Common use of Borrowers’ Agent Clause in Contracts

Borrowers’ Agent. Each of the Borrowers other than PSS hereby appoints PSS, and PSS shall act under this Agreement, as the agent, attorney-in-fact and legal representative of such other Borrowers for all purposes, including requesting Loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Agent or any Lender. The Agent, the Letter of Credit Issuer and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion or Continuation, request for a Letter of Credit, disbursement instruction, report, information or any other notice or communication made or given by PSS, whether in its own name, as Borrowers’ Agent, on behalf of any other Borrower or on behalf of the “Borrowers”, and neither the Agent nor the Letter of Credit Issuer or any Lender shall have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such Notice, request, instruction, report, information, other notice or communications, nor shall the joint and several character of the Borrowers’ obligations hereunder be affected, provided, that the provisions of this Section 3.9 shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by a “Borrower” hereunder.

Borrowers’ Agent. Each of the Borrowers other than PSS Borrower hereby appoints PSSPRGX, and PSS PRGX shall act under this AgreementAgreement and the other Loan Documents, as as, the agent, attorney-in-fact and legal representative of such other all Borrowers for all purposes, including requesting Loans loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from Administrative Agent on behalf of the Lenders. Borrowers acknowledge and agree that all the Obligations are jointly and severally owing by the Borrowers. Administrative Agent or any Lender. The Agent, the Letter of Credit Issuer and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion or Continuation, request for a Letter of Credit, disbursement instruction, report, information or any other notice or communication made or given by PSSPRGX, whether in its own name, as Borrowers’ Agent, on behalf of any other Borrower or on behalf of the “on behalf of one or more Borrowers”, and neither the Administrative Agent nor the Letter of Credit Issuer or any Lender shall not have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such Notice, request, instruction, report, information, other notice or communicationscommunication, nor shall the joint and several character of the Borrowers’ obligations hereunder be affected, provided, that the provisions of this Section 3.9 2.27 shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by a “Borrower” hereunder.

Borrowers’ Agent. Each of the Borrowers other than PSS the Parent hereby appoints PSSthe Parent, and PSS the Parent shall act under this Agreement, as the agent, attorney-in-fact and legal representative of such other Borrowers for all purposes, including requesting Loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Administrative Agent or any LenderLender (in such capacity, the “Borrowers’ Agent”). The Agent, the Letter of Credit Issuer Administrative Agent and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion or Conversion/Continuation, request for a Letter of Credit, disbursement instruction, report, information or any other notice or communication made or given by PSSthe Parent, whether in its own name, as Borrowers’ Agent, on behalf of any other Borrower or on behalf of the “Borrowers”, and neither the Administrative Agent nor the Letter of Credit Issuer or any Lender shall have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such Notice, request, instruction, report, information, other notice or communications, nor shall the joint and several character of the Borrowers’ obligations hereunder be affected, provided, that the provisions of this Section 3.9 1.6 shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by a “Borrower” hereunder.

Borrowers’ Agent. Each of the Borrowers Borrowers, other than PSS the Company, hereby irrevocably appoints PSSthe Company, and PSS the Company shall act under this Agreement, as the agent, attorney-in-fact and legal representative of such other Borrowers for all purposes, including requesting Loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Agent or any Lender. The Agent, the Letter of Credit Issuer Issuers and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion or Continuation/Conversion, request for a Letter of Credit, disbursement instruction, report, information or any other notice or communication made or given by PSSthe Company, whether in its own name, as Borrowers’ Agent, on behalf of any other Borrower or on behalf of the “Borrowers”, and neither the Agent nor the Letter of Credit Issuer Issuers or any Lender shall have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such Noticenotice, request, instruction, report, information, other notice or communications, nor shall the joint and several character of the U.S. Borrowers’ obligations hereunder be affected, ; provided, that the provisions of this Section 3.9 4.10 shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by a “Borrower” hereunder.

Borrowers’ Agent. Each of the Borrowers Borrower other than PSS LSG hereby appoints PSSLSG, and PSS LSG shall act under this AgreementAgreement and the other Loan Documents, as as, the agent, attorney-in-fact and legal representative of such other all Borrowers for all purposes, including requesting Loans loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Agent or any Lenderand Lenders. The Agent, the Letter of Credit Issuer Agent and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion or Continuation, request for a Letter of Creditan advance, disbursement instruction, report, information or any other notice or communication made or given by PSSLSG, whether in its own name, as Borrowers’ Agent, on behalf of any other Borrower or on behalf of the “on behalf of one or more Borrowers”, and neither the Agent nor the Letter of Credit Issuer or any Lender shall have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such Notice, request, instruction, report, information, other notice or communicationscommunication, nor shall the joint and several character of the Borrowers’ obligations hereunder be affected, provided, that the provisions of this Section 3.9 paragraph shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by a “Borrower” hereunder.

Borrowers’ Agent. Each of the Borrowers other than PSS Caraustar hereby appoints PSSCaraustar, and PSS Caraustar shall act under this Agreement, as the agent, attorney-in-fact and legal representative of such other Borrowers for all purposes, including requesting Loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Agent or any Lender. The Agent, the Letter of Credit Issuer and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion or Continuation, request for a Letter of Credit, disbursement instruction, report, information or any other notice or communication made or given by PSSCaraustar, whether in its own name, as Borrowers’ Agent, on behalf of any other Borrower or on behalf of the “Borrowers”, and neither the Agent nor the Letter of Credit Issuer or any Lender shall have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such Notice, request, instruction, report, information, other notice or communications, nor shall the joint and several character of the Borrowers’ obligations hereunder be affected, provided, that the provisions of this Section 3.9 3.10 shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by a “Borrower” hereunder.

Borrowers’ Agent. Each of the Borrowers other than PSS Holdings hereby appoints PSSHoldings, and PSS Holdings shall act under this Agreement, as the agent, attorney-in-fact and legal representative of such other Borrowers for all purposes, including requesting Loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Administrative Agent or any Lender. The Administrative Agent, the Letter of Credit Issuer Issuing Bank and the Lenders may rely, and shall be fully protected in relying, on any Notice notice or communication of Borrowingany kind received from Borrowers' Agent in respect of any notice or other communication of any kind that shall or may be given hereunder by any or all of the Borrowers, Notice including without limitation notices of Conversion borrowing, notices of conversion or Continuationcontinuation, request requests for a Letter Letters of Credit, disbursement instructioninstructions, reportreports, information or any other notice or communication made or given by PSSHoldings, whether in its own name, as Borrowers’ ' Agent, on behalf of any other Borrower or on behalf of the “"Borrowers”", and neither the Administrative Agent nor the Letter of Credit Issuer or Issuing Bank nor any Lender shall have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such Noticenotice, request, instruction, report, information, or other notice or communicationscommunication, nor shall the joint and several character of the Borrowers’ ' obligations hereunder be affected, provided, that the provisions of this Section 3.9 2.14 shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by a “"Borrower” " hereunder.

Borrowers’ Agent. Each of the Borrowers other than PSS Parent hereby appoints PSSParent as, and PSS Parent shall act under this AgreementAgreement as, as the agent, attorney-in-fact and legal representative of such other Borrowers for all purposes, including requesting Loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Agent or any Lender. The Agent, the Letter of Credit Issuer Agent and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion or Continuation, request for a Letter of Credit, disbursement instruction, report, information or any other notice or communication made or given by PSSParent, whether in its own name, as Borrowers’ ' Agent, on behalf of any other Borrower or on behalf of "the “Borrowers”", and neither the Agent nor the Letter of Credit Issuer or any Lender shall have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such Notice, request, instruction, report, information, other notice or communications, nor shall the joint and several character of the U.S. Borrowers’ ' obligations hereunder be affected, provided, PROVIDED that the provisions of this Section 3.9 SECTION 3.16 shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by "a “Borrower” " hereunder.

Borrowers’ Agent. Each of the Borrowers other than PSS Supreme hereby appoints PSSSupreme as, and PSS Supreme shall act under this AgreementAgreement as, as the agent, attorney-in-fact and legal representative of such other Borrowers for all purposes, including requesting Loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Agent or any Lender. The Agent, the Letter of Credit Issuer Agent and the Lenders may rely, and shall be fully protected in relying, on any Notice notice of Borrowingborrowing, Notice notice of Conversion conversion or Continuation, request for a Letter of Creditcontinuation, disbursement instruction, report, information or any other notice or communication made or given by PSSSupreme, whether in its own name, as Borrowers’ Agent, on behalf of any other Borrower or on behalf of "the “Borrowers”", and neither the Agent nor the Letter of Credit Issuer or any Lender shall have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower Borrowers as to the binding effect on it of any such Noticenotice, request, instruction, report, information, other notice or communications, nor shall the joint and several character of the Borrowers’ obligations hereunder ' liability for the Secured Obligations be affected, provided, PROVIDED that the provisions of this Section 3.9 SECTION 5.13 shall not be construed so as to preclude any Borrower from directly requesting Loans or taking other actions permitted to be taken by "a “Borrower” " hereunder. The Agent and each Lender intend to maintain a single Loan Account in the name of "Supreme International Corporation" 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 its liability for the Secured Obligations.

Borrowers’ Agent. Each of the Borrowers other than PSS Parent hereby appoints PSSParent, and PSS Parent shall act under this Agreement, as the agent, attorney-in-fact and legal representative of such other Borrowers for all purposes, including requesting Loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Collateral Agent or any Lender. The Collateral Agent, the Letter of Credit Issuer and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion or Continuation, request for a Letter of Credit, disbursement instruction, report, information or any other notice or communication made or given by PSSParent, whether in its own name, as Borrowers’ Agent, on behalf of any other Borrower or on behalf of the “"Borrowers”", and neither the Collateral Agent nor the Letter of Credit Issuer or any Lender shall have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such Notice, request, instruction, report, information, other notice or communications, nor shall the joint and several character of the Borrowers’ obligations hereunder be affected, provided, that the provisions of this Section 3.9 3.11 shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by a “"Borrower” " hereunder.

Borrowers’ Agent. Each of the Borrowers Borrowers, other than PSS the Company, hereby irrevocably appoints PSSthe Company, and PSS the Company shall act under this Agreement, as the agent, attorney-in-fact and legal representative of such other Borrowers for all purposes, including requesting Loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Agent Agent, any Letter of Credit Issuer or any Lender. The Agent, the Letter of Credit Issuer Issuers and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion or Continuation/Conversion, request for a Letter of Credit, disbursement instruction, report, information or any other notice or communication made or given by PSSthe Company, whether in its own name, as Borrowers’ Agent, on behalf of any other Borrower or on behalf of the “Borrowers”, and neither the Agent nor the Letter of Credit Issuer Issuers or any Lender shall have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such Noticenotice, request, instruction, report, information, other notice or communications, nor shall the joint and several character of the Borrowers’ obligations hereunder be affected, provided, communication; provided that the provisions of this Section 3.9 4.10 shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by a “Borrower” Borrower hereunder. 4.11 [Intentionally Omitted].

Borrowers’ Agent. Each of Simply, Inc. and Simply Mac, Inc. agree that the Borrowers other than PSS term “Borrower” as used in this Agreement means each of them, both individually and collectively, as appropriate in the context in which such term is used. Accordingly, as appropriate, the term “Borrower” as it appears in the Loan Documents shall also be read as the term “Borrowers.” Simply, Inc. and Simply Mac, Inc. hereby appoints PSSappoint Simply, Inc. as the administrative borrower (the “Administrative Borrower”) and PSS Administrative Borrower shall act under this AgreementAgreement and the other Loan Documents as, as the agent, attorney-in-fact and legal representative of such other all Borrowers for all purposes, including requesting Loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Agent or any Lender. The Agent, the Letter of Credit Issuer and the Lenders Lender may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion or Continuation, request for a Letter of CreditLoan, disbursement instruction, report, information or any other notice or communication made or given by PSSAdministrative Borrower, whether in its own name, as Borrowers’ Agentagent, on behalf of any other Borrower or on behalf of the “one or more Borrowers”, and neither the Agent nor the Letter of Credit Issuer or any Lender shall not have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such Notice, request, instruction, report, information, other notice or communicationscommunication, nor shall the joint and several character of the Borrowers’ obligations hereunder under the Loan Agreement and the other Loan Documents be affected, provided, that the provisions provision of this Section 3.9 section shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by a “Borrower” hereunderunder the Loan Agreement or any other Loan Document.

Borrowers’ Agent. Each of the Borrowers Borrowers, other than PSS the Company, hereby irrevocably appoints PSSthe Company, and PSS the Company shall act under this Agreement, as the agent, attorney-in-fact and legal representative of such other Borrowers for all purposes, including requesting Loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Agent Agent, any Letter of Credit Issuer or any Lender. The Agent, the Letter of Credit Issuer Issuers and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion or Continuation/Conversion, request for a Letter of Credit, disbursement instruction, report, information or any other notice or communication made or given by PSSthe Company, whether in its own name, as Borrowers’ Agent, on behalf of any other Borrower or on behalf of the “Borrowers”, and neither the Agent nor the Letter of Credit Issuer Issuers or any Lender shall have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such Noticenotice, request, instruction, report, information, other notice or communicationscommunication, nor shall the joint and several character of the U.S. Borrowers’ obligations hereunder be affected, ; provided, that the provisions of this Section 3.9 4.9 shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by a “Borrower” hereunder.

Borrowers’ Agent. Each of the Borrowers other than PSS hereby appoints PSSappoint ForeFront Group, and PSS ForeFront Group shall act under this Agreementthe Loan Agreement and the other Loan Documents as, as the agent, attorney-in-fact and legal representative of such other all Borrowers for all purposes, including requesting Loans advances and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Agent or any Lender. The Agent, the Letter of Credit Issuer and the Lenders Lender may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion or Continuation, request for a Letter of Creditan advance, disbursement instruction, report, information or any other notice or communication made or given by PSSForeFront Group, whether in its own name, as Borrowers’ Agent, on behalf of any other Borrower or on behalf of the “one or more Borrowers”, and neither the Agent nor the Letter of Credit Issuer or any Lender shall not have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such Notice, request, instruction, report, information, other notice or communicationscommunication, nor shall the joint and several character of the Borrowers’ obligations hereunder under the Loan Agreement and the other Loan Documents be affected, provided, that the provisions of this Section 3.9 paragraph shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by a “Borrower” hereunderunder the Loan Agreement or any other Loan Document.

Borrowers’ Agent. Each of the Borrowers Borrowers, other than PSS the Company, hereby irrevocably appoints PSSthe Company, and PSS the Company shall act under this Agreement, as the agent, attorney-in-fact and legal representative of such other Borrowers for all purposes, including requesting Loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Agent Agent, any Letter of Credit Issuer or any Lender. The Agent, the Letter of Credit Issuer Issuers and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion or Continuation/Conversion, request for a Letter of Credit, disbursement instruction, report, information or any other notice or communication made or given by PSSthe Company, whether in its own name, as Borrowers’ Agent, on behalf of any other Borrower or on behalf of the “Borrowers”, and neither the Agent nor the Letter of Credit Issuer Issuers or any Lender shall have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such Noticenotice, request, instruction, report, information, other notice or communications, nor shall the joint and several character of the U.S. Borrowers’ obligations hereunder be affected, ; provided, that the provisions of this Section 3.9 4.10 shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by a “Borrower” hereunder.