Common use of Appointment of Borrower Representative Clause in Contracts

Appointment of Borrower Representative. Each Borrower hereby irrevocably appoints Parent as the borrowing agent and attorney-in-fact for all Borrowers (the “Borrower Representative”) which appointment shall remain in full force and effect unless and until the Administrative Agent shall have received prior written notice signed by each Borrower that such appointment has been revoked and that another Borrower has been appointed Borrower Representative. Each Borrower hereby irrevocably appoints and authorizes the Borrower Representative (a) to provide the Administrative Agent with all notices with respect to Revolving Loans, Letters of Credit and Swingline Loans obtained for the benefit of any Borrower and all other notices and instructions under this Agreement and the other Credit Documents (and any notice or instruction provided by Borrower Representative shall be deemed to be given by Borrowers hereunder and shall bind each Borrower), (b) to receive notices and instructions from the Lenders (and any notice or instruction provided by any Lender to the Borrower Representative in accordance with the terms hereof shall be deemed to have been given to each Borrower), and (c) to take such action as the Borrower Representative deems appropriate on its behalf to obtain Revolving Loans, Letters of Credit and Swingline Loans and to exercise such other powers as are reasonably incidental thereto to carry out the purposes of this Agreement.

Appointment of Borrower Representative. Each Borrower Borrowing Subsidiary from time to time party hereto hereby irrevocably appoints Parent designates New Guardian as its representative and agent on its behalf for the borrowing agent and attorney-in-fact for all Borrowers (the “Borrower Representative”) which appointment shall remain in full force and effect unless and until the Administrative Agent shall have received prior written notice signed by each Borrower that such appointment has been revoked and that another Borrower has been appointed Borrower Representative. Each Borrower hereby irrevocably appoints and authorizes the Borrower Representative (a) to provide the Administrative Agent with all notices purposes of requesting advances, giving instructions with respect to Revolving the disbursement of the proceeds of the Loans, Letters executing and delivering Borrowing Base Certificates, Lists of Credit Contracts, Compliance Certificates and Swingline Loans obtained for the benefit of any Borrower other reports and certificates required to be delivered hereunder, giving and receiving all other notices and instructions consents hereunder or under this Agreement and any of the other Credit Loan Documents and taking all other actions (and including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under the Loan Documents. New Guardian hereby accepts such appointment. Lender may regard any notice or instruction provided 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 to be given by Borrowers hereunder and shall bind each Borrower), (b) to receive notices and instructions from the Lenders (and any notice or instruction provided by any Lender to the Borrower Representative in accordance with the terms hereof shall be deemed for all purposes to have been given made by such Borrower and shall be binding upon and enforceable against such Borrower to each the same extent as if the same had been made directly by such Borrower), and (c) to take such action as the Borrower Representative deems appropriate on its behalf to obtain Revolving Loans, Letters of Credit and Swingline Loans and to exercise such other powers as are reasonably incidental thereto to carry out the purposes of this Agreement.

Appointment of Borrower Representative. Each Borrower Obligor hereby irrevocably designates and appoints Parent Cirrata V as the borrowing agent and attorney-in-fact for all Borrowers (the “Borrower Representative”) which appointment shall remain in full force , to serve as its representative and effect unless agent hereunder to act on its behalf for the purposes of issuing Loan Notices and until the Administrative Agent shall have received prior written notice signed by each Borrower that such appointment has been revoked and that another Borrower has been appointed Borrower Representative. Each Borrower hereby irrevocably appoints and authorizes the Borrower Representative (a) to provide the Administrative Agent with all notices certificates, giving instructions with respect to Revolving the disbursement of the proceeds of the Loans, Letters of Credit selecting interest rate options, giving and Swingline Loans obtained for the benefit of any Borrower and receiving all other notices and instructions consents hereunder or under this Agreement and any of the other Credit Loan Documents and taking all other actions (including in respect of compliance with covenants and amendments to the Loan Documents) on behalf of any Obligor or Obligors under the Loan Documents, in each case, without notice to any Borrower or any other Obligor. Xxxxxxx X hereby accepts such appointment as Borrower Representative. The Agent and each Lender may regard any notice or instruction provided other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Obligors, and may give any notice or communication required or permitted to be given to any Obligor or Obligors hereunder to the Borrower Representative on behalf of such Obligor or Obligors. Each Obligor agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf by the Borrower Representative shall be deemed to be given by Borrowers hereunder and shall bind each Borrower), (b) to receive notices and instructions from the Lenders (and any notice or instruction provided by any Lender to the Borrower Representative in accordance with the terms hereof shall be deemed for all purposes to have been given made by such Obligor and shall be binding upon and enforceable against such Obligor to each Borrower), and (c) to take the same extent as if the same had been made directly by such action as the Borrower Representative deems appropriate on its behalf to obtain Revolving Loans, Letters of Credit and Swingline Loans and to exercise such other powers as are reasonably incidental thereto to carry out the purposes of this AgreementObligor.

Appointment of Borrower Representative. Each Borrower hereby irrevocably appoints Parent -------------------------------------- designates BCI as its representative and agent (in such capacity, "Borrower -------- Representative") on its behalf for the borrowing agent purposes of (i) issuing Notices of -------------- Revolving Credit Advance and attorney-in-fact for all Borrowers any related documentation, (the “Borrower Representative”ii) which appointment shall remain in full force and effect unless and until the Administrative Agent shall have received prior written notice signed by each Borrower that such appointment has been revoked and that another Borrower has been appointed Borrower Representative. Each Borrower hereby irrevocably appoints and authorizes the Borrower Representative (a) to provide the Administrative Agent with all notices giving instructions with respect to the disbursement of the proceeds of the Revolving LoansCredit Advances, (iii) requesting Letters of Credit Credit, (iv) giving and Swingline Loans obtained for the benefit of any Borrower and receiving all other notices and instructions consents hereunder or under this Agreement and any of the other Credit Loan Documents and (v) taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower under the Loan Documents. Borrower Representative hereby accepts such appointment. Each Agent and each Lender may regard any notice or instruction provided other communication pursuant to any Loan Document from Borrower Representative as a notice or communication from any or all Borrowers, and may give any notice or communication required or permitted to be given to any or all Borrowers hereunder to Borrower Representative on behalf of each Borrower. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf by Borrower Representative shall be deemed to be given by Borrowers hereunder and shall bind each Borrower), (b) to receive notices and instructions from the Lenders (and any notice or instruction provided by any Lender to the Borrower Representative in accordance with the terms hereof shall be deemed for all purposes to have been given made by such Borrower and shall be binding upon and enforceable against such Borrower to each the same extent as if the same had been made directly by such Borrower), and (c) to take such action as the Borrower Representative deems appropriate on its behalf to obtain Revolving Loans, Letters of Credit and Swingline Loans and to exercise such other powers as are reasonably incidental thereto to carry out the purposes of this Agreement.

Appointment of Borrower Representative. Each Borrower The Borrowers hereby irrevocably appoints Parent as the borrowing agent and attorney-in-fact for all Borrowers (the “Borrower Representative”) which appointment shall remain in full force and effect unless and until the Administrative Agent shall have received prior written notice signed by each Borrower that such appointment has been revoked and that another Borrower has been appointed Borrower Representative. Each Borrower hereby irrevocably appoints and authorizes designate the Borrower Representative (a) to provide as their representative and agent on their behalf for the Administrative Agent with all purposes of issuing notices hereunder, giving instructions with respect to the disbursement of proceeds of the Revolving Credit Loans, and requesting Letters of Credit Credit, and Swingline Loans obtained each Borrower hereby appoints the Borrower Representative as its representative and agent on its behalf for the benefit purposes of any Borrower giving and receiving all other notices and instructions consents hereunder or under this Agreement and any of the other Credit Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower under the Loan Documents. The Borrower Representative hereby accepts such appointment. The Agent and each Lender may regard any notice or instruction provided other communication pursuant to any Loan Document from the Borrower Representative signed by any authorized officer thereof as a notice or communication from all the Borrowers, and may give any notice or communication required or permitted to be given to the Borrowers hereunder to the Borrower Representative. The Borrowers agree that each notice, election, representation and warranty, covenant, agreement and undertaking made on their behalf by the Borrower Representative shall be deemed to be given by Borrowers hereunder and shall bind each Borrower), (b) to receive notices and instructions from the Lenders (and any notice or instruction provided by any Lender to the Borrower Representative in accordance with the terms hereof shall be deemed for all purposes to have been given made by each Borrower and shall be binding upon and enforceable against each Borrower to the same extent as if same had been made directly by each Borrower), and (c) to take such action as the Borrower Representative deems appropriate on its behalf to obtain Revolving Loans, Letters of Credit and Swingline Loans and to exercise such other powers as are reasonably incidental thereto to carry out the purposes of this Agreement.