Common use of Appointment of Borrower Representative Clause in Contracts

Appointment of Borrower Representative. Each of Mutual Central and any other Borrowing Subsidiary from time to time party hereto hereby designates Guardian as its representative and agent on its behalf for the purposes of requesting advances, giving instructions with respect to the disbursement of the proceeds of the Loans, executing and delivering Borrowing Base Certificates, LIBOR 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 Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under the Loan Documents. Guardian hereby accepts such appointment. Lender may regard any notice or 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 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.

Appointment of Borrower Representative. Each of Mutual Central and any other Borrowing Subsidiary from time to time party hereto Borrower hereby designates Guardian Xxxxxxxx as its representative and agent on its behalf for the purposes of requesting advancesissuing notices hereunder, giving instructions with respect to the disbursement of the proceeds of the Loans, executing and delivering Borrowing Base Certificatesselecting interest rate options, LIBOR Loan requests, Compliance Certificates and other reports and certificates required to be delivered hereunderrequesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan Documents. Guardian The Borrower Representative hereby accepts such appointment. The Administrative Agent and each Lender may regard any notice or other communication pursuant to any 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.

Appointment of Borrower Representative. Each of Mutual Central and any other Borrowing Subsidiary from time to time party hereto Borrower hereby designates Guardian Holding Co. as its representative and agent on its behalf for the purposes of requesting advancesissuing Notices of Borrowing and Notices of Conversion/Continuation, giving instructions with respect to the disbursement of the proceeds of the Loans, executing selecting interest rate options, requesting Letters of Credit and delivering Borrowing Base Certificates, LIBOR Loan requests, Compliance Certificates and other reports and certificates required to be delivered hereunderBankers Acceptances, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under the Loan Documents. Guardian Borrower Representative hereby accepts such appointment. Lender Agent and each Bank may regard any notice or 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 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.

Appointment of Borrower Representative. Each of Mutual Central and any other Borrowing Subsidiary from time to time party hereto -------------------------------------- Borrower hereby designates Guardian Holdings as its representative and agent on its behalf ("Borrower Representative") for the purposes of requesting advances, giving instructions with respect to the disbursement of the proceeds of the Loans, executing and delivering Borrowing Base Certificates, LIBOR Loan initiating borrowing requests, Compliance Certificates requesting Lender Letters of Credit or Risk Participation Agreements, selecting interest rate options 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 Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under the Loan Documents. Guardian hereby accepts such appointmentAny action by the Borrower Representative in its Borrower Representative capacity hereunder shall be made by the chairman of the board of directors, chief executive officer or chief financial officer of Holdings. Agent and each Lender may regard any notice or 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 hereby covenants and agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made in its name or on its behalf by 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.

Appointment of Borrower Representative. Each of Mutual Central and any other Borrowing Subsidiary from time to time party hereto Borrower hereby designates Guardian the Company as its representative and agent on its behalf (the "Borrower Representative") for the purposes of requesting advances, giving instructions with respect to the disbursement of the proceeds of the Loans, executing and delivering Borrowing Base Certificatesselecting interest rate options, LIBOR Loan requests, Compliance Certificates and other reports and certificates required to be delivered hereunderrequesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents Financing Agreements and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under the Loan DocumentsFinancing Agreements. Guardian Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document Financing Agreement 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 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.

Appointment of Borrower Representative. Each of Mutual Central and any other Borrowing Subsidiary from time to time party hereto Borrower hereby designates Guardian the Investment Manager as its representative and agent on its behalf for the purposes of requesting advancesissuing Requests for Borrowing and Rollover/Conversion Notices, giving instructions with respect to the disbursement of the proceeds of the Loans, executing and delivering Borrowing Base Certificatesselecting interest rate options, LIBOR Loan requests, Compliance Certificates and other reports and certificates required to be delivered hereunderrequesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under the Loan Documents. Guardian hereby accepts such appointment. Administrative Agent and each Lender may regard any notice or 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 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.

Appointment of Borrower Representative. Each of Mutual Central and any other Borrowing Subsidiary from time to time party hereto Borrower hereby designates Guardian Xxxxxxxx as its representative and agent on its behalf for the purposes of requesting advancesissuing notices hereunder, giving instructions with respect to the disbursement of the proceeds of the Loans, executing and delivering Borrowing Base Certificatesselecting interest rate options, LIBOR Loan requests, Compliance Certificates and other reports and certificates required to be delivered hereunderrequesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan Documents. Guardian The Borrower Representative hereby accepts such appointment. Lender The Agent and each Bank may regard any notice or other communication pursuant to any 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.

Appointment of Borrower Representative. Each of Mutual Central and any other Borrowing Subsidiary from time to time party hereto Borrower hereby designates Guardian Clarient as its representative and agent on its behalf for the purposes of requesting advancesissuing Advances and Borrowing Base Certificates, giving instructions with respect to the disbursement of the proceeds of the Loans, executing and delivering Borrowing Base Certificates, LIBOR Loan requests, Compliance Certificates and other reports and certificates required to be delivered hereunderselecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under the Loan Documents. Guardian Borrower Representative hereby accepts such appointment. Lender may regard any notice or other communication pursuant to any Loan Document from Borrower Representative as a notice or of 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 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.