Common use of Borrower Agent Clause in Contracts

Borrower Agent. Each Borrower hereby irrevocably appoints PNA and 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 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 Administrative Agent. Administrative Agent may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, 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 Notice of Borrowing, Notice of Conversion Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communication from Borrower Agent, nor shall the joint and several character of Borrowers’ liability for the Obligations be affected. Administrative Agent may maintain a single Loan Account in the name of “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 Borrower’s liability for the Obligations.

Borrower Agent. Each Borrower hereby irrevocably appoints PNA InSight Health, and PNA InSight Health 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 Administrative Agent. Administrative Agent may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, 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 Notice of Borrowing, Notice of Conversion Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communication from Borrower Agentcommunication, nor shall the joint and several character of Borrowers’ ' liability for the Obligations be affected, provided that the provisions of this SECTION 4.3 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 -56- Loan Account in the name of “PNA Group, Inc.” "InSight Health Services 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 Borrower’s 's liability for the Obligations.

Borrower Agent. Each Borrower hereby irrevocably appoints PNA The Holding Company Borrower and PNA 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 Administrative Agent. Administrative Agent may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/ContinuationLoan 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 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 Notice of Borrowing, Notice of Conversion ContinuationLoan Request, instruction, report, information, Borrowing Base Certificate or other notice or communication from Borrower Agentcommunication, nor shall the joint and several character of Borrowers’ ' liability for the Obligations be affected, provided that the provisions of this Section 4.10 shall not be construed so as to preclude either a 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 loan account in the name of “PNA Group"Euronet 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 Borrower’s 's liability for the Obligations.

Borrower Agent. Each Borrower hereby irrevocably appoints PNA Euramax, and 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 Notice of BorrowingFunding Notice, Notice of Conversion/ContinuationContinuation 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 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 Notice of BorrowingFunding Notice, Notice of Conversion Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communication from Borrower Agentcommunication, 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 “PNA Group"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 Borrower’s ▇▇▇▇▇▇▇▇'s liability for the Obligations.

Borrower Agent. Each Borrower hereby irrevocably appoints PNA Euronet Worldwide, Inc. and PNA 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 Administrative Agent. Administrative Agent may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/ContinuationLoan 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 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 Notice of Borrowing, Notice of Conversion ContinuationLoan Request, instruction, report, information, Borrowing Base Certificate or other notice or communication from Borrower Agentcommunication, nor shall the joint and several character of Borrowers’ ' liability for the Obligations be affected, provided that the provisions of this Section 4.10 shall not be construed so as to preclude either 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 loan account in the name of “PNA Group, 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 Borrower’s 's liability for the Obligations.

Borrower Agent. Each Borrower hereby irrevocably appoints PNA IHC, and PNA 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 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 Administrative Agent. Administrative Agent may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, 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 Notice of Borrowing, Notice of Conversion Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communication from Borrower Agentcommunication, nor shall the joint and several character of Borrowers’ liability for the Obligations be affected, provided that the provisions of this 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. Administrative Agent may maintain a single Loan Account in the name of “PNA Group, 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 Borrower’s liability for the Obligations.

Borrower Agent. Each Borrower Obligor hereby irrevocably appoints PNA MasTec and PNA 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 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 Obligors (or any of them) from Administrative Agent. Administrative Agent may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, 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 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 Obligor of any such Notice of Borrowing, Notice of Conversion Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communication from Borrower Agentcommunication, nor shall the joint and several character of Borrowers’ ' liability for the Obligations be affected, provided that the provisions of this 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. Administrative Agent may maintain a single Loan Account in the name of “PNA Group, 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 Borrower’s 's liability for the Obligations.

Borrower Agent. Each Borrower Obligor hereby irrevocably appoints PNA MasTec and PNA 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 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 Obligors (or any of them) from Administrative Agent. Administrative Agent may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, 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 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 Obligor of any such Notice of Borrowing, Notice of Conversion Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communication from Borrower Agentcommunication, nor shall the joint and several character of Borrowers’ liability for the Obligations be affected, provided that the provisions of this 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. Administrative Agent may maintain a single Loan Account in the name of “PNA Group, 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 Borrower’s liability for the Obligations.

Borrower Agent. Each Borrower hereby irrevocably appoints PNA Transit -------------- Group, and PNA 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 Administrative AgentLender. Administrative Agent Lender may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, disbursement instructions, reports, information, Borrowing Base Certificate information or any other notice or communication made or given by Borrower Agent]Transit Group, whether in its own name, on behalf of any Borrower or on behalf of “"the Borrowers,” " and Administrative 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 Notice of Borrowing, Notice of Conversion Continuationrequest, instruction, report, information, Borrowing Base Certificate or other notice or communication from Borrower Agentcommunication, 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 2.3 shall not be construed so as to preclude any Borrower from directly requesting Revolving Loans or taking other actions permitted to be taken by "a Borrower" hereunder. Administrative Agent may Lender intends to maintain a single Loan Account loan account in the name of “PNA "Transit 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 Borrower’s 's liability for the Revolving Loans and other Obligations.