Common use of Collateral Agent Appointment Clause in Contracts

Collateral Agent Appointment. Pursuant to a separate collateral agent agreement dated as of even date herewith, Investor has appointed Helios Funds LLC, a New York limited liability company as its collateral agent (the “Collateral Agent”). Investor hereby certifies that the Collateral Agent is authorized, on behalf of the Investor, to execute the Security Agreement and take all actions undertaken by the Collateral Agent in the Security Agreement. Unless the Company has been advised in writing by the Investor that the Collateral Agent no longer is authorized to act on the Investor’s behalf, the Company may rely upon and shall not be liable for acting or refraining from acting upon any written notice, document, instruction or request furnished to it under the Security Agreement and believed by it to be genuine and to have been signed or presented by the Collateral Agent without inquiry and without requiring substantiating evidence of any kind.