Common use of Borrower Representative Clause in Contracts

Borrower Representative. Holdings hereby (i) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices of Borrowings, notices to convert and continue Borrowings, requests for Letters of Credit and Swingline Loans, delivering certificates and instructions on behalf of the Borrowers, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings Aon Corporation hereby (i) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices of Borrowings, notices to convert and continue Borrowings, requests for Letters of Credit and Swingline LoansBorrowing Notices, delivering certificates and including Compliance Certificates (including U.S. Tax Compliance Certificates), giving instructions on behalf with respect to the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. The Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings Each Borrower hereby (i) is designated designates and appointed by each Borrower appoints Elevate Credit as its representative and agent on its behalf (in such capacity, the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices delivering certificates, including Compliance Certificates, giving Notices of Borrowings, notices Borrowing and other instructions with respect to convert and continue Borrowings, requests for Letters of Credit and Swingline Loans, delivering certificates and instructions on behalf the disbursement of the Borrowers, selecting interest rate optionsproceeds of the Notes, giving and receiving all other notices and consents hereunder or under any of the other Loan Transaction Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Transaction Documents. Administrative Agent Borrower Representative hereby accepts such appointment. Agent, each Lender and each Lender Holder may regard any notice or other communication pursuant to any Loan Transaction Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings Each Borrower hereby (i) is designated and appointed by each designates the Xxxxx Borrower as its borrower representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment ). The Borrower Representative may act as agent on behalf of each of the Borrower Representative, in each case, Borrowers for the purposes of issuing notices of BorrowingsBorrowing and notices of conversion/continuation of any Loans pursuant to Section 2.02 or 2.03 or similar notices, notices giving instructions with respect to convert and continue Borrowings, requests for Letters of Credit and Swingline Loans, delivering certificates and instructions on behalf the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint covenants and several obligations to pay and perform the Obligationscertifications) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the The Borrower Representative as a notice or communication from all Borrowersxxxxxx accepts such appointment. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings The Subsidiary Borrower hereby (i) is designated and appointed by each designates the Administrative Borrower as its representative and representative. The Administrative Borrower will be acting as agent on its each of the Borrowers’ behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices of BorrowingsBorrowing and notices of conversion/continuation of any Loans pursuant to this Agreement or similar notices, notices giving instructions with respect to convert and continue Borrowings, requests for Letters of Credit and Swingline Loans, delivering certificates and instructions on behalf the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. The Administrative Agent Borrower hereby accepts such appointment. The Subsidiary Borrower agrees that each notice, election, representation and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on its behalf of a Borrower by the Administrative Borrower Representative shall be deemed for all purposes to have been made by such the Subsidiary Borrower and shall be binding upon and enforceable against such the Subsidiary Borrower to the same extent as if the same had been made directly by such the Subsidiary Borrower.

Borrower Representative. Holdings Each Borrower hereby (i) is designated and appointed by each designates the U.S. Borrower as its representative and Borrower Representative. The Borrower Representative will be acting as agent on its behalf (of each of the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, Borrowers for the purposes of issuing notices of BorrowingsBorrowing and notices of conversion/continuation of any Loans pursuant to Section 2.02 or similar notices, notices giving instructions with respect to convert and continue Borrowings, requests for Letters of Credit and Swingline Loans, delivering certificates and instructions on behalf the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint covenants and several obligations to pay and perform the Obligationscertifications) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the The Borrower Representative as a notice or communication from all Borrowershereby accepts such appointment. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings Each Borrower hereby (i) is designated and appointed by each designates the Parent Borrower as its representative and Borrower Representative. The Borrower Representative will be acting as agent on its each Borrower’s behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices of BorrowingsBorrowing and notices of conversion/continuation of any Loans pursuant to Section 2 and Section 4 or similar notices, notices giving instructions with respect to convert and continue Borrowings, requests for Letters of Credit and Swingline Loans, delivering certificates and instructions on behalf the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the The Borrower Representative as a notice or communication from all Borrowershereby accepts such appointment. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings Each Borrower hereby (i) is designated and appointed by each designates the Canadian Borrower as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment . The Borrower Representative will act as the agent on behalf of each Borrower Representative, in each case, for the purposes of issuing notices of BorrowingsBorrowing and notices of conversion/continuation of any Loans pursuant to Section 2.03 or similar notices, notices giving instructions with respect to convert and continue Borrowings, requests for Letters of Credit and Swingline Loans, delivering certificates and instructions on behalf the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the The Borrower Representative as a notice or communication from all Borrowershereby accepts such appointment. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings Each Borrower hereby (i) is designated designates and appointed by each Borrower appoints the Company as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices of BorrowingsBorrowing Requests, notices to convert Interest Election Requests, and continue Borrowings, requests for Letters of Credit and Swingline LoansCredit, delivering certificates and certificates, giving instructions on behalf with respect to the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative The Borrower Representative hereby accepts such appointment. Each Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all both Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings Each Borrower hereby (i) is designated designates and appointed by each Borrower appoints ITG as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices Notices of Borrowings, notices to convert and continue BorrowingsNotices of Conversion/Continuation, requests for Letters of Credit L/C Requests and Swingline LoansRequests, delivering certificates including Compliance Certificates and Borrowing Base Certificates, giving instructions on behalf with respect to the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative The Borrower Representative hereby accepts such appointment. The Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings Partnership hereby (i) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) ), and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices Notices of Borrowings, notices to convert and continue BorrowingsNotices of Conversion/Continuation, requests for Letters of Credit and Swingline LoansL/C Requests, delivering certificates including Compliance Certificates and Permitted Dividend/Distribution Certificates, giving instructions on behalf with respect to the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings Aon Corporation hereby (i) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices of Borrowings, notices to convert and continue Borrowings, requests for Letters of Credit and Swingline LoansBorrowing Notices, delivering certificates and including Compliance Certificates (including U.S. Tax Compliance Certificates), giving instructions on behalf with respect to the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the its Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. The Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings Each Borrower hereby (i) is designated and appointed by each designates the U.S. Borrower as its representative and Borrower Representative. The Borrower Representative will be acting as agent on its each of the Borrowers behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices of BorrowingsBorrowing and notices of conversion/continuation of any Loans pursuant to Section 2.02 or similar notices, notices giving instructions with respect to convert and continue Borrowings, requests for Letters of Credit and Swingline Loans, delivering certificates and instructions on behalf the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint covenants and several obligations to pay and perform the Obligationscertifications) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the The Borrower Representative as a notice or communication from all Borrowershereby accepts such appointment. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings Each Borrower hereby (i) is designated and appointed by each designates the U.S. Borrower as its representative and Borrower Representative. The Borrower Representative will be acting as agent on its each of the Borrowers behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices of BorrowingsBorrowing and notices of conversion/continuation of any Loans pursuant to Section 2.02 or similar notices, notices giving instructions with respect to convert and continue Borrowings, requests for Letters of Credit and Swingline Loans, delivering certificates and instructions on behalf the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint covenants and several obligations to pay and perform the Obligationscertifications) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the The Borrower Representative as a notice or communication from all Borrowersxxxxxx accepts such appointment. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings Aon Corporation hereby (i) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices of Borrowings, notices to convert and continue Borrowings, requests for Letters of Credit and Swingline LoansBorrowing Notices, delivering certificates and including Compliance Certificates (including U.S. Tax Compliance Certificates), giving instructions on behalf with respect to the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the its Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. The Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.. ARTICLE III

Borrower Representative. Holdings Each Borrower hereby designates OSI (ithe "Borrower Representative") is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices Notices of BorrowingsRevolving Credit Advances and Notices of Conversion/Continuation, notices giving instructions with respect to convert and continue Borrowings, requests for Letters of Credit and Swingline Loans, delivering certificates and instructions on behalf the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on its behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as it if the same had been made directly by such Borrower.

Borrower Representative. Holdings Borrower Representative hereby (i) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representativerepresentative and agent of the Borrowers, in each case, for the purposes of issuing notices of BorrowingsBorrowing Notices, notices giving instructions with respect to convert and continue Borrowings, requests for Letters of Credit and Swingline Loans, delivering certificates and instructions on behalf the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. The Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings Each Borrower hereby (i) is designated and appointed by each designates the ECI Borrower as its representative and Borrower Representative. The Borrower Representative will be acting as agent on its each of the Borrowers behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices of BorrowingsBorrowing and notices of conversion/continuation of any Loans pursuant to Section 2.02 or similar notices, notices giving instructions with respect to convert and continue Borrowings, requests for Letters of Credit and Swingline Loans, delivering certificates and instructions on behalf the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the The Borrower Representative as a notice or communication from all Borrowershereby accepts such appointment. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings Each Borrower hereby (i) is designated and appointed by each designates the U.S. Borrower as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in . The Borrower Representative will be acting as agent on each case, of the Borrowers’ behalf for the purposes of issuing notices of BorrowingsBorrowing and notices of conversion/continuation of any Loans pursuant to Section 2 and Section 4 or similar notices, notices giving instructions with respect to convert and continue Borrowings, requests for Letters of Credit and Swingline Loans, delivering certificates and instructions on behalf the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the The Borrower Representative as a notice or communication from all Borrowershereby accepts such appointment. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings Each Borrower hereby (i) is designated and appointed by each Borrower designates GII as its representative and agent on its behalf (in such capacity, the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices Notices of BorrowingsRevolving Credit Advances and Notices of Conversion/Continuation, notices giving instructions with respect to convert and continue Borrowings, requests for Letters of Credit and Swingline Loans, delivering certificates and instructions on behalf the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on its behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as it if the same had been made directly by such Borrower.

Borrower Representative. Holdings Phreesia hereby (i) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices Notices of Borrowings, notices to convert and continue BorrowingsNotices of Conversion/Continuation, requests for Letters of Credit L/C Requests and Swingline LoansRequests, delivering certificates and including Compliance Certificates, Consolidated Borrowing Base Certificates, giving instructions on behalf with respect to the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower. 2.13.

Borrower Representative. Holdings Each Borrower hereby (i) is designated and appointed by each designates the Parent Borrower as its representative and Borrower Representative. The Borrower Representative will be acting as agent on its each of the Borrowers behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices of BorrowingsBorrowing and notices of conversion/continuation of any Loans pursuant to Section 2.02 or 2.04 or similar notices, notices giving instructions with respect to convert and continue Borrowings, requests for Letters of Credit and Swingline Loans, delivering certificates and instructions on behalf the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint covenants and several obligations to pay and perform the Obligationscertifications) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the The Borrower Representative as a notice or communication from all Borrowershereby accepts such appointment. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings The Borrower hereby (i) is designated designates and appointed by each Borrower appoints Axiall as its representative and agent on its (or their) behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices Notices of Borrowings, notices to convert and continue Borrowings, requests for Letters Notices of Credit and Swingline LoansConversion/Continuation, delivering certificates and certificates, giving instructions on behalf with respect to the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Borrower Representative hereby accepts such appointment. Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all the Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a the Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such the Borrower and shall be binding upon and enforceable against such the Borrower to the same extent as if the same had been made directly by such the Borrower.

Borrower Representative. Holdings IGI Labs hereby (i) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices Notices of Borrowings, notices to convert Notices of Conversion/Continuation and continue Borrowings, requests for Letters of Credit and Swingline LoansL/C Requests, delivering certificates including Compliance Certificates and Borrowing Base Certificates, giving instructions on behalf with respect to the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower Borrower, the Borrowers, any Credit Party or the Borrowers Credit Parties under the Loan Documents. Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all BorrowersCredit Parties. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower Credit Party by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower Credit Party and shall be binding upon and enforceable against such Borrower Credit Party to the same extent as if the same had been made directly by such BorrowerCredit Party.

Borrower Representative. Each Borrower hereby designates and appoints Holdings hereby (i) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices Notices of BorrowingsBorrowing, notices to convert Notices of Conversion/Continuation and continue Borrowings, requests for Letters of Credit and Swingline Loans, delivering certificates and including Compliance Certificates, giving instructions on behalf with respect to the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative Borrower Representative xxxxxx accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings The Canadian Borrower hereby (i) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices of BorrowingsBorrowing Requests, notices to convert and continue Borrowings, requests for Letters Letter of Credit and Swingline LoansRequests, Interest Election Requests, delivering certificates and including Compliance Certificates, giving instructions on behalf with respect to the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. The Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings Each Borrower hereby (i) is designated designates and appointed by each Borrower appoints the Company as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices of BorrowingsBorrowing Requests, notices to convert Interest Election Requests, and continue Borrowings, requests for Letters of Credit and Swingline LoansCredit, delivering certificates and certificates, giving instructions on behalf with respect to the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative The Borrower Representative hereby accepts such appointment. Each Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all both Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.. 178

Borrower Representative. Holdings Each Borrower hereby (i) is designated designates and appointed by each Borrower appoints the Company as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices of BorrowingsBorrowing Requests, notices to convert Interest Election Requests, and continue Borrowings, requests for Letters of Credit and Swingline LoansCredit, delivering certificates and certificates, giving instructions on behalf with respect to the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative The Borrower Representative hereby accepts such appointment. Each Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all both Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.. 174

Borrower Representative. Holdings Each Borrower hereby appoints CDOR Jax Court, a Delaware limited liability company (i) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) as its representative and (ii) agent, and Borrower Representative accepts such appointment as the Borrower Representative, in each caseappointment, for the purposes of issuing notices of Borrowings(i) making the Closing Draw Request, notices to convert including giving Lender disbursement instructions, wire and continue Borrowingsdeposit instructions, requests for Letters of Credit and Swingline Loanstelephonic confirmations; (ii) delivering certificates, delivering certificates and instructions on behalf of the Borrowers, including compliance certificates; (iii) selecting interest rate options, if applicable; (iv) giving and receiving all other notices Notices and consents hereunder or under any of the other Loan Documents Documents; (v) requesting and providing information with respect to accounts payable matters; financial reporting matters, property tax matters (if applicable); insurance matters, and all other account servicing matters; and (vi) taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan DocumentsDocuments or otherwise with respect to the Loan. Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings Each Borrower hereby (i) is designated and appointed by each appoints the U.S. Borrower as its representative and agent on its behalf (to act as the “Borrower Representative”) and (ii) ” hereunder. The U.S. Borrower hereby accepts such the appointment by each Borrower to act as the Borrower Representative, in each case, for Representative pursuant to this Section 2.14. Each Borrower hereby authorizes the purposes Borrower Representative to provide the Administrative Agent with all notices with respect to the Loans and the other extensions of issuing notices of Borrowings, notices to convert credit hereunder and continue Borrowings, requests for Letters of Credit and Swingline Loans, delivering certificates and instructions on behalf of the Borrowers, selecting interest rate options, giving and receiving all other notices and consents hereunder or instructions related to the Loans and the other extensions of credit under any of this Agreement and the other Loan Documents and taking all (ii) to take such action as the Borrower Representative deems appropriate on its behalf to obtain the Loans and the other actions (including in respect extensions of compliance with covenantscredit and to exercise such other powers as are reasonably incidental thereto to carry out the purposes of this Agreement and the other Loan Documents. Any notice, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) election, representation, warranty, agreement or undertaking by or on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a such Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings Each Borrower hereby (i) is designated designates and appointed by each Borrower appoints the Company as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices of BorrowingsBorrowing Requests, notices to convert Interest Election Requests, and continue Borrowings, requests for Letters of Credit and Swingline LoansCredit, delivering certificates and certificates, giving instructions on behalf with respect to the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative The Borrower Representative xxxxxx accepts such appointment. Each Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all both Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings Each Borrower hereby (i) is designated designates and appointed by each Borrower appoints TPR as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices Notices of Borrowings, notices to convert Borrowings and continue Borrowings, requests for Letters Notices of Credit and Swingline LoansConversion or Continuation, delivering certificates and including Compliance Certificates, giving instructions on behalf with respect to the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Borrower Representative hereby accepts such appointment. The Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings Each Borrower hereby (i) is designated designates and appointed by each Borrower appoints the Company as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices of BorrowingsBorrowing Requests, notices to convert Interest Election Requests, and continue Borrowings, requests for Letters of Credit and Swingline LoansCredit, delivering certificates and certificates, giving instructions on behalf with respect to the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative The Borrower Representative hxxxxx accepts such appointment. Each Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all both Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings Apio hereby (i) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices Notices of Borrowings, notices to convert and continue BorrowingsNotices of Conversion/Continuation, requests for Letters of Credit L/C Requests and Swingline LoansRequests, delivering certificates including Compliance Certificates and Borrowing Base Certificates, giving instructions on behalf with respect to the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings Each Borrower hereby designates Penhall (ithe “Borrower Representative”) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices Notices of BorrowingsRevolving Credit Advances and Notices of Conversion/Continuation, notices giving instructions with respect to convert and continue Borrowings, requests for Letters of Credit and Swingline Loans, delivering certificates and instructions on behalf the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on its behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as it if the same had been made directly by such Borrower.

Borrower Representative. Holdings RNL hereby (i) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) ), and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices Notices of Borrowings, notices to convert and continue BorrowingsNotices of Conversion/Continuation, requests for Letters of Credit L/C Requests and Swingline LoansRequests, delivering certificates including Compliance Certificates, Joint Venture Certificates, and Permitted Dividend/Distribution Certificates, giving instructions on behalf with respect to the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings RHO hereby (i) is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices Notices of Borrowings, notices to convert Borrowings and continue Borrowings, requests for Letters Notices of Credit and Swingline LoansConversion/Continuation, delivering certificates and (including Compliance Certificates), giving instructions on behalf with respect to the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Holdings Borrower hereby (i) is designated and appointed by each Borrower designates Xxxxxx as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices Notice of BorrowingsRevolving Credit Advances, notices Notice of Alternative Currency Revolving Credit Advances and Notice of Conversion/Continuation, giving instructions with respect to convert and continue Borrowings, requests for Letters of Credit and Swingline Loans, delivering certificates and instructions on behalf the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all BorrowersBorrower. Each warranty, covenant, agreement and undertaking made on its behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as it if the same had been made directly by such Borrower.”

Borrower Representative. Holdings Each Borrower hereby (i) is designated and appointed by each Borrower designates Xxxxxx as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices Notice of BorrowingsRevolving Credit Advances, notices Notice of Alternative Currency Revolving Credit Advances and Notice of Conversion/Continuation, giving instructions with respect to convert and continue Borrowings, requests for Letters of Credit and Swingline Loans, delivering certificates and instructions on behalf the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on its behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as it if the same had been made directly by such Borrower.

Borrower Representative. Holdings Each Borrower hereby designates Penhall (ithe "Borrower Representative") is designated and appointed by each Borrower as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing notices Notices of BorrowingsRevolving Credit Advances and Notices of Conversion/Continuation, notices giving instructions with respect to convert and continue Borrowings, requests for Letters of Credit and Swingline Loans, delivering certificates and instructions on behalf the disbursement of the Borrowersproceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants, but without relieving any Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. Administrative Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on its behalf of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as it if the same had been made directly by such Borrower.