Common use of Borrower Agent Clause in Contracts

Borrower Agent. Each Borrower hereby irrevocably appoints Euramax, and Xxxxxxx agrees to act under this Agreement, as the agent and representative of itself and each other Borrower for all purposes under this Agreement (in such capacity, "Borrower Agent"), including requesting borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent. Agent may rely, and shall be fully protected in relying, on any Funding Notice, Conversion/Continuation Notice, disbursement instructions, reports, information, Borrowing Base Certificate or any other notice or communication made or given by Borrower Agent, whether in its own name, on behalf of any Borrower or on behalf of "the Borrowers," and Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Funding Notice, Notice of Conversion Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers' liability for the Obligations be affected, provided that the provisions of this Section 2.18 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by "a Borrower" hereunder. Agent may maintain a single Loan Account in the name of "Euramax International, Inc." hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Xxxxxxxx's liability for the Obligations.

Borrower Agent. Each Borrower hereby irrevocably appoints Euramax, The Holding Company Borrower and Xxxxxxx The Holding Company Borrower agrees to act under this Agreement, as the agent and representative of itself and each other Borrower for all purposes under this Agreement (in such capacity, "Borrower Agent"), including requesting borrowingsRevolving Loans, selecting whether any Loan or portion thereof is to bear interest as a Base Prime Rate Loan or a LIBOR Rate Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent. Agent may rely, and shall be fully protected in relying, on any Funding Notice, Conversion/Continuation NoticeLoan Request, disbursement instructions, reports, information, Borrowing Base Certificate or any other notice or communication made or given by Borrower Agent, whether either in its own name, on behalf of any a Borrower or on behalf of "the Borrowers," and Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Funding Notice, Notice of Conversion ContinuationLoan Request, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers' liability for the Obligations be affected, provided that the provisions of this Section 2.18 4.10 shall not be construed so as to preclude any either a Borrower from directly requesting Borrowings or taking other actions permitted to be taken by "a Borrower" hereunder. Agent may maintain a single Loan Account loan account in the name of "Euramax InternationalEuronet Worldwide, Inc." hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such XxxxxxxxBorrower's liability for the Obligations.

Borrower Agent. Each Borrower hereby irrevocably appoints EuramaxTransit -------------- Group, and Xxxxxxx Transit Group agrees to act under this Agreement, as the agent and representative of itself and each other Borrower for all purposes under this Agreement (in such capacity, "Borrower Agent")Agreement, including requesting borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from AgentLender. Agent Lender may rely, and shall be fully protected in relying, on any Funding Notice, Conversion/Continuation Notice, disbursement instructions, reports, information, Borrowing Base Certificate information or any other notice or communication made or given by Borrower AgentTransit Group, whether in its own name, on behalf of any Borrower or on behalf of "the Borrowers," and Agent Lender shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Funding Notice, Notice of Conversion Continuationrequest, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers' liability for any of the Revolving Loans or other Obligations be affected, provided that the provisions of this Section 2.18 2.3 shall not be construed so as to preclude any Borrower from directly requesting Borrowings Revolving Loans or taking other actions permitted to be taken by "a Borrower" hereunder. Agent may Lender intends to maintain a single Loan Account loan account in the name of "Euramax International, Inc.Transit Group" hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such XxxxxxxxBorrower's liability for the Revolving Loans and other Obligations.

Borrower Agent. Each Borrower Obligor hereby irrevocably appoints Euramax, MasTec and Xxxxxxx MasTec agrees to act under this Agreement, as the agent and representative of itself and each other Borrower Obligor for all purposes under this Agreement (in such capacity, "“Borrower Agent"”), including requesting borrowingsBorrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, and receiving account statements and other notices and communications to Borrowers Obligors (or any of them) from Agent. Agent may rely, and shall be fully protected in relying, on any Funding NoticeNotice of Borrowing, Notice of Conversion/Continuation NoticeContinuation, disbursement instructions, reports, information, Borrowing Base Certificate or any other notice or communication made or given by Borrower Agent, whether in its own name, on behalf of any Borrower Obligor or on behalf of "“the Borrowers” or “the Obligors," ” and Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower Obligor of any such Funding NoticeNotice of Borrowing, Notice of Conversion Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers' ’ liability for the Obligations be affected, provided that the provisions of this Section 2.18 4.4 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by "“a Borrower" ” hereunder. Agent may maintain a single Loan Account in the name of "Euramax International, Inc." “MasTec” hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Xxxxxxxx's Borrower’s liability for the Obligations.

Borrower Agent. Each Borrower hereby irrevocably appoints EuramaxEuronet Worldwide, Inc. and Xxxxxxx Euronet Worldwide, Inc. agrees to act under this Agreement, as the agent and representative of itself and each other Borrower for all purposes under this Agreement (in such capacity, "Borrower Agent"), including requesting borrowingsRevolving Loans, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan be denominated in Euros or a LIBOR LoanGBPs, and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent. Agent may rely, and shall be fully protected in relying, on any Funding Notice, Conversion/Continuation NoticeLoan Request, disbursement instructions, reports, information, Borrowing Base Certificate or any other notice or communication made or given by Borrower Agent, whether either in its own name, on behalf of any either Borrower or on behalf of "the Borrowers," and Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Funding Notice, Notice of Conversion ContinuationLoan Request, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers' liability for the Obligations be affected, provided that the provisions of this Section 2.18 4.10 shall not be construed so as to preclude any either Borrower from directly requesting Borrowings or taking other actions permitted to be taken by "a Borrower" hereunder. Agent may maintain a single Loan Account loan account in the name of "Euramax International, Inc.e-pay/Delta" hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such XxxxxxxxBorrower's liability for the Obligations.

Borrower Agent. Each Borrower hereby irrevocably appoints EuramaxIHC, and Xxxxxxx IHC agrees to act under this Agreement, as the agent and representative of itself and each other Borrower for all purposes under this Agreement (in such capacity, "“Borrower Agent"”), including requesting borrowingsBorrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from Administrative Agent. Administrative Agent may rely, and shall be fully protected in relying, on any Funding NoticeNotice of Borrowing, Notice of Conversion/Continuation NoticeContinuation, disbursement instructions, reports, information, Borrowing Base Certificate or any other notice or communication made or given by Borrower Agent, whether in its own name, on behalf of any Borrower or on behalf of "“the Borrowers," ” and Administrative Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Funding NoticeNotice of Borrowing, Notice of Conversion Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers' ’ liability for the Obligations be affected, provided that the provisions of this Section 2.18 4.4 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by "“a Borrower" ” hereunder. Administrative Agent may maintain a single Loan Account in the name of "Euramax International, Inc." “InSight Health Corp.” hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Xxxxxxxx's Borrower’s liability for the Obligations.

Borrower Agent. Each Borrower Obligor hereby irrevocably appoints Euramax, MasTec and Xxxxxxx MasTec agrees to act under this Agreement, as the agent and representative of itself and each other Borrower Obligor for all purposes under this Agreement (in such capacity, "Borrower Agent"), including requesting borrowingsBorrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, and receiving account statements and other notices and communications to Borrowers Obligors (or any of them) from Agent. Agent may rely, and shall be fully protected in relying, on any Funding NoticeNotice of Borrowing, Notice of Conversion/Continuation NoticeContinuation, disbursement instructions, reports, information, Borrowing Base Certificate or any other notice or communication made or given by Borrower Agent, whether in its own name, on behalf of any Borrower Obligor or on behalf of "the Borrowers" or "the Obligors," and Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower Obligor of any such Funding NoticeNotice of Borrowing, Notice of Conversion Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers' liability for the Obligations be affected, provided that the provisions of this Section 2.18 SECTION 4.4 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by "a Borrower" hereunder. Agent may maintain a single Loan Account in the name of "Euramax International, Inc.MasTec" hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such XxxxxxxxBorrower's liability for the Obligations.

Borrower Agent. Each Borrower hereby irrevocably appoints Euramax, PNA and Xxxxxxx PNA agrees to act under this Agreement, as the agent and representative of itself and each other Borrower for all purposes under this Agreement (in such capacity, "“Borrower Agent"”), including requesting borrowingsBorrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from Administrative Agent. Administrative Agent may rely, and shall be fully protected in relying, on any Funding NoticeNotice of Borrowing, Notice of Conversion/Continuation NoticeContinuation, disbursement instructions, reports, information, Borrowing Base Certificate or any other notice or communication made or given by Borrower Agent], whether in its own name, on behalf of any Borrower or on behalf of "“the Borrowers," ” and Administrative Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Funding NoticeNotice of Borrowing, Notice of Conversion Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communicationcommunication from Borrower Agent, nor shall the joint and several character of Borrowers' ’ liability for the Obligations be affected, provided that the provisions of this Section 2.18 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by "a Borrower" hereunder. Administrative Agent may maintain a single Loan Account in the name of "Euramax International“PNA Group, Inc." ” hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Xxxxxxxx's Borrower’s liability for the Obligations.