Borrower Representative. Each Loan Party hereby designates Parent Borrower as its representative and agent for all purposes under the Loan Documents, including requests for Advances and Letters of Credit, designation of interest rates, delivery or receipt of communications, preparation and delivery of Borrowing Base Certificates and financial reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with the Agent, any Issuing Bank or any Lender, and Parent Borrower hereby accepts such appointment. The Agent and the Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication delivered by Parent Borrower on behalf of any Loan Party. The Agent and the Lenders may give any notice or communication with a Loan Party hereunder to Parent Borrower on behalf of such Loan Party. Each of the Agent, the Issuing Banks and the Lenders shall have the right, in its discretion, to deal exclusively with Parent Borrower for any or all purposes under the Loan Documents. Each Loan Party agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by Parent Borrower shall be binding upon and enforceable against it.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Gap Inc), Intercreditor Agreement (Gap Inc), Revolving Credit Agreement (Gap Inc)
Borrower Representative. Each Loan Party hereby designates Parent Lead Borrower as its representative and agent for all purposes under the Loan Documents, including requests for Advances and Letters of Credit, designation of interest rates, delivery or receipt of communications, preparation and delivery of Borrowing Base Certificates and financial reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with the Agent, any Issuing Bank or any Lender, and Parent Lead Borrower hereby accepts such appointment. The Agent and the Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication delivered by Parent Lead Borrower on behalf of any Loan Party. The Agent and the Lenders may give any notice or communication with a Loan Party hereunder to Parent Lead Borrower on behalf of such Loan Party. Each of the Agent, the Issuing Banks and the Lenders shall have the right, in its discretion, to deal exclusively with Parent Lead Borrower for any or all purposes under the Loan Documents. Each Loan Party agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by Parent Lead Borrower shall be binding upon and enforceable against it.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Rayonier Advanced Materials Inc.), Revolving Credit Agreement (Rayonier Advanced Materials Inc.), Revolving Credit Agreement (Rayonier Advanced Materials Inc.)
Borrower Representative. Each Loan Party Borrower hereby designates Parent Borrower the Company as its representative and agent for all purposes under the Loan Credit Documents, including requests for Advances Revolving Loans and Letters of Credit, designation of interest rates, delivery or receipt of communications, preparation and delivery of Borrowing Base Certificates and financial reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Credit Documents (including in respect of compliance with covenants), and all other dealings with the Administrative Agent, any the Issuing Bank Banks or any Lender, and Parent Borrower . The Company hereby accepts such appointment. The Administrative Agent and the Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any Notice of Borrowing) delivered by Parent Borrower the Company on behalf of any Loan PartyBorrower. The Administrative Agent and the Lenders may give any notice or communication with a Loan Party Borrower hereunder to Parent Borrower the Company on behalf of such Loan PartyBorrower. Each of the Administrative Agent, the Issuing Banks and the Lenders shall have the right, in its discretion, to deal exclusively with Parent Borrower the Company for any or all purposes under the Loan Credit Documents. Each Loan Party Borrower agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by Parent the Lead Borrower shall be binding upon and enforceable against it.
Appears in 3 contracts
Samples: Restatement Agreement (SunOpta Inc.), Credit Agreement (SunOpta Inc.), Credit Agreement (SunOpta Inc.)
Borrower Representative. Each of the Loan Party Parties hereby designates Parent appoints Borrower Representative to act as its representative and exclusive agent for all purposes under the Loan Documents, including requests for Advances and Letters of Credit, designation of interest rates, delivery or receipt of communications, preparation and delivery of Borrowing Base Certificates and financial reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in including, without limitation, with respect to all matters related to the borrowing and repayment of compliance with covenantsany Loan), . Each Loan Party acknowledges and all other dealings with the Agent, any Issuing Bank or any Lender, and Parent agrees that (a) Borrower hereby accepts Representative may execute such appointment. The Agent and the Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication delivered by Parent Borrower documents on behalf of any Loan Party. The Agent Party as Borrower Representative deems appropriate in its sole discretion and each Loan Party shall be bound by and obligated by all of the Lenders may give terms of any such document executed by Borrower Representative on its behalf, (b) any notice or other communication with a Loan Party delivered hereunder to Parent Borrower Representative shall be deemed to have been delivered to each Loan Party, and (c) Agent and any Lender shall accept (and shall be permitted to rely on) any document or agreement executed by Borrower Representative on behalf of such Loan Party. Each Parties (or any of the Agent, the Issuing Banks and the Lenders shall have the right, in its discretion, to deal exclusively with Parent Borrower for any or all purposes under the Loan Documentsthem). Each Loan Party agrees that shall act through Borrower Representative for all purposes under this Agreement and the other Loan Documents. Notwithstanding anything contained herein to the contrary, to the extent any noticeprovision in this Agreement requires any Loan Party to interact in any manner with Agent or any Lender, election, communication, representation, agreement or undertaking made on its behalf by Parent such Loan Party shall do so through Borrower shall be binding upon and enforceable against itRepresentative.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (FiscalNote Holdings, Inc.), Credit and Guaranty Agreement (FiscalNote Holdings, Inc.)
Borrower Representative. Each Loan Party Borrower hereby designates Parent Borrower the Company as its representative and agent for all purposes under the Loan Credit Documents, including requests for Advances Revolving Loans and Letters of Credit, designation of interest rates, delivery or receipt of communications, preparation and delivery of Borrowing Base Certificates and financial reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Credit Documents (including in respect of compliance with covenants), and all other dealings with the Administrative Agent, any the Issuing Bank Banks or any Lender, and Parent Borrower . The Company hereby accepts such appointment. The Administrative Agent and the Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any Notice of Borrowing) delivered by Parent Borrower the Company on behalf of any Loan PartyBorrower. The Administrative Agent and the Lenders may give any notice or communication with a Loan Party Borrower hereunder to Parent Borrower the Company on behalf of such Loan PartyBorrower. Each of the Administrative Agent, the Issuing Banks and the Lenders shall have the right, in its discretion, to deal exclusively with Parent Borrower the Company for any or all purposes under the Loan Credit Documents. Each Loan Party Borrower agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by Parent Borrower the Company shall be binding upon and enforceable against it.
Appears in 2 contracts
Samples: Credit Agreement (SunOpta Inc.), Credit Agreement (SunOpta Inc.)
Borrower Representative. Each Loan Party Borrower hereby designates Parent Borrower the Company as its representative and agent for all purposes under the Loan Credit Documents, including requests for Advances Revolving Loans and Letters of Credit, designation of interest rates, delivery or receipt of communications, preparation and delivery of Borrowing Base Certificates and financial reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Credit Documents (including in respect of compliance with covenants), and all other dealings with the Administrative Agent, any the Issuing Bank Banks or any Lender, and Parent Borrower . The Company hereby accepts such appointment. The Administrative Agent and the Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any Notice of Borrowing) delivered by Parent Borrower the Company on behalf of any Loan PartyBorrower. The Administrative Agent and the Lenders may give any notice or communication with a Loan Party Borrower hereunder to Parent Borrower the Company on behalf of such Loan PartyBorrower. Each of the Administrative Agent, the Issuing Banks and the Lenders shall have the right, in its discretion, to deal exclusively with Parent Borrower the Company for any or all purposes under the Loan Credit Documents. Each Loan Party Borrower agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by Parent the Lead Borrower shall be binding upon and enforceable against it.
Appears in 2 contracts
Samples: Credit Agreement (SunOpta Inc.), Credit Agreement (SunOpta Inc.)
Borrower Representative. Each Loan Party Borrower hereby designates Parent Borrower the Company as its representative and agent for all purposes under the Loan Credit Documents, including requests for Advances Revolving Loans and Letters of Credit, designation of interest rates, delivery or receipt of communications, preparation and delivery of Borrowing Base Certificates and financial reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Credit Documents (including in respect of compliance with covenants), and all other dealings with the Administrative Agent, any the Issuing Bank Banks or any Lender, and Parent Borrower . The Company hereby accepts such appointment. The Administrative Agent and the Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication (including any Notice of Borrowing) delivered by Parent Borrower the Company on behalf of any Loan PartyBorrower. The Administrative Agent and the Lenders may give any notice or communication with a Loan Party Borrower hereunder to Parent Borrower the Company on behalf of such Loan PartyBorrower. Each of the Administrative Agent, the Issuing Banks and the Lenders shall have the right, in its discretion, to deal exclusively with Parent Borrower the Company for any or all purposes under the Loan Credit Documents. Each Loan Party Borrower agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by Parent Borrower the Lead BorrowerCompany shall be binding upon and enforceable against it.
Appears in 1 contract
Borrower Representative. Each Loan Party hereby designates Parent Borrower as its representative and agent for all purposes under the Loan Documents, including requests for Advances and Letters of Credit, designation of interest rates, delivery or receipt of communications, preparation and delivery of Borrowing Base Certificates and financial reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with the Agent, any Issuing Bank or any Lender, and Parent Borrower hereby accepts such appointment. The German Borrower exempts the Parent Borrower or all purposes under the Loan Documents from the restrictions of multiple representations pursuant to Section 181 of the German Civil Code. The Agent and the Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication delivered by Parent Borrower on behalf of any Loan Party. The Agent and the Lenders may give any notice or communication with a Loan Party hereunder to Parent Borrower on behalf of such Loan Party. Each of the Agent, the Issuing Banks and the Lenders shall have the right, in its discretion, to deal exclusively with Parent Borrower for any or all purposes under the Loan Documents. Each Loan Party agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by Parent Borrower shall be binding upon and enforceable against it.
Appears in 1 contract
Borrower Representative. Each Loan Party hereby designates Parent Borrower as its representative and agent for all purposes under the Loan Documents, including requests for Advances Loans and Letters of Credit, designation of interest rates, delivery or receipt of communications, preparation and delivery of Borrowing Base Certificates financial statements and financial reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with the Administrative Agent, any Issuing Bank or any Lender, and Parent Borrower hereby accepts such appointment. The German Borrower exempts the Parent Borrower for all purposes under the Loan Documents from the restrictions of multiple representations pursuant to Section 181 of the German Civil Code. The Administrative Agent and the Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication delivered by Parent Borrower on behalf of any Loan Party. The Administrative Agent and the Lenders may give any notice or communication with a Loan Party hereunder to Parent Borrower on behalf of such Loan Party. Each of the Administrative Agent, the Issuing Banks and the Lenders shall have the right, in its discretion, to deal exclusively with Parent Borrower for any or all purposes under the Loan Documents. Each Loan Party agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by Parent Borrower shall be binding upon and enforceable against it.
Appears in 1 contract
Samples: Revolving Credit and Guaranty Agreement (Varex Imaging Corp)
Borrower Representative. Each Loan Party hereby designates Parent Borrower as its representative and agent for all purposes under the Loan Documents, including requests for Advances and Letters of Credit, designation of interest rates, delivery or receipt of communications, preparation and delivery of Borrowing Base Certificates and financial reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with the Agent, any Issuing Bank or any Lender, and Parent Borrower hereby accepts such appointment. The Agent and the Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication delivered by Parent Borrower on behalf of any Loan Party. The Agent and the Lenders may give any notice or communication with a Loan Party hereunder to Parent Borrower on behalf of such Loan Party. Each of the Agent, the Issuing Banks and the Lenders shall have the right, in its discretion, to deal exclusively with Parent Borrower for any or all purposes under the Loan Documents. Each Loan Party agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by Parent Borrower shall be binding upon and enforceable against it.deal
Appears in 1 contract
Samples: Revolving Credit Agreement (Gap Inc)
Borrower Representative. Each Loan Party hereby designates Parent Borrower as its representative and agent for all purposes under the Loan Documents, including requests for Advances and Letters of Credit, designation of interest rates, delivery or receipt of communications, preparation and delivery of Borrowing Base Certificates and financial reports, receipt and payment of Obligations, requests for waivers, amendments or other accommodations, actions under the Loan Documents (including in respect of compliance with covenants), and all other dealings with the Agent, any Issuing Bank or any Lender, and Parent Borrower hereby 77 accepts such appointment. The Agent and the Lenders shall be entitled to rely upon, and shall be fully protected in relying upon, any notice or communication delivered by Parent Borrower on behalf of any Loan Party. The Agent and the Lenders may give any notice or communication with a Loan Party hereunder to Parent Borrower on behalf of such Loan Party. Each of the Agent, the Issuing Banks and the Lenders shall have the right, in its discretion, to deal exclusively with Parent Borrower for any or all purposes under the Loan Documents. Each Loan Party agrees that any notice, election, communication, representation, agreement or undertaking made on its behalf by Parent Borrower shall be binding upon and enforceable against it.
Appears in 1 contract
Samples: Intercreditor Agreement (Gap Inc)