Common use of Borrower Representative Clause in Contracts

Borrower Representative. Borrower hereby designates and appoints Parent as its representative and agent on its behalf (in such capacity, the “Borrower Representative”) for the purposes of delivering certificates, including Compliance Certificates, giving Notices of Borrowing and other instructions with respect to the disbursement of the proceeds of the Note, giving and receiving all other notices and consents hereunder or under any of the other Transaction Documents and taking all other actions (including in respect of compliance with covenants) on behalf of Borrower under the Transaction Documents. Borrower Representative hereby accepts such appointment. Agent and Lender may regard any notice or other communication pursuant to any Transaction Document from Borrower Representative as a notice or communication from Borrower. Each warranty, covenant, agreement and undertaking made on behalf of Borrower by Borrower Representative shall be deemed for all purposes to have been made by Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by Borrower. 15651.048 4835-8083-6858.11 21

Appears in 1 contract

Samples: Financing Agreement (Elevate Credit, Inc.)

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Borrower Representative. Each Borrower hereby designates and appoints Parent SVCMC as its representative and agent on its behalf (in such capacity, the “Borrower Representative”) for the purposes of issuing Notices of Borrowings, delivering certificates, certificates including Compliance Certificates, giving Notices of Borrowing and other instructions with respect to the disbursement of the proceeds of the NoteLoans, giving and receiving all other notices and consents hereunder or under any of the other Transaction Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under the Transaction Loan Documents. Borrower Representative hereby xxxxxx accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to any Transaction Loan Document from Borrower Representative as a notice or communication from Borrowerall Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower 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. 15651.048 4835-8083-6858.11 21.

Appears in 1 contract

Samples: Possession Credit Agreement

Borrower Representative. Each Borrower hereby designates and appoints Parent the Company as its representative and Borrower Representative. The Borrower Representative will be acting as agent on its each of the Borrowers behalf (in such capacity, the “Borrower Representative”) for the purposes of delivering certificates, including Compliance Certificates, giving Notices issuing notices of Borrowing and other notices of conversion/continuation of any Loans pursuant to Section 2.02 or similar notices, giving instructions with respect to the disbursement of the proceeds of the NoteLoans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices notices, consents and consents communications hereunder or under any of the other Transaction Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Transaction Loan Documents. The Borrower Representative hereby accepts such appointment. Agent Each Borrower agrees that each notice, election, communication, representation and Lender may regard any notice or other communication pursuant to any Transaction Document from Borrower Representative as a notice or communication from Borrower. Each warranty, covenant, agreement and undertaking made on its behalf of Borrower 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. 15651.048 4835-8083-6858.11 21.

Appears in 1 contract

Samples: Intercreditor Agreement (Tribune Publishing Co)

Borrower Representative. Each Borrower hereby designates and appoints Parent ICON as its representative and agent on its behalf (in such capacity, the “Borrower Representative”) . The Borrower Representative will act as agent on behalf of each Borrower for the purposes of delivering certificates, including Compliance Certificates, giving Notices issuing notices of Borrowing and other notices of conversion/continuation of any Loans pursuant to Section 2.03 or similar notices, giving instructions with respect to the disbursement of the proceeds of the NoteLoans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Transaction Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Transaction Loan Documents. The Borrower Representative hereby accepts such appointment. Agent Each Borrower agrees that each notice, election, representation and Lender may regard any notice or other communication pursuant to any Transaction Document from Borrower Representative as a notice or communication from Borrower. Each warranty, covenant, agreement and undertaking made on its behalf of Borrower 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. 15651.048 4835-8083-6858.11 21.

Appears in 1 contract

Samples: Credit Agreement (iFit Health & Fitness Inc)

Borrower Representative. Each Borrower hereby designates and appoints Parent Borrower Representative as its representative and agent on its behalf (in such capacity, the “Borrower Representative”) for the purposes of delivering certificates, including Compliance Certificatesissuing borrowing requests, giving Notices of Borrowing and other instructions with respect to the disbursement of the proceeds of the NoteLoans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Transaction Documents Other Agreements and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under this Agreement and the Transaction DocumentsOther Agreements. Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to this Agreement or any Transaction Document Other Agreement from Borrower Representative as a notice or communication from Borrowerall Borrowers. Each warranty, covenant, agreement and undertaking made on a Borrower's behalf of Borrower 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 it if the same had been made directly by such Borrower. 15651.048 4835-8083-6858.11 21.

Appears in 1 contract

Samples: Loan and Security Agreement (Amcon Distributing Co)

Borrower Representative. Each Borrower hereby designates and appoints Parent Borrower Representative as its representative and agent on its behalf (in such capacity, the “Borrower Representative”) for the purposes of delivering certificates, including Compliance Certificatesissuing borrowing requests, giving Notices of Borrowing and other instructions with respect to the disbursement of the proceeds of the NoteLoans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Transaction Documents Other Agreements and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under this Agreement and the Transaction DocumentsOther Agreements. Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to this Agreement or any Transaction Document Other Agreement from Borrower Representative as a notice or communication from Borrowerall Borrowers. Each warranty, covenant, agreement and undertaking made on a Borrower’s behalf of Borrower 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 it if the same had been made directly by such Borrower. 15651.048 4835-8083-6858.11 21.

Appears in 1 contract

Samples: Loan and Security Agreement (Amcon Distributing Co)

Borrower Representative. Each Borrower hereby designates and appoints Parent Social as its representative and agent on its behalf (in such capacity, the "Borrower Representative") for the purposes of delivering certificates, including Compliance Certificates, giving Notices of Borrowing and other instructions with respect to the disbursement of the proceeds of the NoteNotes, giving and receiving all other notices and consents hereunder or under any of the other Transaction Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under the Transaction Documents. Borrower Representative hereby accepts such appointment. Agent Agent, each Lender and Lender each Holder may regard any notice or other communication pursuant to any Transaction Document from Borrower Representative as a notice or communication from Borrowerall Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower 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. 15651.048 4835-8083-6858.11 21.

Appears in 1 contract

Samples: Financing Agreement (SOCIAL REALITY, Inc.)

Borrower Representative. Each Borrower hereby designates and appoints Parent Borrower Representative as its representative and agent on its behalf (in such capacity, the “Borrower Representative”) for the purposes of delivering certificates, including Compliance Certificatesissuing borrowing requests, giving Notices of Borrowing and other instructions with respect to the disbursement of the proceeds of the NoteLoans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Transaction Documents Other Agreements and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under this Agreement and the Transaction DocumentsOther Agreements. Borrower Representative hereby xxxxxx accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to this Agreement or any Transaction Document Other Agreement from Borrower Representative as a notice or communication from Borrowerall Borrowers. Each warranty, covenant, agreement and undertaking made on a Borrower’s behalf of Borrower 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 it if the same had been made directly by such Borrower. 15651.048 4835-8083-6858.11 21.

Appears in 1 contract

Samples: Loan and Security Agreement (Amcon Distributing Co)

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Borrower Representative. Each Borrower hereby designates and appoints Parent Akorn as its representative and agent on its behalf (in such capacity, the “Borrower Representative”) for the purposes of issuing Notices of Borrowings, delivering certificates, certificates including Compliance Certificates, giving Notices of Borrowing and other instructions with respect to the disbursement of the proceeds of the NoteLoans, giving and receiving all other notices and consents hereunder or under any of the other Transaction Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under the Transaction Loan Documents. Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to any Transaction Loan Document from Borrower Representative as a notice or communication from Borrowerall Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower 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. 15651.048 4835-8083-6858.11 21.

Appears in 1 contract

Samples: Credit Agreement (Akorn Inc)

Borrower Representative. Each Borrower hereby designates and appoints Parent the Borrower Representative to act as its representative and agent hereunder. The Borrower Representative may act as agent on its behalf (in such capacity, the “of each Borrower Representative”) for the purposes of delivering certificates, including Compliance CertificatesBorrowing Requests and notices of conversion/continuation under Section 2.08 and/or similar notices, giving Notices of Borrowing and other instructions with respect to the disbursement of the proceeds of the NoteLoans and Letters of Credit, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Transaction Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Transaction Loan Documents. The Borrower Representative hereby accepts such appointment. Agent Each Borrower agrees that each notice, election, representation and Lender may regard any notice or other communication pursuant to any Transaction Document from Borrower Representative as a notice or communication from Borrower. Each warranty, covenant, agreement and undertaking made on its behalf of Borrower 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. 15651.048 4835-8083-6858.11 21.

Appears in 1 contract

Samples: Credit Agreement (Brookfield Property REIT Inc.)

Borrower Representative. Each Borrower hereby designates and appoints Parent Borrower Representative as its representative and agent on its behalf (in such capacity, the “Borrower Representative”) for the purposes of delivering certificates, including Compliance Certificatesissuing notices and requests for Loans, giving Notices of Borrowing and other instructions with respect to the disbursement of the proceeds of the NoteLoans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Transaction Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under the Transaction Loan Documents. Borrower Representative hereby accepts such appointment. Administrative Agent and each Lender may regard any notice or other communication pursuant to any Transaction Loan Document from Borrower Representative as a notice or communication from Borrowerall Borrowers. Each warranty, covenant, agreement and undertaking made on its behalf of Borrower 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. 15651.048 4835-8083-6858.11 21.

Appears in 1 contract

Samples: Revolving Loan Agreement (Resmed Inc)

Borrower Representative. Each Borrower hereby designates and appoints Parent GII as its representative and agent on its behalf (in such capacity, the "Borrower Representative") for the purposes of delivering certificates, including Compliance Certificatesissuing Notices of Revolving Credit Advances and Notices of Conversion/Continuation, giving Notices of Borrowing and other instructions with respect to the disbursement of the proceeds of the NoteLoans, selecting interest rate options, requesting Letters of Credit, giving and receiving all other notices and consents hereunder or under any of the other Transaction Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under the Transaction Loan Documents. Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to any Transaction Loan Document from Borrower Representative as a notice or communication from Borrowerall Borrowers. Each warranty, covenant, agreement and undertaking made on its behalf of Borrower 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 it if the same had been made directly by such Borrower. 15651.048 4835-8083-6858.11 21.

Appears in 1 contract

Samples: Credit Agreement (Golfsmith International Holdings Inc)

Borrower Representative. Each Borrower hereby designates and appoints Parent SVCMC as its representative and agent on its behalf (in such capacity, the “Borrower Representative”) for the purposes of issuing Notices of Borrowings, delivering certificates, certificates including Compliance Certificates, giving Notices of Borrowing and other instructions with respect to the disbursement of the proceeds of the NoteLoans, giving and receiving all other notices and consents hereunder or under any of the other Transaction Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or Borrowers under the Transaction Loan Documents. Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to any Transaction Loan Document from Borrower Representative as a notice or communication from Borrowerall Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a Borrower 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. 15651.048 4835-8083-6858.11 21.

Appears in 1 contract

Samples: Possession Credit Agreement

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