Common use of Borrower Agency Provisions Clause in Contracts

Borrower Agency Provisions. (a) In the event an Additional Borrower becomes a party to this Agreement, each Borrower shall irrevocably designate the Borrower Agent to be its agent and in such capacity to receive on behalf of the Borrower all proceeds, receive all notices on behalf of Borrower under this Agreement, make all requests under this Agreement, and execute, deliver and receive all instruments, certificates, requests, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower, and hereby authorizes the Lender to pay over all loan proceeds hereunder in accordance with the request of the Borrower Agent. Each Borrower hereby acknowledges that all notices required to be delivered by Lender to any Borrower shall be delivered to the Borrower Agent and thereby shall be deemed to have been received by such Borrower. (b) The handling of this credit facility as a co-borrowing facility with a Borrower Agent in the manner set forth in this Agreement is solely as an accommodation to each of Borrower and Guarantor and is at their mutual request. Lender shall not incur liability to Borrower or Guarantor as a result thereof. To induce Lender to do so and in consideration thereof, each Borrower hereby indemnifies the Lender and holds Lender harmless from and against any and all liabilities, expenses, losses, damages and claims of damage or injury asserted against Lender by any Person arising from or incurred by reason of the Borrower Agent handling of the financing arrangements of Borrower as provided herein, reliance by Lender on any request or instruction from Borrower Agent or any other action taken by the Lender with respect to this Section 14.03 except due to willful misconduct or gross negligence of the indemnified party.

Borrower Agency Provisions. (a) In the event an Additional Borrower becomes a party to this Agreement, each Each Borrower shall irrevocably designate the Borrower Agent to be its agent and in such capacity to receive on behalf of the Borrower all proceeds, receive all notices on behalf of Borrower under this Master Agreement, make all requests under this Master Agreement, and execute, deliver deliver, and receive all instruments, certificates, requests, documents, writings amendments, writings, and further assurances now or hereafter required hereunder, on behalf of such Borrower, and hereby authorizes the Lender to pay over all loan proceeds hereunder in accordance with the request of the Borrower Agent. Each Borrower hereby acknowledges that all notices required to be delivered by Lender to any Borrower shall be delivered to the Borrower Agent and thereby shall be deemed to have been received by such Borrower. (b) The handling of this credit facility Master Agreement as a co-borrowing facility with a Borrower Agent in the manner set forth in this Master Agreement is solely as an accommodation to each of Borrower and Guarantor and is at their mutual request. Lender shall not incur liability to Borrower or Guarantor as a result thereof. To induce Lender to do so and in consideration thereof, each Borrower hereby indemnifies the Lender and holds Lender harmless from and against any and all liabilities, expenses, losses, damages damages, and claims of damage or injury asserted against Lender by any Person arising from or incurred by reason of the Borrower Agent handling of the financing arrangements of Borrower as provided herein, reliance by Lender on any request or instruction from Borrower Agent or any other action taken by the Lender with respect to this Section 14.03 3.05 (Borrower Agency Provisions) except due to willful misconduct or gross negligence of the indemnified partyparty as determined by a court of competent jurisdiction pursuant to a final, non-appealable court order.

Borrower Agency Provisions. (a) In the event an Each Borrower, IDOT Guarantor, Additional Borrower becomes a party to this Agreement, each and Additional IDOT Guarantor hereby irrevocably designates ASOT as the borrower agent (the “Borrower shall irrevocably designate the Borrower Agent Agent”) to be its agent and in such capacity to receive on behalf of the Borrower or IDOT Guarantor all proceeds, receive all notices on behalf of Borrower or IDOT Guarantor under this Agreement, make all requests Requests under this Agreement, and execute, deliver and receive all instruments, certificates, requestsRequests, documents, amendments, writings and further assurances now or hereafter required hereunder, on behalf of such BorrowerBorrower or IDOT Guarantor, and hereby authorizes the Lender to pay over all loan proceeds hereunder in accordance with the request direction of the Borrower Agent. Each Borrower and IDOT Guarantor hereby acknowledges that all notices required to be delivered by Lender to any Borrower or IDOT Guarantor shall be delivered to the Borrower Agent and thereby shall be deemed to have been received by such BorrowerBorrower or IDOT Guarantor. (b) The handling of this credit facility as a co-borrowing facility with a Borrower Agent in the manner set forth in this Agreement is solely as an accommodation to each of Borrower and IDOT Guarantor and is at their mutual request. Lender shall not incur liability to Borrower or IDOT Guarantor as a result thereof. To induce Lender to do so and in consideration thereof, each Borrower and IDOT Guarantor hereby indemnifies the Lender and holds Lender harmless from and against any and all liabilities, expenses, losses, damages and claims of damage or injury asserted against Lender by any Person arising from or incurred by reason of the Borrower Agent handling of the financing arrangements of Borrower or IDOT Guarantor as provided herein, reliance by Lender on any request or instruction from Borrower Agent or any other action taken by the Lender with respect to this Section 14.03 12.03 except due to willful misconduct or gross negligence of the indemnified party.

Borrower Agency Provisions. (a) In the event an Each Borrower and Additional Borrower becomes a party to this Agreement, each hereby irrevocably designates EQR as the borrower agent (the “Borrower shall irrevocably designate the Borrower Agent Agent”) to be its agent and in such capacity to receive on behalf of the Borrower all proceeds, receive all notices on behalf of Borrower under this Agreement, make all requests Requests under this Agreement, and execute, deliver and receive all instruments, certificates, requestsRequests, documents, amendments, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower, and hereby authorizes the Lender Fannie Mae to pay over all loan proceeds hereunder in accordance with the request direction of the Borrower Agent. Each Borrower hereby acknowledges that all notices required to be delivered by Lender Fannie Mae to any Borrower shall be delivered to the Borrower Agent and thereby shall be deemed to have been received by such Borrower. (b) The handling of this credit facility as a co-borrowing facility with a Borrower Agent in the manner set forth in this Agreement is solely as an accommodation to each of Borrower and Guarantor and is at their mutual request. Lender Fannie Mae shall not incur liability to Borrower or Guarantor as a result thereof. To induce Lender Fannie Mae to do so and in consideration thereof, each Borrower hereby indemnifies the Lender Fannie Mae and holds Lender Fannie Mae harmless from and against any and all liabilities, expenses, losses, damages and claims of damage or injury asserted against Lender Fannie Mae by any Person arising from or incurred by reason of the Borrower Agent handling of the financing arrangements of Borrower as provided herein, reliance by Lender Fannie Mae on any request or instruction from Borrower Agent or any other action taken by the Lender Fannie Mae with respect to this Section 14.03 12.03 except due to willful misconduct or gross negligence of the indemnified party.

Borrower Agency Provisions. (a) In the event an Each Borrower and Additional Borrower becomes a party to this Agreement, each hereby irrevocably designates AvalonBay as the borrower agent (the “Borrower shall irrevocably designate the Borrower Agent Agent”) to be its agent and in such capacity to receive on behalf of the Borrower all proceeds, receive all notices on behalf of Borrower under this Agreement, make all requests Requests under this Agreement, and execute, deliver and receive all instruments, certificates, requestsRequests, documents, amendments, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower, and hereby authorizes the Lender Fannie Mae to pay over all loan proceeds hereunder in accordance with the request direction of the Borrower Agent. Each Borrower hereby acknowledges that all notices required to be delivered by Lender Fannie Mae to any Borrower shall be delivered to the Borrower Agent and thereby shall be deemed to have been received by such Borrower. (b) The handling of this credit facility as a co-borrowing facility with a Borrower Agent in the manner set forth in this Agreement is solely as an accommodation to each of Borrower and Guarantor and is at their mutual request. Lender Fannie Mae shall not incur liability to Borrower or Guarantor as a result thereof. To induce Lender Fannie Mae to do so and in consideration thereof, each Borrower hereby indemnifies the Lender Fannie Mae and holds Lender Fannie Mae harmless from and against any and all liabilities, expenses, losses, damages and claims of damage or injury asserted against Lender Fannie Mae by any Person arising from or incurred by reason of the Borrower Agent handling of the financing arrangements of Borrower as provided herein, reliance by Lender Fannie Mae on any request or instruction from Borrower Agent or any other action taken by the Lender Fannie Mae with respect to this Section 14.03 12.03 except due to willful misconduct or gross negligence of the indemnified party.

Borrower Agency Provisions. (a) In the event an Each Borrower and Additional Borrower becomes a party to this Agreement, each hereby irrevocably designates CMF 7 Portfolio LLC as the borrower agent (the “Borrower shall irrevocably designate the Borrower Agent Agent”) to be its agent and in such capacity to receive on behalf of the Borrower all proceeds, receive all notices on behalf of Borrower under this Agreement, make all requests under this Agreement, and execute, deliver and receive all instruments, certificates, requests, documents, amendments, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower, and hereby authorizes the Lender to pay over all loan proceeds hereunder in accordance with the request direction of the Borrower Agent. Each Borrower hereby acknowledges that all notices required to be delivered by Lender to any Borrower shall be delivered to the Borrower Agent and thereby shall be deemed to have been received by such Borrower. (b) The handling of this credit facility Credit Facility as a co-borrowing facility with a Borrower Agent in the manner set forth in this Agreement is solely as an accommodation to each of Borrower and Guarantor and is at their mutual request. Lender shall not incur liability to Borrower or Guarantor as a result thereof. To induce Lender to do so and in consideration thereof, each Borrower hereby indemnifies the Lender and holds Lender harmless from and against any and all liabilities, expenses, losses, damages and claims of damage or injury asserted against Lender by any Person arising from or incurred by reason of the Borrower Agent handling of the financing arrangements of Borrower as provided herein, reliance by Lender on any request or instruction from Borrower Agent or any other action taken by the Lender with respect to this Section 14.03 except due to willful misconduct or gross negligence of the indemnified party.

Borrower Agency Provisions. (a) In the event an Each Borrower and Additional Borrower becomes hereby irrevocably designates PROPCO LLC, a party to this AgreementDelaware limited liability company, each as the borrower agent (the “Borrower shall irrevocably designate the Borrower Agent Agent”) to be its agent and in such capacity to receive on behalf of the Borrower all proceeds, receive all notices on behalf of Borrower under this Agreement, make all requests under this Agreement, and execute, deliver and receive all instruments, certificates, requests, documents, amendments, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower, and hereby authorizes the Lender to pay over all loan proceeds hereunder in accordance with the request direction of the Borrower Agent. Each Borrower hereby acknowledges that all notices required to be delivered by Lender to any Borrower shall be delivered to the Borrower Agent and thereby shall be deemed to have been received by such Borrower. (b) The handling of this credit facility Credit Facility as a co-borrowing facility with a Borrower Agent in the manner set forth in this Agreement is solely as an accommodation to each of Borrower and Guarantor and is at their mutual request. Lender shall not incur liability to Borrower or Guarantor as a result thereof. To induce Lender to do so and in consideration thereof, each Borrower hereby indemnifies the Lender and holds Lender harmless from and against any and all liabilities, expenses, losses, damages and claims of damage or injury asserted against Lender by any Person arising from or incurred by reason of the Borrower Agent handling of the financing arrangements of Borrower as provided herein, reliance by Lender on any request or instruction from Borrower Agent or any other action taken by the Lender with respect to this Section 14.03 except due to willful misconduct or gross negligence of the indemnified party.

Borrower Agency Provisions. (a) In the event an Additional Borrower becomes a party to this Agreement, each Borrower shall irrevocably designate the Borrower Agent to be its agent and in such capacity to receive on behalf of the Borrower all proceeds, receive all notices on behalf of Borrower under this Agreement, make all requests under this Agreement, and execute, deliver and receive all instruments, certificates, requests, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower, and hereby authorizes the Lender to pay over all loan proceeds hereunder in accordance with the request of the Borrower Agent. Each Borrower hereby acknowledges that all notices required to be delivered by Lender to any Borrower shall be delivered to the Borrower Agent and thereby shall be deemed to have been received by such Borrower. (b) The handling of this credit facility Term Loan as a co-borrowing facility loan with a Borrower Agent in the manner set forth in this Agreement is solely as an accommodation to each of Borrower and Guarantor and is at their mutual request. Lender shall not incur liability to Borrower or Guarantor as a result thereof. To induce Lender to do so and in consideration thereof, each Borrower hereby indemnifies the Lender and holds Lender harmless from and against any and all liabilities, expenses, losses, damages and claims of damage or injury asserted against Lender by any Person arising from or incurred by reason of the Borrower Agent handling of the financing arrangements of Borrower as provided herein, reliance by Lender on any request or instruction from Borrower Agent or any other action taken by the Lender with respect to this Section 14.03 except due to willful misconduct or gross negligence of the indemnified party.

Borrower Agency Provisions. (a) In the event an Each Borrower and Additional Borrower becomes a party to this Agreement, each hereby irrevocably designates CMF 15 Portfolio LLC as the borrower agent (the “Borrower shall irrevocably designate the Borrower Agent Agent”) to be its agent and in such capacity to receive on behalf of the Borrower all proceeds, receive all notices on behalf of Borrower under this Agreement, make all requests Requests under this Agreement, and execute, deliver and receive all instruments, certificates, requestsRequests, documents, amendments, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower, and hereby authorizes the Lender to pay over all loan proceeds hereunder in accordance with the request direction of the Borrower Agent. Each Borrower hereby acknowledges that all notices required to be delivered by Lender to any Borrower shall be delivered to the Borrower Agent and thereby shall be deemed to have been received by such Borrower. (b) The handling of this credit facility Credit Facility as a co-borrowing facility with a Borrower Agent in the manner set forth in this Agreement is solely as an accommodation to each of Borrower and Guarantor and is at their mutual request. Lender shall not incur liability to Borrower or Guarantor as a result thereof. To induce Lender to do so and in consideration thereof, each Borrower hereby indemnifies the Lender and holds Lender harmless from and against any and all liabilities, expenses, losses, damages and claims of damage or injury asserted against Lender by any Person arising from or incurred by reason of the Borrower Agent handling of the financing arrangements of Borrower as provided herein, reliance by Lender on any request or instruction from Borrower Agent or any other action taken by the Lender with respect to this Section 14.03 except due to willful misconduct or gross negligence of the indemnified party.. Colonial/PNC ARCS — Master Credit Facility Agreement

Borrower Agency Provisions. (a) In the event an Each Borrower, IDOT Guarantor, Additional Borrower becomes a party to this Agreement, each and Additional IDOT Guarantor hereby irrevocably designates Archstone as the borrower agent (the “Borrower shall irrevocably designate the Borrower Agent Agent”) to be its agent and in such capacity to receive on behalf of the Borrower or IDOT Guarantor all proceeds, receive all notices on behalf of Borrower or IDOT Guarantor under this Agreement, make all requests Requests under this Agreement, and execute, deliver and receive all instruments, certificates, requestsRequests, documents, amendments, writings and further assurances now or hereafter required hereunder, on behalf of such BorrowerBorrower or IDOT Guarantor, and hereby authorizes the Lender to pay over all loan proceeds hereunder in accordance with the request direction of the Borrower Agent. Each Borrower and IDOT Guarantor hereby acknowledges that all notices required to be delivered by Lender to any Borrower or IDOT Guarantor shall be delivered to the Borrower Agent and thereby shall be deemed to have been received by such BorrowerBorrower or IDOT Guarantor. (b) The handling of this credit facility as a co-borrowing facility with a Borrower Agent in the manner set forth in this Agreement is solely as an accommodation to each of Borrower and IDOT Guarantor and is at their mutual request. Lender shall not incur liability to Borrower or IDOT Guarantor as a result thereof. To induce Lender to do so and in consideration thereof, each Borrower and IDOT Guarantor hereby indemnifies the Lender and holds Lender harmless from and against any and all liabilities, expenses, losses, damages and claims of damage or injury asserted against Lender by any Person arising from or incurred by reason of the Borrower Agent handling of the financing arrangements of Borrower or IDOT Guarantor as provided herein, reliance by Lender on any request or instruction from Borrower Agent or any other action taken by the Lender with respect to this Section 14.03 12.03 except due to willful misconduct or gross negligence of the indemnified party.

Borrower Agency Provisions. (a) In the event an Additional Each Borrower becomes a party to this Agreement, each Borrower shall hereby irrevocably designate designates the Borrower Agent to be its agent and in such capacity to receive on behalf of the Borrower all proceeds, receive all notices on behalf of Borrower under this Agreement, make all requests under this Agreement, and execute, deliver and receive all instruments, certificates, requests, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower, and hereby authorizes the Lender to pay over all loan proceeds hereunder in accordance with the request of the Borrower Agent. Each Borrower hereby acknowledges that all notices required to be delivered by Lender or Xxxxxx Mae to any Borrower shall be delivered to the Borrower Agent and thereby shall be deemed to have been received by such Borrower. (b) The handling of this credit facility as a co-borrowing facility with a Borrower Agent in the manner set forth in this Agreement is solely as an accommodation to each of Borrower and Guarantor and is at their mutual request. Lender and Xxxxxx Xxx shall not incur liability to Borrower or Guarantor as a result thereof. To induce Lender and Xxxxxx Mae to do so and in consideration thereof, each Borrower hereby indemnifies the Lender and Xxxxxx Xxx and holds Lender and Xxxxxx Mae harmless from and against any and all liabilities, expenses, losses, damages and claims of damage or injury asserted against Lender or Xxxxxx Xxx by any Person arising from or incurred by reason of the Borrower Agent handling of the financing arrangements of Borrower as provided herein, reliance by Lender or Xxxxxx Mae on any request or instruction from Borrower Agent or any other action taken by the Lender or Xxxxxx Xxx with respect to this Section 14.03 except due to willful misconduct or gross negligence of the indemnified party.

Borrower Agency Provisions. (a) In the event an Each Borrower and Additional Borrower becomes hereby irrevocably designates BRE PROPERTIES, INC., a party to this AgreementMaryland corporation, each as the borrower agent (the “Borrower shall irrevocably designate the Borrower Agent Agent”) to be its agent and in such capacity to receive on behalf of the Borrower all proceeds, receive all notices on behalf of Borrower under this Agreement, make all requests Requests under this Agreement, and execute, deliver and receive all instruments, certificates, requestsRequests, documents, amendments, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower, and hereby authorizes the Lender to pay over all loan proceeds hereunder in accordance with the request direction of the Borrower Agent. Each Borrower hereby acknowledges that all notices required to be delivered by Lender to any Borrower shall be delivered to the Borrower Agent and thereby shall be deemed to have been received by such Borrower. (b) The handling of this credit facility Credit Facility as a co-borrowing facility with a Borrower Agent in the manner set forth in this Agreement is solely as an accommodation to each of Borrower and Guarantor and is at their mutual request. Lender shall not incur liability to Borrower or Guarantor as a result thereof. To induce Lender to do so and in consideration thereof, each Borrower hereby indemnifies the Lender and holds Lender harmless from and against any and all liabilities, expenses, losses, damages and claims of damage or injury asserted against Lender by any Person arising from or incurred by reason of the Borrower Agent handling of the financing arrangements of Borrower as provided herein, reliance by Lender on any request or instruction from Borrower Agent or any other action taken by the Lender with respect to this Section 14.03 except due to willful misconduct or gross negligence of the indemnified party.

Borrower Agency Provisions. (a) In the event an Additional Borrower becomes a party to this Agreement, each Each Borrower shall irrevocably designate the Borrower Agent to be its agent and in such capacity to receive on behalf of the Borrower all proceeds, receive all notices on behalf of Borrower under this Agreement, make all requests under this Agreement, and execute, deliver and receive all instruments, certificates, requests, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower, and hereby authorizes the Lender to pay over all loan proceeds hereunder in accordance with the request of the Borrower Agent. Each Borrower hereby acknowledges that all notices required to be delivered by Lender to any Borrower shall be delivered to the Borrower Agent and thereby shall be deemed to have been received by such Borrower. (b) The handling of this credit facility as a co-borrowing facility with a Borrower Agent in the manner set forth in this Agreement is solely as an accommodation to each of Borrower and Guarantor Key Principal and is at their mutual request. Lender shall not incur liability to Borrower or Guarantor Key Principal as a result thereof. To induce Lender to do so and in consideration thereof, each Borrower hereby indemnifies the Lender and holds Lender harmless from and against any and all liabilities, expenses, losses, damages and claims of damage or injury asserted against Lender by any Person arising from or incurred by reason of the Borrower Agent handling of the financing arrangements of Borrower as provided herein, reliance by Lender on any request or instruction from Borrower Agent or any other action taken by the Lender with respect to this Section 14.03 except due to willful misconduct or gross negligence of the indemnified party.