Appointment of Borrower Representative. Each Borrower hereby appoints the Borrower Representative as its agent, attorney-in-fact and representative for the purpose of (i) making any borrowing requests or other requests required under this Agreement, (ii) the giving and receipt of notices by and to Borrowers under this Agreement, (iii) the delivery of all documents, reports, financial statements and written materials required to be delivered by Borrowers under this Agreement, and (iv) all other purposes incidental to any of the foregoing. Each Borrower agrees that any action taken by the Borrower Representative as the agent, attorney-in-fact and representative of the Borrowers shall be binding upon each Borrower to the same extent as if directly taken by such Borrower.
Appears in 17 contracts
Samples: Credit Agreement (PVH Corp. /De/), Credit and Guaranty Agreement (PVH Corp. /De/), Revolving Credit and Guaranty Agreement (Fairmount Santrol Holdings Inc.)
Appointment of Borrower Representative. Each Borrower hereby appoints the Borrower Representative as its agent, attorney-in-fact and representative for the purpose of (i) making any borrowing requests or other requests required under this Agreement, (ii) the giving and receipt of notices by and to Borrowers under this Agreement, (iii) the delivery of all documents, reports, certificates, financial statements and written materials required to be delivered by Borrowers under this Agreement, and (iv) all other purposes incidental to any of the foregoing. Each Borrower agrees that any action taken by the Borrower Representative as the agent, attorney-in-fact and representative of the Borrowers shall be binding upon each Borrower to the same extent as if directly taken by such BorrowerBorrower and any notice to the Borrower Representative shall be deemed notice to all Borrowers.
Appears in 6 contracts
Samples: Floor Plan First Lien Credit Agreement (Alta Equipment Group Inc.), Floor Plan First Lien Credit Agreement (Alta Equipment Group Inc.), Abl First Lien Credit Agreement (Alta Equipment Group Inc.)
Appointment of Borrower Representative. Each The Foreign Borrower hereby appoints the Borrower Representative as its agent, attorney-in-fact and representative for the purpose of (ia) making any borrowing requests or other requests required under this Agreement, (iib) the giving and receipt of notices by and to Borrowers under this Agreement, (iiic) the delivery of all documents, reports, financial statements and written materials required to be delivered by Borrowers under this Agreement, and (ivd) all other purposes incidental to any of the foregoing. Each The Foreign Borrower agrees that any action taken by the Borrower Representative as the agent, attorney-in-fact and representative of the Borrowers shall be binding upon each the Foreign Borrower to the same extent as if directly taken by such Borrower.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Grifols SA), Credit and Guaranty Agreement (Grifols Germany GmbH)