Common use of Borrowers’ Representative Clause in Contracts

Borrowers’ Representative. Each other Borrower hereby irrevocably appoints WinsLoew as its representative, and WinsLoew shall act under this Agreement as the representative of each Borrower for all purposes, including, without being limited to, requesting borrowings 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 and the Lenders may rely, and shall be fully protected in relying, on any request for borrowing, disbursement instruction, report, information or any other notice or communication made or given by WinsLoew, 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 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 request, instruction, report, information, notice or communication, nor shall the joint and several character of the Borrowers' liability for the Secured Obligations be affected. The Administrative Agent and each Lender intend to maintain a single Loan Account in the name of "WinsLoew Furniture, Inc." hereunder and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of its liability for the Secured Obligations.

Borrowers’ Representative. Each other Borrower hereby irrevocably appoints WinsLoew as its representativeCamping World, and WinsLoew shall act under this Agreement Camping World agrees to act, as the agent and representative of itself and each other Borrower for all purposespurposes under this Agreement, includingincluding requesting Advances and Letters of Credit, without being limited toselecting whether any Loan or portion thereof is to bear interest as a Base Rate Advance or a Eurodollar Advance, requesting borrowings and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Administrative Agent or any LenderAgent. The Administrative Agent and the Lenders may rely, and shall be fully protected in relying, on any request Request for borrowingAdvance, Request for Issuance of Letter of Credit, Notice of Conversion/Continuation, Borrowing Base Certificate, disbursement instructioninstructions, reportreports, information information, or any other notice or communication made or given by WinsLoewCamping World, 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 any no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it such Borrower of any such requestRequest for Advance, Request for Issuance of Letter of Credit, Notice of Conversion/Continuation, Borrowing Base Certificate, instruction, report, information, information or other notice or communication, nor shall the joint and several character of the Borrowers' ’ liability for the Secured Obligations be affected. The Administrative Agent and each Lender intend to maintain a single Loan Account in the name of "WinsLoew Furniture, Inc." hereunder and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of its liability for the Secured Obligations.

Borrowers’ Representative. Each other Borrower hereby irrevocably appoints WinsLoew as its representative, and WinsLoew Ridgeview shall act under this Agreement as the representative of all Borrowers, and each other Borrower hereby appoints Ridgeview as its representative, hereunder, for all purposes, including, without being limited to, requesting borrowings 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 and the Lenders may rely, and shall be fully protected in relying, on any request for borrowing, disbursement instruction, report, information or any other notice or communication made or given by WinsLoewRidgeview, 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 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 request, instruction, report, information, notice or communication, nor shall the joint and several character of the Borrowers' liability for the Secured Obligations be affected. The Administrative Agent and each Lender intend to maintain a single Loan Account in the name of "WinsLoew FurnitureRidgeview, Inc." hereunder and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of its liability for the Secured Obligations.

Borrowers’ Representative. The Borrowers are and shall be jointly and severally liable for all Obligations. Each of the Borrowers other Borrower than Bayport, hereby irrevocably appoints WinsLoew as its representativeBayport Restaurant Group, Inc., as, and WinsLoew Bayport, shall act under this Agreement as as, the representative of each such Borrower for all purposes, including, without being limited to, requesting borrowings and receiving account statements and other notices and communications to the Borrowers Borrower (or any of them) from the Administrative Agent or any Lender. The Administrative Agent and the Lenders Lender may rely, and shall be fully protected in relying, on any request for borrowing, disbursement instruction, report, information or any other notice or communication made or given by WinsLoewBayport, whether in its own name, on behalf of any other Borrower or on behalf of "and the Borrowers," and neither the Administrative Agent 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 request, instruction, report, information, notice or communication, nor shall the joint and several character of the Borrowers' Borrower's liability for the Secured Obligations be affected. The Administrative Agent and each Lender intend intends to maintain a single Revolving Loan Account account for any Loan in the name of "WinsLoew FurnitureBayport Restaurant Group, Inc." hereunder and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of its liability for the Secured Obligations.

Borrowers’ Representative. Each other Borrower hereby irrevocably appoints WinsLoew as its representative, and WinsLoew shall Heafxxx xxxll act under this Agreement as the representative of all Borrowers, and each other Borrower hereby appoints Heafxxx xx its representative, hereunder, for all purposes, including, without being limited to, requesting borrowings 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 and the Lenders may rely, and shall be fully protected in relying, on any request for borrowing, disbursement instruction, report, information or any other notice or communication made or given by WinsLoewHeafxxx, whether xxether 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 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 request, instruction, report, information, notice or communication, nor shall the joint and several character of the Borrowers' liability for the Secured Obligations be affected. The Administrative Agent and each Lender intend to maintain a single Loan Account in the name of "WinsLoew FurnitureThe J.H. Xxxxxxx Xxxpany, Inc." hereunder and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of its liability for the Secured Obligations.

Borrowers’ Representative. Each other Borrower hereby irrevocably appoints WinsLoew as its representative-------------------------- Litchfield as, and WinsLoew Litchfield shall act under this Agreement as the Loan Documents as, the representative of each Borrower for all purposespurposes under the Loan Documents, including, without being limited to, including requesting borrowings Borrowings 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 and the Lenders Lender may rely, and shall be fully protected in relying, on any request for borrowingdisbursement instructions, disbursement instruction, reportreports, information or any other notice or communication made or given by WinsLoewLitchfield, 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 any no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it such Borrower of any such request, instruction, report, information, notice or communication, nor shall the joint and several character of the Borrowers' liability for the Secured Obligations Revolver Loans be affected. The Administrative Agent and each Lender intend , provided that the provisions of this Section 4.13 shall not be construed so as to maintain preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by "a single Loan Account in the name of "WinsLoew Furniture, Inc.Borrower" 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 Obligationshereunder.

Borrowers’ Representative. Each other Borrower hereby irrevocably appoints WinsLoew as its representative, and WinsLoew American Tire shall act under this Agreement as the representative of all Borrowers, and each other Borrower hereby appoints American Tire as its representative, hereunder, for all purposes, including, without being limited to, including requesting borrowings 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 and the Lenders may rely, and shall be fully protected in relying, on any request for borrowing, disbursement instruction, report, information or any other notice or communication made or given by WinsLoewAmerican Tire, 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 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 request, instruction, report, information, notice or communication, nor shall the joint and several character of the Borrowers' ’ liability for the Secured Obligations be affected. The Administrative Agent and each Lender intend to maintain a single Loan Account loan account in the name of "WinsLoew Furniture“American Tire Distributors, Inc." ” hereunder and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of its liability for the Secured Obligations.

Borrowers’ Representative. Each of the Borrowers other Borrower than AAS hereby irrevocably appoints WinsLoew as its representativeAAS as, and WinsLoew AAS shall act under this Agreement as as, the representative of each Borrower such other Borrowers for all purposes, including, without being limited to, requesting borrowings Borrowings 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 and the Lenders may rely, and shall be fully protected in relying, on any request for borrowingNotice of Borrowing, Notice of Conversion or Continuation, disbursement instruction, report, information or any other notice or communication made or given by WinsLoewAAS, 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 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 requestNotice, instruction, report, information, 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 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 and each Lender intend to maintain a single Loan Account in the name of "WinsLoew FurnitureAmerican Aircarriers Support, Inc.Incorporated" 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’ Representative. Each other Borrower of LFA, Holding, Wallace, Towle, Silvestri, Rauch, Rochard, Holiday and Farberware hereby irrevocably appoints WinsLoew as its representative, Syratech and WinsLoew Syratech shall act under this Agreement as as, the representative of each Borrower such other Borrowers for all purposes, including, without being limited to, requesting borrowings Borrowings 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 and the Lenders may rely, and shall be fully protected in relying, on any request for borrowingNotice of Borrowing, Notice of Conversion or Continuation, disbursement instruction, report, information or any other notice or communication made or given by WinsLoewSyratech, 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 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 requestNotice, instruction, report, information, 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 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 and each Lender intend to maintain a single Loan Account in the name of "WinsLoew Furniture, Inc.Syratech 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’ Representative. Each other Borrower hereby irrevocably appoints WinsLoew Xxxxxxx as its representative, and WinsLoew Xxxxxxx shall act under this Agreement as the representative of each Borrower for all purposes, including, without being limited to, requesting borrowings 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 and the Lenders may rely, and shall be fully protected in relying, on any request for borrowing, disbursement instruction, report, information or any other notice or communication made or given by WinsLoewXxxxxxx, 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 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 request, instruction, report, information, notice or communication, nor shall the joint and several character of the Borrowers' liability for the Secured Obligations be affected. The Administrative Agent and each Lender intend to maintain a single Loan Account in the name of "WinsLoew Furniture, Inc.Xxxxxxx 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’ Representative. Each other Borrower hereby irrevocably appoints WinsLoew as its representativeWillcox, and WinsLoew shall act under this Agreement Willcox agrexx xx xct undex xxxx Agreement, as the agent and representative of itself and each other Borrower for all purposespurposes under this Agreement, including, without being limited to, requesting borrowings and including 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 and the Lenders Lender may rely, and shall be fully protected in relying, on any request for borrowingrequest, disbursement instruction, reportreports, information or any other notice or communication made or given by WinsLoewWillcox, whether in its own namexxxx, on xn behalf of any other Borrower or on behalf of "the Borrowers," and neither the Administrative Agent nor any Lender shall have any no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it such Borrower of any such request, instruction, report, information, notice or communication, nor shall the joint and several character of the Borrowers' liability for the Secured Loans and other Obligations be affected, provided that the provisions of this Section 1.7 shall not be construed so as to preclude any Borrower from directly taking other actions permitted to be taken by "a Borrower" hereunder. The Administrative Agent and each Lender intend intends to maintain a single Loan Account in the name of "WinsLoew FurnitureWillcox & Gibbs, Inc." hereunder and each hereuxxxx, xnd xxxx Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of its such Borrower's liability for the Secured Loans and other Obligations.

Borrowers’ Representative. Each other Borrower hereby irrevocably appoints WinsLoew as its representative, and WinsLoew MasTec shall act under this Agreement as the representative of all Borrowers, and each other Borrower hereby appoints MasTec as its representative hereunder for all purposes, including, without being limited to, requesting borrowings 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 and the Lenders may rely, and shall be fully protected in relying, on any request for borrowing, disbursement instruction, report, information or any other notice or communication made or given by WinsLoewMasTec, 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 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 request, instruction, report, information, notice or communication, nor shall the joint and several character of the Borrowers' liability for the Secured Obligations be affected. The Administrative Agent and each Lender intend to maintain a single Loan Account in the name of "WinsLoew FurnitureMasTec, Inc." hereunder and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of its liability for the Secured Obligations.

Borrowers’ Representative. Each other Borrower hereby irrevocably appoints WinsLoew as its representative, and WinsLoew shall Heafxxx xxxll act under this Agreement as the representative of all Borrowers, and each other Borrower hereby appoints Heafxxx xx its representative, hereunder, for all purposes, including, without being limited to, requesting borrowings 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 and the Lenders may rely, and shall be fully protected in relying, on any request for borrowing, disbursement instruction, report, information or any other notice or communication made or given by WinsLoewHeafxxx, whether xxether 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 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 request, instruction, report, information, notice or communication, nor shall the joint and several character of the Borrowers' liability for the Secured Obligations be affected. The Administrative Agent and each Lender intend to maintain a single Loan Account in the name of "WinsLoew FurnitureHeafxxx Xxxe Group, Inc." hereunder and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of its liability for the Secured Obligations.

Borrowers’ Representative. Each other Borrower hereby irrevocably appoints WinsLoew as its representative, and WinsLoew American Tire shall act under this Agreement as the representative of all Borrowers, and each other Borrower hereby appoints American Tire as its representative, hereunder, for all purposes, including, without being limited to, including requesting borrowings 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 and the Lenders may rely, and shall be fully protected in relying, on any request for borrowing, disbursement instruction, report, information or any other notice or communication made or given by WinsLoewAmerican Tire, 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 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 request, instruction, report, information, notice or communication, nor shall the joint and several character of the Borrowers' liability for the Secured Obligations be affected. The Administrative Agent and each Lender intend to maintain a single Loan Account in the name of "WinsLoew FurnitureAmerican Tire Distributors, Inc." hereunder and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of its liability for the Secured Obligations.

Borrowers’ Representative. Each other Borrower hereby irrevocably appoints WinsLoew as its representativeSED as, and WinsLoew SED shall act under this Agreement as as, the agent and representative of itself and each other Borrower for all purposespurposes under this Agreement, includingincluding requesting Borrowings, without being limited toselecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, requesting borrowings 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 and the Lenders Lender may rely, and shall be fully protected in relying, on any request for borrowingNotice of Borrowing, Notice of Conversion/Continuation, disbursement instructioninstructions, reportreports, information or any other notice or communication made or given by WinsLoewSED, 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 any no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it such Borrower of any such request, instruction, report, information, 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 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 and each Lender intend to may maintain a single Loan Account in the name of "WinsLoew FurnitureSED International, Inc." hereunder 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 such Borrower's liability for the Secured Obligations.