Borrower Representative. Each of the Borrowers hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any Loan). Each of the Borrowers acknowledges and agrees that (a) Borrower Representative may execute such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) any notice or other communication delivered hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers (or any of them). Each Borrower must act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee or any Lender, such Borrower shall do so through Borrower Representative.
Appears in 9 contracts
Sources: Loan and Security Agreement (Neumora Therapeutics, Inc.), Loan and Security Agreement (Molecular Templates, Inc.), Loan and Security Agreement (Alto Neuroscience, Inc.)
Borrower Representative. Each of the Borrowers hereby appoints the Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any LoanLoans as described in Articles II and III). Each of the Borrowers acknowledges and agrees that (a) the Borrower Representative may execute such documents on behalf of any Borrower of the Borrowers as the Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by the Borrower Representative on its behalf, (b) any notice or other communication delivered by the Agent or any Lender hereunder to the Borrower Representative shall be deemed to have been delivered to each Borrower of the Borrowers and (c) Administrative Agent, Collateral Trustee the Agent and any Lender each of the Lenders shall accept (and shall be permitted to rely on) any document or agreement executed by the Borrower Representative on behalf of the Borrowers (or any of them). Each Borrower The Borrowers must act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee the Agent or any Lenderthe Lenders, such Borrower shall do so through the Borrower Representative.
Appears in 7 contracts
Sources: Credit Agreement (Epr Properties), Credit Agreement (Epr Properties), Credit Agreement (Epr Properties)
Borrower Representative. Each of the Borrowers Borrower hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, including with respect to all matters related to the borrowing and repayment of any LoanCredit Extension). Each of the Borrowers Borrower acknowledges and agrees that (a) Borrower Representative may execute such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) any notice or other communication delivered by Lender hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee and any the Lender shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers (or any of them). Each Borrower must act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee or any Lender, such Borrower shall do so through Borrower Representative.
Appears in 5 contracts
Sources: Loan and Security Agreement (Pulmonx Corp), Loan and Security Agreement (Pulmonx Corp), Loan and Security Agreement (Pulmonx Corp)
Borrower Representative. Each of the Borrowers hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any Loan). Each of the Borrowers acknowledges and agrees that (a) Borrower Representative may execute such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) any notice or other communication delivered hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers (or any of them). Each Borrower must act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee or any Lender, such Borrower shall do so through Borrower Representative.
Appears in 5 contracts
Sources: Loan and Security Agreement (Metacrine, Inc.), Loan and Security Agreement (Surface Oncology, Inc.), Loan and Security Agreement (Metacrine, Inc.)
Borrower Representative. Each of the Borrowers hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any Loan). Each of the Borrowers acknowledges and agrees that (a) Borrower Representative may execute such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) any notice or other communication delivered hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee Agent and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers (or any of them). Each Borrower must shall act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee Agent or any Lender, such Borrower shall do so through Borrower Representative.
Appears in 4 contracts
Sources: Loan and Security Agreement (EBR Systems, Inc.), Loan and Security Agreement (Allurion Technologies Holdings, Inc.), Loan and Security Agreement (Tracon Pharmaceuticals, Inc.)
Borrower Representative. Each of the Borrowers hereby appoints the Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any LoanLoans as described in Articles II and III). Each of the Borrowers acknowledges and agrees that (a) the Borrower Representative may execute such documents on behalf of any Borrower of the Borrowers as the Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by the Borrower Representative on its behalf, (b) any notice or other communication delivered by the Agent or any Lender hereunder to the Borrower Representative shall be deemed to have been delivered to each Borrower of the Borrowers and (c) Administrative Agent, Collateral Trustee the Agent and any Lender each of the Lenders shall accept (and shall be permitted to rely on) any document or agreement executed by the Borrower Representative on behalf of the Borrowers (or any of them). Each Borrower The Borrowers must act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee the Agent or any Lenderthe Lenders, such Borrower shall do so only through the Borrower Representative.
Appears in 4 contracts
Sources: Credit Agreement (Lepercq Corporate Income Fund L P), Credit Agreement (Lexington Realty Trust), Term Loan Agreement (Lexington Realty Trust)
Borrower Representative. Each of the Borrowers hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any LoanCredit Extension). Each of the Borrowers acknowledges and agrees that (a) Borrower Representative may execute such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) any notice or other communication delivered by Secured Party hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee and any Lender each Secured Party shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers (or any of them). Each Borrower must act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee or any LenderSecured Party, such Borrower shall do so through Borrower Representative.
Appears in 3 contracts
Sources: Loan and Security Agreement (Expensify, Inc.), Loan and Security Agreement (Expensify, Inc.), Loan and Security Agreement (Expensify, Inc.)
Borrower Representative. Each of the Borrowers hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any Loan). Each of the Borrowers acknowledges and agrees that (a) Borrower Representative may execute such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) any notice or other communication delivered hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee JGB Agent and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers B▇▇▇▇▇▇▇▇ (or any of them). Each Borrower Borrowers must act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee JGB Agent or any Lender, such Borrower shall do so through Borrower Representative.
Appears in 3 contracts
Sources: Loan and Guaranty Agreement (Ault Alliance, Inc.), Loan and Guaranty Agreement (Ault Alliance, Inc.), Loan and Guaranty Agreement (BitNile Holdings, Inc.)
Borrower Representative. Each of the Borrowers hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any Loan). Each of the Borrowers acknowledges and agrees that that
(a) Borrower Representative may execute such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) any notice or other communication delivered hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers ▇▇▇▇▇▇▇▇▇ (or any of them). Each Borrower must act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee or any Lender, such Borrower shall do so through Borrower Representative.
Appears in 2 contracts
Sources: Loan and Security Agreement (Alto Neuroscience, Inc.), Loan and Security Agreement (Alto Neuroscience, Inc.)
Borrower Representative. Each of the Borrowers hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents to which it is a party (including, without limitation, with respect to all matters related to the borrowing and repayment of any Loan). Each of the Borrowers acknowledges and agrees that (a) Borrower Representative may execute such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) any notice or other communication delivered hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers (or any of them). Each Borrower 205707600 v10 must act through the Borrower Representative for all purposes under this Agreement and the other Loan DocumentsDocuments to which it is a party. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee or any Lender, such Borrower shall do so through Borrower Representative.
Appears in 2 contracts
Sources: Loan and Security Agreement (Evelo Biosciences, Inc.), Loan and Security Agreement (Evelo Biosciences, Inc.)
Borrower Representative. Each of the Borrowers Loan Parties hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any Loan). Each of the Borrowers Loan Party acknowledges and agrees that (a) Borrower Representative may execute such documents on behalf of any Borrower Loan Party as Borrower Representative deems appropriate in its sole discretion and each Borrower Loan Party shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) any notice or other communication delivered hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower Loan Party, and (c) Administrative Agent, Collateral Trustee Agent and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers Loan Parties (or any of them). Each Borrower must Loan Party shall act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower Loan Party to interact in any manner with Administrative Agent, Collateral Trustee Agent or any Lender, such Borrower Loan Party shall do so through Borrower Representative.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (FiscalNote Holdings, Inc.), Amendment and Restatement Agreement (FiscalNote Holdings, Inc.)
Borrower Representative. Each of the Borrowers Borrower hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any LoanCredit Extension). Each of the Borrowers Borrower acknowledges and agrees that (a) Borrower Representative may execute such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) any notice or other communication delivered by Bank hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee and any Lender the Bank shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers (or any of them). Each Borrower must shall act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee or any LenderBank, such Borrower shall do so through Borrower Representative.
Appears in 2 contracts
Sources: Loan and Security Agreement (PROCEPT BioRobotics Corp), Loan and Security Agreement (Minerva Surgical Inc)
Borrower Representative. Each of the Borrowers Borrower hereby appoints Borrower Representative to act Antero as its exclusive agent contractual representative, hereunder and under each other Loan Document, for all purposes under the Loan Documents (includingpurposes, without limitation, with respect to all matters related including requesting borrowings and receiving account statements and other notices and communications to the borrowing and repayment of any Loan). Each of the Borrowers acknowledges and agrees that (a) Borrower Representative may execute such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) any notice or other communication delivered hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers (or any of them)) from the Administrative Agent or any Lender. Each The Administrative Agent and the Lenders may rely, and shall be fully protected in relying, on any request for borrowing, disbursement instruction, report, information or any other notice or communication made or given by such Person, whether in its own name, on behalf of any other Borrower must act through or on behalf of “the Borrowers,” and neither the Administrative Agent nor any Lender shall have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, notice or communication, nor shall the joint and several character of the Borrowers’ liability for the Obligations be affected. The Administrative Agent and the Lenders, and their respective officers, directors, agents or employees, shall not be liable to the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires or any Borrower for any action taken or omitted to interact in any manner with Administrative Agent, Collateral Trustee or any Lender, such be taken by the Borrower shall do so through Borrower RepresentativeRepresentative on behalf of the Borrowers pursuant to this Section 2.20.
Appears in 2 contracts
Sources: Credit Agreement (Antero Resources LLC), Credit Agreement (Antero Resources Finance Corp)
Borrower Representative. Each of the Borrowers Borrower hereby appoints Borrower Representative the Parent to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any LoanLoans, the issuance of Letters of Credit and the giving and receiving of notices under or in respect of the Loan Documents) (in such capacity, the “Borrower Representative”). Each of the Borrowers Borrower acknowledges and agrees that (ai) the Borrower Representative may execute such documents on behalf of any Borrower as the Borrower Representative deems appropriate in its sole discretion discretion, and with respect to any such document executed by only the Borrower Representative, each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalfdocument, (bii) any notice or other communication delivered by the Administrative Agent, the Issuing Bank or any Lender hereunder to the Borrower Representative shall be deemed to have been delivered to each Borrower and (ciii) the Administrative Agent, Collateral Trustee Agent and any Lender the Lenders shall accept (and shall be permitted to rely on) any document or agreement executed by the Borrowers or the Borrower Representative on behalf of Borrowers (or any of them)Representative. Each Borrower must act through agrees that any action taken by the Borrower Representative for all purposes under this Agreement and without the other Loan Documents. Notwithstanding anything contained herein to the contraryconsent of, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee or any Lendernotice to, such Borrower shall do so through not release or discharge such Borrower Representativefrom its obligations hereunder.
Appears in 2 contracts
Sources: Credit Agreement (Sl Green Operating Partnership, L.P.), Credit Agreement (Sl Green Operating Partnership, L.P.)
Borrower Representative. Each of the Borrowers Borrower hereby appoints designates Parent (“Borrower Representative to act Representative”) as its exclusive representative and agent for all purposes under the Loan Documents, including requests for Loans and Letters of Credit, designation of interest rates, delivery or receipt of communications with Agent, the Issuing Bank or any Lender, preparation and deliver of Borrowing Base and financial reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (includingincluding in respect of compliance with covenants), without limitationand all other dealings with Agent, with respect to all matters related to the borrowing and repayment of Issuing Bank or any Loan)Lender. Each of the Borrowers acknowledges and agrees that (a) Borrower Representative may execute hereby accepts such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion appointment. Agent and each Borrower Lenders shall be bound by entitled to rely upon, and obligated by all of the terms of any such document executed by Borrower Representative on its behalfshall be fully protected in relying upon, (b) any notice or other communication (including any notice of borrowing) delivered hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers (any Borrower. Agent and Lenders may send any notice or communication with a Borrower hereunder to Borrower Representative on behalf of such Borrower. Each of Agent, Issuing Bank and Lenders shall have the right, in its discretion, to deal exclusively with Borrower Representative for any of them)or all purposes under the Loan Documents. Each Borrower must act through the agrees that any notice election, communication, representation, agreement or undertaking made on its behalf by Borrower Representative for all purposes under this Agreement shall be binding upon and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee or any Lender, such Borrower shall do so through Borrower Representativeenforceable against it.
Appears in 2 contracts
Sources: Credit Agreement (Apparel Holding Corp.), Credit Agreement (Apparel Holding Corp.)
Borrower Representative. Each of the Borrowers hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any Loan). Each of the Borrowers acknowledges and agrees that (a) Borrower Representative may execute such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) any notice or other communication delivered hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee and any Lender Secured Party shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers (or any of them). Each Borrower must act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee or any Lender, Secured Party such Borrower shall do so through Borrower Representative.
Appears in 2 contracts
Sources: Loan and Security Agreement (89bio, Inc.), Loan and Security Agreement (89bio, Inc.)
Borrower Representative. Each of Borrower hereby designates the Borrowers hereby appoints Borrower Representative to act Parent as its exclusive representative and agent on its behalf for all the purposes under the Loan Documents (includingof issuing Notices of Borrowing, without limitationNotices of Conversion or Continuations, giving instructions with respect to all matters related to the borrowing and repayment of any Loan). Each disbursement of the Borrowers acknowledges proceeds of the Advances, selecting interest rate options, requesting, extending, increasing Letters of Credit, giving and agrees that receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (aincluding in respect of compliance with covenants) Borrower Representative may execute such documents on behalf of any Borrower as or Borrowers under the Credit Documents. Borrower Representative deems appropriate in its sole discretion hereby accepts such appointment. Administrative Agent, Issuing Lender and each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) Lender may regard any notice or other communication delivered pursuant to any Loan Document from Borrower Representative as a notice or communication from all Borrowers, and may give any notice or communication required or permitted to be given to any Borrower or Borrowers hereunder to Borrower Representative on behalf of such Borrower or Borrowers. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf by Borrower Representative shall be deemed for all purposes to have been delivered to each made by such Borrower and (c) Administrative Agent, Collateral Trustee and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by binding upon and enforceable against such Borrower Representative on behalf of Borrowers (or any of them). Each Borrower must act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to same extent as if the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee or any Lender, same had been made directly by such Borrower shall do so through Borrower RepresentativeBorrower.
Appears in 2 contracts
Sources: Credit Agreement (Mariner Energy Resources, Inc.), Credit Agreement (Mariner Energy Inc)
Borrower Representative. Each of the Borrowers Borrower hereby appoints Borrower Representative to act designates Holdings as its exclusive representative and agent (in such capacity, the “Borrower Representative”) for all purposes under the Loan Documents, including requests for and receipt of Loans and Letters of Credit, designation of interest rates, delivery or receipt of communications, payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (includingincluding in respect of compliance with covenants), without limitation, and all other dealings with respect to all matters related to the borrowing Administrative Agent and repayment of any Loan)the Lenders. Each of the Borrowers acknowledges and agrees that (a) Borrower Representative may execute hereby accepts such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion appointment. The Administrative Agent and each Borrower the Lenders shall be bound by entitled to rely upon, and obligated by all of the terms of any such document executed by Borrower Representative on its behalfshall be fully protected in relying upon, (b) any notice or other communication (including any notice of borrowing) delivered hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by the Borrower Representative on behalf of Borrowers (any Borrower. The Administrative Agent and the Lenders may give any notice or any communication with a Borrower hereunder to the Borrower Representative on behalf of them)such Borrower. Each Borrower must act through The Administrative Agent and the Lenders shall have the right, in their discretion, to deal exclusively with the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to Each Borrower agrees that any notice, election, communication, delivery, representation, agreement, action or undertaking on its behalf by the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee or any Lender, such Borrower Representative shall do so through Borrower Representativebe binding upon and enforceable against it.
Appears in 1 contract
Sources: Revolving Credit and Term Loan Agreement (HireQuest, Inc.)
Borrower Representative. Each of Borrower hereby designates the Borrowers hereby appoints Borrower Representative to act as its exclusive representative and agent for all purposes under the Loan Documents, including requests for Revolving Credit Loans, designation of interest rates, delivery or receipt of communications (including service of process), preparation and delivery of financial reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (includingincluding in respect of compliance with covenants), without limitationand all other dealings with the Administrative Agent, with respect to all matters related to the borrowing and repayment of Collateral Agent or any Loan)Lender. Each of the Borrowers acknowledges and agrees that (a) The Borrower Representative may execute hereby accepts such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion appointment. The Administrative Agent, the Collateral Agent and each Borrower the Lenders shall be bound by entitled to rely upon, and obligated by all of the terms of any such document executed by Borrower Representative on its behalfshall be fully protected in relying upon, (b) any notice or other communication (including any Committed Loan Notice) delivered hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by the Borrower Representative on behalf of Borrowers (any Borrower. The Administrative Agent, the Collateral Agent and the Lenders may give any notice or any communication with a Borrower hereunder to the Borrower Representative on behalf of them)such Borrower. Each Borrower must act through of the Administrative Agent, the Collateral Agent and the Lenders shall have the right, in its discretion, to deal exclusively with the Borrower Representative for any or all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to Each Borrower agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee or any Lender, such Borrower Representative shall do so through Borrower Representativebe binding upon and enforceable against it.
Appears in 1 contract
Sources: Credit Agreement (MARRIOTT VACATIONS WORLDWIDE Corp)
Borrower Representative. Each of the Borrowers hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any Loan). Each of the Borrowers acknowledges and agrees that (a) Borrower Representative may execute such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) any notice or other communication delivered hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, any Collateral Trustee Agent and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers (or any of them). Each Borrower must act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, any Collateral Trustee Agent or any Lender, such Borrower shall do so through Borrower Representative.
Appears in 1 contract
Sources: Loan and Security Agreement (Mind Medicine (MindMed) Inc.)
Borrower Representative. Each of the Borrowers hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any Loan). Each of the Borrowers acknowledges and agrees that (a) Borrower Representative may execute such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) any notice or other communication delivered hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee and any Lender Secured Party shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers (or any of them). Each Borrower must act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee or any Lender, Secured Party such Borrower shall do so through Borrower Representative.
Appears in 1 contract
Sources: Loan and Security Agreement (Werewolf Therapeutics, Inc.)
Borrower Representative. Each of the Borrowers Borrower hereby appoints Borrower Representative the Parent to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any LoanLoans, the issuance of Letters of Credit and the giving and receiving of notices under or in respect of the Loan Documents) (in such capacity, the “Borrower Representative”). Each of the Borrowers Borrower acknowledges and agrees that (ai) the Borrower Representative may execute such documents on behalf of any Borrower as the Borrower Representative deems appropriate in its sole discretion discretion, and with respect to any such document executed by only the Borrower Representative, each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalfdocument, (bii) any notice or other communication delivered by the Administrative Agent, any Issuing Bank or any Lender hereunder to the Borrower Representative shall be deemed to have been delivered to each Borrower and (ciii) the Administrative Agent, Collateral Trustee Agent and any Lender the Lenders shall accept (and shall be permitted to rely on) any document or agreement executed by the Borrowers or the Borrower Representative on behalf of Borrowers (or any of them)Representative. Each Borrower must act through agrees that any action taken by the Borrower Representative for all purposes under this Agreement and without the other Loan Documents. Notwithstanding anything contained herein to the contraryconsent of, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee or any Lendernotice to, such Borrower shall do so through not release or discharge such Borrower Representativefrom its obligations hereunder.
Appears in 1 contract
Sources: Credit Agreement (Sl Green Operating Partnership, L.P.)
Borrower Representative. Each of the Borrowers hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any Loan). Each of the Borrowers acknowledges and agrees that (a) Borrower Representative may execute such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) any notice or other communication delivered hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee Agent and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers (or any of them). Each Borrower must shall act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee Agent or any Lender, such Borrower shall do so through Borrower Representative.
Appears in 1 contract
Borrower Representative. Each of the Borrowers Borrower hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any LoanCredit Extension). Each of the Borrowers Borrower acknowledges and agrees that (a) Borrower Representative may execute such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) any notice or other communication delivered by Bank hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee and any Lender Bank shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers (or any of them). Each Borrower must shall act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee or any LenderBank, such Borrower shall do so through Borrower Representative.
Appears in 1 contract
Borrower Representative. Each Borrower hereby irrevocably authorizes, appoints and designates Netsmart Technologies as its contractual representative and agent on its behalf (in such capacity, the “Borrower Representative”) for the purposes of selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the Borrowers hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the other Loan Documents (including, without limitation, with respect to and taking all matters related to the borrowing and repayment of any Loan). Each of the Borrowers acknowledges and agrees that (a) Borrower Representative may execute such documents other actions on behalf of any Borrower as or Borrowers under the Loan Documents. Netsmart Technologies hereby accepts such appointment upon the express conditions contained in this Article 11. Additionally, the Borrowers hereby appoint the Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by as their agent to receive all of the terms proceeds of any such document executed by the Loans in the Funding Account(s), at which time the Borrower Representative on its behalfshall promptly disburse such Loans to the appropriate Borrower. The Administrative Agent and the Lenders, (b) and their respective Related Parties, shall not be liable to the Borrower Representative or any notice Borrower for any action taken or omitted to be taken by the Borrower Representative or the Borrowers pursuant to this Article 11. Notwithstanding anything to the contrary contained in this Agreement, no Borrower other communication delivered hereunder to than the Borrower Representative shall be deemed entitled to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers (or take any of them). Each Borrower must act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee or any Lender, such Borrower shall do so through Borrower Representativeforegoing actions.
Appears in 1 contract
Sources: Second Lien Term Loan Agreement (Allscripts Healthcare Solutions, Inc.)
Borrower Representative. Each of the Borrowers hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any LoanCredit Extension). Each of the Borrowers acknowledges and agrees that (a) Borrower Representative may execute such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) any notice or other communication delivered by Secured Party hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee and any Lender each Secured Party shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers (or any of them). Each Borrower ▇▇▇▇▇▇▇▇ must act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee or any LenderSecured Party, such Borrower shall do so through Borrower Representative.
Appears in 1 contract
Borrower Representative. Each of the Borrowers hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any Loan). Each of the Borrowers acknowledges and agrees that (a) Borrower Representative may execute such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) any notice or other communication delivered hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers ▇▇▇▇▇▇▇▇▇ (or any of them). Each Borrower must act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee or any Lender, such Borrower shall do so through Borrower Representative.
Appears in 1 contract
Sources: Loan and Security Agreement (TScan Therapeutics, Inc.)
Borrower Representative. Each of the Borrowers hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any Loan). Each of the Borrowers acknowledges and agrees that (a) Borrower Representative may execute such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) any notice or other communication delivered hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee and any Collateral Agent and Lender shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers (or any of them). Each Borrower must act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee or any Collateral Agent or Lender, such Borrower shall do so through Borrower Representative.
Appears in 1 contract
Borrower Representative. Each Borrower hereby designates Parent as its representative and agent on its behalf (in such capacity, “Borrower Representative”) for the purposes of selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the Borrowers hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the other Loan Documents and taking all other actions (including, without limitation, including in respect of compliance with respect to all matters related to the borrowing and repayment of any Loan). Each of the Borrowers acknowledges and agrees that (acovenants) Borrower Representative may execute such documents on behalf of any Borrower as or the Borrowers under the Loan Documents. Parent hereby accepts such appointment. Notwithstanding anything to the contrary contained in this Agreement, no Borrower other than Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all entitled to take any of the terms of any such document executed by Borrower Representative on its behalf, (b) foregoing actions. The Lender may regard any notice or other communication delivered pursuant to any Loan Document from Borrower Representative as a notice or communication from all of the Borrowers, and may give any notice or communication required or permitted to be given to any Borrower or all of the Borrowers hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers (such Borrower or any all of them)the Borrowers. Each Borrower must act through the agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf by Borrower Representative (in such capacity) shall be deemed for all purposes under this Agreement to have been made by such Borrower and the other Loan Documents. Notwithstanding anything contained herein shall be binding upon and enforceable against such Borrower to the contrary, to same extent as if the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee or any Lender, same had been made directly by such Borrower shall do so through Borrower RepresentativeBorrower.
Appears in 1 contract
Borrower Representative. Each of the Borrowers hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any Loan). Each of the Borrowers acknowledges and agrees that (a) Borrower Representative may execute such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) any notice or other communication delivered hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee Agent and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers (or any of them). Each Borrower must act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee Agent or any Lender, such Borrower shall do so through Borrower Representative.
Appears in 1 contract
Sources: Loan and Security Agreement (Colonnade Acquisition Corp.)
Borrower Representative. Each Borrower hereby designates Axis as its representative and agent on its behalf (in such capacity, “Borrower Representative”) for the purposes of selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the Borrowers hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the other Loan Documents and taking all other actions (including, without limitation, including in respect of compliance with respect to all matters related to the borrowing and repayment of any Loan). Each of the Borrowers acknowledges and agrees that (acovenants) Borrower Representative may execute such documents on behalf of any Borrower as or the Borrowers under the Loan Documents. Axis hereby accepts such appointment. Notwithstanding anything to the contrary contained in this Agreement, no Borrower other than Borrower Representative deems appropriate in its sole discretion shall be entitled to take any of the foregoing actions. Agent and each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) Lender may regard any notice or other communication delivered pursuant to any Loan Document from Borrower Representative as a notice or communication from all of the Borrowers, and may give any notice or communication required or permitted to be given to any Borrower or all of the Borrowers hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers (such Borrower or any all of them)the Borrowers. Each Borrower must act through the agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf by Borrower Representative (in such capacity) shall be deemed for all purposes under this Agreement to have been made by such Borrower and the other Loan Documents. Notwithstanding anything contained herein shall be binding upon and enforceable against such Borrower to the contrary, to same extent as if the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee or any Lender, same had been made directly by such Borrower shall do so through Borrower RepresentativeBorrower.
Appears in 1 contract
Sources: Credit Agreement
Borrower Representative. Each of the Borrowers Borrower hereby appoints designates Borrower Representative to act as its exclusive representative and agent for all purposes under the Loan Documents, including requests for Revolving Credit Loans, designation of interest rates, delivery or receipt of communications (including service of process), preparation and delivery of financial reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (includingincluding in respect of compliance with covenants), without limitationand all other dealings with the Administrative Agent, with respect to all matters related to the borrowing and repayment of Collateral Agent or any Loan)Lender. Each of the Borrowers acknowledges and agrees that (a) The Borrower Representative may execute hereby accepts such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion appointment. The Administrative Agent, the Collateral Agent and each Borrower the Lenders shall be bound by entitled to rely upon, and obligated by all of the terms of any such document executed by Borrower Representative on its behalfshall be fully protected in relying upon, (b) any notice or other communication (including any Committed Loan Notice) delivered hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers (any Borrower. The Administrative Agent, the Collateral Agent and the Lenders may give any notice or communication with a Borrower hereunder to Borrower Representative on behalf of such Borrower. Each of the Administrative Agent, the Collateral Agent and the Lenders shall have the right, in its discretion, to deal exclusively with Borrower Representative for any of them)or all purposes under the Loan Documents. Each Borrower must act through the agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by Borrower Representative for all purposes under this Agreement shall be binding upon and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee or any Lender, such Borrower shall do so through Borrower Representativeenforceable against it.
Appears in 1 contract
Sources: Credit Agreement (W R Grace & Co)
Borrower Representative. Each Borrower hereby irrevocably authorizes, appoints and designates Netsmart Technologies as its contractual representative and agent on its behalf (in such capacity, the “Borrower Representative”) for the purposes of selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the Borrowers hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the other Loan Documents (including, without limitation, with respect to and taking all matters related to the borrowing and repayment of any Loan). Each of the Borrowers acknowledges and agrees that (a) Borrower Representative may execute such documents other actions on behalf of any Borrower as or Borrowers under the Loan Documents. Netsmart Technologies hereby accepts such appointment upon the express conditions contained in this Article 11. Additionally, the Borrowers hereby appoint the Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by as their agent to receive all of the terms proceeds of any such document executed by the Loans in the Funding Account(s), at which time the Borrower Representative on its behalfshall promptly disburse such Loans to the appropriate Borrower. The Administrative Agent, (b) the Issuing Banks and the Lenders, and their respective Related Parties, shall not be liable to the Borrower Representative or any notice Borrower for any action taken or omitted to be taken by the Borrower Representative or the Borrowers pursuant to this Article 11. Notwithstanding anything to the contrary contained in this Agreement, no Borrower other communication delivered hereunder to than the Borrower Representative shall be deemed entitled to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers (or take any of them). Each Borrower must act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee or any Lender, such Borrower shall do so through Borrower Representativeforegoing actions.
Appears in 1 contract
Sources: First Lien Credit Agreement (Allscripts Healthcare Solutions, Inc.)
Borrower Representative. Each of the Borrowers hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any the Loan). Each of the Borrowers acknowledges and agrees that (a) Borrower Representative may execute such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) any notice or other communication delivered hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee JGB Agent and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers B▇▇▇▇▇▇▇▇ (or any of them). Each Borrower Borrowers must act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee JGB Agent or any Lender, such Borrower shall do so through Borrower Representative.
Appears in 1 contract
Sources: Loan and Guaranty Agreement (Tonix Pharmaceuticals Holding Corp.)
Borrower Representative. Each of the Borrowers hereby appoints the Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any LoanLoans as described in Articles II and III). Each of the Borrowers acknowledges and agrees that (a) the Borrower Representative may execute such documents on behalf of any Borrower of the Borrowers as the Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by the Borrower Representative on its behalf, (b) any notice or other communication delivered by the Agent or any Lender hereunder to the Borrower Representative shall be deemed to have been delivered to each Borrower of the Borrowers and (c) Administrative Agent, Collateral Trustee the Agent and any Lender each of the Lenders shall accept (and shall be permitted to rely on) any document or agreement executed by the Borrower Representative on behalf of the Borrowers (or any of them). Each Borrower The Borrowers must act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee the Agent or any Lenderthe Lenders, such Borrower shall do so only through the Borrower Representative.
Appears in 1 contract
Borrower Representative. Each of the Borrowers Borrower hereby appoints Borrower Representative to act Holdings as its exclusive agent contractual representative, hereunder and under each other Loan Document, for all purposes under the Loan Documents (includingpurposes, without limitation, with respect to all matters related including requesting borrowings and receiving account statements and other notices and communications to the borrowing and repayment of any Loan). Each of the Borrowers acknowledges and agrees that (a) Borrower Representative may execute such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) any notice or other communication delivered hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers (or any of them)) from the Administrative Agent or any Lender. Each The Administrative Agent and the Lenders may rely, and shall be fully protected in relying, on any request for borrowing, disbursement instruction, report, information or any other notice or communication made or given by such Person, whether in its own name, on behalf of any other Borrower must act through or on behalf of “the Borrowers,” and neither the Administrative Agent nor any Lender shall have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, notice or communication, nor shall the joint and several character of the Borrowers’ liability for the Obligations be affected. The Administrative Agent and the Lenders, and their respective officers, directors, agents or employees, shall not be liable to the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires or any Borrower for any action taken or omitted to interact in any manner with Administrative Agent, Collateral Trustee or any Lender, such be taken by the Borrower shall do so through Borrower RepresentativeRepresentative on behalf of the Borrowers pursuant to this Section 2.21.
Appears in 1 contract
Borrower Representative. Each of the Borrowers hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any LoanAdvance). Each of the Borrowers acknowledges and agrees that (a) Borrower Representative may execute such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) any notice or other communication delivered hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, Collateral Trustee and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers (or any of them). Each Borrower must shall act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee or any Lender, such Borrower shall do so through Borrower Representative.
Appears in 1 contract
Borrower Representative. Each of the Borrowers hereby appoints Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any Loan). Each of the Borrowers acknowledges and agrees that (a) Borrower Representative may execute such documents on behalf of any Borrower as Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by Borrower Representative on its behalf, (b) any notice or other communication delivered hereunder to Borrower Representative shall be deemed to have been delivered to each Borrower and (c) Administrative Agent, any Collateral Trustee Agent and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of Borrowers ▇▇▇▇▇▇▇▇▇ (or any of them). Each Borrower must act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, any Collateral Trustee Agent or any Lender, such Borrower shall do so through Borrower Representative.
Appears in 1 contract
Sources: Loan and Security Agreement (Mind Medicine (MindMed) Inc.)
Borrower Representative. Each of the Borrowers hereby appoints the Borrower Representative to act as its exclusive agent for all purposes under the Loan Documents (including, without limitation, with respect to all matters related to the borrowing and repayment of any LoanLoans as described in Articles II. and III.). Each of the Borrowers acknowledges and agrees that (a) the Borrower Representative may execute such documents on behalf of any Borrower of the Borrowers as the Borrower Representative deems appropriate in its sole discretion and each Borrower shall be bound by and obligated by all of the terms of any such document executed by the Borrower Representative on its behalf, (b) any notice or other communication delivered by the Agent or any Lender hereunder to the Borrower Representative shall be deemed to have been delivered to each Borrower of the Borrowers and (c) Administrative Agent, Collateral Trustee the Agent and any Lender each of the Lenders shall accept (and shall be permitted to rely on) any document or agreement executed by the Borrower Representative on behalf of the Borrowers (or any of them). Each Borrower The Borrowers must act through the Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any provision in this Agreement requires any Borrower to interact in any manner with Administrative Agent, Collateral Trustee the Agent or any Lenderthe Lenders, such Borrower shall do so through the Borrower Representative.
Appears in 1 contract