Common use of Borrowers’ Agent Clause in Contracts

Borrowers’ Agent. Each of the Borrowers, other than the Company, hereby irrevocably appoints the Company, and the Company shall act under this Agreement, as the agent, attorney-in-fact and legal representative of such other Borrowers for all purposes, including requesting Loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Agent, any Letter of Credit Issuer or any Lender. The Agent, the Letter of Credit Issuers and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Continuation/Conversion, request for a Letter of Credit, disbursement instruction, report, information or any other notice or communication made or given by the Company, whether in its own name, as Borrowers’ Agent, on behalf of any other Borrower or on behalf of the “Borrowers”, and neither the Agent nor the Letter of Credit Issuers or any Lender shall 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 notice, request, instruction, report, information, other notice or communication; provided that the provisions of this Section 4.10 shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by a Borrower hereunder.

Borrowers’ Agent. Each of the Borrowers, other than the Company, Borrower hereby irrevocably appoints the CompanyPRGX, and the Company PRGX shall act under this AgreementAgreement and the other Loan Documents, as as, the agent, attorney-in-fact and legal representative of such other all Borrowers for all purposes, including requesting Loans loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from Administrative Agent on behalf of the Agent, any Letter of Credit Issuer or any LenderLenders. The Agent, Borrowers acknowledge and agree that all the Letter of Credit Issuers Obligations are jointly and severally owing by the Lenders Borrowers. Administrative Agent may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Continuation/Conversion, request for a Letter of Credit, disbursement instruction, report, information or any other notice or communication made or given by the CompanyPRGX, whether in its own name, as Borrowers’ Agent, on behalf of any other Borrower or on behalf of the “on behalf of one or more Borrowers”, and neither the Administrative Agent nor the Letter of Credit Issuers or any 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 notice, request, instruction, report, information, other notice or communication; provided , nor shall the joint and several character of Borrowers’ obligations hereunder be affected, provided, that the provisions of this Section 4.10 2.27 shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by a Borrower “Borrower” hereunder.

Borrowers’ Agent. Each of the Borrowers, Borrowers other than the Company, PSS hereby irrevocably appoints the CompanyPSS, and the Company PSS shall act under this Agreement, as the agent, attorney-in-fact and legal representative of such other Borrowers for all purposes, including requesting Loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Agent, any Letter of Credit Issuer Agent or any Lender. The Agent, the Letter of Credit Issuers Issuer and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion or Continuation/Conversion, request for a Letter of Credit, disbursement instruction, report, information or any other notice or communication made or given by the CompanyPSS, whether in its own name, as Borrowers’ Agent, on behalf of any other Borrower or on behalf of the “Borrowers”, and neither the Agent nor the Letter of Credit Issuers Issuer or any Lender shall 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 noticeNotice, request, instruction, report, information, other notice or communication; provided communications, nor shall the joint and several character of the Borrowers’ obligations hereunder be affected, provided, that the provisions of this Section 4.10 3.9 shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by a Borrower “Borrower” hereunder.

Borrowers’ Agent. Each of the Borrowers, Borrowers other than the Company, Parent hereby irrevocably appoints the CompanyParent, and the Company Parent shall act under this Agreement, as the agent, attorney-in-fact and legal representative of such other Borrowers for all purposes, including requesting Loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Agent, any Letter of Credit Issuer Administrative Agent or any LenderLender (in such capacity, the “Borrowers’ Agent”). The Agent, the Letter of Credit Issuers Administrative Agent and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation/Conversion, request for a Letter of Credit, disbursement instruction, report, information or any other notice or communication made or given by the CompanyParent, whether in its own name, as Borrowers’ Agent, on behalf of any other Borrower or on behalf of the “Borrowers”, and neither the Administrative Agent nor the Letter of Credit Issuers or any Lender shall 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 noticeNotice, request, instruction, report, information, other notice or communication; provided communications, nor shall the joint and several character of the Borrowers’ obligations hereunder be affected, provided, that the provisions of this Section 4.10 1.6 shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by a Borrower “Borrower” hereunder.

Borrowers’ Agent. Each of the Borrowers, Borrower other than the Company, LSG hereby irrevocably appoints the CompanyLSG, and the Company LSG shall act under this AgreementAgreement and the other Loan Documents, as as, the agent, attorney-in-fact and legal representative of such other all Borrowers for all purposes, including requesting Loans loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Agent, any Letter of Credit Issuer or any LenderAgent and Lenders. The Agent, the Letter of Credit Issuers Agent and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Continuation/Conversion, request for a Letter of Creditan advance, disbursement instruction, report, information or any other notice or communication made or given by the CompanyLSG, whether in its own name, as Borrowers’ Agent, on behalf of any other Borrower or on behalf of the “on behalf of one or more Borrowers”, and neither the Agent nor the Letter of Credit Issuers or any Lender shall 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 notice, request, instruction, report, information, other notice or communication; provided , nor shall the joint and several character of Borrowers’ obligations hereunder be affected, provided, that the provisions of this Section 4.10 paragraph shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by a Borrower “Borrower” hereunder.

Borrowers’ Agent. Each of the Borrowers, Borrowers other than the Company, Caraustar hereby irrevocably appoints the CompanyCaraustar, and the Company Caraustar shall act under this Agreement, as the agent, attorney-in-fact and legal representative of such other Borrowers for all purposes, including requesting Loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Agent, any Letter of Credit Issuer Agent or any Lender. The Agent, the Letter of Credit Issuers Issuer and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion or Continuation/Conversion, request for a Letter of Credit, disbursement instruction, report, information or any other notice or communication made or given by the CompanyCaraustar, whether in its own name, as Borrowers’ Agent, on behalf of any other Borrower or on behalf of the “Borrowers”, and neither the Agent nor the Letter of Credit Issuers Issuer or any Lender shall 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 noticeNotice, request, instruction, report, information, other notice or communication; provided communications, nor shall the joint and several character of the Borrowers’ obligations hereunder be affected, provided, that the provisions of this Section 4.10 3.10 shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by a Borrower “Borrower” hereunder.

Borrowers’ Agent. Each of the Borrowers, other than the Company, hereby irrevocably appoints the Company, and the Company shall act under this Agreement, as the agent, attorney-in-fact and legal representative of such other Borrowers for all purposes, including requesting Loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Agent, any Letter of Credit Issuer Agent or any Lender. The Agent, the Letter of Credit Issuers and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Continuation/Conversion, request for a Letter of Credit, disbursement instruction, report, information or any other notice or communication made or given by the Company, whether in its own name, as Borrowers’ Agent, on behalf of any other Borrower or on behalf of the “Borrowers”, and neither the Agent nor the Letter of Credit Issuers or any Lender shall 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 notice, request, instruction, report, information, other notice or communicationcommunications, nor shall the joint and several character of the U.S. Borrowers’ obligations hereunder be affected; provided provided, that the provisions of this Section 4.10 shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by a Borrower “Borrower” hereunder.

Borrowers’ Agent. Each of the Borrowers, other than the Company, hereby irrevocably appoints the Company, and the Company shall act under this Agreement, as the agent, attorney-in-fact and legal representative of such other Borrowers for all purposes, including requesting Loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Agent, any Letter of Credit Issuer or any Lender. The Agent, the Letter of Credit Issuers and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Continuation/Conversion, request for a Letter of Credit, disbursement instruction, report, information or any other notice or communication made or given by the Company, whether in its own name, as Borrowers’ Agent, on behalf of any other Borrower or on behalf of the “Borrowers”, and neither the Agent nor the Letter of Credit Issuers or any Lender shall 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 notice, request, instruction, report, information, other notice or communication, nor shall the joint and several character of the U.S. Borrowers’ obligations hereunder be affected; provided provided, that the provisions of this Section 4.10 4.9 shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by a Borrower “Borrower” hereunder.

Borrowers’ Agent. Each of the Borrowers, Borrowers other than the Company, Parent hereby irrevocably appoints the CompanyParent as, and the Company Parent shall act under this AgreementAgreement as, as the agent, attorney-in-fact and legal representative of such other Borrowers for all purposes, including requesting Loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Agent, any Letter of Credit Issuer Agent or any Lender. The Agent, the Letter of Credit Issuers Agent and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion or Continuation/Conversion, request for a Letter of Credit, disbursement instruction, report, information or any other notice or communication made or given by the CompanyParent, whether in its own name, as Borrowers’ ' Agent, on behalf of any other Borrower or on behalf of "the “Borrowers”", and neither the Agent nor the Letter of Credit Issuers or any Lender shall 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 noticeNotice, request, instruction, report, information, other notice or communication; provided communications, nor shall the joint and several character of the U.S. Borrowers' obligations hereunder be affected, PROVIDED that the provisions of this Section 4.10 SECTION 3.16 shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by "a Borrower Borrower" hereunder.

Borrowers’ Agent. Each of the Borrowers, other than the Company, hereby irrevocably appoints the Company, and the Company shall act under this Agreement, as the agent, attorney-in-fact and legal representative of such other Borrowers for all purposes, including requesting Loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Agent, any Letter of Credit Issuer or any Lender. The Agent, the Letter of Credit Issuers and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Continuation/Conversion, request for a Letter of Credit, disbursement instruction, report, information or any other notice or communication made or given by the Company, whether in its own name, as Borrowers’ Agent, on behalf of any other Borrower or on behalf of the “Borrowers”, and neither the Agent nor the Letter of Credit Issuers or any Lender shall 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 notice, request, instruction, report, information, other notice or communicationcommunications, nor shall the joint and several character of the U.S. Borrowers’ obligations hereunder be affected; provided provided, that the provisions of this Section 4.10 shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by a Borrower “Borrower” hereunder.

Borrowers’ Agent. Each of the Borrowers, Borrowers other than the Company, Holdings hereby irrevocably appoints the CompanyHoldings, and the Company Holdings shall act under this Agreement, as the agent, attorney-in-fact and legal representative of such other Borrowers for all purposes, including requesting Loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Agent, any Letter of Credit Issuer Administrative Agent or any Lender. The Administrative Agent, the Letter of Credit Issuers Issuing Bank and the Lenders may rely, and shall be fully protected in relying, on any Notice notice or communication of Borrowingany kind received from Borrowers' Agent in respect of any notice or other communication of any kind that shall or may be given hereunder by any or all of the Borrowers, Notice including without limitation notices of Continuation/Conversionborrowing, request notices of conversion or continuation, requests for a Letter Letters of Credit, disbursement instructioninstructions, reportreports, information or any other notice or communication made or given by the CompanyHoldings, whether in its own name, as Borrowers’ ' Agent, on behalf of any other Borrower or on behalf of the “"Borrowers”", and neither the Administrative Agent nor the Letter of Credit Issuers or Issuing Bank nor any Lender shall 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 notice, request, instruction, report, information, or other notice or communication; provided , nor shall the joint and several character of the Borrowers' obligations hereunder be affected, provided, that the provisions of this Section 4.10 2.14 shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by a Borrower "Borrower" hereunder.

Borrowers’ Agent. Each of the Borrowers, Borrowers other than the Company, Supreme hereby irrevocably appoints the CompanySupreme as, and the Company Supreme shall act under this AgreementAgreement as, as the agent, attorney-in-fact and legal representative of such other Borrowers for all purposes, including requesting Loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Agent, any Letter of Credit Issuer Agent or any Lender. The Agent, the Letter of Credit Issuers Agent and the Lenders may rely, and shall be fully protected in relying, on any Notice notice of Borrowingborrowing, Notice notice of Continuation/Conversion, request for a Letter of Creditconversion or continuation, disbursement instruction, report, information or any other notice or communication made or given by the CompanySupreme, whether in its own name, as Borrowers’ Agent, on behalf of any other Borrower or on behalf of "the “Borrowers”", and neither the Agent nor the Letter of Credit Issuers or any Lender shall have any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower Borrowers as to the binding effect on it of any such notice, request, instruction, report, information, other notice or communication; provided communications, nor shall the joint and several character of the Borrowers' liability for the Secured Obligations be affected, PROVIDED that the provisions of this Section 4.10 SECTION 5.13 shall not be construed so as to preclude any Borrower from directly requesting Loans or taking other actions permitted to be taken by "a Borrower" hereunder. The Agent and each Lender intend to maintain a single Loan Account in the name of "Supreme International Corporation" hereunder and each Borrower hereunderexpressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of its liability for the Secured Obligations.

Borrowers’ Agent. Each of the Borrowers, Borrowers other than the Company, Parent hereby irrevocably appoints the CompanyParent, and the Company Parent shall act under this Agreement, as the agent, attorney-in-fact and legal representative of such other Borrowers for all purposes, including requesting Loans and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Agent, any Letter of Credit Issuer Collateral Agent or any Lender. The Collateral Agent, the Letter of Credit Issuers Issuer and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion or Continuation/Conversion, request for a Letter of Credit, disbursement instruction, report, information or any other notice or communication made or given by the CompanyParent, whether in its own name, as Borrowers’ Agent, on behalf of any other Borrower or on behalf of the “"Borrowers”", and neither the Collateral Agent nor the Letter of Credit Issuers Issuer or any Lender shall 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 noticeNotice, request, instruction, report, information, other notice or communication; provided communications, nor shall the joint and several character of the Borrowers’ obligations hereunder be affected, provided, that the provisions of this Section 4.10 3.11 shall not be construed so as to preclude any Borrower from taking actions permitted to be taken by a Borrower "Borrower" hereunder.