Common use of Appointment of Borrower Representative Clause in Contracts

Appointment of Borrower Representative. The Company may from time to time designate one or more Responsible Officers of a Borrower as the representative and agent on behalf of each or any Borrower for the purposes of issuing notices hereunder, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Credit Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Credit Documents (in such capacity, the "Borrower Representative"). The Borrower Representative hereby accepts such appointment. The Administrative Agent and each Lender may regard any notice or other communication pursuant to any Credit Document from the Borrower Representative as a notice or communication from all of the Borrowers, and may give any notice or communication required or permitted to be given to any Borrower or the Borrowers hereunder to the Borrower Representative on behalf of such Borrower or the Borrowers. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Appears in 1 contract

Samples: Credit Agreement (Trylon Corp/Mi/)

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Appointment of Borrower Representative. The Company may Each Borrowing Subsidiary from time to time designate one or more Responsible Officers of a Borrower party hereto hereby designates New Guardian as the its representative and agent on its behalf of each or any Borrower for the purposes of issuing notices hereunderrequesting advances, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate optionsexecuting and delivering Borrowing Base Certificates, requesting Letters Lists of CreditContracts, Compliance Certificates and other reports and certificates required to be delivered hereunder, giving and receiving all other notices and consents hereunder or under any of the other Credit Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Credit Documents (in such capacity, the "Borrower Representative")Loan Documents. The Borrower Representative New Guardian hereby accepts such appointment. The Administrative Agent and each Lender may regard any notice or other communication pursuant to any Credit Loan Document from the Borrower Representative as a notice or communication from all of the Borrowers, and may give any notice or communication required or permitted to be given to any Borrower or the Borrowers hereunder to the Borrower Representative on behalf of such Borrower or the Borrowers. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Guardian International Inc)

Appointment of Borrower Representative. The Company may from time to time designate one or more Responsible Officers of a U.K. Borrower hereby designates -------------------------------------- U.S. Borrower as the its representative and agent on its behalf of each or any Borrower for the purposes of issuing notices executing and delivering Borrowing Base Certificates, Notices of Borrowing, Notices of Conversion/Continuation, Compliance Certificates and other reports and certificates required to be delivered hereunder, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Credit Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any such Borrower or the Borrowers under the Credit Documents (in such capacity, the "Loan Documents. U.S. Borrower Representative"). The Borrower Representative hereby accepts such appointment. The Administrative Agent, Funding Agent, Collateral Agent and each or any Lender may regard any notice or other communication pursuant to any Credit Loan Document from the Borrower Representative as a notice or communication from all of the Borrowers, and may give any notice or communication required or permitted to be given to any Borrower or the Borrowers hereunder to the Borrower Representative on behalf of such Borrower or the Borrowers. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Hawker Pacific Aerospace)

Appointment of Borrower Representative. The Company may Each of Mutual Central and any other Borrowing Subsidiary from time to time designate one or more Responsible Officers of a Borrower party hereto hereby designates Guardian as the its representative and agent on its behalf of each or any Borrower for the purposes of issuing notices hereunderrequesting advances, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate optionsexecuting and delivering Borrowing Base Certificates, requesting Letters of CreditLIBOR Loan requests, Compliance Certificates and other reports and certificates required to be delivered hereunder, giving and receiving all other notices and consents hereunder or under any of the other Credit Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Credit Documents (in such capacity, the "Borrower Representative")Loan Documents. The Borrower Representative Guardian hereby accepts such appointment. The Administrative Agent and each Lender may regard any notice or other communication pursuant to any Credit Loan Document from the Borrower Representative as a notice or communication from all of the Borrowers, and may give any notice or communication required or permitted to be given to any Borrower or the Borrowers hereunder to the Borrower Representative on behalf of such Borrower or the Borrowers. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Guardian International Inc)

Appointment of Borrower Representative. The Company may from time to time designate one or more Responsible Officers of a Each Borrower hereby designates Xxxxxxxx as the its representative and agent on its behalf of each or any Borrower for the purposes of issuing notices hereunder, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Credit Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Credit Documents (in such capacity, the "Borrower Representative")Loan Documents. The Borrower Representative hereby accepts such appointment. The Administrative Agent and each Lender may regard any notice or other communication pursuant to any Credit Loan Document from the Chief Executive Officer, Chief Financial Officer or Controller of the Borrower Representative as a notice or communication from all of the Borrowers, and may give any notice or communication required or permitted to be given to any Borrower or the Borrowers hereunder to the Borrower Representative on behalf of such Borrower or the Borrowers. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Appears in 1 contract

Samples: Credit Agreement (Reinhold Industries Inc/De/)

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Appointment of Borrower Representative. The Company may from time to time designate one or more Responsible Officers of a Each Borrower hereby designates Xxxxxxxx as the its representative and agent on its behalf of each or any Borrower for the purposes of issuing notices hereunder, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Credit Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Credit Documents (in such capacity, the "Borrower Representative")Loan Documents. The Borrower Representative hereby accepts such appointment. The Administrative Agent and each Lender Bank may regard any notice or other communication pursuant to any Credit Loan Document from the Chief Executive Officer, Chief Financial Officer or Controller of the Borrower Representative as a notice or communication from all of the Borrowers, and may give any notice or communication required or permitted to be given to any Borrower or the Borrowers hereunder to the Borrower Representative on behalf of such Borrower or the Borrowers. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Appears in 1 contract

Samples: Credit Agreement (Reinhold Industries Inc/De/)

Appointment of Borrower Representative. The Each Borrower hereby designates the Company may from time to time designate one or more Responsible Officers of a Borrower as the its representative and agent on its behalf of each or any (the "Borrower Representative") for the purposes of issuing notices hereunder, giving instructions with respect to the disbursement of the proceeds of the Loans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Credit Documents Financing Agreements and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Credit Documents (in such capacity, the "Borrower Representative")Financing Agreements. The Borrower Representative hereby accepts such appointment. The Administrative Agent and each Lender may regard any notice or other communication pursuant to any Credit Document Financing Agreement from the Borrower Representative as a notice or communication from all of the Borrowers, and may give any notice or communication required or permitted to be given to any Borrower or the Borrowers hereunder to the Borrower Representative on behalf of such Borrower or the Borrowers. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf by the Borrower Representative shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (Action Performance Companies Inc)

Appointment of Borrower Representative. The Company may from time to time Borrowers hereby designate one or more Responsible Officers of a the Borrower Representative as the their representative and agent on their behalf of each or any Borrower for the purposes of issuing notices hereunder, giving instructions with respect to the disbursement of the proceeds of the Revolving Credit Loans, selecting interest rate options, and requesting Letters of Credit, and each Borrower hereby appoints the Borrower Representative as its representative and agent on its behalf for the purposes of giving and receiving all other notices and consents hereunder or under any of the other Credit Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Credit Documents (in such capacity, the "Borrower Representative")Loan Documents. The Borrower Representative hereby accepts such appointment. The Administrative Agent and each Lender may regard any notice or other communication pursuant to any Credit Loan Document from the Borrower Representative signed by any authorized officer thereof as a notice or communication from all of the Borrowers, and may give any notice or communication required or permitted to be given to any Borrower or the Borrowers hereunder to the Borrower Representative on behalf of such Borrower or the BorrowersRepresentative. Each Borrower agrees The Borrowers agree that each notice, election, representation and warranty, covenant, agreement and undertaking made on its their behalf by the Borrower Representative shall be deemed for all purposes to have been made by such each Borrower and shall be binding upon and enforceable against such each Borrower to the same extent as if the same had been made directly by such each Borrower.

Appears in 1 contract

Samples: Postpetition Credit Agreement (Special Metals Corp)

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