Borrower Agent. Each Borrower hereby designates Parent ("Borrower Agent") as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of Loans, 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 Agent or any Lender. Borrower Agent ▇▇▇▇▇▇ accepts such appointment. Agent and Lenders shall be entitled to rely upon any Communication (including any Notice of Borrowing) delivered by or to Borrower Agent on behalf of any Borrower. 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 Communication, delivery, action, omission or undertaking by Borrower Agent shall be binding upon and enforceable against such Borrower.
Appears in 3 contracts
Sources: Loan and Security Agreement (Rocky Brands, Inc.), Loan and Security Agreement (Rocky Brands, Inc.), Loan and Security Agreement (Rocky Brands, Inc.)
Borrower Agent. Each Borrower hereby designates Parent ("Borrower Agent") as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of Loans, 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 Agent or any Lender. Borrower Agent ▇▇▇▇▇▇ hereby accepts such appointment. Agent and Lenders shall be entitled to rely upon any Communication (including any Notice of Borrowing) delivered by or to Borrower Agent on behalf of any Borrower. 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 Communication, delivery, action, omission or undertaking by Borrower Agent shall be binding upon and enforceable against such Borrower.
Appears in 2 contracts
Sources: Loan and Security Agreement (Rocky Brands, Inc.), Loan and Security Agreement (Rocky Brands, Inc.)
Borrower Agent. Each Borrower hereby designates Parent the Company ("“Borrower Agent"”) as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of LoansLoans and Letters of Credit, designation of interest rates, delivery or receipt of Communications, 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 Agent or any Lender. Borrower Agent ▇▇▇▇▇▇ accepts such appointment. Agent and Lenders Lender shall be entitled to rely upon any Communication (including any Notice notice of Borrowingborrowing) delivered by or to Borrower Agent on behalf of any Borrower. Each of Agent Borrower 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 Communication, delivery, action, omission or undertaking by Borrower Agent hereunder shall be binding upon and enforceable against such Borrower.
Appears in 2 contracts
Sources: Loan and Security Agreement (Orion Energy Systems, Inc.), Loan and Security Agreement (Orion Energy Systems, Inc.)
Borrower Agent. Each Borrower hereby designates Parent the Company ("“Borrower Agent"”) as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of LoansLoans and Letters of Credit, designation of interest rates, delivery or receipt of Communications, 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 Agent or any Lender. Borrower Agent ▇▇▇▇▇▇ hereby accepts such appointment. Agent and Lenders Lender shall be entitled to rely upon any Communication (including any Notice notice of Borrowingborrowing) delivered by or to Borrower Agent on behalf of any Borrower. Each of Agent Borrower 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 Communication, delivery, action, omission or undertaking by Borrower Agent hereunder shall be binding upon and enforceable against such Borrower.
Appears in 1 contract
Sources: Loan and Security Agreement (Orion Energy Systems, Inc.)
Borrower Agent. Each Borrower hereby designates Parent Hooker Furnishings ("“Borrower Agent"”) as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of LoansLoans and Letters of Credit, designation of interest rates, delivery or receipt of Communications, 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 Agent or any Lender. Borrower Agent ▇▇▇▇▇▇ accepts such appointment. Agent and Lenders Lender shall be entitled to rely upon any Communication (including any Notice of Borrowing) delivered by or to Borrower Agent on behalf of any Borrower. Each of Agent Borrower 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 Communication, delivery, action, omission or undertaking by Borrower Agent hereunder shall be binding upon and enforceable against such Borrower.
Appears in 1 contract
Sources: Loan and Security Agreement (HOOKER FURNISHINGS Corp)
Borrower Agent. Each Borrower hereby designates Parent ▇▇▇▇ ("“Borrower Agent"”) as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of LoansLoans and Letters of Credit, designation of interest rates, delivery or receipt of Communications, 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 Agent or any Lender. Borrower Agent ▇▇▇▇▇▇ hereby accepts such appointment. Agent and Lenders Lender shall be entitled to rely upon any Communication (including any Notice notice of Borrowingborrowing) delivered by or to Borrower Agent on behalf of any Borrower. Each of Agent Borrower 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 Communication, delivery, action, omission or undertaking by Borrower Agent hereunder shall be binding upon and enforceable against such Borrower.
Appears in 1 contract
Sources: Loan and Security Agreement (Arlo Technologies, Inc.)
Borrower Agent. Each Borrower hereby designates Parent Bon-Ton ("“Borrower Agent"”) as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of Loans, designation of interest rates, delivery or receipt of Communicationscommunications with Agent or any Lender, preparation and delivery of Borrower Materialsfinancial 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. Agent and Lenders shall be entitled to rely upon upon, and shall be fully protected in relying upon, any Communication (including any Notice of Borrowing) notice or communication delivered by or to Borrower Agent on behalf of any Borrower. Each of Agent and Lenders may give any notice or communication with a Borrower hereunder to Borrower Agent on behalf of such Borrower. 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 Communicationnotice, deliveryelection, actioncommunication, omission representation, agreement or undertaking made on its behalf by Borrower Agent shall be binding upon and enforceable against such Borrowerit.
Appears in 1 contract
Sources: Second Lien Loan and Security Agreement (Bon Ton Stores Inc)