Common use of Borrower as Agent Clause in Contracts

Borrower as Agent. (a) Each Offshore Group Member (other than the Borrower) by its execution of this Agreement or a Counterpart Agreement, irrevocably appoints the Borrower to act on its behalf as its agent in relation to the Credit Documents (in such capacity, the “Obligors’ Agent”) and irrevocably authorizes: (i) the Borrower on its behalf to supply all information concerning itself contemplated by this Agreement to the Finance Parties and to give all notices and instructions, to make such agreements and to effect the relevant amendments, supplements and variations capable of being given, made or effected by any Offshore Group Member notwithstanding that they may affect the Offshore Group Member, without further reference to or the consent of that Offshore Group Member; and (ii) each Finance Party to give any notice, demand or other communication that is required to be delivered to that Offshore Group Member pursuant to the Credit Documents to the Borrower, and in each case the Offshore Group Member shall be bound as though the Offshore Group Member itself had given the notices and instructions or executed or made the agreements or effected the amendments, supplements or variations, or received the relevant notice, demand or other communication. (b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent or given to the Obligors’ Agent under any Credit Document on behalf of another Offshore Group Member or in connection with any Credit Document (whether or not known to any other Offshore Group Member and whether occurring before or after such other Offshore Group Member became a party to any Credit Document) shall be binding for all purposes on that Offshore Group Member as if that Offshore Group Member had expressly made, given or concurred with it. In the event of any conflict between any notices or other communications of the Obligors’ Agent and any other Offshore Group Member, those of the Obligors’ Agent shall prevail. [Remainder of page intentionally left blank]

Borrower as Agent. (a) Each Offshore Group Member (other than the Borrower) by its execution of this Agreement or a Counterpart Agreement, irrevocably appoints the Borrower to act on its behalf as its agent in relation to the Credit Documents (in such capacity, the “Obligors’ Agent”) and irrevocably authorizes: (i) the Borrower on its behalf to supply all information concerning itself contemplated by this Agreement to the Finance Parties and to give all notices and instructions, to make such agreements and to effect the relevant amendments, supplements and variations capable of being given, made or effected by any Offshore Group Member notwithstanding that they may affect the Offshore Group Member, without further reference to or the consent of that Offshore Group Member; and (ii) each Finance Party to give any notice, demand or other communication that is required to be delivered to that Offshore Group Member pursuant to the Credit Documents to the Borrower, and in each case the Offshore Group Member shall be bound as though the Offshore Group Member itself had given the notices and instructions or executed or made the agreements or effected the amendments, supplements or variations, or received the relevant notice, demand or other communication. (b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent or given to the Obligors’ Agent under any Credit Document on behalf of another Offshore Group Member or in connection with any Credit Document (whether or not known to any other Offshore Group Member and whether occurring before or after such other Offshore Group Member became a party to any Credit Document) shall be binding for all purposes on that Offshore Group Member as if that Offshore Group Member had expressly made, given or concurred with it. In the event of any conflict between any notices or other communications of the Obligors’ Agent and any other Offshore Group Member, those of the Obligors’ Agent shall prevail. [Remainder of page intentionally left blank]] - 140 - CREDIT AGREEMENT