Common use of Borrowers’ Agent Clause in Contracts

Borrowers’ Agent. Each Borrower hereby irrevocably appoints each other Borrower, as the agent, attorney-in-fact and legal representative of all Borrowers for all purposes, including requesting disbursement of Loans and receiving account statements and other notices and communications to Borrowers (or any of them) from Lender. Lender may rely, and shall be fully protected in relying, on any request for a Loan, disbursement instruction, report, information or any other notice or communication made or given by any Borrower, whether in its own name, as Borrowers’ agent, or on behalf of one or more Borrowers, and Lender shall not 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, other notice or communication, nor shall the joint and several character of Borrowers’ obligations hereunder be affected thereby. In the discretion of the Lender, the Collateral Account may be in the name of any one or more of the Borrowers, and checks and other payments made payable to any Borrower may be deposited into such Collateral Account.

Appears in 3 contracts

Sources: Loan and Security Agreement, Loan and Security Agreement (Nlight, Inc.), Loan and Security Agreement (Nlight, Inc.)

Borrowers’ Agent. Each Borrower hereby irrevocably appoints each other Borrower, as the agent, attorney-in-fact and legal representative of all Borrowers for all purposes, including requesting disbursement of Loans the Loan and receiving account statements and other notices and communications to Borrowers (or any of them) from LenderMultiplier. Lender Multiplier may rely, and shall be fully protected in relying, on any request for a Loan, disbursement instruction, report, information or any other notice or communication made or given by any Borrower, whether in its own name, as Borrowers' agent, or on behalf of one or more Borrowers, and Lender Multiplier shall not 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, other notice or communication, nor shall the joint and several character of Borrowers' obligations hereunder be affected thereby. In the discretion of the LenderMultiplier Capital II, the Collateral Account may be in the name of any one or more of the Borrowers, LP Loan and checks and other payments made payable to any Borrower may be deposited into such Collateral Account.Security Agreement

Appears in 2 contracts

Sources: Loan and Security Agreement (Winc, Inc.), Loan and Security Agreement (Winc, Inc.)

Borrowers’ Agent. Each Borrower hereby irrevocably appoints each other Borrower, as the agent, attorney-in-fact and legal representative of all Borrowers for all purposes, including requesting disbursement of Loans and receiving account statements and other notices and communications to Borrowers (or any of them) from Lender. Lender may rely, and shall be fully protected in relying, on any request for a Loan, disbursement instruction, report, information or any other notice or communication made or given by any Borrower, whether in its own name, as Borrowers' agent, or on behalf of one or more Borrowers, and Lender shall not 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, other notice or communication, nor shall the joint and several character of Borrowers' obligations hereunder be affected thereby. In the discretion of the Lender, the Cash Collateral Account may be in the name of any one or more of the Borrowers, and checks and other payments made payable to any Borrower may be deposited into such Cash Collateral Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Xplore Technologies Corp)

Borrowers’ Agent. Each Borrower other than Parent hereby irrevocably appoints each Parent, and Parent shall act under this Agreement and the other BorrowerLoan Documents, as as, the agent, attorney-in-fact and legal representative of all Borrowers for all purposes, including requesting disbursement of Loans and receiving account statements and other notices and communications to Borrowers (or any of them) from LenderAgent. Lender Agent, and each of the Lenders, may rely, and shall be fully protected in relying, on any request for a Loan, disbursement instruction, report, information or any other notice or communication made or given by any BorrowerParent, whether in its own name, as Borrowers’ agentAgent, or on behalf of one or more Borrowers, and Lender Agent and each of the Lenders, shall not 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, other notice or communication, nor shall the joint and several character of Borrowers’ obligations hereunder be affected thereby. In affected, provided, that the discretion provisions of the Lender, the Collateral Account may this paragraph shall not be in the name of any one or more of the Borrowers, and checks and other payments made payable construed so as to preclude any Borrower may from taking actions permitted to be deposited into such Collateral Accounttaken by a “Borrower” hereunder.

Appears in 1 contract

Sources: Term Loan and Security Agreement (Capital Growth Systems Inc /Fl/)

Borrowers’ Agent. Each Borrower hereby irrevocably appoints each other Borrower, as the agent, attorney-in-fact and legal representative of all Borrowers for all purposes, including requesting disbursement of Loans and receiving account statements and other notices and communications to Borrowers (or any of them) from Lender. Lender may rely, and shall be fully protected in relying, on any request for a Loan, disbursement instruction, report, information or any other notice or communication made or given by any Borrower, whether in its own name, as Borrowers’ agent, or on behalf of one or more Borrowers, and Lender shall not 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, other notice or communication, nor shall the joint and several character of Borrowers▇▇▇▇▇▇▇▇▇’ obligations hereunder be affected thereby. In the discretion of the Lender, the Cash Collateral Account may be in the name of any one or more of the Borrowers, and checks and other payments made payable to any Borrower may be deposited into such Cash Collateral Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Cardlytics, Inc.)

Borrowers’ Agent. Each Borrower hereby irrevocably appoints each Datrek, and Datrek shall act under this Agreement and the other BorrowerLoan Documents, as as, the agent, attorney-in-fact and legal representative of all Borrowers for all purposes, including requesting disbursement of Loans loans and receiving account statements and other notices and communications to Borrowers (or any of them) from Lender. Lender may rely, and shall be fully protected in relying, on any request for a Loanan advance, disbursement instruction, report, information or any other notice or communication made or given by any BorrowerDatrek, whether in its own name, as Borrowers’ agentAgent, or on behalf of on behalf of one or more Borrowers, and Lender shall not 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, other notice or communication, nor shall the joint and several character of Borrowers’ obligations hereunder be affected thereby. In affected, provided, that the discretion provisions of the Lender, the Collateral Account may this paragraph shall not be in the name of any one or more of the Borrowers, and checks and other payments made payable construed so as to preclude any Borrower may from taking actions permitted to be deposited into such Collateral Accounttaken by a “Borrower” hereunder.

Appears in 1 contract

Sources: Loan and Security Agreement (Greenhold Group Inc)

Borrowers’ Agent. Each Borrower Borrowers hereby irrevocably appoints each appoint Forefront Group, and Forefront Group shall act under the Loan Agreement and the other BorrowerLoan Documents as, as the agent, attorney-in-fact and legal representative of all Borrowers for all purposes, including requesting disbursement of Loans advances and receiving account statements and other notices and communications to Borrowers (or any of them) from Lender. Lender may rely, and shall be fully protected in relying, on any request for a Loanan advance, disbursement instruction, report, information or any other notice or communication made or given by any BorrowerForefront Group, whether in its own name, as Borrowers’ agentAgent, or on behalf of one or more Borrowers, and Lender shall not 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, other notice or communication, nor shall the joint and several character of Borrowers’ obligations hereunder under the Loan Agreement and the other Loan Documents be affected thereby. In affected, provided, that the discretion provisions of the Lender, the Collateral Account may this paragraph shall not be in the name of any one or more of the Borrowers, and checks and other payments made payable construed so as to preclude any Borrower may from taking actions permitted to be deposited into such Collateral Accounttaken by a “Borrower” under the Loan Agreement or any other Loan Document.

Appears in 1 contract

Sources: Loan and Security Agreement (Forefront Holdings, Inc.)

Borrowers’ Agent. Each Borrower hereby irrevocably appoints each other Borrower, as the agent, attorney-in-fact and legal representative of all Borrowers for all purposes, including requesting disbursement of Loans and receiving account statements and other notices and communications to Borrowers (or any of them) from Lender. Lender may rely, and shall be fully protected in relying, on any request for a Loan, disbursement instruction, report, information or any other notice or communication made or given by any Borrower, whether in its own name, as Borrowers’ agent, or on behalf of one or more Borrowers, and Lender shall not 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, other notice or communication, nor shall the joint and several character of Borrowers’ obligations hereunder be affected thereby. In the discretion of the Lender, the Cash Collateral Account may be in the name of any one or more of the Borrowers, and checks and other payments made payable to any Borrower may be deposited into such Cash Collateral Account.

Appears in 1 contract

Sources: Loan and Security Agreement (Cardlytics, Inc.)