Common use of Borrower Representative Clause in Contracts

Borrower Representative. Each Borrower hereby designates EquityCo II as the Borrower Representative (as defined in the Amended Loan Agreement) as its representative and agent on its behalf for the purposes of issuing Funding Requests, giving instructions with respect to the disbursement of the proceeds of the Advances, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents (as defined in the Amended Loan Agreement) and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan Documents. The Borrower Representative ▇▇▇▇▇▇ accepts such appointment. The Lenders and the Administrative Agent may regard any notice or other communication 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 made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Each Borrower hereby designates EquityCo II as the appoints each other Borrower Representative (as defined in the Amended Loan Agreementeach, a “Borrower Representative”) as its representative and agent on its behalf agent, and Borrower Representative accepts such appointment, for the purposes of issuing Funding Requests(i) making the Closing Draw Request, including giving instructions with respect to the Lender disbursement of the proceeds of the Advancesinstructions, wire and deposit instructions, and telephonic confirmations; (ii) delivering certificates, including compliance certificates; (iii) selecting interest rate options, if applicable; (iv) giving and receiving all other notices Notices and consents hereunder or under any of the other Loan Documents Documents; (as defined in the Amended Loan Agreementv) requesting and providing information with respect to accounts payable matters; financial reporting matters, property tax matters (if applicable); insurance matters, and all other account servicing matters; and (vi) taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan DocumentsDocuments or otherwise with respect to the Loan. The Borrower Representative ▇▇▇▇▇▇ accepts such appointment. The Lenders and the Administrative Agent may regard any notice or other communication 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 of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Each Borrower hereby designates EquityCo II as the appoints CDOR Jax Court, a Delaware limited liability company (“Borrower Representative (as defined in the Amended Loan AgreementRepresentative”) as its representative and agent on its behalf agent, and Borrower Representative accepts such appointment, for the purposes of issuing Funding Requests(i) making the Closing Draw Request, including giving instructions with respect to the Lender disbursement of the proceeds of the Advancesinstructions, wire and deposit instructions, and telephonic confirmations; (ii) delivering certificates, including compliance certificates; (iii) selecting interest rate options, if applicable; (iv) giving and receiving all other notices Notices and consents hereunder or under any of the other Loan Documents Documents; (as defined in the Amended Loan Agreementv) requesting and providing information with respect to accounts payable matters; financial reporting matters, property tax matters (if applicable); insurance matters, and all other account servicing matters; and (vi) taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan DocumentsDocuments or otherwise with respect to the Loan. The Borrower Representative ▇▇▇▇▇▇ accepts such appointment. The Lenders and the Administrative Agent Lender may regard any notice or other communication 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 of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Each Borrower hereby designates EquityCo II as the appoints ___________________________________________________ (“Borrower Representative (as defined in the Amended Loan AgreementRepresentative”) as its representative and agent on its behalf agent, and Borrower Representative accepts such appointment, for the purposes of issuing Funding Requests, giving instructions with respect to (i) making the disbursement Initial Draw request and each subsequent request for an Advance of the proceeds of the AdvancesLoan, including giving Lender disbursement instructions, wire and deposit instructions, and telephonic confirmations; (ii) delivering certificates, including compliance certificates; (iii) [Intentionally Deleted]; (iv) giving and receiving all other notices and consents hereunder or under any of the other Loan Documents Documents; (as defined in the Amended Loan Agreementv) requesting and providing information with respect to accounts payable matters; financial reporting matters, property tax matters (if applicable); insurance matters, and all other account servicing matters; and (vi) taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan DocumentsDocuments or otherwise with respect to the Loan. The Borrower Representative ▇▇▇▇▇▇ accepts such appointment. The Lenders and the Administrative Agent Lender may regard any notice or other communication 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 of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Each Borrower hereby designates EquityCo II as the and appoints Borrower Representative (as defined in the Amended Loan Agreement) as its representative and agent on its behalf for the purposes of issuing Funding Notices of Borrowings, Notices of Conversion/Continuation – BA Rate, Notices of Conversion/Continuation - LIBOR, L/C Requests and Swingline Requests, delivering certificates including Compliance Certificates and Combined Borrowing Base Certificates, giving instructions with respect to the disbursement of the proceeds of the AdvancesLoans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents (as defined in the Amended Loan Agreement) and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan Documents. The Borrower Representative ▇▇▇▇▇▇ hereby accepts such appointment. The Lenders Agent and the Administrative Agent each Lender may regard any notice or other communication pursuant to any Loan Document from Borrower Representative as a notice or communication from all Borrowers, 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 of a Borrower by Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Each LHC hereby (i) is designated and appointed by each Borrower hereby designates EquityCo II as the Borrower Representative (as defined in the Amended Loan Agreement) as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing Funding Notices of Borrowings, Notices of Conversion/Continuation and L/C Requests, delivering certificates including Compliance Certificates, Borrowing Base Certificates, Consolidated Borrowing Base Certificates, giving instructions with respect to the disbursement of the proceeds of the AdvancesLoans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents (as defined in the Amended Loan Agreement) and taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. The Borrower Representative ▇▇▇▇▇▇ accepts such appointment. The Lenders Agent and the Administrative Agent each Lender may regard any notice or other communication pursuant to any Loan Document from the 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 of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Each Phreesia hereby (i) is designated and appointed by each Borrower hereby designates EquityCo II as the Borrower Representative (as defined in the Amended Loan Agreement) as its representative and agent on its behalf (the “Borrower Representative”) and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing Funding Notices of Borrowings, Notices of Conversion/Continuation, L/C Requests and Swingline Requests, delivering certificates including Compliance Certificates, Consolidated Borrowing Base Certificates, giving instructions with respect to the disbursement of the proceeds of the AdvancesLoans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents (as defined in the Amended Loan Agreement) and taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents. The Borrower Representative ▇▇▇▇▇▇ accepts such appointment. The Lenders Agent and the Administrative Agent each Lender may regard any notice or other communication pursuant to any Loan Document from the 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 of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Each Borrower hereby designates EquityCo II as the appoints ▇▇▇ ▇▇▇▇▇▇▇▇▇▇ TRS, LLC (“Borrower Representative (as defined in the Amended Loan AgreementRepresentative”) as its representative and agent on its behalf agent, and Borrower Representative accepts such appointment, for the purposes of issuing Funding Requests(i) making the Closing Draw Request, including giving instructions with respect to the Lender disbursement of the proceeds of the Advancesinstructions, wire and deposit instructions, and telephonic confirmations; (ii) delivering certificates, including compliance certificates; (iii) selecting interest rate options, if applicable; (iv) giving and receiving all other notices Notices and consents hereunder or under any of the other Loan Documents Documents; (as defined in the Amended Loan Agreementv) requesting and providing information with respect to accounts payable matters; financial reporting matters, property tax matters (if applicable); insurance matters, and all other account servicing matters; and (vi) taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan DocumentsDocuments or otherwise with respect to the Loan. The Borrower Representative ▇▇▇▇▇▇ accepts such appointment. The Lenders and the Administrative Agent Lender may regard any notice or other communication 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 of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Each Borrower hereby designates EquityCo II as the Borrower Representative (as defined in the Amended Loan Agreement) designates, appoints and authorizes Multiband as its representative and agent on its behalf (“Borrower Representative”) for the purposes of issuing Funding Notices of Borrowings, Notices of LIBOR Rate Borrowing/Continuation/Conversion and LC Requests, delivering certificates including Compliance Certificates, Borrowing Base Certificates and Excess Cash Flow Certificates (and giving instructions with respect to the disbursement of the proceeds of the AdvancesLoans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents (as defined in the Amended Loan Agreement) Financing Agreements and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan DocumentsFinancing Agreements. The Borrower Representative ▇▇▇▇▇▇ hereby accepts such appointment. The Lenders Agent and the Administrative Agent each Lender may regard any notice or other communication pursuant to any Loan Document Financing Agreement 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 of a Borrower by Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Each RNL hereby (i) is designated and appointed by each Borrower hereby designates EquityCo II as the Borrower Representative (as defined in the Amended Loan Agreement) as its representative and agent on its behalf (the “Borrower Representative”), and (ii) accepts such appointment as the Borrower Representative, in each case, for the purposes of issuing Funding Notices of Borrowings, Notices of Conversion/Continuation, L/C Requests and Swingline Requests, delivering certificates including Compliance Certificates, Joint Venture Certificates, and Permitted Dividend/Distribution Certificates, giving instructions with respect to the disbursement of the proceeds of the AdvancesLoans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents (as defined in the Amended Loan Agreement) and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan Documents. The Borrower Representative ▇▇▇▇▇▇ accepts such appointment. The Lenders Agent and the Administrative Agent each Lender may regard any notice or other communication pursuant to any Loan Document from Borrower Representative as a notice or communication from all Borrowers, 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 of a Borrower by Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Each Borrower hereby designates EquityCo II as the appoints LF3 SOUTHAVEN TRS, LLC (“Borrower Representative (as defined in the Amended Loan AgreementRepresentative”) as its representative and agent on its behalf agent, and Borrower Representative accepts such appointment, for the purposes of issuing Funding Requests(i) making the Closing Draw Request, including giving instructions with respect to the Lender disbursement of the proceeds of the Advancesinstructions, wire and deposit instructions, and telephonic confirmations; (ii) delivering certificates, including compliance certificates; (iii) selecting interest rate options, if applicable; (iv) giving and receiving all other notices Notices and consents hereunder or under any of the other Loan Documents Documents; (as defined in the Amended Loan Agreementv) requesting and providing information with respect to accounts payable matters; financial reporting matters, property tax matters (if applicable); insurance matters, and all other account servicing matters; and (vi) taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan DocumentsDocuments or otherwise with respect to the Loan. The Borrower Representative ▇▇▇▇▇▇ accepts such appointment. The Lenders and the Administrative Agent Lender may regard any notice or other communication 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 of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Each Borrower hereby designates EquityCo II as the Borrower Representative (as defined in the Amended Loan Agreement) as its representative and agent on its behalf for the purposes of (a) issuing Funding Requestsany borrowing notices and conversion/continuation notices, and delivering certificates required under the Loan Documents, (b) giving instructions with respect to the disbursement of the proceeds of the AdvancesLoans and the Bonds, (c) selecting interest rate options, (d) giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and (as defined in the Amended Loan Agreemente) and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan Documents. The Borrower Representative ▇▇▇▇▇▇ hereby accepts such appointment. The Lenders Each Agent and the Administrative Agent each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from each and all Borrowers, and may give any notice or communication required or permitted to be given to any Borrower or Borrowers hereunder to the 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 the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Borrower Representative. Each Borrower hereby designates EquityCo II as the appoints CDOR Atl Indy, a Delaware limited liability company (“Borrower Representative (as defined in the Amended Loan AgreementRepresentative”) as its representative and agent on its behalf agent, and Borrower Representative accepts such appointment, for the purposes of issuing Funding Requests(i) making the Closing Draw Request, including giving instructions with respect to the Lender disbursement of the proceeds of the Advancesinstructions, wire and deposit instructions, and telephonic confirmations; (ii) delivering certificates, including compliance certificates; (iii) selecting interest rate options, if applicable; (iv) giving and receiving all other notices Notices and consents hereunder or under any of the other Loan Documents Documents; (as defined in the Amended Loan Agreementv) requesting and providing information with respect to accounts payable matters; financial reporting matters, property tax matters (if applicable); insurance matters, and all other account servicing matters; and (vi) taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan DocumentsDocuments or otherwise with respect to the Loan. The Borrower Representative ▇▇▇▇▇▇ accepts such appointment. The Lenders and the Administrative Agent Lender may regard any notice or other communication 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 of a Borrower by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.