Common use of Borrower Representative Clause in Contracts

Borrower Representative. Each Borrower hereby designates the Borrower Representative as its representative and agent for all purposes under the Loan Documents, including delivery or receipt of communications with any Lender, 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 any Lender. Borrower Representative hereby accepts such appointment. Collateral Agent and Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication delivered by Borrower Representative on behalf of any Borrower. Lenders may send any notice or communication with a Borrower hereunder to Borrower Representative on behalf of such Borrower. Lenders shall have the right, in its discretion, to deal exclusively with Borrower Representative 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 Representative shall be binding upon and enforceable against it.

Appears in 6 contracts

Samples: Loan Agreement (Apparel Holding Corp.), Term Loan Agreement (Apparel Holding Corp.), Term a Loan Agreement (Apparel Holding Corp.)

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Borrower Representative. Each Borrower hereby designates the Borrower Representative as its representative and agent for all purposes under the Loan Documents, including delivery or receipt of communications with the Collateral Agent any Lender, 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 Collateral Agent or any Lender. Borrower Representative hereby accepts such appointment. Collateral Agent and Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication delivered by Borrower Representative on behalf of any Borrower. Lenders may send any notice or communication with a Borrower hereunder to Borrower Representative on behalf of such Borrower. The Collateral Agent and the Lenders shall have the right, in its discretion, to deal exclusively with Borrower Representative 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 Representative shall be binding upon and enforceable against it.

Appears in 3 contracts

Samples: Term Loan Agreement (Apparel Holding Corp.), Term Loan Agreement (Apparel Holding Corp.), Term Loan Agreement (Apparel Holding Corp.)

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Borrower Representative. Each Borrower hereby designates the Fuse (“Borrower Representative Representative”) as its representative and agent for all purposes under the Loan Documents, including requests for and receipt of Loans, delivery or receipt of communications with any Lendercommunications, preparation and delivery of financial reportsborrower materials, 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 Lender. Borrower Representative Fuse hereby accepts such appointment. Collateral Agent and Lenders Lender 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 Representative Fuse on behalf of any Borrower. Lenders Lender may send give any notice or communication with a Borrower hereunder to Borrower Representative Fuse on behalf of such Borrower. Lenders Lender shall have the right, in its discretion, to deal exclusively with Borrower Representative Fuse for any or all purposes under the Loan Documents. Each Borrower agrees that any notice notice, election, communication, delivery, representation, agreement agreement, action, omission or undertaking made on its behalf by Borrower Representative Fuse shall be binding upon and enforceable against it.

Appears in 1 contract

Samples: Business Loan Agreement (Fuse Medical, Inc.)

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