Common use of Borrowers’ Agent Clause in Contracts

Borrowers’ Agent. Each of Borrowers hereby irrevocably appoints Borrower Representative as its agent, attorney-in-fact and legal representative for all purposes, including requesting disbursement of the Term Loan Advance and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent or any Lender. Agent may rely, and shall be fully protected in relying, on any request for the Term Loan Advance, disbursement instruction, report, information or any other notice or communication made or given by Borrower Representative, whether in its own name or on behalf of one or more of the other Borrowers, and Agent shall not have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, other notice or communication, nor shall the joint and several character of Borrowers’ obligations hereunder be affected thereby.

Borrowers’ Agent. Each of Borrowers Borrower hereby irrevocably appoints Borrower Representative each other Borrower, as its the agent, attorney-in-fact and legal representative of all Borrowers for all purposes, including requesting disbursement of the Term Loan Advance Loans and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent or any Lender. Agent Lender may rely, and shall be fully protected in relying, on any request for the Term Loan Advancea Loan, disbursement instruction, report, information or any other notice or communication made or given by Borrower Representativeany Borrower, whether in its own name name, as Borrowers’ agent, or on behalf of one or more of the other Borrowers, and Agent Lender shall not have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, other notice or communication, nor shall the joint and several character of Borrowers’ obligations hereunder be affected thereby.

Borrowers’ Agent. Each of Borrowers Borrower hereby irrevocably appoints Borrower Representative each other Borrower, as its the agent, attorney-in-fact and legal representative of all Borrowers for all purposes, including requesting disbursement of the Term Loan Advance Loans and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent or any Lender. Agent Lender may rely, and shall be fully protected in relying, on any request for the Term Loan Advancea Loan, disbursement instruction, report, information or any other notice or communication made or given by Borrower Representativeany Borrower, whether in its own name name, as Borrowers’ agent, or on behalf of one or more of the other Borrowers, and Agent Lender shall not have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, other notice or communication, nor shall the joint and several character of Borrowers’ obligations hereunder be affected thereby. In the discretion of the Lender, the Collateral Account may be in the name of any one or more of the Borrowers, and checks and other payments made payable to any Borrower may be deposited into such Collateral Account.

Borrowers’ Agent. Each of Borrowers Borrower hereby irrevocably appoints Borrower Representative Sorrento Therapeutics, Inc. as its agent, attorney-in-fact and legal representative for all purposes, including requesting disbursement of the Term Loan Advance and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent or any Lender. The Agent may rely, and shall be fully protected in relying, on any request for the Term Loan AdvanceLoan, disbursement instruction, report, information or any other notice or communication made or given by Borrower Representativethe Company, whether in its own name or on behalf of one or more of the other Borrowers, and Agent shall not have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, other notice or communication, nor shall the joint and several character of Borrowers’ obligations hereunder be affected thereby.

Borrowers’ Agent. Each of Borrowers Borrower hereby irrevocably appoints Borrower Representative each other Borrower, as its the agent, attorney-in-fact and legal representative of all Borrowers for all purposes, including requesting disbursement of the Term Loan Advance Loans and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent or any Lender. Agent Lender may rely, and shall be fully protected in relying, on any request for the Term Loan Advancea Loan, disbursement instruction, report, information or any other notice or communication made or given by Borrower Representativeany Borrower, whether in its own name name, as Borrowers' agent, or on behalf of one or more of the other Borrowers, and Agent Lender shall not have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, other notice or communication, nor shall the joint and several character of Borrowers’ ' obligations hereunder be affected thereby.

Borrowers’ Agent. Each of the Borrowers hereby irrevocably appoints Borrower Representative Plug Power Inc. as its agent, attorney-in-fact and legal representative for all purposes, including requesting disbursement of the Term Loan Advance and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent or any the Lender. Agent The Lender may rely, and shall be fully protected in relying, on any request for the Term Loan AdvanceLoan, disbursement instruction, report, information or any other notice or communication made or given by Borrower Representativethe Company, whether in its own name or on behalf of one or more of the other Borrowers, and Agent the Lender shall not have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, other notice or communication, nor shall the joint and several character of the Borrowers’ obligations hereunder be affected thereby.

Borrowers’ Agent. Each of Borrowers Borrower hereby irrevocably appoints Borrower Representative each other Borrower, as its the agent, attorney-in-fact and legal representative of all Borrowers for all purposes, including requesting disbursement of the Term Loan Advance and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent or any LenderMultiplier. Agent Multiplier may rely, and shall be fully protected in relying, on any request for the Term Loan Advancea Loan, disbursement instruction, report, information or any other notice or communication made or given by Borrower Representativeany Borrower, whether in its own name name, as Borrowers' agent, or on behalf of one or more of the other Borrowers, and Agent Multiplier shall not have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, other notice or communication, nor shall the joint and several character of Borrowers’ ' obligations hereunder be affected thereby.. Multiplier Capital II, LP Loan and Security Agreement

Borrowers’ Agent. Each of the Borrowers hereby irrevocably appoints Lead Borrower Representative as its agent, attorney-in-fact and legal representative for all purposes, including requesting disbursement of the Term Loan Advance and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent or any the Lender. Agent The Lender may rely, and shall be fully protected in relying, on any request for the Term Loan AdvanceAdvance Request, disbursement instruction, report, information or any other notice or communication made or given by Borrower RepresentativeLead Borrower, whether in its own name or on behalf of one or more of the other Borrowers, and Agent the Lender shall not have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, other notice or communication, nor shall the joint and several character of the Borrowers’ obligations hereunder be affected thereby.

Borrowers’ Agent. Each of the Borrowers hereby irrevocably appoints Borrower Representative Inc. as its agent, attorney-in-fact and legal representative for all purposes, including requesting disbursement of the Term Loan Advance Advances and receiving account statements and other notices and communications to Borrowers (or any of them) from the Agent or any Lender. The Agent may rely, and shall be fully protected in relying, on any request for the Term Loan AdvanceAdvances, disbursement instruction, report, information or any other notice or communication made or given by Borrower RepresentativeInc., whether in its own name or on behalf of one or more of the other Borrowers, and the Agent shall not have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, other notice or communication, nor shall the joint and several character of the Borrowers’ obligations hereunder be affected thereby.

Borrowers’ Agent. Each of the Borrowers hereby irrevocably appoints Borrower Representative Mattersight Corporation as its agent, attorney-in-fact and legal representative for all purposes, including requesting disbursement of the Term Loan Advance and receiving account statements and other notices and communications to Borrowers (or any of them) from the Agent or any Lender. The Agent may rely, and shall be fully protected in relying, on any request for the Term Loan AdvanceLoan, disbursement instruction, report, information or any other notice or communication made or given by Borrower RepresentativeBorrower, whether in its own name or on behalf of one or more of the other Borrowers, and the Agent shall not have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, other notice or communication, nor shall the joint and several character of the Borrowers’ obligations hereunder be affected thereby.

Borrowers’ Agent. Each of the Borrowers hereby irrevocably appoints Borrower Representative Aldeyra as its agent, attorney-in-fact and legal representative for all purposes, including requesting disbursement of the Term Loan Advance and receiving account statements and other notices and communications to Borrowers (or any of them) from the Agent or any Lender. The Agent may rely, and shall be fully protected in relying, on any request for the Term Loan AdvanceLoan, disbursement instruction, report, information or any other notice or communication made or given by Borrower RepresentativeAldeyra, whether in its own name or on behalf of one or more of the other Borrowers, and the Agent shall not have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, other notice or communication, nor shall the joint and several character of the Borrowers’ obligations hereunder be affected thereby.

Borrowers’ Agent. Each of Borrowers hereby irrevocably appoints Borrower Representative as its agent, attorney-in-fact and legal representative for all purposes, including requesting disbursement of the Growth Capital Term Loan Advance and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent or any Lender. Agent may rely, and shall be fully protected in relying, on any request for the Growth Capital Term Loan Advance, disbursement instruction, report, information or any other notice or communication made or given by Borrower Representative, whether in its own name or on behalf of one or more of the other Borrowers, and Agent shall not have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, other notice or communication, nor shall the joint and several character of Borrowers’ obligations hereunder be affected thereby.

Borrowers’ Agent. Each of Borrowers Borrower hereby irrevocably appoints Borrower Representative each other Borrower, as its the agent, attorney-in-fact and legal representative of all Borrowers for all purposes, including requesting disbursement of the Term Loan Advance and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent or any LenderMultiplier. Agent Multiplier may rely, and shall be fully protected in relying, on any request for the Term Loan Advancea Loan, disbursement instruction, report, information or any other notice or communication made or given by Borrower Representativeany Borrower, whether in its own name name, as Borrowers' agent, or on behalf of one or more of the other Borrowers, and Agent Multiplier shall not have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, other notice or communication, nor shall the joint and several character of Borrowers’ ' obligations hereunder be affected thereby.

Borrowers’ Agent. Each of Borrowers Borrower hereby irrevocably appoints Borrower Representative as its the agent, attorney-in-fact and legal representative of all Borrowers for all purposes, including requesting disbursement of the Term Loan Advance and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent or any LenderNBE. Agent NBE may rely, and shall be fully protected in relying, on any request for the Term Loan Advancea Loan, disbursement instruction, report, information or any other notice or communication made or given by Borrower Representativeany Borrower, whether in its own name name, as Borrowers’ agent, or on behalf of one or more of the other Borrowers, and Agent NBE shall not have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, other notice or communication, nor shall the joint and several character of BorrowersXxxxxxxxx’ obligations hereunder be affected thereby.

Borrowers’ Agent. Each of the Borrowers hereby irrevocably appoints Borrower Representative Inc. as its agent, attorney-in-fact and legal representative for all purposes, including requesting disbursement of the Term Loan Advance and receiving account statements and other notices and communications to Borrowers (or any of them) from the Agent or any Lender. The Agent may rely, and shall be fully protected in relying, on any request for the Term Loan AdvanceLoan, disbursement instruction, report, information or any other notice or communication made or given by Borrower RepresentativeInc., whether in its own name or on behalf of one or more of the other Borrowers, and the Agent shall not have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, other notice or communication, nor shall the joint and several character of the Borrowers’ obligations hereunder be affected thereby.

Borrowers’ Agent. Each of the Borrowers hereby irrevocably appoints Borrower Representative the Company as its agent, attorney-in-fact and legal representative for all purposes, including requesting disbursement of the Term Loan Advance and receiving account statements and other notices and communications to Borrowers (or any of them) from the Agent or any Lender. The Agent may rely, and shall be fully protected in relying, on any request for the Term Loan AdvanceLoan, disbursement instruction, report, information or any other notice or communication made or given by Borrower Representativethe Company, whether in its own name or on behalf of one or more of the other Borrowers, and the Agent shall not have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, other notice or communication, nor shall the joint and several character of the Borrowers’ obligations hereunder be affected thereby.

Borrowers’ Agent. Each of the Borrowers hereby irrevocably appoints Borrower Representative Plug Power Inc. as its agent, attorney-in-fact and legal representative for all purposes, including requesting disbursement of the Term Loan Advance and receiving account statements and other notices and communications to Borrowers (or any of them) from the Agent or any Lender. The Agent may rely, and shall be fully protected in relying, on any request for the Term Loan AdvanceLoan, disbursement instruction, report, information or any other notice or communication made or given by Borrower Representativethe Company, whether in its own name or on behalf of one or more of the other Borrowers, and the Agent shall not have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, other notice or communication, nor shall the joint and several character of the Borrowers’ obligations hereunder be affected thereby.

Borrowers’ Agent. Each of Borrowers Borrower hereby irrevocably appoints Borrower Representative Parent as its agent, attorney-in-fact and legal representative for all purposes, including requesting disbursement of the Term Loan Advance and receiving account statements and other notices and communications to Borrowers Borrower (or any of them) from the Agent or any Lender. The Agent may rely, and shall be fully protected in relying, on any request for the Term Loan AdvanceLoan, disbursement instruction, report, information or any other notice or communication made or given by Borrower RepresentativeParent, whether in its own name or on behalf of one or more of the other Borrowers, and the Agent shall not have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, other notice or communication, nor shall the joint and several character of Borrowers’ Borrower’s obligations hereunder be affected thereby.

Borrowers’ Agent. Each of Borrowers Borrower hereby irrevocably appoints Borrower Representative each other Borrower, as its the agent, attorney-in-fact and legal representative of all Borrowers for all purposes, including requesting disbursement of the Term Loan Advance Loans and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent or any Lender. Agent , Lender may rely, and shall be fully protected in relying, on any request for the Term Loan Advancea Loan, disbursement instruction, report, information or any other notice or communication made or given by Borrower Representativeany Borrower, whether in its own name name, as Borrowers' agent, or on behalf of one or more of the other Borrowers, and Agent Lender shall not have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, other notice or communication, nor shall the joint and several character of Borrowers’ ' obligations hereunder be affected thereby.

Borrowers’ Agent. Each of the Borrowers hereby irrevocably appoints Borrower Representative Parent as its agent, attorney-in-fact and legal representative for all purposes, including requesting disbursement of the Term Loan Advance and receiving account statements and other notices and communications to Borrowers (or any of them) from the Agent or any Lender. The Agent may rely, and shall be fully protected in relying, on any request for the Term Loan AdvanceLoan, disbursement instruction, report, information or any other notice or communication made or given by Borrower RepresentativeParent, whether in its own name or on behalf of one or more of the other Borrowers, and the Agent shall not have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, other notice or communication, nor shall the joint and several character of the Borrowers’ obligations hereunder be affected thereby.