Loan Documents Uses in Borrower Agent Clause

Borrower Agent from Amended and Restated Loan and Security Agreement

THIS SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT, dated as of June 28, 2012 (the "Closing Date"), is among AMKOR TECHNOLOGY, INC., any of its Subsidiaries, if any, that become a party hereto as a Borrower after the Closing Date, the lending institutions party to this Agreement from time to time as lenders (collectively, the "Lenders"), and BANK OF AMERICA, N.A., a national banking association, as administrative agent for the Lenders (the "Agent").

Borrower Agent. Each Borrower hereby designates Amkor (the "Borrower Agent") as its representative and agent for all purposes under the Loan Documents, including (a) requests for Revolving Loans and Letters of Credit, (b) designation of interest rates, (c) delivery or receipt of communications with the Agent, the Issuing Bank, or any Lender, (d) preparation and delivery of Borrowing Base Certificates and financial reports, (e) receipt and payment of Obligations, (f) requests for waivers, amendments, or other accommodations, (g) actions under the Loan Documents (including in respect of compliance with covenants), and (h) all other dealings with the Agent, the Issuing Bank, or any Lender. The Borrower Agent hereby accepts such appointment. The Agent and the Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any Notice of Borrowing or any Notice of Conversion/Continuation) delivered by the Borrower Agent on behalf of any Borrower. The Agent and the Lenders may give any notice or communication with a Borrower hereunder to the Borrower Agent on behalf of such Borrower. The Agent shall have the right, in its discretion, to deal exclusively with the Borrower Agent for any or all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communication, representation, agreement, or undertaking made on its behalf by the Borrower Agent shall be binding upon and enforceable against it.

Borrower Agent from Term Loan Agreement

THIS TERM LOAN AGREEMENT is dated as of August 14, 2014, among UNITED NATURAL FOODS, INC., a Delaware corporation ("UNFI"), Albert's Organics, Inc., a California corporation ("Albert's" and, together with UNFI, collectively, "Borrowers"), the financial institutions party to this Agreement from time to time as lenders (collectively, "Lenders"), and BANK OF AMERICA, N.A., a national banking association, as administrative agent for the Lenders ("Administrative Agent") and as Lead Arranger and Bookrunner.

Borrower Agent. Each Borrower hereby designates UNFI ("Borrower Agent") as its representative and agent for all purposes under the Loan Documents, including requests for Loans, designation of interest rates, delivery or receipt of communications, preparation and delivery of financial reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with the Administrative Agent or any Lender. Borrower Agent hereby accepts such appointment. The Administrative Agent and Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any notice of borrowing) delivered by Borrower Agent on behalf of any Borrower. The Administrative Agent and Lenders may give any notice or communication with a Borrower hereunder to Borrower Agent on behalf of such Borrower. The Administrative Agent and each Lender shall have the right, in its discretion, to deal exclusively with Borrower Agent for any or all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by Borrower Agent shall be binding upon and enforceable against it.

Borrower Agent from First Amendment Agreement

THIS SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT is dated as of May 24, 2012, among UNITED NATURAL FOODS, INC., a Delaware corporation ("UNFI"), UNITED NATURAL FOODS WEST, INC., a California corporation ("UNFW"), UNITED NATURAL TRADING CO., a Delaware corporation<1> ("UNT" and, together with UNFI and UNFW, collectively, "U.S. Borrowers"), UNFI CANADA, INC., a corporation organized under the Canada Business Corporations Act ("Canadian Borrower" and, together with U.S. Borrowers, collectively, "Borrowers"), the financial institutions party to this Agreement from time to time as lenders (collectively, "Lenders"), BANK OF AMERICA, N.A., a national banking association, as administrative agent for the Lenders ("Administrative Agent"), BANK OF AMERICA, N.A. (acting through its Canada branch), as Canadian agent for the Lenders ("Canadian Agent"), JPMORGAN CHASE BANK, N.A., as Syndication Agent, ROYAL BANK OF CANADA and U.S. BANK NATIONAL ASSOCIATION, as Co-Documentation Agents, an

Borrower Agent. Each Borrower hereby designates UNFI ("Borrower Agent") as its representative and agent for all purposes under the Loan Documents, including requests for Loans and Letters of Credit, designation of interest rates, delivery or receipt of communications, preparation and delivery of Borrowing Base Certificates and financial reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with any Agent, any Issuing Bank or any Lender. Borrower Agent hereby accepts such appointment. Each Agent and Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any notice of borrowing) delivered by Borrower Agent on behalf of any Borrower. Each Agent and Lenders may give any notice or communication with a Borrower hereunder to Borrower Agent on behalf of such Borrower. Each Agent, Issuing Bank and Lender shall have the right, in its discretion, to deal exclusively with Borrower Agent for any or all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by Borrower Agent shall be binding upon and enforceable against it.

Borrower Agent from Credit Agreement

This CREDIT AGREEMENT is entered into as of October 7, 2013, among KING.COM LIMITED, a private limited liability company incorporated in Malta with registration number C42504 (the Maltese Borrower), MIDASPLAYER VERTRIEBS GMBH, a limited liability company (Gesellschaft mit beschrankter Haftung) organized under the laws of Germany, registered with the commercial register of the local court of Hamburg with registration number HRB 94746 (the German Borrower and, together with the Maltese Borrower, the Borrowers), MIDASPLAYER INTERNATIONAL HOLDING COMPANY LIMITED, a private limited liability company incorporated in Malta with registration number C40465 (Holdings; as hereinafter further defined), JPMORGAN CHASE BANK, N.A., as Administrative Agent, Collateral Agent, L/C Issuer and Swing Line Lender, and each LENDER (as hereinafter defined) from time to time party hereto.

Borrower Agent. The German Borrower hereby appoints the Maltese Borrower as its representative and agent for all purposes under the Loan Documents, including requests for Loans and Letters of Credit, designation of interest rates, delivery or receipt of communications, preparation and delivery of Borrowing Base Certificates and financial reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with the Administrative Agent, the Collateral Agent, the L/C Issuers or any Lender, and the German Borrower releases the Maltese Borrower from any restrictions on representing several Persons and self-dealing under any applicable Law, including the restrictions of Section 181 of the German Civil Code (Burgerliches Gesetzbuch), (the Maltese Borrower, acting on its behalf and on behalf of the German Borrower pursuant to such agency, the Borrower Agent). The Maltese Borrower hereby accepts such appointment as representative and agent of the German Borrower. The Administrative Agent, the Collateral Agent, the L/C Issuers and the Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any notice of borrowing) delivered on behalf of the German Borrower by the Borrower Agent. The Administrative Agent, the Collateral Agent, the L/C Issuers and the Lenders may give any notice to or make any other communication with the German Borrower hereunder to or with the Borrower Agent. Each of the Administrative Agent, the Collateral Agent, the L/C Issuers and the Lenders shall have the right, in its discretion, to deal exclusively with the Borrower Agent for any or all purposes under the Loan Documents. The German Borrower agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by the Borrower Agent shall be binding upon and enforceable against it.

Borrower Agent from Amended and Restated Loan and Security Agreement

THIS SECOND AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT, dated as of June 28, 2012 (the Closing Date), is among AMKOR TECHNOLOGY, INC., any of its Subsidiaries, if any, that become a party hereto as a Borrower after the Closing Date, the lending institutions party to this Agreement from time to time as lenders (collectively, the Lenders), and BANK OF AMERICA, N.A., a national banking association, as administrative agent for the Lenders (the Agent).

Borrower Agent. Each Borrower hereby designates Amkor (the Borrower Agent) as its representative and agent for all purposes under the Loan Documents, including (a) requests for Revolving Loans and Letters of Credit, (b) designation of interest rates, (c) delivery or receipt of communications with the Agent, the Issuing Bank, or any Lender, (d) preparation and delivery of Borrowing Base Certificates and financial reports, (e) receipt and payment of Obligations, (f) requests for waivers, amendments, or other accommodations, (g) actions under the Loan Documents (including in respect of compliance with covenants), and (h) all other dealings with the Agent, the Issuing Bank, or any Lender. The Borrower Agent hereby accepts such appointment. The Agent and the Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any Notice of Borrowing or any Notice of Conversion/Continuation) delivered by the Borrower Agent on behalf of any Borrower. The Agent and the Lenders may give any notice or communication with a Borrower hereunder to the Borrower Agent on behalf of such Borrower. The Agent shall have the right, AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT Page 46 in its discretion, to deal exclusively with the Borrower Agent for any or all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communication, representation, agreement, or undertaking made on its behalf by the Borrower Agent shall be binding upon and enforceable against it.

Borrower Agent from Second Amended and Restated Credit Agreement

This SECOND AMENDED AND RESTATED CREDIT AGREEMENT, dated as of May 17, 2011 (this Agreement), is made by and among THE NEIMAN MARCUS GROUP, INC., a Delaware corporation (the Company), NEIMAN MARCUS, INC., a Delaware corporation (Holdings), each subsidiary of the Company from time to time party hereto, the Lenders (as defined in Article I), BANK OF AMERICA, N.A., as administrative agent for the Lenders hereunder (in such capacity, the Agent), and BANK OF AMERICA, N.A. and WELLS FARGO BANK, NATIONAL ASSOCIATION, as co-collateral agents (the Co-Collateral Agents).

Borrower Agent. Each Borrower hereby designates the Company as its representative and agent (in such capacity, the Borrower Agent) for all purposes under the Loan Documents, including requests for Loans and Letters of Credit, designation of interest rates, delivery or receipt of communications, preparation and delivery of Borrowing Base Certificates and financial reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with the Agent, the Co-Collateral Agents, the Issuing Banks or any Lender. The Borrower Agent hereby accepts such appointment. The Agent, the Issuing Banks, the Co-Collateral Agents and the Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any notice of borrowing) delivered by Borrower Agent on behalf of any Borrower. The Agent, the Issuing Banks, the Co-Collateral Agents and the Lenders may give any notice or communication with a Borrower hereunder to the Borrower Agent on behalf of such Borrower. Each of the Agent, the Co-Collateral Agents, the Issuing Banks and the Lenders shall have the right, in its discretion, to deal exclusively with the Borrower Agent for any or all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by the Borrower Agent shall be binding upon and enforceable against it. Anything contained herein to the contrary notwithstanding, no Borrower (other than the Borrower Agent) shall be authorized to request any Borrowing or Letter of Credit hereunder without the prior written consent of the Company.

Borrower Agent from Amended and Restated Loan and Security Agreement

THIS AMENDED AND RESTATED LOAN AND SECURITY AGREEMENT is dated as of March 8, 2011, among AGY HOLDING CORP., a Delaware corporation (AGY Holdings), AGY AIKEN LLC, a Delaware limited liability company (AGY Aiken), and AGY HUNTINGDON LLC, a Delaware limited liability company (AGY Huntingdon, and together with AGY Holdings and AGY Aiken, collectively, Borrowers), the financial institutions party to this Agreement from time to time as lenders (collectively, Lenders), and BANK OF AMERICA, N.A., a national banking association, as administrative agent for the Lenders (in such capacity, Agent) and UBS SECURITIES LLC, as documentation agent for the Lenders (in such capacity, Documentation Agent).

Borrower Agent. Each Borrower hereby designates AGY Holdings (Borrower Agent) as its representative and agent for all purposes under the Loan Documents, including requests for Loans and Letters of Credit, designation of interest rates, delivery or receipt of communications, preparation and delivery of Borrowing Base and financial reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with Agent, Issuing Bank or any Lender. Borrower Agent hereby accepts such appointment. Agent and Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any notice of borrowing) delivered by Borrower Agent on behalf of any Borrower. Agent and Lenders may give any notice or communication with a Borrower hereunder to Borrower Agent on behalf of such Borrower. Each of Agent, Issuing Bank and Lenders shall have the right, in its discretion, to deal exclusively with Borrower Agent for any or all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by Borrower Agent shall be binding upon and enforceable against it.

Borrower Agent from Loan and Security Agreement

minus (b) without duplication and to the extent included in arriving at such consolidated net income, the following amounts for such period:

Borrower Agent. Each Obligor hereby designates P&F ("Borrower Agent") as its representative and agent for all purposes under the Loan Documents, including requests for Loans and Letters of Credit, designation of interest rates, delivery or receipt of communications, preparation and delivery of Borrowing Base and financial reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with Agent, Issuing Bank or any Lender. Borrower Agent hereby accepts such appointment. Agent and Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any notice of borrowing) delivered by Borrower Agent on behalf of any Obligor. Agent and Lenders may give any notice or communication with an Obligor hereunder to Borrower Agent on behalf of such Obligor. Each of Agent, Issuing Bank and Lenders shall have the right, in its discretion, to deal exclusively with Borrower Agent for any or all purposes under the Loan Documents. Each Obligor agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by Borrower Agent shall be binding upon and enforceable against it.

Borrower Agent from Credit Agreement

This CREDIT AGREEMENT is entered into as of August 26, 2010, among MUELLER WATER PRODUCTS, INC., a Delaware corporation (the Company), MUELLER GROUP, LLC, a Delaware limited liability company (Mueller Group), ANVIL INTERNATIONAL, LP, a Delaware limited partnership (Anvil), ANVILSTAR, LLC, a Delaware limited liability company (AnvilStar), FAST FABRICATORS, LLC, a Delaware limited liability company (Fast Fabricators), HENRY PRATT COMPANY, LLC, a Delaware limited liability company (HPC), HERSEY METERS CO., LLC, a Delaware limited liability company (HMC), HUNT INDUSTRIES, LLC, a Delaware limited liability company (Hunt), HYDRO GATE, LLC, a Delaware limited liability company (Hydro), J.B. SMITH MFG CO., LLC, a Delaware limited liability company (JB Smith), JAMES JONES COMPANY, LLC, a Delaware limited liability company (James Jones), MILLIKEN VALVE, LLC, a Delaware limited liability company (Milliken), MUELLER CO. LTD., an Alabama limited partnership (MC), MUELLER INTERNATIONAL, INC., a Dela

Borrower Agent. Each Borrower hereby designates the Company (Borrower Agent) as its representative and agent for all purposes under the Loan Documents, including requests for Credit Extensions, designation of interest rates, delivery or receipt of communications, preparation and delivery of Borrowing Base Certificates and financial reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with Administrative Agent, L/C Issuers or any Lender. Borrower Agent hereby accepts such appointment. Administrative Agent and Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any notice of borrowing) delivered by Borrower Agent on behalf of any Borrower. Administrative Agent and Lenders may give any notice or communication with a Borrower hereunder to Borrower Agent on behalf of such Borrower. Each of Administrative Agent, L/C Issuers and Lenders shall have the right, in its discretion, to deal exclusively with Borrower Agent for any or all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by Borrower Agent shall be binding upon and enforceable against it. Upon not less than 10 days prior notice to the Administrative Agent, the Borrower Agent may resign at any time, such resignation to be effective upon the appointment of a successor Borrower Agent. The Administrative Agent shall give notice of such resignation to the Lenders.

Borrower Agent from Amended and Restated Credit Agreement

This AMENDED AND RESTATED CREDIT AGREEMENT, dated as of July 15, 2009 (this Agreement), is made by and among THE NEIMAN MARCUS GROUP, INC., a Delaware corporation (the Company), NEIMAN MARCUS, INC., a Delaware corporation (Holdings), each subsidiary of the Company from time to time party hereto, the Lenders (as defined in Article I), BANK OF AMERICA, N.A., as administrative agent for the Lenders hereunder (in such capacity, the Agent), and BANK OF AMERICA, N.A. and WELLS FARGO RETAIL FINANCE, LLC, as co-collateral agents (the Co-Collateral Agents).

Borrower Agent. Each Borrower hereby designates the Company as its representative and agent (in such capacity, the Borrower Agent) for all purposes under the Loan Documents, including requests for Loans and Letters of Credit, designation of interest rates, delivery or receipt of communications, preparation and delivery of Borrowing Base Certificates and financial reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with the Agent, the Co-Collateral Agents, the Issuing Banks or any Lender. The Borrower Agent hereby accepts such appointment. The Agent, the Issuing Banks, the Co-Collateral Agents and the Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any notice of borrowing) delivered by Borrower Agent on behalf of any Borrower. The Agent, the Issuing Banks, the Co-Collateral Agents and the Lenders may give any notice or communication with a Borrower hereunder to the Borrower Agent on behalf of such Borrower. Each of the Agent, the Co-Collateral Agents, the Issuing Banks and the Lenders shall have the right, in its discretion, to deal exclusively with the Borrower Agent for any or all purposes under the Loan Documents. Each Borrower agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by the Borrower Agent shall be binding upon and enforceable against it. Anything contained herein to the contrary notwithstanding, no Borrower (other than the Borrower Agent) shall be authorized to request any Borrowing or Letter of Credit hereunder without the prior written consent of the Company.