Borrowers’ Representative. Each Borrower hereby irrevocably appoints SRC and SRC agrees to act under this Agreement, as the agent and representative of SRC and each other Borrower for all purposes under this 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 Agent. 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 SRC, 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 Notice 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 3.3 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. Agent may maintain a single Loan Account in the name of “SRC” hereunder, and each future Borrower shall be deemed to have agreed to such arrangement and to have confirmed that such arrangement shall have no effect on the joint and several character of such Borrower’s liability for the Obligations.
Appears in 2 contracts
Sources: Loan and Security Agreement (Standard Register Co), Loan and Security Agreement (Standard Register Co)
Borrowers’ Representative. Each Borrower hereby irrevocably appoints SRC Parent and SRC Parent agrees to act under this Agreement, as the agent and representative of SRC itself and each other Borrower for all purposes under this 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 Agent. 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 SRCParent, 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 Notice of Borrowing, Notice of Conversion 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 3.3 3.4 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 “SRCIntegrated Electrical Services, Inc.” hereunder, and each future Borrower shall be deemed to have agreed expressly agrees to such arrangement and to have confirmed confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s liability for the Obligations.
Appears in 2 contracts
Sources: Loan and Security Agreement (Integrated Electrical Services Inc), Loan and Security Agreement (Integrated Electrical Services Inc)
Borrowers’ Representative. Each Borrower hereby irrevocably appoints SRC Dyersburg, and SRC Dyersburg agrees to act under this Agreement, as the agent and representative of SRC itself and each other Borrower for all purposes under this Agreement, including requesting Borrowings, selecting whether any Revolving Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Rate Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from AgentAgents. Agent Agents 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 SRCDyersburg, whether in its own name, on behalf of any Borrower or on behalf of “"the Borrowers,” " and Agent neither Agents nor Lenders shall have no any 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, nor shall the joint and several character of Borrowers’ ' liability for any of the Loans or other Obligations be affected, provided that the provisions of this Section 3.3 SECTION 2.5 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 Lenders intend to maintain a single Loan Account in the name of “SRC” "Dyersburg Corporation" hereunder, and each future Borrower shall be deemed to have agreed expressly agrees to such arrangement and to have confirmed confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the ObligationsRevolving Loans.
Appears in 1 contract
Borrowers’ Representative. Each Borrower hereby irrevocably appoints SRC Dyersburg, and SRC Dyersburg agrees to act under this Agreement, as the agent and representative of SRC itself and each other Borrower for all purposes under this Agreement, including requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Rate Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from AgentAgents. Agent Agents 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 SRCDyersburg, whether in its own name, on behalf of any Borrower or on behalf of “"the Borrowers,” " and Agent neither Agents nor Lenders shall have no any 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, nor shall the joint and several character of Borrowers’ ' liability for any of the Loans or other Obligations be affected, provided that the provisions of this Section 3.3 SECTION 2.5 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 Lenders intend to maintain a single Loan Account in the name of “SRC” "Dyersburg Corporation" hereunder, and each future Borrower shall be deemed to have agreed expressly agrees to such arrangement and to have confirmed confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the ObligationsRevolving Loans.
Appears in 1 contract
Borrowers’ Representative. Each Borrower hereby irrevocably appoints SRC ▇▇▇▇ Companies and SRC ▇▇▇▇ Companies agrees to act under this Agreement, as the agent and representative of SRC itself and each other Borrower for all purposes under this 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 Agent. 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 SRC▇▇▇▇ Companies, 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 Notice 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 3.3 3.4 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 “SRC▇▇▇▇ Companies” hereunder, and each future Borrower shall be deemed to have agreed expressly agrees to such arrangement and to have confirmed confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s liability for the Obligations.
Appears in 1 contract
Borrowers’ Representative. Each Borrower hereby irrevocably appoints SRC Tropical and SRC Tropical agrees to act under this Agreement, as the agent Agent and representative of SRC itself and each other Borrower for all purposes under this 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 Agent. 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 information or any other notice or communication made or given by SRCTropical, 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 Notice of Borrowing, 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 the Obligations Revolver Loans be affected, provided that the provisions of this Section 3.3 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 intends to maintain a single Loan Account in the name of “SRC” "Tropical Sportswear Int'l Corporation" hereunder, and each future Borrower shall be deemed to have agreed expressly agrees to such arrangement and to have confirmed confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the ObligationsRevolver Loans.
Appears in 1 contract
Sources: Loan and Security Agreement (Tropical Sportswear Co Inc)
Borrowers’ Representative. Each Borrower hereby irrevocably appoints SRC Remington, and SRC Remington agrees to act under this AgreementAgreement as, as the agent and representative of SRC itself and each other Borrower Factors for all purposes under this Agreement, including requesting Borrowings, selecting whether any Revolver Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Euro-Dollar Loan, and receiving account statements and other notices and communications to Borrowers (or any either of them) from Agent. 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 SRCRemington, whether 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 Notice 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 3.3 4.4 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. All Revolver Loans disbursed to the account of either Borrower shall be deemed to have been made to and for the joint benefit of both Borrowers. Agent may maintain a single Loan Account in the name of “SRC” hereunder"Remington Arms Company, Inc.," and each future Borrower shall be deemed to have agreed expressly agrees to such arrangement and to have confirmed confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the Obligations.
Appears in 1 contract
Borrowers’ Representative. Each Borrower hereby irrevocably appoints SRC ProxyMed as, and SRC agrees to ProxyMed shall act under this AgreementAgreement as, as the agent and representative of SRC itself and each other Borrower for all purposes under this Agreement, including requesting BorrowingsLoans, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan, a LMIR Loan or a LIBOR Loan, submitting Borrowing Base Certificates and receiving account statements and other notices and communications to Borrowers (or any of them) from AgentBank. Agent Bank may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice notice of Conversion/Continuationconversion or continuation, disbursement instructions, reports, information, Borrowing Base Certificate information or any other notice or communication made or given by SRCProxyMed, whether in its own name, on behalf of any Borrower or on behalf of “"the Borrowers,” " and Agent Bank 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, nor shall the joint and several character of Borrowers’ ' liability for the Obligations be affected, provided that the provisions of this Section 3.3 4.3 shall not be construed so as to preclude any Borrower from directly requesting Borrowings Loans or taking other actions permitted to be taken by “"a Borrower” " hereunder. Agent Bank may maintain a single Loan Account loan account in the name of “SRC” "ProxyMed" hereunder, and each future Borrower shall be deemed to have agreed expressly agrees to such arrangement and to have confirmed confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the Obligations.
Appears in 1 contract
Sources: Loan and Security Agreement (Proxymed Inc /Ft Lauderdale/)
Borrowers’ Representative. Each Borrower hereby irrevocably appoints SRC ProxyMed, Inc. as, and SRC agrees to ProxyMed, Inc. shall act under this AgreementAgreement as, as the agent and representative of SRC itself and each other Borrower for all purposes under this Agreement, including requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Euro-Dollar 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 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 SRCProxyMed, Inc., 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 Notice of Borrowing, 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 the Obligations be affected, provided that the provisions of this Section 3.3 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. Agent Lender may maintain a single Loan Account in the name of “SRC” "ProxyMed" hereunder, and each future Borrower shall be deemed to have agreed expressly agrees to such arrangement and to have confirmed confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the Obligations.
Appears in 1 contract
Sources: Loan and Security Agreement (Proxymed Inc /Ft Lauderdale/)
Borrowers’ Representative. Each Borrower ASB hereby irrevocably appoints SRC GSS, ------------------------- and SRC GSS agrees to act under this Agreement, as the agent and representative of SRC itself and each other Borrower ASB for all purposes under this 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 either of them) from AgentAgent or Lenders. Agent and Lenders 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 SRCGSS, whether in its own name, on behalf of any Borrower ASB or on behalf of “"the Borrowers,” " and neither Agent nor any Lender shall have no any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower ASB as to the binding effect on such Borrower ASB of any such Notice of Borrowing, 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 the Obligations Loans be affected, provided that the provisions of this Section 3.3 3.4 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 and Lenders intend to maintain a single Loan Account in the name of “SRC” "Gulf States Steel, Inc. of Alabama" hereunder, and each future Borrower shall be deemed to have agreed expressly agrees to such arrangement and to have confirmed confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the ObligationsLoans.
Appears in 1 contract
Sources: Loan and Security Agreement (Gulf States Steel Inc /Al/)
Borrowers’ Representative. Each Borrower hereby irrevocably appoints SRC APB as, and SRC agrees to APB shall act under this AgreementAgreement as, as the agent and representative of SRC itself and each other Borrower for all purposes under this 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 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 SRCAPB, 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 Notice of Borrowing, 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 the Obligations Revolver Loans be affected, provided that the provisions of this Section 3.3 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. Agent Lender may to maintain a single Loan Account in the name of “SRC” "APB" hereunder, and each future Borrower shall be deemed to have agreed expressly agrees to such arrangement and to have confirmed confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the ObligationsRevolver Loans.
Appears in 1 contract
Sources: Loan and Security Agreement (Atlantic Premium Brands LTD)
Borrowers’ Representative. Each Borrower hereby irrevocably appoints SRC SED as, and SRC agrees to SED shall act under this AgreementAgreement as, as the agent and representative of SRC itself and each other Borrower for all purposes under this 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 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 SRCSED, 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 Notice of Borrowing, 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 the Obligations be affected, provided that the provisions of this Section SECTION 3.3 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. Agent Lender may maintain a single Loan Account in the name of “SRC” "SED International, Inc." hereunder, and each future Borrower shall be deemed to have agreed expressly agrees to such arrangement and to have confirmed confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the Obligations.
Appears in 1 contract
Sources: Loan and Security Agreement (Sed International Holdings Inc)
Borrowers’ Representative. Each Borrower hereby irrevocably appoints SRC Parent and SRC Parent agrees to act under this Agreement, as the agent and representative of SRC itself and each other Borrower for all purposes under this 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 Agent. 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 SRCParent, 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 Notice of Borrowing, Notice of Conversion 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 3.3 3.4 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 “SRC” "Integrated Electrical Services, Inc." hereunder, and each future Borrower shall be deemed to have agreed expressly agrees to such arrangement and to have confirmed confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the Obligations.
Appears in 1 contract
Sources: Loan and Security Agreement (Integrated Electrical Services Inc)
Borrowers’ Representative. Each Borrower of the Borrowers other than AAS hereby irrevocably appoints SRC AAS as, and SRC agrees to AAS shall act under this AgreementAgreement as, as the agent and representative of SRC and each such other Borrower Borrowers for all purposes under this Agreementpurposes, including including, without being limited to, requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, Borrowings and receiving account statements and other notices and communications to the Borrowers (or any of them) from Agentthe Agent or any Lender. The Agent and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Conversion or Continuation, disbursement instructionsinstruction, reportsreport, information, Borrowing Base Certificate information or any other notice or communication made or given by SRCAAS, whether in its own name, on behalf of any other Borrower or on behalf of “"the Borrowers,” " and neither the Agent nor any Lender shall have no 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 such Borrower it of any such Notice of Borrowing, Notice of Conversion ContinuationNotice, instruction, report, information, Borrowing Base Certificate or other notice or communicationcommunications, nor shall the joint and several character of the Borrowers’ ' liability for the Secured Obligations be affected, provided that the provisions of this Section 3.3 4.17 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. The Agent may and each Lender intend to maintain a single Loan Account in the name of “SRC” hereunder"American Aircarriers Support, Incorporated" hereunder and each future Borrower shall be deemed to have agreed expressly agrees to such arrangement and to have confirmed confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s its liability for the Secured Obligations.
Appears in 1 contract
Sources: Loan and Security Agreement (American Aircarriers Support Inc)
Borrowers’ Representative. Each Borrower of LFA, Holding, Wallace, Towle, Silvestri, Rauch, Rochard, Holiday and Farberware hereby irrevocably appoints SRC Syratech and SRC agrees to Syratech shall act under this AgreementAgreement as, as the agent and representative of SRC and each such other Borrower Borrowers for all purposes under this Agreementpurposes, including including, without being limited to, requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, Borrowings and receiving account statements and other notices and communications to the Borrowers (or any of them) from Agentthe Administrative Agent or any Lender. The Administrative Agent and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Conversion or Continuation, disbursement instructionsinstruction, reportsreport, information, Borrowing Base Certificate information or any other notice or communication made or given by SRCSyratech, whether in its own name, on behalf of any other Borrower or on behalf of “"the Borrowers,” " and neither the Administrative Agent nor any Lender shall have no any 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 it of any such Notice of Borrowing, Notice of Conversion ContinuationNotice, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of the Borrowers’ ' liability for the Secured Obligations be affected, provided that the provisions of this Section 3.3 4.17 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. The Administrative Agent may and each Lender intend to maintain a single Loan Account in the name of “SRC” hereunder, "Syratech Corporation" hereunder and each future Borrower shall be deemed to have agreed expressly agrees to such arrangement and to have confirmed confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s its liability for the Secured Obligations.
Appears in 1 contract
Borrowers’ Representative. Each Borrower hereby irrevocably appoints SRC Tropical, and SRC Tropical agrees to act under this Agreement, as the agent and representative of SRC itself and each other Borrower for all purposes under this 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 Agent. 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 SRCTropical, 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 Notice 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 3.3 SECTION 3.4 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 “SRC” "Tropical Sportswear Int'l Corporation" hereunder, and each future Borrower shall be deemed to have agreed expressly agrees to such arrangement and to have confirmed confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the Obligations.
Appears in 1 contract
Sources: Loan and Security Agreement (Tropical Sportswear International Corp)
Borrowers’ Representative. Each Borrower hereby irrevocably appoints SRC SRC, and SRC agrees to act under this Agreement, as the agent and representative of SRC and each other Borrower for all purposes under this Agreement, including requesting Borrowings, selecting whether any Revolver 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 DIP Agent. DIP 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 Certificate, or any other notice or communication made or given by SRC, whether in its own name, on behalf of any Borrower Borrower, or on behalf of “the Borrowers,” and DIP 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 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 3.3 3.4 shall not be construed so as to preclude any U.S. Borrower from directly requesting Borrowings or any Borrower from taking other actions permitted to be taken by “a Borrower” hereunder. DIP Agent may maintain a single Loan Account in the name of “SRC” hereunder, and each future Borrower shall be deemed to have agreed to such arrangement and to have confirmed that such arrangement shall have no effect on the joint and several character of such Borrower’s liability for the Obligations.
Appears in 1 contract
Sources: Post Petition Loan and Security Agreement (Standard Register Co)
Borrowers’ Representative. Each Borrower hereby irrevocably appoints SRC and SRC agrees to act under this Agreement, as the agent and representative of SRC and each other Borrower for all purposes under this 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 Agent. 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 SRC, 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 Notice 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 3.3 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. Agent may maintain a single Loan Account in the name of “SRC” hereunder, and each future Borrower shall be deemed to have agreed to such arrangement and to have confirmed that such arrangement shall have no effect on the joint and several character of such Borrower’s liability for the Obligations.
Appears in 1 contract
Borrowers’ Representative. Each Borrower hereby irrevocably appoints SRC Borrower Agent and SRC Borrower Agent agrees to act under this Agreement, as the agent and representative of SRC itself and each other Borrower for all purposes under this Agreement, including requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Prime Rate Loan or a LIBOR an Eurodollar 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 Notice notice of Borrowing, Notice of Conversion/Continuationborrowing, disbursement instructions, reports, information, Borrowing Base Certificate information or any other notice or communication made or given by SRCBorrower 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 Notice of Borrowing, 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 the Obligations be affected, provided that the provisions of this Section 3.3 SECTION 6.12 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 “SRC” "Kirkland's Stores, Inc." hereunder, and each future Borrower shall be deemed to have agreed expressly agrees to such arrangement and to have confirmed confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the Obligations.
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Borrowers’ Representative. Each Borrower hereby irrevocably appoints SRC Borrower Agent and SRC Borrower Agent agrees to act under this Agreement, as the agent and representative of SRC itself and each other Borrower for all purposes under this Agreement, including requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Prime Rate Loan or a LIBOR an Libordollar 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 Notice notice of Borrowing, Notice of Conversion/Continuationborrowing, disbursement instructions, reports, information, Borrowing Base Certificate information or any other notice or communication made or given by SRCBorrower 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 Notice of Borrowing, 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 the Obligations be affected, provided that the provisions of this Section 3.3 SECTION 6.12 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 “SRC” "Kirkland's Stores, Inc." hereunder, and each future Borrower shall be deemed to have agreed expressly agrees to such arrangement and to have confirmed confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the Obligations.
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Borrowers’ Representative. Each Borrower hereby irrevocably appoints SRC Tropical and SRC Tropical agrees to act under this Agreement, as the agent and representative of SRC itself and each other Borrower for all purposes under this 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 Agent. 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 SRCTropical, 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 Notice 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 3.3 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. Agent may maintain a single Loan Account in the name of “SRC” "Tropical Sportswear Int'l Corporation" hereunder, and each future Borrower shall be deemed to have agreed expressly agrees to such arrangement and to have confirmed confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the Obligations.
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Sources: Loan and Security Agreement (Tropical Sportswear International Corp)
Borrowers’ Representative. Each Borrower hereby irrevocably appoints SRC Remington, and SRC Remington agrees to act under this AgreementAgreement as, as the agent and representative of SRC itself and each other Borrower Factors for all purposes under this Agreement, including requesting Borrowings, selecting whether any Revolver Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Euro-Dollar Loan, and receiving account statements and other notices and communications to Borrowers (or any either of them) from Agent. 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 SRCRemington, whether 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 Notice 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 3.3 4.4 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. All Revolver Loans disbursed to the account of either Borrower shall be deemed to have been made to and for the joint benefit of both Borrowers. Agent may maintain a single Loan Account in the name of “SRCRemington Arms Company, Inc.,” hereunder, and each future Borrower shall be deemed to have agreed expressly agrees to such arrangement and to have confirmed confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s liability for the Obligations.
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