Common use of Borrower Representative Clause in Contracts

Borrower Representative. Each Borrower hereby designates GII as its representative and agent on its behalf (in such capacity, the "Borrower Representative") for the purposes of issuing Notices of Revolving Credit Advances and Notices of Conversion/Continuation, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under the Loan Documents. Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from Borrower Representative as a notice or communication from all Borrowers. Each 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 it if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: Credit Agreement (Golfsmith International Holdings Inc)

Borrower Representative. Each Borrower hereby designates GII Borrower Representative as its representative and agent on its behalf (in such capacity, the "Borrower Representative") for the purposes purpose of issuing Notices of Revolving Credit Advances and Notices of Conversion/Continuationrequesting Loans, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents Other Agreements and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under this Agreement or the Loan DocumentsOther Agreements. Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to this Agreement or any Loan Document Other Agreement from Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on its any Borrower's 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 it if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: Loan and Security Agreement (DHB Industries Inc)

Borrower Representative. Each Borrower hereby designates GII and appoints Parent as its representative and agent on its behalf (in such capacity, the "Borrower Representative") for the purposes of issuing delivering certificates, including Compliance Certificates, giving Notices of Revolving Credit Advances Borrowing and Notices of Conversion/Continuation, giving other instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of CreditNote, giving and receiving all other notices and consents hereunder or under any of the other Loan Transaction Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under the Loan Transaction Documents. Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to any Loan Transaction Document from Borrower Representative as a notice or communication from all BorrowersBorrower. Each warranty, covenant, agreement and undertaking made on its behalf of 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 it if the same had been made directly by such Borrower.. 15651.048 4835-8083-6858.11 21

Appears in 1 contract

Sources: Financing Agreement (Elevate Credit, Inc.)

Borrower Representative. Each Borrower hereby designates GII the Company as its representative and Borrower Representative. The Borrower Representative will be acting as agent on its each Borrower’s behalf (in such capacity, the "Borrower Representative") for the purposes of issuing Notices notices of Revolving Credit Advances borrowing and Notices notices of Conversionconversion/Continuationcontinuation of any Loans or similar notices, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan Documents. The Borrower Representative hereby ▇▇▇▇▇▇ accepts such appointment. Agent Each Borrower agrees that each notice, election, representation and each Lender may regard any notice or other communication pursuant to any Loan Document from Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on its behalf by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as it if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: Credit Agreement (Astronics Corp)

Borrower Representative. Each Borrower hereby designates GII Borrower Representative as its representative and agent on its behalf (in such capacity, the "Borrower Representative") for the purposes of issuing Notices of Revolving Credit Advances and Notices of Conversion/Continuationborrowing requests, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents Other Agreements and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under this Agreement and the Loan DocumentsOther Agreements. Borrower Representative hereby ▇▇▇▇▇▇ accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to this Agreement or any Loan Document Other Agreement from Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on its a Borrower’s 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 it if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: Loan and Security Agreement (Amcon Distributing Co)

Borrower Representative. Each Borrower hereby designates GII and appoints SVCMC as its representative and agent on its behalf (in such capacity, the "Borrower Representative") for the purposes of issuing Notices of Revolving Credit Advances and Notices of Conversion/ContinuationBorrowings, delivering certificates including Compliance Certificates, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under the Loan Documents. Borrower Representative hereby ▇▇▇▇▇▇ accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from Borrower Representative as a notice or communication from all Borrowers. Each 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 it if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: Debt Agreement

Borrower Representative. Each Borrower hereby designates GII Borrower Representative as its representative and agent on its behalf (in such capacity, the "Borrower Representative") for the purposes of issuing Notices of Revolving Credit Advances and Notices of Conversion/Continuationborrowing requests, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents Other Agreements and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under this Agreement and the Loan DocumentsOther Agreements. Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to this Agreement or any Loan Document Other Agreement from Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on its a Borrower's 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 it if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: Loan and Security Agreement (Amcon Distributing Co)

Borrower Representative. Each Borrower hereby designates GII Borrower Representative as its representative and agent on its behalf (in such capacity, the "Borrower Representative") for the purposes of issuing Notices of Revolving Credit Advances and Notices of Conversion/Continuationborrowing requests, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents Other Agreements and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under this Agreement and the Loan DocumentsOther Agreements. Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to this Agreement or any Loan Document Other Agreement from Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on its a Borrower’s 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 it if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: Loan and Security Agreement (Amcon Distributing Co)

Borrower Representative. Each Borrower hereby designates GII and appoints Social as its representative and agent on its behalf (in such capacity, the "Borrower Representative") for the purposes of issuing Notices of Revolving Credit Advances delivering certificates, including Compliance Certificates, and Notices of Conversion/Continuation, giving other instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of CreditNotes, giving and receiving all other notices and consents hereunder or under any of the other Loan Transaction Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under the Loan Transaction Documents. Borrower Representative hereby accepts such appointment. Agent Agent, each Lender and each Lender Holder may regard any notice or other communication pursuant to any Loan Transaction Document from Borrower Representative as a notice or communication from all Borrowers. Each 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 it if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: Financing Agreement (SOCIAL REALITY, Inc.)

Borrower Representative. Each Borrower hereby designates GII and appoints Akorn as its representative and agent on its behalf (in such capacity, the "Borrower Representative") for the purposes of issuing Notices of Revolving Credit Advances and Notices of Conversion/ContinuationBorrowings, delivering certificates including Compliance Certificates, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under the Loan Documents. Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from Borrower Representative as a notice or communication from all Borrowers. Each 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 it if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: Credit Agreement (Akorn Inc)

Borrower Representative. Each Borrower hereby designates GII Borrower Representative as its representative and agent on its behalf (in such capacity, the "Borrower Representative") for the purposes of issuing Notices of Revolving Credit Advances notices and Notices of Conversion/Continuationrequests for Loans, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under the Loan Documents. Borrower Representative hereby accepts such appointment. Administrative Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from Borrower Representative as a notice or communication from all Borrowers. Each 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 it if the same had been made directly by such Borrower.

Appears in 1 contract

Sources: Revolving Loan Agreement (Resmed Inc)