Common use of Borrower Representative Clause in Contracts

Borrower Representative. Each Loan Party hereby designates Parent Borrower as its representative and agent for all purposes under the Loan Documents, including requests for Advances 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, any Issuing Bank or any Lender, and Parent Borrower 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 delivered by Parent Borrower on behalf of any Loan Party. The Agent and the Lenders may give any notice or communication with a Loan Party hereunder to Parent Borrower on behalf of such Loan Party. Each of the Agent, the Issuing Banks and the Lenders shall have the right, in its discretion, to deal exclusively with Parent Borrower for any or all purposes under the Loan Documents. Each Loan Party agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by Parent Borrower shall be binding upon and enforceable against it.

Borrower Representative. Each Loan Party Borrower hereby irrevocably appoints and designates Parent (“Borrower Representative”) as its representative and agent for all purposes under the Loan Documents, including requests for Advances 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 Lenders, the L/C Issuers and/or the Administrative Agent, any Issuing Bank or any Lender, and Parent . Borrower Representative hereby irrevocably accepts such appointment. The Agent Each of the Lenders, the L/C Issuers and the Lenders Administrative Agent 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 Parent Borrower Representative on behalf of any Loan Partythe Borrowers. The Each of the Lenders, the L/C Issuers and/or the Administrative Agent and the Lenders may give any notice or communication with a Loan Party the Borrowers (or any one or more of them) hereunder to Parent Borrower Representative on behalf of such Loan PartyBorrower or Borrowers. Each of the AgentLenders, the Issuing Banks and L/C Issuers and/or the Lenders Administrative Agent shall have the right, in its discretion, to deal exclusively with Parent Borrower Representative for any or all purposes under the Loan Documents. Each Loan Party of the Borrowers agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by Parent Borrower Representative shall be binding upon and enforceable against it.

Borrower Representative. Each Loan Party hereby designates Parent Lead Borrower as its representative and agent for all purposes under the Loan Documents, including requests for Advances 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, any Issuing Bank or any Lender, and Parent Lead Borrower 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 delivered by Parent Lead Borrower on behalf of any Loan Party. The Agent and the Lenders may give any notice or communication with a Loan Party hereunder to Parent Lead Borrower on behalf of such Loan Party. Each of the Agent, the Issuing Banks and the Lenders shall have the right, in its discretion, to deal exclusively with Parent Lead Borrower for any or all purposes under the Loan Documents. Each Loan Party agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by Parent Lead Borrower shall be binding upon and enforceable against it.

Borrower Representative. Each Loan Party Borrower hereby designates Parent Borrower the Company as its representative and agent for all purposes under the Loan Credit Documents, including requests for Advances Revolving 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 Credit Documents (including in respect of compliance with covenants), and all other dealings with the Administrative Agent, any the Issuing Bank Banks or any Lender, and Parent Borrower . The Company hereby accepts such appointment. The Administrative 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) delivered by Parent Borrower the Company on behalf of any Loan PartyBorrower. The Administrative Agent and the Lenders may give any notice or communication with a Loan Party Borrower hereunder to Parent Borrower the Company on behalf of such Loan PartyBorrower. Each of the Administrative Agent, the Issuing Banks and the Lenders shall have the right, in its discretion, to deal exclusively with Parent Borrower the Company for any or all purposes under the Loan Credit Documents. Each Loan Party Borrower agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by Parent the Lead Borrower shall be binding upon and enforceable against it.

Borrower Representative. Each Loan Party Borrower hereby designates Parent Borrower the Company as its representative and agent for all purposes under the Loan Credit Documents, including requests for Advances Revolving 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 Credit Documents (including in respect of compliance with covenants), and all other dealings with the Administrative Agent, any the Issuing Bank Banks or any Lender, and Parent Borrower . The Company hereby accepts such appointment. The Administrative 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) delivered by Parent Borrower the Company on behalf of any Loan PartyBorrower. The Administrative Agent and the Lenders may give any notice or communication with a Loan Party Borrower hereunder to Parent Borrower the Company on behalf of such Loan PartyBorrower. Each of the Administrative Agent, the Issuing Banks and the Lenders shall have the right, in its discretion, to deal exclusively with Parent Borrower the Company for any or all purposes under the Loan Credit Documents. Each Loan Party Borrower agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by Parent the Lead Borrower shall be binding upon and enforceable against it.

Borrower Representative. Each Loan Party Borrower hereby designates Parent (“Borrower Representative”) as its representative and agent for all purposes under the Loan Documents, including requests for Advances Loans and Letters of Credit, designation of interest rates, delivery or receipt of communicationscommunications with Agent, the Issuing Bank or any Lender, preparation and delivery deliver 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, any the Issuing Bank or any Lender, and Parent . Borrower Representative 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) delivered by Parent Borrower Representative on behalf of any Loan PartyBorrower. The Agent and the Lenders may give send any notice or communication with a Loan Party Borrower hereunder to Parent Borrower Representative on behalf of such Loan PartyBorrower. Each of the Agent, the Issuing Banks Bank and the Lenders shall have the right, in its discretion, to deal exclusively with Parent Borrower Representative for any or all purposes under the Loan Documents. Each Loan Party Borrower agrees that any notice, notice election, communication, representation, agreement or undertaking made on its behalf by Parent Borrower Representative shall be binding upon and enforceable against it.

Borrower Representative. Each Loan Party Borrower hereby designates the Parent Borrower as its representative and agent on its behalf for all the purposes under of issuing Notices of Borrowing, Notices of Conversion or Continuations, giving instructions with respect to the Loan Documentsdisbursement of the proceeds of the Advances, including requests for Advances and selecting interest rate options, requesting, extending, increasing Letters of Credit, designation giving and receiving all other notices and consents hereunder or under any 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 the other accommodations, actions under the Loan Documents and taking all other actions (including in respect of compliance with covenants), and all other dealings with ) on behalf of any Borrower or Borrowers under the Agent, any Issuing Bank or any Lender, and Parent Credit Documents. Borrower Representative hereby accepts such appointment. The Agent Administrative Agent, Issuing Lender and the Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, each Lender may regard any notice or other communication delivered by Parent Borrower on behalf of pursuant to any Loan Party. The Agent Document from Borrower Representative as a notice or communication from all Borrowers, and the Lenders may give any notice or communication with a Loan Party required or permitted to be given to any Borrower or Borrowers hereunder to Parent Borrower Representative on behalf of such Loan PartyBorrower or Borrowers. Each of the Agent, the Issuing Banks and the Lenders shall have the right, in its discretion, to deal exclusively with Parent Borrower for any or all purposes under the Loan Documents. Each Loan Party agrees that any each notice, election, communicationrepresentation and warranty, representationcovenant, agreement or and undertaking made on its behalf by Parent Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against itsuch Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Each Loan Party Borrower hereby designates Parent Borrower the Company as its representative and agent for all purposes under the Loan Credit Documents, including requests for Advances Revolving 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 Credit Documents (including in respect of compliance with covenants), and all other dealings with the Administrative Agent, any the Issuing Bank Banks or any Lender, and Parent Borrower . The Company hereby accepts such appointment. The Administrative 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) delivered by Parent Borrower the Company on behalf of any Loan PartyBorrower. The Administrative Agent and the Lenders may give any notice or communication with a Loan Party Borrower hereunder to Parent Borrower the Company on behalf of such Loan PartyBorrower. Each of the Administrative Agent, the Issuing Banks and the Lenders shall have the right, in its discretion, to deal exclusively with Parent Borrower the Company for any or all purposes under the Loan Credit Documents. Each Loan Party Borrower agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by Parent Borrower the Company shall be binding upon and enforceable against it.

Borrower Representative. Each Loan Party Borrower hereby designates Parent Borrower Contango as its representative and agent on its behalf for all the purposes under of issuing Notices of Borrowing, Notices of Conversion or Continuations, giving instructions with respect to the Loan Documentsdisbursement of the proceeds of the Advances, including requests for Advances and selecting interest rate options, requesting, extending, increasing Letters of Credit, designation giving and receiving all other notices and consents hereunder or under any 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 the other accommodations, actions under the Loan Documents and taking all other actions (including in respect of compliance with covenants), and all other dealings with ) on behalf of any Borrower or Borrowers under the Agent, any Issuing Bank or any Lender, and Parent Loan Documents. Borrower Representative hereby accepts such appointment. The Agent Administrative Agent, Issuing Lender and the Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, each Lender may regard any notice or other communication delivered by Parent Borrower on behalf of pursuant to any Loan Party. The Agent Document from Borrower Representative as a notice or communication from all Borrowers, and the Lenders may give any notice or communication with a Loan Party required or permitted to be given to any Borrower or Borrowers hereunder to Parent Borrower Representative on behalf of such Loan PartyBorrower or Borrowers. Each of the Agent, the Issuing Banks and the Lenders shall have the right, in its discretion, to deal exclusively with Parent Borrower for any or all purposes under the Loan Documents. Each Loan Party agrees that any each notice, election, communicationrepresentation and warranty, representationcovenant, agreement or and undertaking made on its behalf by Parent Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against itsuch Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Each Loan Party Borrower hereby designates Parent Borrower and appoints the Company as its representative and agent on its behalf for all purposes under the Loan Documents, including requests for Advances and Letters of CreditLoans, designation selection of interest ratesrate options, issuing and delivering Borrowing Requests, Interest Election Requests, delivery or receipt of communications, preparation and delivery of Borrowing Base Certificates and financial reports, receipt and payment of Obligations, giving instructions with respect to the disbursement of the proceeds of the Loans, requests for waivers, amendments or other accommodations, actions giving and receiving all other notices, certifications and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants)) on behalf of any Borrower under the Loan Documents, and all other dealings with the Administrative Agent, any Issuing Bank Lender or any Lender, and Parent Borrower Issuer. The Company hereby accepts such appointment. The Administrative Agent and the Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication delivered by Parent Borrower the Company on behalf of any Loan PartyBorrower. The Agent Administrative Agent, the Lenders and the Lenders Issuers may give any notice to or communication with a Loan Party Borrower hereunder to Parent Borrower the Company on behalf of such Loan PartyBorrower. Each of the Agent, the Issuing Banks Administrative Agent and the Lenders shall have the right, in its discretion, to deal exclusively with Parent Borrower the Company for any or all purposes under the Loan Documents. Each Loan Party agrees that any noticewarranty, election, communication, representationcovenant, agreement or and undertaking made on its behalf of a Borrower by Parent the Company shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against itsuch Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Each Loan Party Borrower hereby designates Parent Borrower Representative as its representative and agent for all purposes under the Loan Documents, including requests for Advances and Letters of CreditRevolving Credit Loans, designation of interest rates, delivery or receipt of communicationscommunications (including service of process), 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, any Issuing Bank the Collateral Agent or any Lender, and Parent . The Borrower Representative hereby accepts such appointment. The Administrative Agent, the Collateral Agent and the Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any Committed Loan Notice) delivered by Parent Borrower Representative on behalf of any Loan PartyBorrower. The Administrative Agent, the Collateral Agent and the Lenders may give any notice or communication with a Loan Party Borrower hereunder to Parent Borrower Representative on behalf of such Loan PartyBorrower. Each of the Administrative Agent, the Issuing Banks Collateral Agent and the Lenders shall have the right, in its discretion, to deal exclusively with Parent Borrower Representative for any or all purposes under the Loan Documents. Each Loan Party Borrower agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by Parent Borrower Representative shall be binding upon and enforceable against it.

Borrower Representative. Each Loan Party Borrower hereby designates Parent the Borrower Representative as its representative and agent for all purposes under the Loan Documents, including requests for Advances and Letters of CreditRevolving Credit Loans, designation of interest rates, delivery or receipt of communicationscommunications (including service of process), 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, any Issuing Bank the Collateral Agent or any Lender, and Parent . The Borrower Representative hereby accepts such appointment. The Administrative Agent, the Collateral Agent and the Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any Committed Loan Notice) delivered by Parent the Borrower Representative on behalf of any Loan PartyBorrower. The Administrative Agent, the Collateral Agent and the Lenders may give any notice or communication with a Loan Party Borrower hereunder to Parent the Borrower Representative on behalf of such Loan PartyBorrower. Each of the Administrative Agent, the Issuing Banks Collateral Agent and the Lenders shall have the right, in its discretion, to deal exclusively with Parent the Borrower Representative for any or all purposes under the Loan Documents. Each Loan Party Borrower agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by Parent the Borrower Representative shall be binding upon and enforceable against it.

Borrower Representative. Each Loan Party Borrower hereby designates Parent Borrower as its representative and agent on its behalf for all the purposes under the Loan Documents, including of requests for Advances and Loans, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, designation giving and receiving all other notices and consents hereunder or under any 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 the other accommodations, actions under the Loan Documents and taking all other actions (including in respect of compliance with covenants), and all other dealings with the Agent, any Issuing Bank or any Lender, and Parent Borrower 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 delivered by Parent Borrower ) on behalf of any Borrower or Borrowers under the Loan PartyDocuments. The Parent hereby accepts such appointment as Borrower Representative. Administrative Agent, Term Loan B Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from Borrower Representative as a notice or communication from all Borrowers, any group of Borrowers or any Borrower, as the Lenders case may be, and may give any notice or communication with a Loan Party required or permitted to be given to any Borrower or Borrowers hereunder to Parent Borrower Representative on behalf of such Loan PartyBorrower or Borrowers. Each of the Agent, the Issuing Banks and the Lenders shall have the right, in its discretion, to deal exclusively with Parent Borrower for any or all purposes under the Loan Documents. Each Loan Party agrees that any each notice, election, communicationrepresentation and warranty, representationcovenant, agreement or and undertaking made on its behalf by Parent Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against itsuch Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Each Loan Party Borrower hereby designates Parent Borrower the Company as its representative and agent for all purposes under the Loan Credit Documents, including requests for Advances Revolving 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 Credit Documents (including in respect of compliance with covenants), and all other dealings with the Administrative Agent, any the Issuing Bank Banks or any Lender, and Parent Borrower . The Company hereby accepts such appointment. The Administrative 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) delivered by Parent Borrower the Company on behalf of any Loan PartyBorrower. The Administrative Agent and the Lenders may give any notice or communication with a Loan Party Borrower hereunder to Parent Borrower the Company on behalf of such Loan PartyBorrower. Each of the Administrative Agent, the Issuing Banks and the Lenders shall have the right, in its discretion, to deal exclusively with Parent Borrower the Company for any or all purposes under the Loan Credit Documents. Each Loan Party Borrower agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by Parent Borrower the Lead BorrowerCompany shall be binding upon and enforceable against it.

Borrower Representative. Each Loan Party Borrower hereby designates Parent Borrower Holdings as its representative and agent (in such capacity, the “Borrower Representative”) for all purposes under the Loan Documents, including requests for Advances and receipt of 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, any Issuing Bank or any Lender, Administrative Agent and Parent the Lenders. Borrower Representative hereby accepts such appointment. The Administrative 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) delivered by Parent the Borrower Representative on behalf of any Loan PartyBorrower. The Administrative Agent and the Lenders may give any notice or communication with a Loan Party Borrower hereunder to Parent the Borrower Representative on behalf of such Loan PartyBorrower. Each of the Agent, the Issuing Banks The Administrative Agent and the Lenders shall have the right, in its their discretion, to deal exclusively with Parent the Borrower Representative for any or all purposes under the Loan Documents. Each Loan Party Borrower agrees that any notice, election, communication, delivery, representation, agreement agreement, action or undertaking made on its behalf by Parent the Borrower Representative shall be binding upon and enforceable against it.

Borrower Representative. Each Loan Party Borrower hereby designates Parent Kellwood Company (“Borrower Representative”) as its representative and agent for all purposes under the Loan Documents, including requests for Advances Loans and Letters of Credit, designation of interest rates, delivery or receipt of communicationscommunications with Agent, the Issuing Bank or any Lender, preparation and delivery deliver 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, any the Issuing Bank or any Lender, and Parent . Borrower Representative 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) delivered by Parent Borrower Representative on behalf of any Loan PartyBorrower. The Agent and the Lenders may give send any notice or communication with a Loan Party Borrower hereunder to Parent Borrower Representative on behalf of such Loan PartyBorrower. Each of the Agent, the Issuing Banks and the Lenders Agent shall have the right, in its discretion, to deal exclusively with Parent Borrower Representative for any or all purposes under the Loan Documents. Each Loan Party Borrower agrees that any notice, notice election, communication, representation, agreement or undertaking made on its behalf by Parent Borrower Representative shall be binding upon and enforceable against it.

Borrower Representative. Each Loan Party Borrower hereby designates Parent the Borrower Representative as its representative and agent for all purposes under the Loan Documents, including requests for Advances 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 amendments, consents, modifications or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with the Agent, any Issuing Bank or any Lender, and Parent . Borrower Representative hereby accepts such appointment. The Agent and the Lenders Bank 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 Parent Borrower Representative on behalf of the Borrowers or any Loan Partyof them. The Agent and the Lenders Lender may give any notice or communication with a Loan Party Borrower hereunder to Parent Borrower Representative on behalf of such Loan PartyBorrower. Each of the Agent, the Issuing Banks and the Lenders The Lender shall have the right, in its discretion, to deal exclusively with Parent Borrower Representative for any or all purposes under the Loan Documents. Each Loan Party Borrower agrees that 14766353\V-9 any notice, election, communication, representation, agreement or undertaking made on its behalf by Parent Borrower Representative shall be binding upon and enforceable against it.