Common use of Authorization to Make Loans Clause in Contracts

Authorization to Make Loans. Agent and each Lender is authorized to make the Loans and provide the Letter of Credit Accommodations based upon telephonic or other instructions received from anyone purporting to be any of the persons listed on Schedule 6.6 hereto or such other persons as any Borrower or Guarantor may at any time and from time to time designate in writing to Agent or any Lender to be authorized to request Loans or Letter of Credit Accommodations or, at the discretion of Agent or any Lender, if such Loans are necessary to satisfy any Obligations. All requests for Loans or Letter of Credit Accommodations hereunder shall specify the date on which the requested advance is to be made or Letter of Credit Accommodations established (which day shall be a Business Day and, as to Loans, may be the same day as the date the request for such Loan is deemed to be received by Agent pursuant to the terms hereof) and the amount of the requested Loan. Requests received after 11:00 a.m. Dallas time on any day shall be deemed to have been made as of the opening of business on the immediately following Business Day. All Loans and Letter of Credit Accommodations under this Agreement shall be conclusively presumed to have been made to, and at the request of and for the benefit of, Borrowers when deposited to the credit of any Borrower (or PAI) or otherwise disbursed or established in accordance with the instructions of any Borrower (or PAI on its behalf) or in accordance with the terms and conditions of this Agreement. All Loans and Letter of Credit Accommodations provided to US Borrowers (or PAI on behalf of such Borrowers) shall be in or denominated in US Dollars and shall be disbursed only to bank accounts in the United States of America and all Loans or Letter of Credit Accommodations provided to Canadian Borrower (or PAI on behalf of Canadian Borrower) shall be in or denominated in either Canadian Dollars or US Dollars as Canadian Borrower (or PAI as agent on behalf of Canadian Borrower) may specify, except as Canadian Lender may other specifically agree in writing and shall be disbursed only to bank accounts in Canada.

Authorization to Make Loans. Administrative Agent and each Lender is Lenders are authorized to make the Loans (including Swing Line Loans) and provide the Letter of Credit Accommodations based upon telephonic or other written instructions received from anyone purporting to be the chief financial officer, vice president of finance, treasurer, assistant treasurer, director of finance, corporate treasurer, vice president of treasury and corporate development, or controller of Lead Borrower or other authorized person designated by any of the such persons listed on Schedule 6.6 hereto or such other persons as any Borrower or Guarantor may at any time and from time to time designate in writing to Administrative Agent (which may be delivered through Administrative Agent’s electronic platform or any Lender to be authorized to request Loans or Letter of Credit Accommodations portal) or, at the discretion of Agent or any LenderAdministrative Agent, if such Revolving Loans are necessary to satisfy any Obligations. All requests for Revolving Loans (including Swing Line Loans) or Letter of Credit Accommodations hereunder shall specify the date on which the requested advance is to be made or Letter of Credit Accommodations established (which day shall be a Business Day and, as to Loans, may be the same day as the date the request for such Loan is deemed to be received by Agent pursuant to the terms hereofDay) and the amount of the requested Loan. Requests received after 11:00 a.m. Dallas 12:00 p.m. Boston time on any day shall be deemed to have been made as of the opening of business on the immediately following Business Day. All Loans (including Swing Line Loans) and Letter of Credit Accommodations under this Agreement shall be conclusively presumed to have been made to, and at the request of and for the benefit of, Borrowers any Borrower or Guarantor when deposited to the credit of any Borrower (or PAI) Guarantor or otherwise disbursed or established in accordance with the instructions of any Borrower (or PAI on its behalf) Guarantor or in accordance with the terms and conditions of this Agreement. All requests for Loans and Letter of Credit Accommodations provided to US Borrowers (may be delivered through Administrative Agent’s electronic platform or PAI on behalf of such Borrowers) portal. All requests for Loans which are not made on-line via Administrative Agent’s electronic platform or portal shall be in or denominated in US Dollars subject to (and shall be disbursed only to bank accounts unless Administrative Agent elects otherwise in the United States exercise of America and all its sole discretion, such requested Loans or Letter shall not be made until the completion of) Administrative Agent’s authentication process (with results satisfactory to Administrative Agent) prior to the funding of Credit Accommodations provided to Canadian Borrower (or PAI on behalf of Canadian Borrower) shall be in or denominated in either Canadian Dollars or US Dollars as Canadian Borrower (or PAI as agent on behalf of Canadian Borrower) may specify, except as Canadian Lender may other specifically agree in writing and shall be disbursed only to bank accounts in Canadaany such Loan.

Authorization to Make Loans. (a) Agent and each Lender is Lenders are authorized to make the Loans and provide the Letter of Credit Accommodations based upon telephonic or other instructions received from anyone purporting to be any an officer of the persons listed on Schedule 6.6 hereto Borrower Agent or such other persons as any Borrower or Guarantor may at any time and from time to time designate in writing to Agent or any Lender to be other authorized to request Loans or Letter of Credit Accommodations person or, at the discretion of Agent or any LenderAgent, if such Loans are necessary to satisfy any Obligations. All requests for Loans or Letter of Credit Accommodations hereunder shall specify the date on which the requested advance is to be made or Letter of Credit Accommodations established (which day shall be a Business Day and, as to Loans, may be the same day as the date the request for such Loan is deemed to be received by Agent pursuant to the terms hereofDay) and the amount of the requested Loan. Requests received after 11:00 a.m. Dallas Miami time on any day shall be deemed to have been made as of the opening of business on the immediately following Business Day. All Loans and Letter of Credit Accommodations under this Agreement shall be conclusively presumed to have been made to, and at the request of and for the benefit of, Borrowers any Borrower or Guarantor when deposited to the credit of any Borrower (or PAI) Guarantor or otherwise disbursed or established in accordance with the instructions of any Borrower (or PAI on its behalf) Guarantor or in accordance with the terms and conditions of this Agreement. (b) Borrower Agent or any Borrower may from time to time request that proceeds of Loans be disbursed directly to the deposit accounts of any Guarantor. All Any such proceeds of Loans and Letter disbursed to PEI Licensing or Xxxxxxx Apparel, as the case may be, shall first be deemed payments by Borrowers to PEI Licensing or Xxxxxxx Apparel, as the case may be, in respect of Credit Accommodations provided to US Borrowers (or PAI on behalf the obligations of such Borrower to such persons in connection with the Intellectual Property owned by such persons licensed to Borrowers) shall be in or denominated in US Dollars . Agent and shall be disbursed only Lenders are authorized to bank accounts in so disburse proceeds of the United States Loans. Agent may from time to time, at its option, transfer such of America and all the Loans or Letter of Credit Accommodations provided to Canadian Borrower (or PAI on behalf Reserves related thereto) in the loan account of Canadian a Borrower to the loan account of the other Borrower) , so that any Loans or Letter of Credit Accommodations maintained in the loan account of the one Borrower in excess of the Borrowing Base of such Borrower shall be in deemed Loans or denominated in either Canadian Dollars or US Dollars as Canadian Borrower (or PAI as agent on behalf Letter of Canadian Credit Accommodations to the other Borrower) may specify, except as Canadian Lender may other specifically agree in writing and shall be disbursed only to bank accounts in Canada.

Authorization to Make Loans. (a) Agent and each Lender is authorized to make the Loans and provide the Letter of Credit Accommodations Accommodations, for the account and risk of Lenders, based upon telephonic or other instructions received from anyone purporting to be any of the persons listed on Schedule 6.6 6.7 hereto or such other persons as any Borrower or Guarantor may at any time and from time to time designate in writing to Agent or any Lender to be authorized to request Loans or Letter of Credit Accommodations or, at the discretion of Agent Agent, or any Lender, if such Loans are necessary to satisfy any Obligations. All requests for Loans or Letter of Credit Accommodations hereunder shall specify the date on which the requested advance is to be made or Letter of Credit Accommodations established (which day shall be a Business Day and, as to Loans, may be the same day as the date the request for such Loan is deemed to be received by Agent pursuant to the terms hereof) and the amount of the requested Loan. Requests received after 11:00 a.m. Dallas Chicago time on any day shall be deemed to have been made as of the opening of business on the immediately following Business Day. All Loans and Letter of Credit Accommodations under this Agreement shall be conclusively presumed to have been made to, and at the request of and for the benefit of, Borrowers any Borrower or Guarantor when deposited to the credit of any Borrower (or PAI) Guarantor or otherwise disbursed or established in accordance with the instructions of any Borrower (or PAI Huffy on its behalfbehalf of such Borrower) or in accordance with the terms and conditions of this Agreement. . (b) All Loans and Letter of Credit Accommodations provided to or for the benefit of a US Borrowers (or PAI on behalf of such Borrowers) Borrower shall be in or denominated in US Dollars and shall be disbursed only to bank accounts in the United States of America and all Loans or Letter of Credit Accommodations provided to Canadian Borrower (or PAI on behalf of Canadian Borrower) shall be in or denominated in either Canadian Dollars or US Dollars as Huffy or Canadian Borrower (or PAI as agent on behalf of Canadian Borrower) may specify, except as Canadian Lender may other otherwise specifically agree in writing writing, and shall be disbursed only to bank accounts in Canada. Set forth on Schedule 8.10 to the Information Certificates are the bank accounts of each Borrower used by such Borrower for making payments of its Indebtedness and other obligations to which, as of the date hereof, proceeds of Loans may be disbursed.

Authorization to Make Loans. Agent and each Lender is authorized to make the Loans and provide the Letter of Credit Accommodations based upon telephonic or other instructions received from anyone purporting to be any of the persons listed on Schedule 6.6 hereto or such other persons as any Borrower or Guarantor may at any time and from time to time designate in writing to Agent or any Lender to be authorized to request Loans or Letter of Credit Accommodations or, at the discretion of Agent or any Lender, if such Loans are necessary to satisfy any Obligations. The Agent and Lenders shall have no duty to verify the identity of any individual representing himself or herself as one of the officers authorized by any Borrower to make such requests on its behalf. The Agent and Lenders shall make Loans only by depositing funds into one or more deposit accounts that have been designated in writing by Administrative Borrower as operating accounts of one or more of Borrowers. All requests for Loans or Letter of Credit Accommodations hereunder shall specify the date on which the requested advance is to be made or Letter of Credit Accommodations established (which day shall be a Business Day and, as to Loans, may be the same day as the date the request for such Loan is deemed to be received by Agent pursuant to the terms hereof) and the amount of the requested Loan. Requests received after 11:00 10:30 a.m. Dallas Los Angeles time on any day shall be deemed to have been made as of the opening of business on the immediately following Business Day. All Loans and Letter of Credit Accommodations under this Agreement shall be conclusively presumed to have been made to, and at the request of and for the benefit of, Borrowers when deposited to the credit of any Borrower (or PAIAdministrative Borrower on its behalf) or otherwise disbursed or established in accordance with the instructions of any Borrower (or PAI Administrative Borrower on its behalf) or in accordance with the terms and conditions of this Agreement. All Loans and Letter of Credit Accommodations provided to US Borrowers (or PAI on behalf of such Borrowers) shall be in or denominated in US Dollars and shall be disbursed only to bank accounts in the United States of America and all Loans or Letter of Credit Accommodations provided to Canadian Borrower (or PAI on behalf of Canadian Borrower) shall be in or denominated in either Canadian Dollars or US Dollars as Canadian Borrower (or PAI as agent on behalf of Canadian Borrower) may specify, except as Canadian Lender may other specifically agree in writing and shall be disbursed only to bank accounts in Canada.

Authorization to Make Loans. Agent and each Lender is authorized to make the Loans and provide the Letter of Credit Accommodations based upon telephonic or other instructions received from anyone purporting to be any an officer of the persons listed on Schedule 6.6 hereto or such other persons as any Borrower or Guarantor may at any time and from time to time designate in writing to Agent or any Lender to be other authorized to request Loans or Letter of Credit Accommodations person or, at the discretion of Agent or any Lender, if such Loans are necessary to satisfy any Obligations. All requests for Loans or Loans, Letter of Credit Accommodations or advances under the Equipment Acquisition Facility hereunder shall specify the date on which the requested advance is to be made or Letter of Credit Accommodations established (which day shall be a Business Day and, as to Loans, may be the same day as the date the request for such Loan is deemed to be received by Agent pursuant to the terms hereofbusiness day) and the amount of the requested Loan. Lender is authorized to provide a Letter of Credit Accommodation based upon written instruction from Borrower specifying (i) the date on which the Letter of Credit Accommodation is to be established (which day shall be a business day), (ii) the face amount of the Letter of Credit Accommodation, (iii) the expiration date of the Letter of Credit Accommodation; (iv) the name and address of the beneficiary, (v) the verbatim text of the proposed Letter of Credit Accommodation or the proposed terms and conditions thereof, including a precise description of any documents and the verbatim text of any certificates to be presented by the beneficiary which, if presented by the beneficiary prior to the expiration date of the Letter of Credit Accommodation, would require Lender or the issuer of the Letter of Credit Accommodation to make payment under the Letter of Credit Accommodation, and (vi) such other documents and information as Lender or any issuer of the Letter of Credit Accommodation may reasonably require in connection with the issuance of such Letter of Credit Accommodation. Requests received after 11:00 10:30 a.m. Dallas Los Angeles time on any day shall be deemed to have been made as of the opening of business on the immediately following Business Daybusiness day. All Loans and Loans, Letter of Credit Accommodations and advances under the Equipment Acquisition Facility under this Agreement shall be conclusively presumed to have been made to, and at the request of and for the benefit of, Borrowers Borrower when deposited to the credit of any Borrower (or PAI) or otherwise disbursed or established in accordance with the instructions of any Borrower (or PAI on its behalf) or in accordance with the terms and conditions of this Agreement. All Loans Borrower agrees to establish and Letter maintain a single designated deposit account for the purpose of Credit Accommodations provided to US Borrowers (or PAI on behalf receiving the proceeds of such Borrowers) advances requested by Borrower and made by Lender hereunder. Unless otherwise agreed in writing by Lender and Borrower, any advances requested by Borrower and made by Lender shall be in or denominated in US Dollars and shall be disbursed only made to bank accounts in the United States of America and all Loans or Letter of Credit Accommodations provided to Canadian Borrower (or PAI on behalf of Canadian Borrower) shall be in or denominated in either Canadian Dollars or US Dollars as Canadian Borrower (or PAI as agent on behalf of Canadian Borrower) may specify, except as Canadian Lender may other specifically agree in writing and shall be disbursed only to bank accounts in Canadasuch designated deposit account."

Authorization to Make Loans. Agent and each Lender is are authorized to make the Loans and provide the Letter of Credit Accommodations based upon telephonic or other instructions received from anyone purporting to be any an officer of the persons listed on Schedule 6.6 hereto or such other persons as any a Borrower or Guarantor may at any time and from time to time designate in writing to Agent or any Lender to be other authorized to request Loans or Letter of Credit Accommodations person or, at the discretion of Agent or any Lender, if such Loans are necessary to satisfy any Obligations. All requests for Loans or Letter of Credit Accommodations hereunder shall specify the date on which the requested advance is to be made or Letter of Credit Accommodations established (which day shall be a Business Day and, as to Loans, may be the same day as the date the request for such Loan is deemed to be received by Agent pursuant to the terms hereofDay) and the amount of the requested Loan. Requests received after 11:00 a.m. Dallas Los Angeles time on any day shall be deemed to have been made as of the opening of business on the immediately following Business Day. All Loans and Letter of Credit Accommodations under this Agreement shall be conclusively presumed to have been made to, and at the request of and for the benefit of, Borrowers any Borrower when deposited to the credit of any Borrower (or PAIBorrower Agent on its behalf) or otherwise disbursed or established in accordance with the instructions of any Borrower (or PAI Borrower Agent on its behalf) or in accordance with the terms and conditions of this Agreement. All In the event that any Loans are requested during the existence of an Event of Default, as a condition to making such Loans (but in no way obligating Agent or any Lender to in fact make such Loans), Borrowers shall deliver to Agent a schedule of all proposed uses for such Loans, certified by an officer of each Borrower as being true, correct and Letter complete. Agent and the Lenders may, in their discretion, refuse the make any Loans the proceeds of Credit Accommodations provided which Agent believes will not be used for working capital purposes or will otherwise be used for any purpose not permitted under the terms of this Agreement. The fact that any Loans are made to US Borrowers during an Event of Default shall in no way be deemed a waiver or modification of any of the rights and remedies (including, without limitation, those set forth in Section 10.2(g) hereof) of Agent or PAI on behalf of such Borrowers) shall be any Lender set forth in this Loan Agreement or denominated in US Dollars and shall be disbursed only to bank accounts in the United States of America and all Loans or Letter of Credit Accommodations provided to Canadian Borrower (or PAI on behalf of Canadian Borrower) shall be in or denominated in either Canadian Dollars or US Dollars as Canadian Borrower (or PAI as agent on behalf of Canadian Borrower) may specify, except as Canadian Lender may other specifically agree in writing and shall be disbursed only to bank accounts in Canadaany Financing Agreement.