Common use of Appointment of Borrower Representative Clause in Contracts

Appointment of Borrower Representative. (a) Each Borrower hereby irrevocably appoints and constitutes Holdings (in such capacity, the “Borrower Representative”) as its agent to request and receive the proceeds of any Loan, Letter of Credit or any other extension of credit hereunder (and to otherwise act on behalf of such Borrower pursuant to this Agreement and the other Loan Documents) from the Lenders in the name or on behalf of each such Borrower. The Lenders may disburse such proceeds only to a bank account of a Borrower without notice to any other Borrower or any other Loan Party. (b) Each Loan Party hereby irrevocably appoints and constitutes the Borrower Representative as its agent to (i) receive statements of account and all other notices from Administrative Agent with respect to the Obligations or otherwise under or in connection with this Agreement and the other Loan Documents; (ii) execute and deliver Borrowing Base Reports and all other notices, certificates and documents to be executed and/or delivered by any Loan Party under this Agreement or the other Loan Documents; and (iii) otherwise act on behalf of such Loan Party pursuant to this Agreement and the other Loan Documents. (c) The authorizations contained in this Section 2.13 are coupled with an interest and shall be irrevocable, and the Lenders may rely on any notice, request, information supplied by the Borrower Representative, every document executed by the Borrower Representative, every agreement made by the Borrower Representative or other action taken by the Borrower Representative in respect of any Borrower or other Loan Party as if the same were supplied, made or taken by such Borrower or such Loan Party. Without limiting the generality of the foregoing, the failure of one or more Borrowers or other Loan Parties to join in the execution of any writing in connection herewith shall not relieve any Borrower or other Loan Party from obligations in respect of such writing. (d) No purported termination of the appointment of the Borrower Representative as agent shall be effective without the prior written consent of Administrative Agent. (e) Any notice given by or to the Borrower Representative hereunder shall constitute and be deemed to be notice given by or to all Borrowers, jointly and severally. Notice given by Administrative Agent to the Borrower Representative hereunder or pursuant to any other Loan Documents in accordance with the terms hereof or thereof shall constitute notice to all Borrowers. The knowledge of any Borrower shall be imputed to all Borrowers and any consent by the Borrower Representative or any Borrower shall constitute the consent of and shall bind all Borrowers. (f) The Borrower Representative hereby accepts the appointment by each Loan Party to act as the agent of the Loan Parties pursuant to this Section 2.

Appointment of Borrower Representative. (a) 17.1. Each Borrower Loan Party hereby irrevocably (until Payment in Full or a change pursuant to Section 17.4) appoints and constitutes Holdings (in such capacity, the “Borrower Representative”) Representative as its agent to request and receive the proceeds of any Loan, Letter advances in respect of Credit or any other extension of credit hereunder the Loans (and to otherwise act on behalf of such Borrower that Loan Party pursuant to this Agreement and the other Loan Documents) from the Lenders in the name or on behalf of each such Borrowerthat Loan Party. The Lenders Administrative Agent may disburse such those proceeds only to a the bank account of a Borrower Representative (or any other Borrower) without notice to any other Borrower or any other Loan Party. (b) 17.2. Each Loan Party hereby irrevocably (until Payment in Full or a change pursuant to Section 17.4) appoints and constitutes the Borrower Representative as its agent to (ia) receive statements of account and all other notices from Administrative Agent with respect to the Obligations or otherwise under or in connection with this Agreement and the other Loan Documents; , (iib) execute and deliver Borrowing Base Reports Compliance Certificates and all other notices, certificates and documents to be executed and/or delivered by any Loan Party under this Agreement or the other Loan Documents; and (iiic) otherwise act on behalf of such that Loan Party pursuant to this Agreement and the other Loan Documents. To such effect, AN Evolution and AN Extend shall each grant the Borrower Representative, an irrevocable power of attorney for lawsuits and collections and acts of administration, which shall be notarized and apostilled in Mexico. For the reason of granting Borrower Representative the power of attorney, it shall be considered that AN Evolution and AN Extend each irrevocable appoints the Borrower Representative as its agent in the terms abovementioned. Such power of attorney shall be delivered by each of AN Evolution and AN Extend to Monroe Capital within ten (10) Business Days following the date of execution of this Agreement. The Borrower Representative xxxxxx accepts to act as agent of the Loan Parties. (c) 17.3. The authorizations contained in this Section 2.13 17 are coupled with an interest and shall be irrevocableare irrevocable until Payment in Full or a change pursuant to Section 17, and the Lenders Administrative Agent may rely on any notice, request, information supplied by the Borrower Representative, every document executed by the Borrower Representative, every agreement made by the Borrower Representative or other action taken by the Borrower Representative in respect of any Borrower or other Loan Party as if the same were supplied, made or taken by such that Borrower or such Loan Party. Without limiting the generality of the foregoing, the failure of one or more Borrowers or other Loan Parties to join in the execution of any writing in connection herewith shall with this Agreement will not relieve any Borrower or other Loan Party from obligations in respect of such that writing. (d) 17.4. No purported termination of or change in the appointment of the Borrower Representative as agent shall will be effective without the prior written consent of Administrative Agent. (e) Any notice given by or to the Borrower Representative hereunder shall constitute and be deemed to be notice given by or to all Borrowers, jointly and severally. Notice given by Administrative Agent to the Borrower Representative hereunder or pursuant to any other Loan Documents in accordance with the terms hereof or thereof shall constitute notice to all Borrowers. The knowledge of any Borrower shall be imputed to all Borrowers and any consent by the Borrower Representative or any Borrower shall constitute the consent of and shall bind all Borrowers. (f) The Borrower Representative hereby accepts the appointment by each Loan Party to act as the agent of the Loan Parties pursuant to this Section 2.

Appointment of Borrower Representative. (a) Each Borrower hereby irrevocably appoints and constitutes Holdings (in such capacity, the “Borrower Representative”) as its agent to request and receive the proceeds of any Loan, Letter of Credit or any other extension of credit hereunder (and to otherwise act on behalf of such Borrower pursuant to this Agreement and the other Loan Documents) from the Lenders in the name or on behalf of each such Borrower. The Lenders may disburse such proceeds only to a bank account of a Borrower without notice to any other Borrower or any other Loan Party. (b) Each Loan Party hereby irrevocably appoints and constitutes the Borrower Representative as its agent to (i) receive statements of account and all other notices from Administrative Agent with respect to the Obligations or otherwise under or in connection with this Agreement and the other Loan Documents; (ii) execute and deliver Borrowing Base Reports and all other notices, certificates and documents to be executed and/or delivered by any Loan Party under this Agreement or the other Loan Documents; and (iii) otherwise act on behalf of such Loan Party pursuant to this Agreement and the other Loan Documents. (c) The authorizations contained in this Section 2.13 are coupled with an interest and shall be irrevocable, and the Lenders may rely on any notice, request, information supplied by the Borrower Representative, every document executed by the Borrower Representative, every agreement made by the Borrower Representative or other action taken by the Borrower Representative in respect of any Borrower or other Loan Party as if the same were supplied, made or taken by such Borrower or such Loan Party. Without limiting the generality of the foregoing, the failure of one or more Borrowers or other Loan Parties to join in the execution of any writing in connection herewith shall not relieve any Borrower or other Loan Party from obligations in respect of such writing. (d) No purported termination of the appointment of the Borrower Representative as agent shall be effective without the prior written consent of Administrative Agent. (e) Any notice given by or to the Borrower Representative hereunder shall constitute and be deemed to be notice given by or to all Borrowers, jointly and severally. Notice given by Administrative Agent to the Borrower Representative hereunder or pursuant to any other Loan Documents in accordance with the terms hereof or thereof shall constitute notice to all Borrowers. The knowledge of any Borrower shall be imputed to all Borrowers and any consent by the Borrower Representative or any Borrower shall constitute the consent of and shall bind all Borrowers. (f) The Borrower Representative hereby xxxxxx accepts the appointment by each Loan Party to act as the agent of the Loan Parties pursuant to this Section 2.

Appointment of Borrower Representative. (a) 1.1.1 Each Borrower Loan Party hereby irrevocably (until Payment in Full or a change pursuant to Section 17.1.4) appoints and constitutes Holdings (in such capacity, the “Borrower Representative”) Representative as its agent to request and receive the proceeds of any Loan, Letter advances in respect of Credit or any other extension of credit hereunder the Loans (and to otherwise act on behalf of such Borrower that Loan Party pursuant to this Agreement and the other Loan Documents) from the Lenders in the name or on behalf of each such Borrowerthat Loan Party. The Lenders Administrative Agent may disburse such those proceeds only to a the bank account of a Borrower Representative (or any other Borrower) without notice to any other Borrower or any other Loan Party. (b) 1.1.2 Each Loan Party hereby irrevocably (until Payment in Full or a change pursuant to Section 17.1.4) appoints and constitutes the Borrower Representative as its agent to (ia) receive statements of account and all other notices from Administrative Agent with respect to the Obligations or otherwise under or in connection with this Agreement and the other Loan Documents; , (iib) execute and deliver Borrowing Base Reports Compliance Certificates and all other notices, certificates and documents to be executed and/or delivered by any Loan Party under this Agreement or the other Loan Documents; and (iiic) otherwise act on behalf of such that Loan Party pursuant to this Agreement and the other Loan Documents. (c) 1.1.3 The authorizations contained in this Section 2.13 17 are coupled with an interest and shall be irrevocableare irrevocable until Payment in Full or a change pursuant to Section 17, and the Lenders Administrative Agent may rely on any notice, request, information supplied by the Borrower Representative, every document executed by the Borrower Representative, every agreement made by the Borrower Representative or other action taken by the Borrower Representative in respect of any Borrower or other Loan Party as if the same were supplied, made or taken by such that Borrower or such Loan Party. Without limiting the generality of the foregoing, the failure of one or more Borrowers or other Loan Parties to join in the execution of any writing in connection herewith shall with this Agreement will not relieve any Borrower or other Loan Party from obligations in respect of such that writing. (d) 1.1.4 No purported termination of or change in the appointment of the Borrower Representative as agent shall will be effective without the prior written consent of Administrative Agent. (e) Any notice given by or to the Borrower Representative hereunder shall constitute and be deemed to be notice given by or to all Borrowers, jointly and severally. Notice given by Administrative Agent to the Borrower Representative hereunder or pursuant to any other Loan Documents in accordance with the terms hereof or thereof shall constitute notice to all Borrowers. The knowledge of any Borrower shall be imputed to all Borrowers and any consent by the Borrower Representative or any Borrower shall constitute the consent of and shall bind all Borrowers. (f) The Borrower Representative hereby accepts the appointment by each Loan Party to act as the agent of the Loan Parties pursuant to this Section 2.

Appointment of Borrower Representative. (a) 17.1. Each Borrower Loan Party hereby irrevocably (until Payment in Full or a change pursuant to Section 17.4) appoints and constitutes Holdings (in such capacity, the “Borrower Representative”) Representative as its agent to request and receive the proceeds of any Loan, Letter advances in respect of Credit or any other extension of credit hereunder the Loans (and to otherwise act on behalf of such Borrower that Loan Party pursuant to this Agreement and the other Loan Documents) from the Lenders in the name or on behalf of each such Borrowerthat Loan Party. The Lenders Administrative Agent may disburse such those proceeds only to a the bank account of a Borrower Representative (or any other Borrower) without notice to any other Borrower or any other Loan Party. (b) 17.2. Each Loan Party hereby irrevocably (until Payment in Full or a change pursuant to Section 17.4) appoints and constitutes the Borrower Representative as its agent to (ia) receive statements of account and all other notices from Administrative Agent with respect to the Obligations or otherwise under or in connection with this Agreement and the other Loan Documents; , (iib) execute and deliver Borrowing Base Reports Compliance Certificates and all other notices, certificates and documents to be executed and/or delivered by any Loan Party under this Agreement or the other Loan Documents; and (iiic) otherwise act on behalf of such that Loan Party pursuant to this Agreement and the other Loan Documents. To such effect, AN Evolution and AN Extend shall each grant the Borrower Representative, an irrevocable power of attorney for lawsuits and collections and acts of administration, which shall be notarized and apostilled in Mexico. For the reason of granting Borrower Representative the power of attorney, it shall be considered that AN Evolution and AN Extend each irrevocable appoints the Borrower Representative as its agent in the terms abovementioned. Such power of attorney shall be delivered by each of AN Evolution and AN Extend to Monroe Capital within ten (10) Business Days following the date of execution of this Agreement. The Borrower Representative xxxxxx accepts to act as agent of the Loan Parties. (c) 17.3. The authorizations contained in this Section 2.13 17 are coupled with an interest and shall be irrevocableare irrevocable until Payment in Full or a change pursuant to Section 17, and the Lenders Administrative Agent may rely on any notice, request, information supplied by the Borrower Representative, every document executed by the Borrower Representative, every agreement made by the Borrower Representative or other action taken by the Borrower Representative in respect of any Borrower or other Loan Party as if the same were supplied, made or taken by such that Borrower or such Loan Party. Without limiting the generality of the foregoing, the failure of one or more Borrowers or other Loan Parties to join in the execution of any writing in connection herewith shall with this Agreement will not relieve any Borrower or other Loan Party from obligations in respect of such that writing. (d) 17.4. No purported termination of or change in the appointment of the Borrower Representative as agent shall will be effective without the prior written consent of Administrative Agent. (e) Any notice given by or to the Borrower Representative hereunder shall constitute and be deemed to be notice given by or to all Borrowers, jointly and severally. Notice given by Administrative Agent to the Borrower Representative hereunder or pursuant to any other Loan Documents in accordance with the terms hereof or thereof shall constitute notice to all Borrowers. The knowledge of any Borrower shall be imputed to all Borrowers and any consent by the Borrower Representative or any Borrower shall constitute the consent of and shall bind all Borrowers. (f) The Borrower Representative hereby accepts the appointment by each Loan Party to act parties are signing this Credit Agreement as the agent of the Loan Parties pursuant to this Section 2.date stated in the introductory clause. BORROWERS: IT GLOBAL HOLDING LLC, a Delaware limited liability company By: Name: Title: 4TH SOURCE LLC, a Delaware limited liability company By: Name: Title: AGILETHOUGHT LLC, a Florida limited liability company By: Name: Title: AN EVOLUTION, S. DE X.X. DE C.V., a sociedad de responsabilidad limitada de capital variable incorporated under the laws of Mexico By: Name: Title:

Appointment of Borrower Representative. (a) 17.1 Each Borrower hereby irrevocably appoints and constitutes Holdings (in such capacity, the “Borrower Representative”) Representative as its agent to request and receive the proceeds of any Loan, Letter advances in respect of Credit or any other extension of credit hereunder the Loans (and to otherwise act on behalf of such Borrower pursuant to this Agreement and the other Loan Documents) from the Lenders in the name or on behalf of each such Borrower. The Lenders Administrative Agent may disburse such proceeds only to a the bank account of a Borrower Representative (or any other Borrower) without notice to any other Borrower or any other Loan Party. (b) 17.2 Each Loan Party Borrower hereby irrevocably appoints and constitutes the Borrower Representative as its agent to (i) receive statements of account and all other notices from Administrative Agent with respect to the Obligations or otherwise under or in connection with this Agreement and the other Loan Documents; , (ii) execute and deliver Borrowing Base Reports Compliance Certificates and all other notices, certificates and documents to be executed and/or delivered by any Loan Party Borrower under this Agreement or the other Loan Documents; and (iii) otherwise act on behalf of such Loan Party Borrower pursuant to this Agreement and the other Loan Documents. (c) 17.3 The authorizations contained in this Section 2.13 17 are coupled with an interest and shall be irrevocable, and the Lenders Administrative Agent may rely on any notice, request, information supplied by the Borrower Representative, every document executed by the Borrower Representative, every agreement made by the Borrower Representative or other action taken by the Borrower Representative in respect of any Borrower or other Loan Party as if the same were supplied, made or taken by such Borrower or such Loan Party. Without limiting the generality of the foregoing, the failure of one or more Borrowers or other Loan Parties Party to join in the execution of any writing in connection herewith shall not relieve any Borrower or other Loan Party from obligations in respect of such writing. (d) 17.4 No purported termination of the appointment of the Borrower Representative as agent shall be effective without the prior written consent of Administrative Agent. (e) Any notice given by or to the Borrower Representative hereunder shall constitute and be deemed . The parties hereto have caused this Agreement to be notice given duly executed and delivered by or to all Borrowers, jointly and severally. Notice given by Administrative Agent to the Borrower Representative hereunder or pursuant to any other Loan Documents in accordance with the terms hereof or thereof shall constitute notice to all Borrowers. The knowledge of any Borrower shall be imputed to all Borrowers and any consent by the Borrower Representative or any Borrower shall constitute the consent of and shall bind all Borrowers. (f) The Borrower Representative hereby accepts the appointment by each Loan Party to act their duly authorized officers as the agent of the Loan Parties pursuant to this Section 2date first set forth above. BORROWER: CYALUME TECHNOLOGIES HOLDINGS, INC., a Delaware corporation By: /s/ Mixxxxx Xxxxxxxx Mixxxxx Xxxxxxxx Chief Financial Officer, Treasurer and Secretary CYALUME TECHNOLOGIES, INC., a Delaware corporation By: /s/ Mixxxxx Xxxxxxxx Mixxxxx Xxxxxxxx Chief Financial Officer, Treasurer and Secretary CYALUME SPECIALTY PRODUCTS, INC., a Delaware corporation By: /s/ Mixxxxx Xxxxxxxx Mixxxxx Xxxxxxxx Chief Financial Officer, Treasurer and Secretary COMBAT TRAINING SOLUTIONS, INC., a Colorado corporation By: /s/ Mixxxxx Xxxxxxxx Mixxxxx Xxxxxxxx Chief Financial Officer, Treasurer and Secretary CYALUME REALTY, INC., a Delaware corporation By: /s/ Mixxxxx Xxxxxxxx Mixxxxx Xxxxxxxx Chief Financial Officer, Treasurer and Secretary BORROWER: CT SAS HOLDINGS, INC., a Delaware corporation By: /s/ Mixxxxx Xxxxxxxx Mixxxxx Xxxxxxxx Chief Financial Officer, Treasurer and Secretary

Appointment of Borrower Representative. (a) 17.1 Each Borrower Loan Party hereby irrevocably (until Payment in Full or a change pursuant to Section 17.4) appoints and constitutes Holdings (in such capacity, the “Borrower Representative”) Representative as its agent to request and receive the proceeds of any Loan, Letter advances in respect of Credit or any other extension of credit hereunder the Loans (and to otherwise act on behalf of such Borrower that Loan Party pursuant to this Agreement and the other Loan Documents) from the Lenders in the name or on behalf of each such Borrowerthat Loan Party. The Lenders Administrative Agent may disburse such those proceeds only to a the bank account of a Borrower Representative (or any other Borrower) without notice to any other Borrower or any other Loan Party. (b) 17.2 Each Loan Party hereby irrevocably (until Payment in Full or a change pursuant to Section 17.4) appoints and constitutes the Borrower Representative as its agent to (ia) receive statements of account and all other notices from Administrative Agent with respect to the Obligations or otherwise under or in connection with this Agreement and the other Loan Documents; , (iib) execute and deliver Borrowing Base Reports Compliance Certificates and all other notices, certificates and documents to be executed and/or delivered by any Loan Party under this Agreement or the other Loan Documents; and (iiic) otherwise act on behalf of such that Loan Party pursuant to this Agreement and the other Loan Documents. To such effect, AN Evolution and AN Extend shall each grant the Borrower Representative, an irrevocable power of attorney for lawsuits and collections and acts of administration, which shall be notarized and apostilled in Mexico. For the reason of granting Borrower Representative the power of attorney, it shall be considered that AN Evolution and AN Extend each irrevocable appoints the Borrower Representative as its agent in the terms abovementioned. Such power of attorney shall be delivered by each of AN Evolution and AN Extend to Monroe Capital within ten (10) Business Days following the date of execution of this Agreement. The Borrower Representative hereby accepts to act as agent of the Loan Parties. (c) 17.3 The authorizations contained in this Section 2.13 17 are coupled with an interest and shall be irrevocableare irrevocable until Payment in Full or a change pursuant to Section 17, and the Lenders Administrative Agent may rely on any notice, request, information supplied by the Borrower Representative, every document executed by the Borrower Representative, every agreement made by the Borrower Representative or other action taken by the Borrower Representative in respect of any Borrower or other Loan Party as if the same were supplied, made or taken by such that Borrower or such Loan Party. Without limiting the generality of the foregoing, the failure of one or more Borrowers or other Loan Parties to join in the execution of any writing in connection herewith shall with this Agreement will not relieve any Borrower or other Loan Party from obligations in respect of such that writing. (d) 17.4 No purported termination of or change in the appointment of the Borrower Representative as agent shall will be effective without the prior written consent of Administrative Agent. (e) Any notice given by or to the Borrower Representative hereunder shall constitute and be deemed to be notice given by or to all Borrowers, jointly and severally. Notice given by Administrative Agent to the Borrower Representative hereunder or pursuant to any other Loan Documents in accordance with the terms hereof or thereof shall constitute notice to all Borrowers. The knowledge of any Borrower shall be imputed to all Borrowers and any consent by the Borrower Representative or any Borrower shall constitute the consent of and shall bind all Borrowers. (f) The Borrower Representative hereby accepts the appointment by each Loan Party to act parties are signing this Credit Agreement as the agent of the Loan Parties pursuant to this Section 2.date stated in the introductory clause. BORROWERS: IT GLOBAL HOLDING LLC, a Delaware limited liability company By: /s/ Xxxxxx Senderos Xxxxxxxxx Name: Xxxxxx Senderos Xxxxxxxxx Title: President 4TH SOURCE LLC, a Delaware limited liability company By: /s/ Xxxxxx Senderos Xxxxxxxxx Name: Xxxxxx Senderos Xxxxxxxxx Title: President AGILETHOUGHT LLC, a Florida limited liability company By: /s/ Xxxxxx Senderos Xxxxxxxxx Name: Xxxxxx Senderos Xxxxxxxxx Title: Authorized Signatory AN EVOLUTION, S. DE R.I. DE C. V., a sociedad de responsabilidad limitada de capital variable incorporated under the laws of Mexico By: /s/ Xxxxxx Senderos Xxxxxxxxx Name: Xxxxxx Senderos Xxxxxxxxx Title: Attorney-in-fact