Agent. Each Borrower hereby designates BLYTH, INC. Anchor (“Borrower Agent”) as its representative and agent for all purposes under the Loan Documents, including receipt of the requests for Term LoanLoans, designation of interest rates, delivery or receipt of communications, preparation and delivery of financial information and reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with Lenderthe Administrative Agent and the Lenders. Borrower Agent hereby accepts such appointment. Lender The Administrative Agent shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any Committed Loan Notice) delivered by Borrower Agent on behalf of any Borrower. Lender The Administrative Agent may give any notice or communication with a Borrower hereunder to Borrower Agent on behalf of such Borrower. Lender The Administrative Agent shall have the right, in its discretion, to deal exclusively with Borrower Agent for any or all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communication, delivery, representation, agreement, action, omission agreement or undertaking made on its behalf by Borrower Agent hereunder shall be binding upon and enforceable against such Borrowerit.

Borrower Agent. Each Borrower hereby designates BLYTH, INC. (“Borrower Agent”) as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of the Term LoanLoans and Letters of Credit, designation of interest rates, delivery or receipt of communications, delivery of Borrowing Base and financial information and reports, payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with Lender. Borrower Agent hereby accepts such appointment. Lender shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any notice of borrowing) delivered by Borrower Agent on behalf of any Borrower. Lender may give any notice or communication with a Borrower hereunder to Borrower Agent on behalf of such Borrower. Lender shall have the right, in its discretion, to deal exclusively with Borrower Agent for all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communication, delivery, representation, agreement, action, omission or undertaking by Borrower Agent hereunder shall be binding upon and enforceable against such Borrower.

Borrower Agent. Each Borrower hereby designates BLYTH, INC. Anchor (“Borrower Agent”) as its representative and agent for all purposes under the Loan Documents, including receipt of requests for the Term Loan, designation of interest rates, delivery or receipt of communications, preparation and delivery of financial information and reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with Lenderthe Administrative Agent and the Lenders. Borrower Agent hereby accepts such appointment. Lender The Administrative Agent shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any Committed Loan Notice and any Notice of Withdrawal) delivered by Borrower Agent on behalf of any Borrower. Lender The Administrative Agent may give any notice or communication with a Borrower hereunder to Borrower Agent on behalf of such Borrower. Lender The Administrative Agent shall have the right, in its discretion, to deal exclusively with Borrower Agent for any or all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communication, delivery, representation, agreement, action, omission agreement or undertaking made on its behalf by Borrower Agent hereunder shall be binding upon and enforceable against such Borrowerit.

Borrower Agent. Each Borrower hereby designates BLYTH, INC. Enservco Corporation (“Borrower AgentAdministrative Borrower”) as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of the Term LoanRevolving Advances, designation of interest rates, delivery or receipt of communications, delivery of Borrowing Base and financial information and reports, payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with Lender. Administrative Borrower Agent hereby accepts such appointment. Lender shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any notice of borrowing) delivered by Administrative Borrower Agent on behalf of any Borrower. Lender may give any notice or communication with a Borrower hereunder to Administrative Borrower Agent on behalf of such Borrower. Lender shall have the right, in its discretion, to deal exclusively with Administrative Borrower Agent for all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communication, delivery, representation, agreement, action, omission or undertaking by Administrative Borrower Agent hereunder shall be binding upon and enforceable against such Borrower.

Borrower Agent. Each Borrower hereby designates BLYTH, INC. Borrower (“Borrower Agent”) as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of the Term LoanLoans, designation of interest rates, delivery or receipt of communications, delivery of financial information and reportsBorrower Materials, payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with Agent or any Lender. Borrower Agent hereby accepts such appointment. Lender Agent and Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any Notice of Rebalancing) delivered by Borrower Agent on behalf of any Borrower. Lender Agent and Lenders may give any notice or communication with a Borrower hereunder to Borrower Agent on behalf of such Borrower. Each of Agent and each Lender shall have the right, in its discretion, to deal exclusively with Borrower Agent for all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communication, delivery, representation, agreement, action, omission or undertaking by Borrower Agent hereunder shall be binding upon and enforceable against such Borrower.

Borrower Agent. Each Borrower hereby designates BLYTH, INC. AutoWeb (“Borrower Agent”) as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of the Term LoanLoans, designation of interest rates, delivery or receipt of communications, delivery of financial information and reportsBorrower Materials, payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with Agent or any Lender. Borrower Agent hereby accepts such appointment. Lender Agent and Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any notice of borrowing) delivered by Borrower Agent on behalf of any Borrower. Lender Agent and Lenders may give any notice or communication with a Borrower hereunder to Borrower Agent on behalf of such Borrower. Lender Each of Agent and Lenders shall have the right, in its discretion, to deal exclusively with Borrower Agent for all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communication, delivery, representation, agreement, action, omission or undertaking by Borrower Agent hereunder shall be binding upon and enforceable against such Borrower.

Borrower Agent. Each Borrower and other Obligor hereby designates BLYTH, INC. Parent (“Borrower Agent”) as its representative and agent for all purposes under the Loan Documents, including receipt of the Term Loan, designation of interest rates, delivery or receipt of communications, preparation and delivery of financial information and reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with Agent or any Lender. Borrower Agent hereby accepts such appointment. Lender Agent and Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any notice of borrowing) delivered by Borrower Agent on behalf of any Borrower. Lender Agent and Lenders may give any notice or communication with a Borrower or other Obligor hereunder to Borrower Agent on behalf of such BorrowerBorrower or other Obligor . Lender Each of Agent and Lenders shall have the right, in its discretion, to deal exclusively with Borrower Agent for any or all purposes under the Loan Documents. Each Borrower and other Obligor agrees that any notice, election, communication, delivery, representation, agreement, action, omission agreement or undertaking made on its behalf by Borrower Agent hereunder shall be binding upon and enforceable against such Borrowerit.

Borrower Agent. Each Borrower Obligor hereby designates BLYTH, INC. the Company (“"Borrower Agent”") as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of the Term LoanLoans, designation of interest rates, delivery or receipt of communications, delivery of financial information and reportsBorrower Materials, payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with Agent or any Lender. Borrower Agent hereby accepts such appointment. Lender Agent and Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any notice of borrowing) delivered by Borrower Agent on behalf of any BorrowerObligor. Lender Agent and Lenders may give any notice or communication with a Borrower an Obligor hereunder to Borrower Agent on behalf of such BorrowerObligor. Each of Agent and each Lender shall have the right, in its discretion, to deal exclusively with Borrower Agent for all purposes under the Loan Documents. Each Borrower Obligor agrees that any notice, election, communication, delivery, representation, agreement, action, omission or undertaking by Borrower Agent hereunder shall be binding upon and enforceable against such BorrowerObligor.

Borrower Agent. Each Borrower hereby designates BLYTH, INC. the Company (“Borrower Agent”) as its representative and agent for all purposes under the Loan Documents, including receipt requests for Loans and Letters of the Term LoanCredit, designation of interest rates, delivery or receipt of communications, preparation and delivery of Borrowing Base and financial information and reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with Lender. Borrower Agent hereby accepts such appointment. Lender shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any notice of borrowing) delivered by Borrower Agent on behalf of any Borrower. Lender may give any notice or communication with a Borrower hereunder to Borrower Agent on behalf of such Borrower. Lender shall have the right, in its discretion, to deal exclusively with Borrower Agent for any or all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communication, delivery, representation, agreement, action, omission agreement or undertaking made on its behalf by Borrower Agent hereunder shall be binding upon and enforceable against such Borrowerit.

Borrower Agent. Each Borrower hereby designates BLYTH, INC. the Parent (“"Borrower Agent”") as its representative and agent for all purposes under the Loan Documents, including receipt of the Term Loan, designation of interest rates, delivery or receipt of communications, preparation and delivery of financial information reports and reportsother Borrower Materials, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with Lender. Borrower Agent hereby accepts such appointment. Lender shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any notice of borrowing) delivered by Borrower Agent on behalf of any Borrower. Lender may give any notice or communication with a Borrower hereunder to Borrower Agent on behalf of such Borrower. Lender shall have the right, in its discretion, to deal exclusively with Borrower Agent for any or all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communication, delivery, representation, agreement, action, omission agreement or undertaking made on its behalf by Borrower Agent hereunder shall be binding upon and enforceable against such Borrowerit.

Borrower Agent. Each Borrower and each other Obligor hereby designates BLYTH, INC. SWK (“Borrower Agent”) as its representative and agent for all purposes under the Loan Documents, including receipt of the Term Loan, designation of interest ratesrequests for Loans, delivery or receipt of communications, preparation and delivery of Borrowing Base and financial information and reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with Agent or any Lender. Borrower Agent hereby accepts such appointment. Lender Agent and Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any notice of borrowing) delivered by Borrower Agent on behalf of any Borrower. Lender Agent and Lenders may give any notice or communication with a Borrower an Obligor hereunder to Borrower Agent on behalf of such BorrowerObligor. Lender Each of Agent and Lenders shall have the right, in its discretion, to deal exclusively with Borrower Agent for any or all purposes under the Loan Documents. Each Borrower Obligor agrees that any notice, election, communication, delivery, representation, agreement, action, omission agreement or undertaking made on its behalf by Borrower Agent hereunder shall be binding upon and enforceable against such Borrowerit.

Borrower Agent. Each Borrower and each other Obligor hereby designates BLYTH, INC. SWK (“Borrower Agent”) as its representative and agent for all purposes under the Loan Documents, including receipt of the Term Loan, designation of interest ratesrequests for Loans, delivery or receipt of communications, preparation and delivery of Borrowing Base and financial information and reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with Agent or any Lender. Borrower Agent hereby ▇▇▇▇▇▇ accepts such appointment. Lender Agent and Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any notice of borrowing) delivered by Borrower Agent on behalf of any Borrower. Lender Agent and ▇▇▇▇▇▇▇ may give any notice or communication with a Borrower an Obligor hereunder to Borrower Agent on behalf of such BorrowerObligor. Lender Each of Agent and Lenders shall have the right, in its discretion, to deal exclusively with Borrower Agent for any or all purposes under the Loan Documents. Each Borrower Obligor agrees that any notice, election, communication, delivery, representation, agreement, action, omission agreement or undertaking made on its behalf by Borrower Agent hereunder shall be binding upon and enforceable against such Borrowerit.