Common use of Borrower Agent Clause in Contracts

Borrower Agent. Each Borrower hereby designates the Company as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of Loans and Letters of Credit, designation of interest rates, delivery or receipt of communications, delivery of Borrower 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 the Administrative Agent, L/C Issuers or any Lender. The Company hereby accepts such appointment. The Administrative Agent and Lenders shall be entitled to rely upon any notice or communication (including any notice of borrowing) delivered by or to the Company on behalf of any Borrower. Each of the Administrative Agent, L/C Issuers and Lenders shall have the right, in its discretion, to deal exclusively with Company for all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communication, delivery, representation, agreement, action, omission or undertaking by the Company shall be binding upon and enforceable against such Borrower

Appears in 2 contracts

Samples: Abl Credit Agreement (Ciena Corp), Abl Credit Agreement

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Borrower Agent. Each Borrower hereby designates the Company (“Borrower Agent”) as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of Loans and Letters of Credit, designation of interest rates, delivery or receipt of communicationsCommunications, delivery of Borrower 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 the Administrative Agent, L/C Issuers Issuing Bank or any Lender. The Company hereby Borrower Agent xxxxxx accepts such appointment. The Administrative Agent and Lenders Xxxxxxx shall be entitled to rely upon any notice or communication Communication (including any notice of borrowing) delivered by or to the Company Borrower Agent on behalf of any Borrower. Each of the Administrative Agent, L/C Issuers Issuing Bank and Lenders shall have the right, in its discretion, to deal exclusively with Company Borrower Agent for all purposes under the Loan Documents. Each Borrower Obligor agrees that any notice, election, communicationCommunication, delivery, representation, agreement, action, omission or undertaking by the Company Borrower Agent shall be binding upon and enforceable against such BorrowerObligor.

Appears in 2 contracts

Samples: Loan, Security and Guaranty Agreement (Atlas Energy Solutions Inc.), Loan, Security and Guaranty Agreement (Atlas Energy Solutions Inc.)

Borrower Agent. Each Borrower hereby designates the Company Parent (“Borrower Agent”) as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of Loans and Letters of Credit, designation of interest rates, delivery or receipt of communicationsCommunications, delivery of Borrower 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 the Administrative Agent, L/C Issuers Issuing Bank or any Lender. The Company Borrower Agent hereby accepts such appointment. The Administrative Agent and Lenders shall be entitled to rely upon any notice or communication Communication (including any notice Notice of borrowingBorrowing) delivered by or to the Company Borrower Agent on behalf of any Borrower. Each of the Administrative Agent, L/C Issuers Issuing Bank and Lenders shall have the right, in its discretion, to deal exclusively with Company Borrower Agent for all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communicationCommunication, delivery, representation, agreement, action, omission or undertaking by the Company Borrower Agent shall be binding upon and enforceable against such Borrower.

Appears in 2 contracts

Samples: Loan and Security Agreement (Rocky Brands, Inc.), Abl Loan and Security Agreement (Rocky Brands, Inc.)

Borrower Agent. Each Borrower hereby designates the Company SERVICESOURCE INTERNATIONAL, INC., a Delaware corporation (“Borrower Agent”) as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of Loans and Letters of Credit, designation of interest rates, delivery or receipt of communicationsCommunications, delivery of Borrower MaterialsBorrowing 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 the Administrative Agent, L/C Issuers or any Lender. The Company Borrower Agent hereby accepts such appointment. The Administrative Agent and Lenders Lender shall be entitled to rely upon any notice or communication Communication (including any notice of borrowing) delivered by or to the Company Borrower Agent on behalf of any Borrower. Each of the Administrative Agent, L/C Issuers Borrower and Lenders shall have the right, in its discretion, to deal exclusively with Company Borrower Agent for all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communicationCommunication, delivery, representation, agreement, action, omission or undertaking by the Company Borrower Agent hereunder shall be binding upon and enforceable against such Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Servicesource International, Inc.)

Borrower Agent. Each Borrower hereby designates the Company Big 5 Corp. (“Borrower Agent”) as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of Loans and Letters of Credit, designation of interest rates, delivery or receipt of communicationsCommunications, delivery of Borrower 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 the Administrative Agent, L/C Issuers Issuing Bank or any Lender. The Company Borrower Agent hereby accepts such appointment. The Administrative Agent and Lenders shall be entitled to rely upon any notice or communication Communication (including any notice of borrowing) delivered by or to the Company Borrower Agent on behalf of any Borrower. Each of the Administrative Agent, L/C Issuers Issuing Bank and Lenders shall have the right, in its discretion, to deal exclusively with Company Borrower Agent for all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communicationCommunication, delivery, representation, agreement, action, omission or undertaking by the Company Borrower Agent shall be binding upon and enforceable against such Borrower.

Appears in 1 contract

Samples: Guaranty and Security Agreement (BIG 5 SPORTING GOODS Corp)

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Borrower Agent. Each Borrower hereby designates the Company Infinera Corp (“Borrower Agent”) as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of Loans and Letters of Credit, designation of interest rates, delivery or receipt of communicationsCommunications, delivery of Borrower 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 the Administrative Agent, L/C Issuers Issuing Bank or any Lender. The Company Borrower Agent hereby accepts such appointment. The Administrative Agent and Lenders shall be entitled to rely upon any notice or communication Communication (including any notice of borrowing) delivered by or to the Company Borrower Agent on behalf of any Borrower. Each of the Administrative Agent, L/C Issuers Issuing Bank and Lenders shall have the right, in its discretion, to deal exclusively with Company Borrower Agent for all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communicationCommunication, delivery, representation, agreement, action, omission or undertaking by the Company Borrower Agent shall be binding upon and enforceable against such Borrower.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Infinera Corp)

Borrower Agent. Each Borrower hereby designates the Company Inari (“Borrower Agent”) as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of Loans and Letters of Credit, designation of interest rates, delivery or receipt of communications, delivery of Borrower 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 the Administrative Agent, L/C Issuers Issuing Bank or any Lender. The Company Borrower Agent hereby accepts such appointment. The Administrative Agent and Lenders shall be entitled to rely upon any notice or communication (including any notice of borrowing) delivered by or to the Company Borrower Agent on behalf of any Borrower. Each of the Administrative Agent, L/C Issuers Issuing Bank and Lenders shall have the right, in its discretion, to deal exclusively with Company 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 the Company Borrower Agent shall be binding upon and enforceable against such Borrower.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Inari Medical, Inc.)

Borrower Agent. Each Borrower hereby designates the Company as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of Loans and Letters of Credit, designation of interest rates, delivery or receipt of communications, delivery of Borrower 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 the Administrative Agent, L/C Issuers or any Lender. The Company hereby accepts such appointment. The Administrative Agent and Lenders shall be entitled to rely upon any notice or communication (including any notice of borrowing) delivered by or to the Company on behalf of any Borrower. Each of the Administrative Agent, L/C Issuers and Lenders shall have the right, in its discretion, to deal exclusively with Company for all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communication, delivery, representation, agreement, action, omission or undertaking by the Company shall be binding upon and enforceable against such Borrower.

Appears in 1 contract

Samples: Pledge Agreement (Ciena Corp)

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