Authorized Company Representative. The Company shall appoint an Authorized Company Representative (who, until another person or officer is designated, shall be the Treasurer of the Company) for the purpose of acting on behalf of the Company and taking all actions and making all certifications required to be taken and made by an Authorized Company Representative under the provisions of this Agreement and the Indenture, and shall appoint alternate Authorized Company Representatives to take any such action or make any such certification if the same is not taken or made by the Authorized Company Representative. In the event any of said persons, or any successor appointed pursuant to the provisions of this Section, should resign or become unavailable or unable to take any action or make any certificate provided for in this Agreement or the Indenture, another Authorized Company Representative or alternate Authorized Company Representative shall thereupon be appointed by the Company. If the Company fails to make such designation within 10 days following the date when the then incumbent resigns or becomes unavailable or unable to take any of the said actions, the Treasurer of the Company shall serve as the Authorized Company Representative. Whenever under the provisions of this Agreement or the Indenture the approval of the Company is required or the Issuer is required to take some action at the request of the Company, such approval or such request shall be made by the Authorized Company Representative or alternate Authorized Company Representative unless otherwise specified in this Agreement or the Indenture, and the Issuer or the Trustee shall be authorized to act on any such approval or request.
Appears in 1 contract
Samples: Loan Agreement (Green Plains Renewable Energy, Inc.)
Authorized Company Representative. The Prior to the initial sale of the Bonds, the Company shall appoint an Authorized Company Representative (who, until another person or officer is designated, shall be the Treasurer of the Company) for the purpose of acting on behalf of the Company and taking all actions and making all certifications certificates required to be taken and made by an the Authorized Company Representative under the provisions of this Agreement and Agreement, and, if such Authorized Company Representative is not the IndentureManager, and shall appoint alternate Authorized Company Representatives to take any such action or make any such certification certificate if the same is not taken or made by the Authorized Company RepresentativeManager. In the event any of said persons, or any successor appointed pursuant to the provisions of this Section, should resign or become unavailable or unable to take any action or make any certificate provided for in this Agreement or the IndentureAgreement, another Authorized Company Representative or alternate Authorized Company Representative shall thereupon be appointed by the Company. If the Company fails to make such designation within 10 ten days following the date when the then incumbent resigns or becomes unavailable or unable to take any of the said actions, the Treasurer of the Company Corporation shall serve as the Authorized Company Representative. Whenever under the provisions of this Agreement Agreement, the Mortgage or the Indenture Collateral Assignment the approval of the Company is required or the Issuer is required to take some action at the request of the Company, such approval or such request shall be made by the Authorized Company Representative or alternate Authorized Company Representative unless otherwise specified in this Agreement or the Indenture, and the Issuer or the Trustee shall be authorized to act on any such approval or requestrequest and the Company shall have no complaint against the Issuer or the Trustee as a result of any such action taken.
Appears in 1 contract
Samples: Loan Agreement (Intrepid Technology & Resources, Inc.)
Authorized Company Representative. The Company shall appoint an Authorized Company Representative (who, until another person or officer is designated, shall be the Vice President and Treasurer of the Company) for the purpose of acting on behalf of the Company and taking all actions and making all certifications required to be taken and made by an Authorized Company Representative under the provisions of this Loan Agreement and the Indenture, and shall appoint alternate Authorized Company Representatives to take any such action or make any such certification if the same is not taken or made by the Authorized Company Representative. In the event any of said persons, or any successor appointed pursuant to the provisions of this SectionSection 3.05, should resign or become unavailable or unable to take any action or make any certificate provided for in this Loan Agreement or the Indenture, another Authorized Company Representative or alternate Authorized Company Representative shall thereupon be appointed by the Company. If the Company fails to make such designation within 10 days following the date when the then incumbent resigns or becomes unavailable or unable to take any of the said actions, the Treasurer Chief Financial Officer of the Company shall serve as the Authorized Company Representative. Whenever under the provisions of this Loan Agreement or the Indenture the approval of the Company is required or the Issuer is required to take some action at the request of the Company, such approval or such request shall be made by the Authorized Company Representative or alternate Authorized Company Representative unless otherwise specified in this Loan Agreement or the Indenture, and the Issuer or the Trustee shall be authorized to act on any such approval or request.
Appears in 1 contract
Authorized Company Representative. The Company shall appoint an Authorized Company Representative (who, until another person or officer is designated, shall be the Vice President and Treasurer of the Company) for the purpose of acting on behalf of the Company and taking all actions and making all certifications required to be taken and made by an Authorized Company Representative under the provisions of this Loan Agreement and the Indenture, and shall appoint alternate Authorized Company Representatives to take any such action or make any such certification if the same is not taken or made by the Authorized Company Representative. In the event any of said persons, or any successor appointed pursuant to the provisions of this SectionSection 3.05, should resign or become unavailable or unable to take any action or make any certificate provided for in this Loan Agreement or the Indenture, another Authorized Company Representative or alternate Authorized Company Representative shall thereupon be appointed by the Company. If the Company fails to make such designation within 10 days following the date when the then incumbent resigns or becomes unavailable or unable to take any of the said actions, the Treasurer Chief Financial Officer of the Company shall serve as the Authorized Company Representative. Whenever under the provisions of this Loan Agreement or the Indenture the approval of the Company is required or the Issuer Authority is required to take some action at the request of the Company, such approval or such request shall be made by the Authorized Company Representative or alternate Authorized Company Representative unless otherwise specified in this Loan Agreement or the Indenture, and the Issuer Authority or the Trustee shall be authorized to act on any such approval or request.
Appears in 1 contract