Common use of Borrower Representative Clause in Contracts

Borrower Representative. Each Borrower hereby appoints ___________________________________________________ (“Borrower Representative”) as its representative and agent, and Borrower Representative accepts such appointment, for the purposes of (i) making the Initial Draw request and each subsequent request for an Advance of the proceeds of the Loan, including giving Lender disbursement instructions, wire and deposit instructions, and telephonic confirmations; (ii) delivering certificates, including compliance certificates; (iii) [Intentionally Deleted]; (iv) giving and receiving all notices and consents hereunder or under any of the other Loan Documents; (v) requesting and providing information with respect to accounts payable matters; financial reporting matters, property tax matters (if applicable); insurance matters, and all other account servicing matters; and (vi) taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan Documents or otherwise with respect to the Loan. Lender may regard any notice or other communication pursuant to any Loan Document from Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a 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.

Borrower Representative. Each Borrower hereby appoints ___________________________________________________ designates EquityCo II as the Borrower Representative (“Borrower Representative”as defined in the Amended Loan Agreement) as its representative and agent, and Borrower Representative accepts such appointment, agent on its behalf for the purposes of (i) making issuing Funding Requests, giving instructions with respect to the Initial Draw request and each subsequent request for an Advance disbursement of the proceeds of the LoanAdvances, including giving Lender disbursement instructions, wire and deposit instructions, and telephonic confirmations; (ii) delivering certificates, including compliance certificates; (iii) [Intentionally Deleted]; (iv) giving and receiving all other notices and consents hereunder or under any of the other Loan Documents; Documents (vas defined in the Amended Loan Agreement) requesting and providing information with respect to accounts payable matters; financial reporting matters, property tax matters (if applicable); insurance matters, and all other account servicing matters; and (vi) taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan Documents or otherwise with respect to Documents. The Borrower Representative xxxxxx accepts such appointment. The Lenders and the Loan. Lender Administrative Agent may regard any notice or other communication pursuant to any Loan Document from Borrower Representative as a notice or communication from all Borrowers, and may give any notice or communication required or permitted to be given to any Borrower or Borrowers hereunder to Borrower Representative on behalf of such Borrower or Borrowers. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf of a 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.

Borrower Representative. Each Borrower hereby appoints ___________________________________________________ (“designates the Borrower Representative”) Representative as its representative and agent, and Borrower Representative accepts such appointment, agent on its behalf for the purposes of (ia) making issuing any borrowing notices and conversion/continuation notices, and delivering certificates required under the Initial Draw request and each subsequent request for an Advance Loan Documents, (b) giving instructions with respect to the disbursement of the proceeds of the LoanLoans and the Bonds, including giving Lender disbursement instructions(c) selecting interest rate options, wire and deposit instructions, and telephonic confirmations; (ii) delivering certificates, including compliance certificates; (iii) [Intentionally Deleted]; (ivd) giving and receiving all other notices and consents hereunder or under any of the other Loan Documents; (v) requesting and providing information with respect to accounts payable matters; financial reporting matters, property tax matters (if applicable); insurance matters, and all other account servicing matters; Documents and (vie) taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan Documents or otherwise with respect to the LoanDocuments. The Borrower Representative hereby accepts such appointment. Each Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from each and all Borrowers, and may give any notice or communication required or permitted to be given to any Borrower or Borrowers hereunder to the Borrower Representative on behalf of such Borrower or Borrowers. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf of a 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.

Borrower Representative. Each LHC hereby (i) is designated and appointed by each Borrower hereby appoints ___________________________________________________ as its representative and agent on its behalf (the “Borrower Representative”) as its representative and agent, and Borrower Representative (ii) accepts such appointmentappointment as the Borrower Representative, in each case, for the purposes of (i) making issuing Notices of Borrowings, Notices of Conversion/Continuation and L/C Requests, delivering certificates including Compliance Certificates, Borrowing Base Certificates, Consolidated Borrowing Base Certificates, giving instructions with respect to the Initial Draw request and each subsequent request for an Advance disbursement of the proceeds of the LoanLoans, including giving Lender disbursement instructionsselecting interest rate options, wire and deposit instructions, and telephonic confirmations; (ii) delivering certificates, including compliance certificates; (iii) [Intentionally Deleted]; (iv) giving and receiving all other notices and consents hereunder or under any of the other Loan Documents; (v) requesting Documents and providing information with respect to accounts payable matters; financial reporting matters, property tax matters (if applicable); insurance matters, and all other account servicing matters; and (vi) taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents or otherwise with respect to the LoanDocuments. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a 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.

Borrower Representative. Each Borrower hereby appoints ___________________________________________________ each other Borrower (each, a “Borrower Representative”) as its representative and agent, and Borrower Representative accepts such appointment, for the purposes of (i) making the Initial Closing Draw request and each subsequent request for an Advance of the proceeds of the LoanRequest, including giving Lender disbursement instructions, wire and deposit instructions, and telephonic confirmations; (ii) delivering certificates, including compliance certificates; (iii) [Intentionally Deleted]selecting interest rate options, if applicable; (iv) giving and receiving all notices Notices and consents hereunder or under any of the other Loan Documents; (v) requesting and providing information with respect to accounts payable matters; financial reporting matters, property tax matters (if applicable); insurance matters, and all other account servicing matters; and (vi) taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan Documents or otherwise with respect to the Loan. Lender Xxxxxx may regard any notice or other communication pursuant to any Loan Document from Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a 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.

Borrower Representative. Each Borrower hereby designates, appoints ___________________________________________________ and authorizes Multiband as its representative and agent on its behalf (“Borrower Representative”) as its representative and agent, and Borrower Representative accepts such appointment, for the purposes of issuing Notices of Borrowings, Notices of LIBOR Rate Borrowing/Continuation/Conversion and LC Requests, delivering certificates including Compliance Certificates, Borrowing Base Certificates and Excess Cash Flow Certificates (i) making and giving instructions with respect to the Initial Draw request and each subsequent request for an Advance disbursement of the proceeds of the LoanLoans, including giving Lender disbursement instructionsselecting interest rate options, wire and deposit instructions, and telephonic confirmations; (ii) delivering certificates, including compliance certificates; (iii) [Intentionally Deleted]; (iv) giving and receiving all other notices and consents hereunder or under any of the other Loan Documents; (v) requesting Financing Agreements and providing information with respect to accounts payable matters; financial reporting matters, property tax matters (if applicable); insurance matters, and all other account servicing matters; and (vi) taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan Documents or otherwise with respect to the LoanFinancing Agreements. Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document Financing Agreement from Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a 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.

Borrower Representative. Each Borrower hereby appoints ___________________________________________________ XX0 XXXXXXXXXX TRS, LLC (“Borrower Representative”) as its representative and agent, and Borrower Representative accepts such appointment, for the purposes of (i) making the Initial Closing Draw request and each subsequent request for an Advance of the proceeds of the LoanRequest, including giving Lender disbursement instructions, wire and deposit instructions, and telephonic confirmations; (ii) delivering certificates, including compliance certificates; (iii) [Intentionally Deleted]selecting interest rate options, if applicable; (iv) giving and receiving all notices Notices and consents hereunder or under any of the other Loan Documents; (v) requesting and providing information with respect to accounts payable matters; financial reporting matters, property tax matters (if applicable); insurance matters, and all other account servicing matters; and (vi) taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan Documents or otherwise with respect to the Loan. Lender may regard any notice or other communication pursuant to any Loan Document from Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a 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.

Borrower Representative. Each Borrower hereby appoints ___________________________________________________ LF3 SOUTHAVEN TRS, LLC (“Borrower Representative”) as its representative and agent, and Borrower Representative accepts such appointment, for the purposes of (i) making the Initial Closing Draw request and each subsequent request for an Advance of the proceeds of the LoanRequest, including giving Lender disbursement instructions, wire and deposit instructions, and telephonic confirmations; (ii) delivering certificates, including compliance certificates; (iii) [Intentionally Deleted]selecting interest rate options, if applicable; (iv) giving and receiving all notices Notices and consents hereunder or under any of the other Loan Documents; (v) requesting and providing information with respect to accounts payable matters; financial reporting matters, property tax matters (if applicable); insurance matters, and all other account servicing matters; and (vi) taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan Documents or otherwise with respect to the Loan. Lender may regard any notice or other communication pursuant to any Loan Document from Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a 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.

Borrower Representative. Each Borrower hereby designates and appoints ___________________________________________________ (“Borrower Representative”) Representative as its representative and agent, and Borrower Representative accepts such appointment, agent on its behalf for the purposes of (i) making issuing Notices of Borrowings, Notices of Conversion/Continuation – BA Rate, Notices of Conversion/Continuation - LIBOR, L/C Requests and Swingline Requests, delivering certificates including Compliance Certificates and Combined Borrowing Base Certificates, giving instructions with respect to the Initial Draw request and each subsequent request for an Advance disbursement of the proceeds of the LoanLoans, including giving Lender disbursement instructionsselecting interest rate options, wire and deposit instructions, and telephonic confirmations; (ii) delivering certificates, including compliance certificates; (iii) [Intentionally Deleted]; (iv) giving and receiving all other notices and consents hereunder or under any of the other Loan Documents; (v) requesting Documents and providing information with respect to accounts payable matters; financial reporting matters, property tax matters (if applicable); insurance matters, and all other account servicing matters; and (vi) taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan Documents or otherwise with respect to the LoanDocuments. Borrower Representative hereby accepts such appointment. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a 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.

Borrower Representative. Each RNL hereby (i) is designated and appointed by each Borrower hereby appoints ___________________________________________________ as its representative and agent on its behalf (the “Borrower Representative”) as its representative and agent), and Borrower Representative (ii) accepts such appointmentappointment as the Borrower Representative, in each case, for the purposes of (i) making issuing Notices of Borrowings, Notices of Conversion/Continuation, L/C Requests and Swingline Requests, delivering certificates including Compliance Certificates, Joint Venture Certificates, and Permitted Dividend/Distribution Certificates, giving instructions with respect to the Initial Draw request and each subsequent request for an Advance disbursement of the proceeds of the LoanLoans, including giving Lender disbursement instructionsselecting interest rate options, wire and deposit instructions, and telephonic confirmations; (ii) delivering certificates, including compliance certificates; (iii) [Intentionally Deleted]; (iv) giving and receiving all other notices and consents hereunder or under any of the other Loan Documents; (v) requesting Documents and providing information with respect to accounts payable matters; financial reporting matters, property tax matters (if applicable); insurance matters, and all other account servicing matters; and (vi) taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan Documents or otherwise with respect to the LoanDocuments. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a 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.

Borrower Representative. Each Phreesia hereby (i) is designated and appointed by each Borrower hereby appoints ___________________________________________________ as its representative and agent on its behalf (the “Borrower Representative”) as its representative and agent, and Borrower Representative (ii) accepts such appointmentappointment as the Borrower Representative, in each case, for the purposes of (i) making issuing Notices of Borrowings, Notices of Conversion/Continuation, L/C Requests and Swingline Requests, delivering certificates including Compliance Certificates, Consolidated Borrowing Base Certificates, giving instructions with respect to the Initial Draw request and each subsequent request for an Advance disbursement of the proceeds of the LoanLoans, including giving Lender disbursement instructionsselecting interest rate options, wire and deposit instructions, and telephonic confirmations; (ii) delivering certificates, including compliance certificates; (iii) [Intentionally Deleted]; (iv) giving and receiving all other notices and consents hereunder or under any of the other Loan Documents; (v) requesting Documents and providing information with respect to accounts payable matters; financial reporting matters, property tax matters (if applicable); insurance matters, and all other account servicing matters; and (vi) taking all other actions (including in respect of compliance with covenants, but without relieving any other Borrower of its joint and several obligations to pay and perform the Obligations) on behalf of any Borrower or the Borrowers under the Loan Documents or otherwise with respect to the LoanDocuments. Agent and each Lender may regard any notice or other communication pursuant to any Loan Document from the Borrower Representative as a notice or communication from all Borrowers. Each warranty, covenant, agreement and undertaking made on behalf of a 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.