Common use of Borrower Representative Clause in Contracts

Borrower Representative. Phreesia hereby (i) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing Notices of Borrowings, Notices of Conversion/Continuation, L/C Requests and Swingline Requests, delivering certificates including Compliance Certificates, Consolidated Borrowing Base Certificates, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Appears in 2 contracts

Sources: Credit Agreement (Phreesia, Inc.), Credit Agreement (Phreesia, Inc.)

Borrower Representative. Phreesia Each Borrower hereby designates EquityCo II as the Borrower Representative (ias defined in the Amended Loan Agreement) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing Notices of Borrowings, Notices of Conversion/Continuation, L/C Requests and Swingline Funding Requests, delivering certificates including Compliance Certificates, Consolidated Borrowing Base Certificates, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate optionsAdvances, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents (as defined in the Amended Loan Agreement) and taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. The Borrower Representative ▇▇▇▇▇▇ accepts such appointment. The Lenders and the Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers, and may give any notice or communication required or permitted to be given to any Borrower or Borrowers hereunder to Borrower Representative on behalf of such Borrower or Borrowers. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: First Amendment (Versity Invest, LLC)

Borrower Representative. Phreesia Each Borrower hereby appoints ___________________________________________________ (i) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) as its representative and (ii) agent, and Borrower Representative accepts such appointment as the Borrower Representative, in each caseappointment, for the purposes of issuing Notices of Borrowings, Notices of Conversion/Continuation, L/C Requests (i) making the Initial Draw request and Swingline Requests, delivering certificates including Compliance Certificates, Consolidated Borrowing Base Certificates, giving instructions with respect to the disbursement each subsequent request for an Advance of the proceeds of the LoansLoan, selecting interest rate optionsincluding giving Lender disbursement instructions, wire and deposit instructions, and telephonic confirmations; (ii) delivering certificates, including compliance certificates; (iii) [Intentionally Deleted]; (iv) giving and receiving all other notices and consents hereunder or under any of the other Loan Documents Documents; (v) requesting and providing information with respect to accounts payable matters; financial reporting matters, property tax matters (if applicable); insurance matters, and all other account servicing matters; and (vi) taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan DocumentsDocuments or otherwise with respect to the Loan. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: Construction Loan Agreement (Owens Realty Mortgage, Inc.)

Borrower Representative. Phreesia Each Borrower and each other Credit Party hereby (i) is designated and appointed by each Borrower designates ▇▇ ▇▇ as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing Notices of Borrowings, Revolving Credit Advances and Notices of Conversion/Continuation, L/C Requests Compliance and Swingline Requests, delivering certificates including Compliance Certificates, Consolidated Borrowing Base Certificates, Excess Cash Flow Certificates giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents, entering into amendments, consents, waivers and other modifications in respect of any of the Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower Borrowers or the Borrowers other Credit Parties under the Loan Documents. Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all BorrowersBorrowers and/or Credit Parties, as applicable. Each warranty, covenant, agreement and undertaking made on its behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and/or Credit Parties, as applicable, and shall be binding upon and enforceable against such Borrower and/or Credit Parties, as applicable, to the same extent as it if the same had been made directly by such BorrowerBorrower and/or Credit Parties, as applicable.

Appears in 1 contract

Sources: Credit Agreement (Green Plains Inc.)

Borrower Representative. Phreesia Each Borrower hereby (i) is designated designates and appointed by each appoints Borrower Representative as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing Notices of Borrowings, Notices of Conversion/ContinuationContinuation – BA Rate, Notices of Conversion/Continuation - LIBOR, L/C Requests and Swingline Requests, delivering certificates including Compliance Certificates, Consolidated Certificates and Combined Borrowing Base Certificates, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: Credit Agreement (Tembec Industries Inc)

Borrower Representative. Phreesia Real Alloy Recycling hereby (i) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing Notices of Borrowings, Notices of Conversion/Continuation, L/C Requests and U.S. Swingline Requests, delivering certificates including Compliance Certificates, Consolidated Applicable Margin Certificates and Borrowing Base Certificates, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower Borrower, the Borrowers, any Credit Party or the Borrowers Credit Parties under the Loan Documents. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all BorrowersCredit Parties. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower Credit Party by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower Credit Party and shall be binding upon and enforceable against such Borrower Credit Party to the same extent as if the same had been made directly by such BorrowerCredit Party.

Appears in 1 contract

Sources: Revolving Credit Agreement (Signature Group Holdings, Inc.)

Borrower Representative. Phreesia Each Borrower hereby (i) is designated and appointed by each designates the Borrower Representative as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of (a) issuing Notices of Borrowingsany borrowing notices and conversion/continuation notices, Notices of Conversion/Continuation, L/C Requests and Swingline Requests, delivering certificates including Compliance Certificatesrequired under the Loan Documents, Consolidated Borrowing Base Certificates, (b) giving instructions with respect to the disbursement of the proceeds of the LoansLoans and the Bonds, (c) selecting interest rate options, (d) giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and (e) taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. The Borrower Representative hereby accepts such appointment. Each Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from each and all Borrowers, and may give any notice or communication required or permitted to be given to any Borrower or Borrowers hereunder to the Borrower Representative on behalf of such Borrower or Borrowers. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: Credit Agreement (Macquarie Infrastructure Corp)

Borrower Representative. Phreesia Each Borrower hereby appoints CDOR Atl Indy, a Delaware limited liability company (i) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) as its representative and (ii) agent, and Borrower Representative accepts such appointment as the Borrower Representative, in each caseappointment, for the purposes of issuing Notices of Borrowings(i) making the Closing Draw Request, Notices of Conversion/Continuationincluding giving Lender disbursement instructions, L/C Requests wire and Swingline Requestsdeposit instructions, and telephonic confirmations; (ii) delivering certificates certificates, including Compliance Certificates, Consolidated Borrowing Base Certificates, giving instructions with respect to the disbursement of the proceeds of the Loans, compliance certificates; (iii) selecting interest rate options, if applicable; (iv) giving and receiving all other notices Notices and consents hereunder or under any of the other Loan Documents Documents; (v) requesting and providing information with respect to accounts payable matters; financial reporting matters, property tax matters (if applicable); insurance matters, and all other account servicing matters; and (vi) taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan DocumentsDocuments or otherwise with respect to the Loan. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: Loan Agreement (Condor Hospitality Trust, Inc.)

Borrower Representative. Phreesia Each Borrower hereby (i) is designated and appointed by each Borrower designates CCH as its representative and agent on its behalf (in such capacity, the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing Notices of Borrowings, Notices of Conversion/Continuation, L/C Requests and Swingline Borrowing Requests, delivering certificates including Compliance Certificates, Consolidated Borrowing Base Certificatesnotices of continuation, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower one or more of the Borrowers under or in connection with the Loan Documents. The Borrower Representative hereby accepts such appointment. The Administrative Agent, each Issuing Bank, the Collateral Agent and each Lender may regard any notice or other communication pursuant to in connection with any Loan Document from the Borrower Representative as a notice or communication from all the applicable Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as it if the same had been made directly by such Borrower. No dispute among any one or more of the Borrowers and the Borrower Representative shall in any way affect any provision of the Loan Documents or any obligation of a Borrower or the Borrower Representative thereunder or in connection therewith.

Appears in 1 contract

Sources: Credit Agreement (Mariner, LLC)

Borrower Representative. Phreesia Each Borrower hereby (i) is designated and appointed by each Borrower designates ▇▇▇▇▇▇ as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing Notices Notice of BorrowingsRevolving Credit Advances, Notices Notice of Alternative Currency Revolving Credit Advances and Notice of Conversion/Continuation, L/C Requests and Swingline Requests, delivering certificates including Compliance Certificates, Consolidated Borrowing Base Certificates, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on its behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as it if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: Credit Agreement (Vertis Inc)

Borrower Representative. Phreesia Each Borrower hereby appoints ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ TRS, LLC (i) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) as its representative and (ii) agent, and Borrower Representative accepts such appointment as the Borrower Representative, in each caseappointment, for the purposes of issuing Notices of Borrowings(i) making the Closing Draw Request, Notices of Conversion/Continuationincluding giving Lender disbursement instructions, L/C Requests wire and Swingline Requestsdeposit instructions, and telephonic confirmations; (ii) delivering certificates certificates, including Compliance Certificates, Consolidated Borrowing Base Certificates, giving instructions with respect to the disbursement of the proceeds of the Loans, compliance certificates; (iii) selecting interest rate options, if applicable; (iv) giving and receiving all other notices Notices and consents hereunder or under any of the other Loan Documents Documents; (v) requesting and providing information with respect to accounts payable matters; financial reporting matters, property tax matters (if applicable); insurance matters, and all other account servicing matters; and (vi) taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan DocumentsDocuments or otherwise with respect to the Loan. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: Loan Agreement (Lodging Fund REIT III, Inc.)

Borrower Representative. Phreesia Each Borrower hereby (i) is designated and appointed by each designates Geospace as the “Borrower as Representative” to be its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing Notices of Borrowings, Notices of Conversion/Continuation, L/C Requests and Swingline Borrowing Requests, delivering certificates including Compliance Certificatesrequests for Swingline Loans, Consolidated Borrowing Base Certificatesand LC Applications, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate optionsthe Swingline Loans, and the issuance of LCs, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents Documents, and taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Borrower Representative ▇▇▇▇▇▇ accepts such appointment. Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers, and may give any notice or communication required or permitted to be given to any Borrower or Borrowers hereunder to Borrower Representative on behalf of such Borrower or Borrowers. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: Credit Agreement (Geospace Technologies Corp)

Borrower Representative. Phreesia RNL hereby (i) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) ), and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing Notices of Borrowings, Notices of Conversion/Continuation, L/C Requests and Swingline Requests, delivering certificates including Compliance Certificates, Consolidated Borrowing Base Joint Venture Certificates, and Permitted Dividend/Distribution Certificates, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: Credit Agreement (Rentech Nitrogen Partners, L.P.)

Borrower Representative. Phreesia Each Borrower hereby (i) is designated designates and appointed by each Borrower appoints Holdings as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing Notices of BorrowingsBorrowing, Notices of Conversion/Continuation, L/C Requests Continuation and Swingline Requests, delivering certificates including Compliance Certificates, Consolidated Borrowing Base Certificates, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Borrower Representative ▇▇▇▇▇▇ accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: Credit Agreement

Borrower Representative. Phreesia Each Borrower hereby appoints CDOR Jax Court, a Delaware limited liability company (i) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) as its representative and (ii) agent, and Borrower Representative accepts such appointment as the Borrower Representative, in each caseappointment, for the purposes of issuing Notices of Borrowings(i) making the Closing Draw Request, Notices of Conversion/Continuationincluding giving Lender disbursement instructions, L/C Requests wire and Swingline Requestsdeposit instructions, and telephonic confirmations; (ii) delivering certificates certificates, including Compliance Certificates, Consolidated Borrowing Base Certificates, giving instructions with respect to the disbursement of the proceeds of the Loans, compliance certificates; (iii) selecting interest rate options, if applicable; (iv) giving and receiving all other notices Notices and consents hereunder or under any of the other Loan Documents Documents; (v) requesting and providing information with respect to accounts payable matters; financial reporting matters, property tax matters (if applicable); insurance matters, and all other account servicing matters; and (vi) taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan DocumentsDocuments or otherwise with respect to the Loan. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: Loan Agreement (Condor Hospitality Trust, Inc.)

Borrower Representative. Phreesia LHC hereby (i) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing Notices of Borrowings, Notices of Conversion/Continuation, Continuation and L/C Requests and Swingline Requests, delivering certificates including Compliance Certificates, Borrowing Base Certificates, Consolidated Borrowing Base Certificates, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: Credit Agreement (Legacy Housing Corp)

Borrower Representative. Phreesia Each Borrower hereby appoints LF3 SOUTHAVEN TRS, LLC (i) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) as its representative and (ii) agent, and Borrower Representative accepts such appointment as the Borrower Representative, in each caseappointment, for the purposes of issuing Notices of Borrowings(i) making the Closing Draw Request, Notices of Conversion/Continuationincluding giving Lender disbursement instructions, L/C Requests wire and Swingline Requestsdeposit instructions, and telephonic confirmations; (ii) delivering certificates certificates, including Compliance Certificates, Consolidated Borrowing Base Certificates, giving instructions with respect to the disbursement of the proceeds of the Loans, compliance certificates; (iii) selecting interest rate options, if applicable; (iv) giving and receiving all other notices Notices and consents hereunder or under any of the other Loan Documents Documents; (v) requesting and providing information with respect to accounts payable matters; financial reporting matters, property tax matters (if applicable); insurance matters, and all other account servicing matters; and (vi) taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan DocumentsDocuments or otherwise with respect to the Loan. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: Loan Agreement (Lodging Fund REIT III, Inc.)

Borrower Representative. Phreesia Apio hereby (i) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing Notices of Borrowings, Notices of Conversion/Continuation, L/C Requests and Swingline Requests, delivering certificates including Compliance Certificates, Consolidated Certificates and Borrowing Base Certificates, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: Credit Agreement (Landec Corp \Ca\)

Borrower Representative. Phreesia Parent hereby (i) is designated and appointed by each Borrower as its representative and agent on its behalf (the in such capacity, “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing Notices of BorrowingsFunding Notices, Notices of Conversion/Continuation, L/C Requests Continuation Notices and Swingline RequestsIssuance |US-DOCS\156088095.5|| Notices, delivering certificates (including Compliance Certificates, Consolidated Borrowing Base U.S. Tax Compliance Certificates), giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Credit Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Credit Documents. Agent Administrative Agent, each Lender and each Lender Issuing Bank may regard any notice or other communication pursuant to any Loan Credit Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: Credit and Guaranty Agreement (Ladder Capital Corp)

Borrower Representative. Phreesia Each Borrower hereby (i) is designated designates, appoints and appointed by each Borrower authorizes Multiband as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing Notices of Borrowings, Notices of ConversionLIBOR Rate Borrowing/Continuation, L/C Requests Conversion and Swingline LC Requests, delivering certificates including Compliance Certificates, Consolidated Borrowing Base Certificates, Certificates and Excess Cash Flow Certificates (and giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents Financing Agreements and taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan DocumentsFinancing Agreements. Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document Financing Agreement from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: Credit Agreement (Multiband Corp)