Appointment of Borrowers Representative from Credit Agreement
This CREDIT AGREEMENT (Agreement) is entered into as of August15, 2013, among SMITH & WESSON HOLDING CORPORATION, a Nevada corporation (the Company), SMITH & WESSON CORP., a Delaware corporation (S&W), and, together with the Company, the Borrowers and, each a Borrower), the Guarantors (as hereinafter defined) from time to time party hereto, each lender from time to time party hereto (collectively, the Lenders and individually, a Lender), and TD BANK, N.A., as Administrative Agent and Swingline Lender.
Appointment of Borrowers Representative. Each other Borrower hereby irrevocably appoints the Company as its representative (the Borrower Representative), and the Company 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 the Company, whether in its own name, on behalf of any Borrower, 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 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 Obligations be affected.