Common use of Appointment of Borrower Representative Clause in Contracts

Appointment of Borrower Representative. Each Credit Party hereby irrevocably designates and appoints the Initial Borrower as Borrower Representative, to serve as its representative and agent hereunder to act on its behalf for the purposes of issuing Notices and certificates, giving instructions with respect to the disbursement of the proceeds of the Loans selecting interest rate options, 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 and amendments to the Credit Documents) on behalf of any Credit Party or Credit Parties under the Credit Documents, in each case, without notice to any Borrower or any other Credit Party. The Initial Borrower hereby accepts such appointment as Borrower Representative. Each Agent, each Lender and each Issuing Bank may regard any notice or other communication pursuant to any Credit Document from Borrower Representative as a notice or communication from all Credit Parties, and may give any notice or communication required or permitted to be given to any Credit Party or Credit Parties hereunder to Borrower Representative on behalf of such Credit Party or Credit Parties. Each Credit Party agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf by Borrower Representative shall be deemed for all purposes to have been made by such Credit Party and shall be binding upon and enforceable against such Credit Party to the same extent as if the same had been made directly by such Credit Party.

Appointment of Borrower Representative. Each Credit Loan Party hereby irrevocably designates and appoints the Initial Borrower Crimson Operating as “Borrower Representative”, to serve as its representative and agent hereunder to act on its behalf for the purposes of issuing Notices and certificatesof Borrowing, Swingline Borrowing Notices, Notices of Conversion or Continuation, giving instructions with respect to the disbursement of the proceeds of the Loans Advances, selecting interest rate options, giving and receiving all other notices and consents consents, waivers and amendments hereunder or under any of the other Credit Loan Documents and taking all other actions (including in respect of compliance with covenants and amendments or other modification to the Credit Loan Documents) on behalf of any Credit Loan Party or Credit Loan Parties under the Credit Loan Documents, in each case, without notice to any Borrower or any other Credit Party. The Initial Borrower Crimson Operating hereby accepts such appointment as Borrower Representative. Each Agent, Administrative Agent and each Lender and each Issuing Bank may regard any notice or other communication pursuant to any Credit Loan Document from Borrower Representative as a notice or communication from all Credit Loan Parties, and may give any notice or communication required or permitted to be given to any Credit Loan Party or Credit Loan Parties hereunder to Borrower Representative on behalf of such Credit Loan Party or Credit Loan Parties. Each Credit Loan Party agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf by Borrower Representative shall be deemed for all purposes to have been made by such Credit Loan Party and shall be binding upon and enforceable against such Credit Loan Party to the same extent as if the same had been made directly by such Credit Loan Party.

Appointment of Borrower Representative. Each Credit Party hereby irrevocably designates and appoints the Initial Borrower PPSH as Borrower Representative, to serve as its representative and agent hereunder to act on its behalf for the purposes of issuing Notices and certificates, giving instructions with respect to the disbursement of the proceeds of the Loans selecting interest rate options, 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 and amendments to the Credit Documents) on behalf of any Credit Party or Credit Parties under the Credit Documents, in each case, without notice to any Borrower or any other Credit Party. The Initial Borrower PPSH hereby accepts such appointment as Borrower Representative. Each Agent, each Lender and each Issuing Bank may regard any notice or other communication pursuant to any Credit Document from Borrower Representative as a notice or communication from all Credit Parties, and may give any notice or communication required or permitted to be given to any Credit Party or Credit Parties hereunder to Borrower Representative on behalf of such Credit Party or Credit Parties. Each Credit Party agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf by Borrower Representative shall be deemed for all purposes to have been made by such Credit Party and shall be binding upon and enforceable against such Credit Party to the same extent as if the same had been made directly by such Credit Party.

Appointment of Borrower Representative. Each Credit Party hereby irrevocably designates and appoints the Initial Borrower as Borrower Representative, to serve as its representative and agent hereunder to act on its behalf for the purposes of issuing Notices and certificates, giving instructions with respect to the disbursement of the proceeds of the Loans selecting interest rate options, 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 and amendments to the Credit Documents) on behalf of any Credit Party or Credit Parties under the Credit Documents, in each case, NAI-1537241654v2 without notice to any Borrower or any other Credit Party. The Initial Borrower hereby accepts such appointment as Borrower Representative. Each Agent, each Lender and each Issuing Bank may regard any notice or other communication pursuant to any Credit Document from Borrower Representative as a notice or communication from all Credit Parties, and may give any notice or communication required or permitted to be given to any Credit Party or Credit Parties hereunder to Borrower Representative on behalf of such Credit Party or Credit Parties. Each Credit Party agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf by Borrower Representative shall be deemed for all purposes to have been made by such Credit Party and shall be binding upon and enforceable against such Credit Party to the same extent as if the same had been made directly by such Credit Party.

Appointment of Borrower Representative. Reliance on ------------------------------------------------------- Notices. Each Credit Loan Party hereby irrevocably designates and appoints the Initial Borrower as Borrower Representative, to serve Parent as its representative and ------- agent hereunder to act on its behalf (the "Borrower Representative") for the purposes of issuing Notices executing and certificatesdelivering any notice of borrowing, notice of conversion into or continuation of a LIBOR Advance, request for issuance of a Letter of Credit or similar notice, giving instructions with respect to the disbursement of the proceeds of the Loans Advances, selecting interest rate options, effecting repayment of Advances, requesting issuance of 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 and amendments to the Credit Documentscovenants) on behalf of any Credit Loan Party or Credit Parties under the Credit Loan Documents, in each case, without notice to any Borrower or any other Credit Party. The Initial Borrower Parent hereby accepts such appointment as Borrower Representativeappointment. Each Agent, each Lender and each Issuing Bank may regard any notice or other communication pursuant to any Credit Loan Document from Borrower Representative as a notice or communication from all Credit PartiesLoan Parties and shall be entitled to rely upon, and may shall be fully protected in relying upon, any such notice or communication as such, and shall give any notice or communication required or permitted to be given to any Credit Loan Party or Credit Parties hereunder to Borrower Representative on behalf of such Credit Party or Credit PartiesLoan Party. Each Credit Loan Party agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf by Borrower Representative shall be deemed for all purposes to have been made by such Credit Loan Party and shall be binding upon and enforceable against such Credit Loan Party to the same extent as if the same had been made directly by such Credit Loan Party.