Common use of Administrative Borrowers Clause in Contracts

Administrative Borrowers. Each Borrower hereby irrevocably appoints Funko as the agent and attorney-in-fact for the Borrowers (the “Administrative Borrower”), which appointment shall remain in full force and effect unless and until the Agents shall have received prior written notice signed by all of the Borrowers that such appointment has been revoked and that another Borrower has been appointed Administrative Borrower. It is understood that the handling of the Loan Account and Collateral of the Borrowers, in a combined fashion, as more fully set forth herein and subject to the limitations set forth herein, is done solely as an accommodation to the Borrowers in order to utilize the collective borrowing powers of the Borrowers in the most efficient and economical manner and at their request, and that neither the Agents nor the Lenders shall incur liability to the Borrowers as a result hereof. Each of the Borrowers expects to derive benefit, directly or indirectly, from the handling of the Loan Account and the Collateral in a combined fashion since the successful operation of each Borrower is dependent on the continued successful performance of the integrated group. To induce the Agents and the Lenders to do so, and in consideration thereof, each of the Borrowers, hereby jointly and severally agrees to indemnify the Indemnitees and hold the Indemnitees harmless against any and all liability, expense, loss or claim of damage or injury, made against such Indemnitee by any of the Borrowers or by any third party whosoever, arising from or incurred by reason of (a) the handling of the Loan Account and Collateral of the Borrowers as herein provided, (b) the Agents and the Lenders relying on any instructions of the Administrative Borrower or the Administrative Borrowers, or (c) any other action taken by any Agent or any Lender hereunder or under the other Loan Documents.

Appears in 10 contracts

Samples: Credit Agreement (Funko, Inc.), Credit Agreement (Funko, Inc.), Credit Agreement (Funko, Inc.)

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Administrative Borrowers. (a) Each U.S. Borrower hereby irrevocably appoints Funko Stream International as the borrowing agent and attorney-in-fact for the all U.S. Borrowers (the “U.S. Administrative Borrower”), which appointment shall remain in full force and effect unless and until the Agents Agent shall have received prior written notice signed by all of the Borrowers each U.S. Borrower that such appointment has been revoked and that another U.S. Borrower has been appointed U.S. Administrative Borrower. Each U.S. Borrower hereby irrevocably appoints and authorizes the U.S. Administrative Borrower (i) to provide Agent with all notices with respect to U.S. Advances and U.S. Letters of Credit obtained for the benefit of any U.S. Borrower and all other notices and instructions under this Agreement and (ii) to take such action as the U.S. Administrative Borrower deems appropriate on its behalf to obtain U.S. Advances and U.S. Letters of Credit and to exercise such other powers as are reasonably incidental thereto to carry out the purposes of this Agreement. It is understood that the handling of the Loan Account and Collateral of the Borrowers, U.S. Borrowers in a combined fashion, as more fully set forth herein and subject to the limitations set forth herein, is done solely as an accommodation to the U.S. Borrowers in order to utilize the collective borrowing powers of the U.S. Borrowers in the most efficient and economical manner and at their request, and that neither the Agents nor the Lenders Lender Group shall not incur liability to the Borrowers any U.S. Borrower as a result hereofthereof. Each of the Borrowers U.S. Borrower expects to derive benefit, directly or indirectly, from the handling of the Loan Account and the Collateral in a combined fashion since the successful operation of each Borrower is dependent on the continued successful performance of the integrated group. To induce the Agents and the Lenders Lender Group to do so, and in consideration thereof, each of the Borrowers, Borrower hereby jointly and severally agrees to indemnify each member of the Indemnitees Lender Group and hold each member of the Indemnitees Lender Group harmless against any and all liability, expense, loss or claim of damage or injury, made against such Indemnitee the Lender Group by any of the Borrowers U.S. Borrower or by any third party whosoever, arising from or incurred by reason of (a) the handling of the Loan Account and Collateral of the U.S. Borrowers as herein provided, (b) the Agents and the Lenders Lender Group’s relying on any instructions of the U.S. Administrative Borrower or the Administrative BorrowersBorrower, or (c) any other action taken by any Agent or any the Lender Group hereunder or under the other Loan Documents, except that U.S. Borrowers will have no liability to the relevant Agent-Related Person or Lender-Related Person under this Section 17.13 with respect to any liability that has been finally determined by a court of competent jurisdiction to have resulted from the gross negligence or willful misconduct of such Agent-Related Person or Lender-Related Person, as the case may be.

Appears in 2 contracts

Samples: Credit Agreement (Stream Global Services, Inc.), Credit Agreement (Stream Global Services, Inc.)

Administrative Borrowers. (a) Each UK-Dutch Borrower hereby irrevocably appoints Funko CIBER International B.V. as the borrowing agent and attorney-in-fact for the all UK-Dutch Borrowers (the “UK-Dutch Administrative Borrower”)) for the purposes of each Loan Document, which appointment shall remain in full force and effect unless and until the Agents Agent shall have received prior written notice signed by all of the Borrowers each UK-Dutch Borrower that such appointment has been revoked and that another UK-Dutch Borrower has been appointed UK-Dutch Administrative Borrower. Each UK-Dutch Borrower hereby irrevocably appoints and authorizes the UK-Dutch Administrative Borrower (a) to provide Agent with all notices with respect to UK-Dutch Revolving Loans and UK-Dutch Letters of Credit obtained for the benefit of any such UK-Dutch Borrower and all other notices and instructions under this Agreement, and (b) to take such action as the UK-Dutch Administrative Borrower deems appropriate on its behalf to obtain UK-Dutch Revolving Loans and UK-Dutch Letters of Credit and to exercise such other powers as are reasonably incidental thereto to carry out the purposes of this Agreement. UK-Dutch Borrowers agree that any notice to be given by Agent or any other member of the Lender Group under the Loan Documents to any Loan Party may be given to UK-Dutch Administrative Borrower. It is understood that the handling of the UK-Dutch Loan Account and UK-Dutch Collateral of the Borrowers, in a combined fashion, as more fully set forth herein and subject to the limitations set forth herein, is done solely as an accommodation to the UK-Dutch Borrowers in order to utilize the collective borrowing powers of the UK-Dutch Borrowers in the most efficient and economical manner and at their request, and that neither the Agents nor the Lenders Lender Group shall not incur liability to the Borrowers any UK-Dutch Borrower as a result hereof. Each of the Borrowers UK-Dutch Borrower expects to derive benefit, directly or indirectly, from the handling of the UK-Dutch Loan Account and the UK-Dutch Collateral in a combined fashion since the successful operation of each UK-Dutch Borrower is dependent on the continued successful performance of the integrated group. To induce the Agents and the Lenders Lender Group to do so, and in consideration thereof, each of the Borrowers, UK-Dutch Borrower hereby jointly and severally agrees to indemnify each member of the Indemnitees Lender Group and hold each member of the Indemnitees Lender Group harmless against any and all liability, expense, loss or claim of damage or injury, made against such Indemnitee the Lender Group by any of the Borrowers UK-Dutch Borrower or by any third party whosoever, arising from or incurred by reason of (a) the handling of the UK-Dutch Loan Account and UK-Dutch Collateral of the UK-Dutch Borrowers as herein provided, or (b) the Agents and the Lenders Lender Group’s relying on any instructions of the UK-Dutch Administrative Borrower Borrower, except that UK-Dutch Borrowers will have no liability to the relevant Agent-Related Person or Lender-Related Person under this Section 17.13 with respect to any liability that has been finally determined by a court of competent jurisdiction to have resulted solely from the Administrative Borrowersgross negligence or willful misconduct of such Agent-Related Person or Lender-Related Person, or (c) any other action taken by any Agent or any Lender hereunder or under as the other Loan Documentscase may be.

Appears in 1 contract

Samples: Credit Agreement (Ciber Inc)

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Administrative Borrowers. (a) Each Borrower hereby irrevocably appoints Funko Company as the borrowing agent and attorney-in-fact for the all Borrowers (the "Administrative Borrower”)") for the purposes of each Loan Document, which appointment shall remain in full force and effect unless and until the Agents Agent shall have received prior written notice signed by all of the Borrowers each Borrower that such appointment has been revoked and that another Borrower has been appointed Administrative Borrower. Each Borrower hereby irrevocably appoints and authorizes the Administrative Borrower (a) to provide Agent with all notices with respect to Revolving Loans and all other notices and instructions under this Agreement, and (b) to take such action as the Administrative Borrower deems appropriate on its behalf to obtain Revolving Loans and to exercise such other powers as are reasonably incidental thereto to carry out the purposes of this Agreement. Borrowers agree that any notice to be given by Agent or any other member of the Lender Group under the Loan Documents to any Loan Party may be given to Administrative Borrower. It is understood that the handling of the Loan Account and Collateral of the Borrowers, in a combined fashion, as more fully set forth herein and subject to the limitations set forth herein, is done solely as an accommodation to the Borrowers in order to utilize the collective borrowing powers of the Borrowers in the most efficient and economical manner and at their request, and that neither the Agents nor the Lenders Lender Group shall not incur liability to the Borrowers any Borrower as a result hereof. Each of the Borrowers Borrower expects to derive benefit, directly or indirectly, from the handling of the Loan Account and the Collateral in a combined fashion since the successful operation of each Borrower is dependent on the continued successful performance of the integrated group. To induce the Agents and the Lenders Lender Group to do so, and in consideration thereof, each of the Borrowers, Borrower hereby jointly and severally agrees to indemnify each member of the Indemnitees Lender Group and hold each member of the Indemnitees Lender Group harmless against any and all liability, expense, loss or claim of damage or injury, made against such Indemnitee the Lender Group by any of the Borrowers Borrower or by any third party whosoever, arising from or incurred by reason of (a) the handling of the Loan Account and Collateral of the Borrowers as herein provided, or (b) the Agents and the Lenders Lender Group's relying on any instructions of the Administrative Borrower Borrower, except that Borrowers will have no liability to the relevant Agent-Related Person or Lender-Related Person under this Section 17.13 with respect to any liability that has been finally determined by a court of competent jurisdiction to have resulted solely from the Administrative Borrowersgross negligence or willful misconduct of such Agent-Related Person or Lender-Related Person, or (c) any other action taken by any Agent or any Lender hereunder or under as the other Loan Documentscase may be.

Appears in 1 contract

Samples: Possession Credit Agreement (Ciber Inc)

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