Common use of Borrower Agent Clause in Contracts

Borrower Agent. Each Borrower hereby irrevocably appoints Transit -------------- Group, and Transit Group agrees to act under this Agreement, as the agent and representative of itself and each other Borrower for all purposes under this Agreement, including receiving account statements and other notices and communications to Borrowers (or any of them) from Lender. Lender may rely, and shall be fully protected in relying, on any disbursement instructions, reports, information or any other notice or communication made or given by Transit Group, whether in its own name, on behalf of any Borrower or on behalf of "the Borrowers," and Lender shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such request, instruction, report, information, notice or communication, nor shall the joint and several character of Borrowers' liability for any of the Revolving Loans or other Obligations be affected, provided that the provisions of this Section 2.3 shall not be construed so as to preclude any Borrower from directly requesting Revolving Loans or taking other actions permitted to be taken by "a Borrower" hereunder. Lender intends to maintain a single loan account in the name of "Transit Group" hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower's liability for the Revolving Loans and other Obligations.

Appears in 1 contract

Sources: Loan and Security Agreement (Transit Group Inc)

Borrower Agent. Each Borrower hereby irrevocably appoints Transit -------------- Group, The Holding Company Borrower and Transit Group The Holding Company Borrower agrees to act under this Agreement, as the agent and representative of itself and each other Borrower for all purposes under this AgreementAgreement (in such capacity, "Borrower Agent"), including requesting Revolving Loans, selecting whether any Loan or portion thereof is to bear interest as a Prime Rate Loan or a LIBOR Rate Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from LenderAgent. Lender Agent may rely, and shall be fully protected in relying, on any Loan Request, disbursement instructions, reports, information information, or any other notice or communication made or given by Transit GroupBorrower Agent, whether either in its own name, on behalf of any a Borrower or on behalf of "the Borrowers," and Lender Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such requestLoan Request, instruction, report, information, or other notice or communication, nor shall the joint and several character of Borrowers' liability for any of the Revolving Loans or other Obligations be affected, provided that the provisions of this Section 2.3 4.10 shall not be construed so as to preclude any either a Borrower from directly requesting Revolving Loans Borrowings or taking other actions permitted to be taken by "a Borrower" hereunder. Lender intends to Agent may maintain a single loan account in the name of "Transit GroupEuronet Worldwide, Inc." hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower's liability for the Revolving Loans and other Obligations.

Appears in 1 contract

Sources: Credit Agreement (Euronet Worldwide Inc)

Borrower Agent. Each Borrower hereby irrevocably appoints Transit -------------- GroupEuronet Worldwide, Inc. and Transit Group Euronet Worldwide, Inc. agrees to act under this Agreement, as the agent and representative of itself and each other Borrower for all purposes under this AgreementAgreement (in such capacity, "Borrower Agent"), including requesting Revolving Loans, selecting whether any Loan is to be denominated in Euros or GBPs, and receiving account statements and other notices and communications to Borrowers (or any of them) from LenderAgent. Lender Agent may rely, and shall be fully protected in relying, on any Loan Request, disbursement instructions, reports, information information, or any other notice or communication made or given by Transit GroupBorrower Agent, whether either in its own name, on behalf of any either Borrower or on behalf of "the Borrowers," and Lender Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such requestLoan Request, instruction, report, information, or other notice or communication, nor shall the joint and several character of Borrowers' liability for any of the Revolving Loans or other Obligations be affected, provided that the provisions of this Section 2.3 4.10 shall not be construed so as to preclude any either Borrower from directly requesting Revolving Loans Borrowings or taking other actions permitted to be taken by "a Borrower" hereunder. Lender intends to Agent may maintain a single loan account in the name of "Transit Groupe-pay/Delta" hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower's liability for the Revolving Loans and other Obligations.

Appears in 1 contract

Sources: Credit Agreement (Euronet Worldwide Inc)

Borrower Agent. Each Borrower hereby irrevocably appoints Transit -------------- Group, DOIC and Transit Group DOIC agrees to act under this Agreement, as the agent and representative of itself and each other Borrower for all purposes under this AgreementAgreement (in such capacity, "Borrower Agent"), including requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from LenderAgent. Lender Agent may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, disbursement instructions, reports, information information, Borrowing Base Certificate or any other notice or communication made or given by Transit GroupBorrower Agent, whether either in its own name, on behalf of any either Borrower or on behalf of "the Borrowers," and Lender Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such requestNotice of Borrowing, Notice of Conversion Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers' liability for any of the Revolving Loans or other Obligations be affected, provided that the provisions of this Section 2.3 3.3 shall not be construed so as to preclude any either Borrower from directly requesting Revolving Loans Borrowings or taking other actions permitted to be taken by "a Borrower" hereunder. Lender intends to Agent may maintain a single loan account Loan Account in the name of "Transit GroupDanka Office Imaging Company" hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower's liability for the Revolving Loans and other Obligations.

Appears in 1 contract

Sources: Loan and Security Agreement (Danka Business Systems PLC)

Borrower Agent. Each Borrower hereby irrevocably appoints Transit -------------- Group, PNA and Transit Group PNA agrees to act under this Agreement, as the agent and representative of itself and each other Borrower for all purposes under this AgreementAgreement (in such capacity, “Borrower Agent”), including requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from LenderAdministrative Agent. Lender Administrative Agent may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, disbursement instructions, reports, information information, Borrowing Base Certificate or any other notice or communication made or given by Transit GroupBorrower Agent], whether in its own name, on behalf of any Borrower or on behalf of "the Borrowers," and Lender Administrative Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such requestNotice of Borrowing, Notice of Conversion Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communicationcommunication from Borrower Agent, nor shall the joint and several character of Borrowers' liability for any of the Revolving Loans or other Obligations be affected, provided that the provisions of this Section 2.3 shall not be construed so as to preclude any Borrower from directly requesting Revolving Loans or taking other actions permitted to be taken by "a Borrower" hereunder. Lender intends to Administrative Agent may maintain a single loan account Loan Account in the name of "Transit “PNA Group" , Inc.” hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower's ’s liability for the Revolving Loans and other Obligations.

Appears in 1 contract

Sources: Credit and Security Agreement (PNA Group Holding CORP)

Borrower Agent. Each Borrower Obligor hereby irrevocably appoints Transit -------------- Group, MasTec and Transit Group MasTec agrees to act under this Agreement, as the agent and representative of itself and each other Borrower Obligor for all purposes under this AgreementAgreement (in such capacity, "Borrower Agent"), including requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, and receiving account statements and other notices and communications to Borrowers Obligors (or any of them) from LenderAgent. Lender Agent may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, disbursement instructions, reports, information information, Borrowing Base Certificate or any other notice or communication made or given by Transit GroupBorrower Agent, whether in its own name, on behalf of any Borrower Obligor or on behalf of "the Borrowers" or "the Obligors," and Lender Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower Obligor of any such requestNotice of Borrowing, Notice of Conversion Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers' liability for any of the Revolving Loans or other Obligations be affected, provided that the provisions of this Section 2.3 SECTION 4.4 shall not be construed so as to preclude any Borrower from directly requesting Revolving Loans Borrowings or taking other actions permitted to be taken by "a Borrower" hereunder. Lender intends to Agent may maintain a single loan account Loan Account in the name of "Transit GroupMasTec" hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower's liability for the Revolving Loans and other Obligations.

Appears in 1 contract

Sources: Loan and Security Agreement (Mastec Inc)

Borrower Agent. Each Borrower hereby irrevocably appoints Transit -------------- GroupIHC, and Transit Group IHC agrees to act under this Agreement, as the agent and representative of itself and each other Borrower for all purposes under this AgreementAgreement (in such capacity, “Borrower Agent”), including requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from LenderAdministrative Agent. Lender Administrative Agent may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, disbursement instructions, reports, information information, Borrowing Base Certificate or any other notice or communication made or given by Transit GroupBorrower Agent, whether in its own name, on behalf of any Borrower or on behalf of "the Borrowers," and Lender Administrative Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such requestNotice of Borrowing, Notice of Conversion Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers' liability for any of the Revolving Loans or other Obligations be affected, provided that the provisions of this Section 2.3 4.4 shall not be construed so as to preclude any Borrower from directly requesting Revolving Loans Borrowings or taking other actions permitted to be taken by "a Borrower" hereunder. Lender intends to Administrative Agent may maintain a single loan account Loan Account in the name of "Transit Group" “InSight Health Corp.” hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower's ’s liability for the Revolving Loans and other Obligations.

Appears in 1 contract

Sources: Loan and Security Agreement (Insight Health Services Holdings Corp)

Borrower Agent. Each Borrower hereby irrevocably appoints Transit -------------- GroupEuramax, and Transit Group ▇▇▇▇▇▇▇ agrees to act under this Agreement, as the agent and representative of itself and each other Borrower for all purposes under this AgreementAgreement (in such capacity, "Borrower Agent"), including requesting borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from LenderAgent. Lender Agent may rely, and shall be fully protected in relying, on any Funding Notice, Conversion/Continuation Notice, disbursement instructions, reports, information information, Borrowing Base Certificate or any other notice or communication made or given by Transit GroupBorrower Agent, whether in its own name, on behalf of any Borrower or on behalf of "the Borrowers," and Lender Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such requestFunding Notice, Notice of Conversion Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers' liability for any of the Revolving Loans or other Obligations be affected, provided that the provisions of this Section 2.3 2.18 shall not be construed so as to preclude any Borrower from directly requesting Revolving Loans Borrowings or taking other actions permitted to be taken by "a Borrower" hereunder. Lender intends to Agent may maintain a single loan account Loan Account in the name of "Transit GroupEuramax International, Inc." hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower▇▇▇▇▇▇▇▇'s liability for the Revolving Loans and other Obligations.

Appears in 1 contract

Sources: Senior Secured Revolving Credit and Guaranty Agreement (Euramax Holdings, Inc.)