Common use of Borrower Representative Clause in Contracts

Borrower Representative. Each Borrower hereby designates the Company as its Borrower Representative. The Borrower Representative will be acting as agent on each of the Borrowers behalf for the purposes of issuing notices of Borrowing and notices of conversion/continuation of any Loans pursuant to Section 2.02 or similar notices, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices, consents and communications 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 or the Borrowers under the Loan Documents. The Borrower Representative hereby accepts such appointment. Each Borrower agrees that each notice, election, communication, representation and warranty, covenant, agreement and undertaking made on its behalf 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.

Appears in 1 contract

Samples: Intercreditor Agreement (Tribune Publishing Co)

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Borrower Representative. Each Borrower hereby designates the Company Borrower Representative as its Borrower Representative. The Borrower Representative will be acting as representative and agent on each of the Borrowers its behalf for the purposes of issuing notices of Borrowing and notices of conversion/continuation of any Loans pursuant to Section 2.02 or similar noticesborrowing requests, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices, notices and consents and communications hereunder or under any of the other Loan Documents Other Agreements and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under this Agreement and the Loan DocumentsOther Agreements. The Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to this Agreement or any Other Agreement from Borrower Representative as a notice or communication from all Borrowers. Each Borrower agrees that each notice, election, communication, representation and warranty, covenant, agreement and undertaking made on its a Borrower’s behalf 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Amcon Distributing Co)

Borrower Representative. Each Borrower hereby designates the Company GII as its representative and agent on its behalf (in such capacity, the "Borrower Representative. The Borrower Representative will be acting as agent on each of the Borrowers behalf ") for the purposes of issuing notices Notices of Borrowing Revolving Credit Advances and notices Notices of conversionConversion/continuation of any Loans pursuant to Section 2.02 or similar noticesContinuation, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices, notices and consents and communications 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 or the Borrowers under the Loan Documents. The Borrower Representative hereby accepts such appointment. 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. Each Borrower agrees that each notice, election, communication, representation and warranty, covenant, agreement and undertaking made on its behalf 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.

Appears in 1 contract

Samples: Credit Agreement (Golfsmith International Holdings Inc)

Borrower Representative. Each Borrower hereby designates the Company and appoints Social as its representative and agent on its behalf (in such capacity, the "Borrower Representative. The Borrower Representative will be acting as agent on each of the Borrowers behalf ") for the purposes of issuing notices of Borrowing delivering certificates, including Compliance Certificates, and notices of conversion/continuation of any Loans pursuant to Section 2.02 or similar notices, giving other instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of CreditNotes, giving and receiving all other notices, notices and consents and communications hereunder or under any of the other Loan Transaction Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan Transaction Documents. The Borrower Representative hereby accepts such appointment. Agent, each Lender and each Holder may regard any notice or other communication pursuant to any Transaction Document from Borrower Representative as a notice or communication from all Borrowers. Each Borrower agrees that each notice, election, communication, 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.

Appears in 1 contract

Samples: Financing Agreement (SOCIAL REALITY, Inc.)

Borrower Representative. Each Borrower hereby designates the Company and appoints SVCMC as its representative and agent on its behalf (the “Borrower Representative. The Borrower Representative will be acting as agent on each of the Borrowers behalf ”) for the purposes of issuing notices Notices of Borrowing and notices of conversion/continuation of any Loans pursuant to Section 2.02 or similar noticesBorrowings, delivering certificates including Compliance Certificates, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices, notices and consents and communications 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 or the Borrowers under the Loan Documents. The Borrower Representative hereby xxxxxx accepts such appointment. 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. Each Borrower agrees that each notice, election, communication, 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.

Appears in 1 contract

Samples: Possession Credit Agreement

Borrower Representative. Each Borrower hereby designates the Company and appoints Akorn as its representative and agent on its behalf (the “Borrower Representative. The Borrower Representative will be acting as agent on each of the Borrowers behalf ”) for the purposes of issuing notices Notices of Borrowing and notices of conversion/continuation of any Loans pursuant to Section 2.02 or similar noticesBorrowings, delivering certificates including Compliance Certificates, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices, notices and consents and communications 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 or the Borrowers under the Loan Documents. The Borrower Representative hereby accepts such appointment. 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. Each Borrower agrees that each notice, election, communication, 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.

Appears in 1 contract

Samples: Credit Agreement (Akorn Inc)

Borrower Representative. Each Borrower hereby designates the Company ICON as its Borrower Representative. The Borrower Representative will be acting act as agent on behalf of each of the Borrowers behalf Borrower for the purposes of issuing notices of Borrowing and notices of conversion/continuation of any Loans pursuant to Section 2.02 2.03 or similar notices, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices, notices and consents and communications 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 or the Borrowers under the Loan Documents. The Borrower Representative hereby accepts such appointment. Each Borrower agrees that each notice, election, communication, representation and warranty, covenant, agreement and undertaking made on its behalf 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.

Appears in 1 contract

Samples: Credit Agreement (iFit Health & Fitness Inc)

Borrower Representative. Each Borrower hereby designates the Company as its Borrower Representative. The Borrower Representative will be acting as agent on each of the Borrowers Xxxxxxxx’s behalf for the purposes of issuing notices of Borrowing borrowing and notices of conversion/continuation of any Loans pursuant to Section 2.02 or similar notices, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices, notices and consents and communications 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 or the Borrowers under the Loan Documents. The Borrower Representative hereby xxxxxx accepts such appointment. Each Borrower agrees that each notice, election, communication, representation and warranty, covenant, agreement and undertaking made on its behalf 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.

Appears in 1 contract

Samples: Credit Agreement (Astronics Corp)

Borrower Representative. Each Borrower hereby designates the Company Borrower Representative as its Borrower Representative. The Borrower Representative will be acting as representative and agent on each of the Borrowers its behalf for the purposes of issuing notices of Borrowing and notices of conversion/continuation of any Loans pursuant to Section 2.02 or similar noticesborrowing requests, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices, notices and consents and communications hereunder or under any of the other Loan Documents Other Agreements and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under this Agreement and the Loan DocumentsOther Agreements. The Borrower Representative hereby xxxxxx accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to this Agreement or any Other Agreement from Borrower Representative as a notice or communication from all Borrowers. Each Borrower agrees that each notice, election, communication, representation and warranty, covenant, agreement and undertaking made on its a Borrower’s behalf 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Amcon Distributing Co)

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Borrower Representative. Each Borrower hereby designates the Company Borrower Representative to act as its Borrower Representativeagent hereunder. The Borrower Representative will be acting may act as agent on behalf of each of the Borrowers behalf Borrower for the purposes of issuing notices of delivering Borrowing Requests and notices of conversion/continuation of any Loans pursuant to under Section 2.02 or 2.08 and/or similar notices, giving instructions with respect to the disbursement of the proceeds of the LoansLoans and Letters of Credit, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices, notices and consents and communications 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 or the Borrowers under the Loan Documents. The Borrower Representative hereby accepts such appointment. Each Borrower agrees that each notice, election, communication, representation and warranty, covenant, agreement and undertaking made on its behalf 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.

Appears in 1 contract

Samples: Credit Agreement (Brookfield Property REIT Inc.)

Borrower Representative. Each Borrower hereby designates the Company Borrower Representative as its Borrower Representative. The Borrower Representative will be acting as representative and agent on each of the Borrowers its behalf for the purposes of issuing notices of Borrowing and notices of conversion/continuation of any Loans pursuant to Section 2.02 or similar noticesrequests for Loans, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices, notices and consents and communications 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 or the Borrowers under the Loan Documents. The Borrower Representative hereby accepts such appointment. Administrative 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. Each Borrower agrees that each notice, election, communication, representation and warranty, covenant, agreement and undertaking made on its behalf 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.

Appears in 1 contract

Samples: Revolving Loan Agreement (Resmed Inc)

Borrower Representative. Each Borrower hereby designates the Company and appoints SVCMC as its representative and agent on its behalf (the “Borrower Representative. The Borrower Representative will be acting as agent on each of the Borrowers behalf ”) for the purposes of issuing notices Notices of Borrowing and notices of conversion/continuation of any Loans pursuant to Section 2.02 or similar noticesBorrowings, delivering certificates including Compliance Certificates, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices, notices and consents and communications 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 or the Borrowers under the Loan Documents. The Borrower Representative hereby accepts such appointment. 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. Each Borrower agrees that each notice, election, communication, 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.

Appears in 1 contract

Samples: Possession Credit Agreement

Borrower Representative. Each Borrower hereby designates the Company Borrower Representative as its Borrower Representative. The Borrower Representative will be acting as representative and agent on each of the Borrowers its behalf for the purposes of issuing notices of Borrowing and notices of conversion/continuation of any Loans pursuant to Section 2.02 or similar noticesborrowing requests, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices, notices and consents and communications hereunder or under any of the other Loan Documents Other Agreements and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under this Agreement and the Loan DocumentsOther Agreements. The Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to this Agreement or any Other Agreement from Borrower Representative as a notice or communication from all Borrowers. Each Borrower agrees that each notice, election, communication, representation and warranty, covenant, agreement and undertaking made on its a Borrower's behalf 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.

Appears in 1 contract

Samples: Loan and Security Agreement (Amcon Distributing Co)

Borrower Representative. Each Borrower hereby designates the Company and appoints Parent as its representative and agent on its behalf (in such capacity, the “Borrower Representative. The Borrower Representative will be acting as agent on each of the Borrowers behalf ”) for the purposes of issuing notices delivering certificates, including Compliance Certificates, giving Notices of Borrowing and notices of conversion/continuation of any Loans pursuant to Section 2.02 or similar notices, giving other instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of CreditNote, giving and receiving all other notices, notices and consents and communications hereunder or under any of the other Loan Transaction Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan Transaction Documents. The Borrower Representative hereby accepts such appointment. Agent and Lender may regard any notice or other communication pursuant to any Transaction Document from Borrower Representative as a notice or communication from Borrower. Each Borrower agrees that each notice, election, communication, representation and warranty, covenant, agreement and undertaking made on its behalf of 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.. 15651.048 4835-8083-6858.11 21

Appears in 1 contract

Samples: Financing Agreement (Elevate Credit, Inc.)

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