Common use of Borrowers’ Representative Clause in Contracts

Borrowers’ Representative. Each Borrower hereby irrevocably appoints Parent and Parent agrees to act under this Agreement, as the agent and representative of itself and each other Borrower for all purposes under this Agreement, including requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent. Agent may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, disbursement instructions, reports, information, Borrowing Base Certificate or any other notice or communication made or given by Parent, whether in its own name, on behalf of any Borrower or on behalf of “the Borrowers,” and Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Notice of Borrowing, Notice of Conversion, Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers’ liability for the Obligations be affected, provided that the provisions of this Section 3.4 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by “a Borrower” hereunder. Agent may maintain a single Loan Account in the name of “Integrated Electrical Services, Inc.” hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s liability for the Obligations.

Borrowers’ Representative. Each Borrower hereby irrevocably appoints Parent SRC and Parent SRC agrees to act under this Agreement, as the agent and representative of itself SRC and each other Borrower for all purposes under this Agreement, including requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent. Agent may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, disbursement instructions, reports, information, Borrowing Base Certificate or any other notice or communication made or given by ParentSRC, whether in its own name, on behalf of any Borrower or on behalf of “the Borrowers,” and Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Notice of Borrowing, Notice of Conversion, Conversion Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers’ liability for the Obligations be affected, provided that the provisions of this Section 3.4 3.3 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by “a Borrower” hereunder. Agent may maintain a single Loan Account in the name of “Integrated Electrical Services, Inc.SRC” hereunder, and each future Borrower expressly agrees shall be deemed to have agreed to such arrangement and confirms to have confirmed that such arrangement shall have no effect on the joint and several character of such Borrower’s liability for the Obligations.

Borrowers’ Representative. Each Borrower hereby irrevocably appoints Parent Borrower Agent and Parent Borrower Agent agrees to act under this Agreement, as the agent and representative of itself and each other Borrower for all purposes under this Agreement, including requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Prime Rate Loan or a LIBOR an Eurodollar Rate Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent. Agent may rely, and shall be fully protected in relying, on any Notice notice of Borrowing, Notice of Conversion/Continuationborrowing, disbursement instructions, reports, information, Borrowing Base Certificate information or any other notice or communication made or given by ParentBorrower Agent, whether in its own name, on behalf of any Borrower or on behalf of “"the Borrowers,” " and Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Notice of Borrowing, Notice of Conversion, Continuationrequest, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers’ ' liability for the Obligations be affected, provided that the provisions of this Section 3.4 SECTION 6.12 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by “"a Borrower” " hereunder. Agent may maintain a single Loan Account in the name of “Integrated Electrical Services"Kirkland's Stores, Inc.” " hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the Obligations.

Borrowers’ Representative. Each Borrower ASB hereby irrevocably appoints Parent GSS, ------------------------- and Parent GSS agrees to act under this Agreement, as the agent and representative of itself and each other Borrower ASB for all purposes under this Agreement, including requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, and receiving account statements and other notices and communications to Borrowers (or any either of them) from AgentAgent or Lenders. Agent and Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, disbursement instructions, reports, information, Borrowing Base Certificate information or any other notice or communication made or given by ParentGSS, whether in its own name, on behalf of any Borrower ASB or on behalf of “"the Borrowers,” " and neither Agent nor any Lender shall have no any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower ASB as to the binding effect on such Borrower ASB of any such Notice of Borrowing, Notice of Conversion, Continuationrequest, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers’ ' liability for the Obligations Loans be affected, provided that the provisions of this Section 3.4 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by “"a Borrower” " hereunder. Agent may and Lenders intend to maintain a single Loan Account in the name of “Integrated Electrical Services"Gulf States Steel, Inc.” Inc. of Alabama" hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the ObligationsLoans.

Borrowers’ Representative. Each The Borrower hereby irrevocably designates and appoints Parent Xxxxxx Xxxxxx, Chief Financial Officer of the Borrower, or the then President of Borrower, as its agent and Parent the "BORROWER'S REPRESENTATIVE", for the purposes set forth herein. Xxxxxx Xxxxxx hereby accepts such designation and appointment, and agrees to serve as Borrower's Representative in connection with the Loan and actions required under the Loan Documents. Borrower or Borrower's Representative may change the person or persons authorized to act under this Agreementas Borrower's Representatives from time to time by written notice given to Lender, provided, however, that any notice given or action taken by a person that was designated a Borrower's Representative, and any action commenced, taken, or not taken by Lender at the request or direction of a person that was designated a Borrower's Representative, in each case prior to the time that Lender receives a written notice from Borrower or the Borrower's Representative or any subsequently appointed Borrower's Representative removing such person as a Borrower's Representative, shall be binding upon Borrower. All representations, warranties, certifications, deliveries and actions taken by or through the agent Borrower's Representative, shall be deemed taken by and representative of itself binding upon the Borrower, and each other Borrower for all purposes under this Agreement, including requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loanof them, and receiving account statements are hereby ratified, adopted and other notices and communications to Borrowers (or any of them) from Agentreaffirmed by the Borrower. Agent may relyNotwithstanding the foregoing, and if the Lender so requires, each Borrower shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, disbursement instructions, reports, information, Borrowing Base Certificate or any other notice or communication made or given provide the Lender with evidence that all actions taken by Parent, whether in its own name, Borrower's Representative on behalf of any a Borrower or on behalf of “the Borrowers,” and Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Notice of Borrowing, Notice of Conversion, Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers’ liability for the Obligations be affected, provided that the provisions of this Section 3.4 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by “a Borrower” hereunder. Agent may maintain a single Loan Account in the name of “Integrated Electrical Services, Inc.” hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s liability for the Obligationsbeen properly authorized.

Borrowers’ Representative. Each Borrower hereby irrevocably appoints Parent SRC, and Parent SRC agrees to act under this Agreement, as the agent and representative of itself SRC and each other Borrower for all purposes under this Agreement, including requesting Borrowings, selecting whether any Revolver Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from DIP Agent. DIP Agent may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, disbursement instructions, reports, information, Borrowing Base Certificate Certificate, or any other notice or communication made or given by ParentSRC, whether in its own name, on behalf of any Borrower Borrower, or on behalf of “the Borrowers,” and DIP Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Notice of Borrowing, Notice of Conversion, Continuation, instruction, report, information, Borrowing Base Certificate Certificate, or other notice or communication, nor shall the joint and several character of Borrowers’ liability for the Obligations be affected, ; provided that the provisions of this Section 3.4 shall not be construed so as to preclude any U.S. Borrower from directly requesting Borrowings or any Borrower from taking other actions permitted to be taken by “a Borrower” hereunder. DIP Agent may maintain a single Loan Account in the name of “Integrated Electrical Services, Inc.SRC” hereunder, and each future Borrower expressly agrees shall be deemed to have agreed to such arrangement and confirms to have confirmed that such arrangement shall have no effect on the joint and several character of such Borrower’s liability for the Obligations.

Borrowers’ Representative. Each Borrower hereby irrevocably appoints Parent SRC and Parent SRC agrees to act under this Agreement, as the agent and representative of itself SRC and each other Borrower for all purposes under this Agreement, including requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent. Agent may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, disbursement instructions, reports, information, Borrowing Base Certificate or any other notice or communication made or given by ParentSRC, whether in its own name, on behalf of any Borrower or on behalf of “the Borrowers,” and Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Notice of Borrowing, Notice of Conversion, Conversion Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers’ liability for the Obligations be affected, provided that the provisions of this Section 3.4 3.3 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by “a Borrower” hereunder. Agent may maintain a single Loan Account in the name of “Integrated Electrical Services, Inc.SRC” hereunder, and each future Borrower expressly agrees shall be deemed to have agreed to such arrangement and confirms to have confirmed that such arrangement shall have no effect on the joint and several character of such Borrower’s liability for the Obligations.

Borrowers’ Representative. Each Borrower hereby irrevocably appoints Parent APB as, and Parent agrees to APB shall act under this AgreementAgreement as, as the agent and representative of itself and each other Borrower for all purposes under this Agreement, including requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from AgentLender. Agent Lender may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, disbursement instructions, reports, information, Borrowing Base Certificate information or any other notice or communication made or given by ParentAPB, whether in its own name, on behalf of any Borrower or on behalf of “"the Borrowers,” " and Agent Lender shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Notice of Borrowing, Notice of Conversion, Continuationrequest, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers’ ' liability for the Obligations Revolver Loans be affected, provided that the provisions of this Section 3.4 3.3 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by “"a Borrower” " hereunder. Agent Lender may to maintain a single Loan Account in the name of “Integrated Electrical Services, Inc.” "APB" hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the ObligationsRevolver Loans.

Borrowers’ Representative. Each Borrower hereby irrevocably appoints Parent SED as, and Parent agrees to SED shall act under this AgreementAgreement as, as the agent and representative of itself and each other Borrower for all purposes under this Agreement, including requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from AgentLender. Agent Lender may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, disbursement instructions, reports, information, Borrowing Base Certificate information or any other notice or communication made or given by ParentSED, whether in its own name, on behalf of any Borrower or on behalf of “"the Borrowers,” " and Agent Lender shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Notice of Borrowing, Notice of Conversion, Continuationrequest, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers’ ' liability for the Obligations be affected, provided that the provisions of this Section 3.4 SECTION 3.3 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by “"a Borrower” " hereunder. Agent Lender may maintain a single Loan Account in the name of “Integrated Electrical Services"SED International, Inc.” " hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the Obligations.

Borrowers’ Representative. Each Borrower hereby irrevocably appoints Parent ProxyMed, Inc. as, and Parent agrees to ProxyMed, Inc. shall act under this AgreementAgreement as, as the agent and representative of itself and each other Borrower for all purposes under this Agreement, including requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Euro-Dollar Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from AgentLender. Agent Lender may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, disbursement instructions, reports, information, Borrowing Base Certificate information or any other notice or communication made or given by ParentProxyMed, Inc., whether in its own name, on behalf of any Borrower or on behalf of “"the Borrowers,” " and Agent Lender shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Notice of Borrowing, Notice of Conversion, Continuationrequest, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers’ ' liability for the Obligations be affected, provided that the provisions of this Section 3.4 SECTION 4.3 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by “"a Borrower” " hereunder. Agent Lender may maintain a single Loan Account in the name of “Integrated Electrical Services, Inc.” "ProxyMed" hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the Obligations.

Borrowers’ Representative. Each Borrower hereby irrevocably appoints Parent and Parent agrees to act under this Agreement, as the agent and representative of itself and each other Borrower for all purposes under this Agreement, including requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent. Agent may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, disbursement instructions, reports, information, Borrowing Base Certificate or any other notice or communication made or given by Parent, whether in its own name, on behalf of any Borrower or on behalf of “"the Borrowers,” " and Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Notice of Borrowing, Notice of Conversion, Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers’ ' liability for the Obligations be affected, provided that the provisions of this Section 3.4 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by “"a Borrower” " hereunder. Agent may maintain a single Loan Account in the name of “"Integrated Electrical Services, Inc.” " hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the Obligations.

Borrowers’ Representative. Each Borrower hereby irrevocably appoints Parent Tropical and Parent Tropical agrees to act under this Agreement, as the agent Agent and representative of itself and each other Borrower for all purposes under this Agreement, including requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent. Agent may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, disbursement instructions, reports, information, Borrowing Base Certificate information or any other notice or communication made or given by ParentTropical, whether in its own name, on behalf of any Borrower or on behalf of “"the Borrowers,” " and Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Notice of Borrowing, Notice of Conversion, Continuationrequest, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers’ ' liability for the Obligations Revolver Loans be affected, provided that the provisions of this Section 3.4 4.4 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by “"a Borrower” " hereunder. Agent may intends to maintain a single Loan Account in the name of “Integrated Electrical Services, Inc.” "Tropical Sportswear Int'l Corporation" hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the ObligationsRevolver Loans.

Borrowers’ Representative. Each Borrower hereby irrevocably appoints Parent Dyersburg, and Parent Dyersburg agrees to act under this Agreement, as the agent and representative of itself and each other Borrower for all purposes under this Agreement, including requesting Borrowings, selecting whether any Revolving Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Rate Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from AgentAgents. Agent Agents may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, disbursement instructions, reports, information, Borrowing Base Certificate information or any other notice or communication made or given by ParentDyersburg, whether in its own name, on behalf of any Borrower or on behalf of “"the Borrowers,” " and Agent neither Agents nor Lenders shall have no any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Notice of Borrowing, Notice of Conversion, Continuationrequest, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers’ ' liability for any of the Loans or other Obligations be affected, provided that the provisions of this Section 3.4 SECTION 2.5 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by “"a Borrower” " hereunder. Agent may Lenders intend to maintain a single Loan Account in the name of “Integrated Electrical Services, Inc.” "Dyersburg Corporation" hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the ObligationsRevolving Loans.

Borrowers’ Representative. Each Borrower hereby irrevocably appoints Parent Willcox, and Parent agrees to act under this Willcox agrexx xx xct undex xxxx Agreement, as the agent and representative of itself and each other Borrower for all purposes under this Agreement, including requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from AgentLender. Agent Lender may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, disbursement instructionsrequest, reports, information, Borrowing Base Certificate information or any other notice or communication made or given by ParentWillcox, whether in its own namexxxx, on xn behalf of any Borrower or on behalf of “"the Borrowers,” " and Agent Lender shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Notice of Borrowing, Notice of Conversion, Continuationrequest, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers’ ' liability for the Loans and other Obligations be affected, provided that the provisions of this Section 3.4 1.7 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by “"a Borrower” " hereunder. Agent may Lender intends to maintain a single Loan Account in the name of “Integrated Electrical Services"Willcox & Gibbs, Inc.” hereunder" hereuxxxx, and each xnd xxxx Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the Loans and other Obligations.

Borrowers’ Representative. Each Borrower hereby irrevocably appoints Parent Remington, and Parent Remington agrees to act under this AgreementAgreement as, as the agent and representative of itself and each other Borrower Factors for all purposes under this Agreement, including requesting Borrowings, selecting whether any Revolver Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Euro-Dollar Loan, and receiving account statements and other notices and communications to Borrowers (or any either of them) from Agent. Agent may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, disbursement instructions, reports, information, Borrowing Base Certificate or any other notice or communication made or given by ParentRemington, whether in its own name, on behalf of any either Borrower or on behalf of “"the Borrowers,” " and Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Notice of Borrowing, Notice of Conversion, Conversion Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers’ ' liability for the Obligations be affected, provided that the provisions of this Section 3.4 4.4 shall not be construed so as to preclude any either Borrower from directly requesting Borrowings or taking other actions permitted to be taken by “"a Borrower” " hereunder. All Revolver Loans disbursed to the account of either Borrower shall be deemed to have been made to and for the joint benefit of both Borrowers. Agent may maintain a single Loan Account in the name of “Integrated Electrical Services"Remington Arms Company, Inc.” hereunder, ," and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the Obligations.

Borrowers’ Representative. Each Borrower hereby irrevocably appoints Parent Tropical and Parent Tropical agrees to act under this Agreement, as the agent and representative of itself and each other Borrower for all purposes under this Agreement, including requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent. Agent may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, disbursement instructions, reports, information, Borrowing Base Certificate or any other notice or communication made or given by ParentTropical, whether in its own name, on behalf of any Borrower or on behalf of “"the Borrowers,” " and Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Notice of Borrowing, Notice of Conversion, Conversion Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers’ ' liability for the Obligations be affected, provided that the provisions of this Section 3.4 3.3 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by “"a Borrower” " hereunder. Agent may maintain a single Loan Account in the name of “Integrated Electrical Services, Inc.” "Tropical Sportswear Int'l Corporation" hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the Obligations.

Borrowers’ Representative. Each Borrower hereby irrevocably appoints Parent Tropical, and Parent Tropical agrees to act under this Agreement, as the agent and representative of itself and each other Borrower for all purposes under this Agreement, including requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent. Agent may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, disbursement instructions, reports, information, Borrowing Base Certificate or any other notice or communication made or given by ParentTropical, whether in its own name, on behalf of any Borrower or on behalf of “"the Borrowers,” " and Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Notice of Borrowing, Notice of Conversion, Conversion Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers’ ' liability for the Obligations be affected, provided that the provisions of this Section SECTION 3.4 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by “"a Borrower” " hereunder. Agent may maintain a single Loan Account in the name of “Integrated Electrical Services, Inc.” "Tropical Sportswear Int'l Corporation" hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the Obligations.

Borrowers’ Representative. Each Borrower hereby irrevocably appoints Parent ProxyMed as, and Parent agrees to ProxyMed shall act under this AgreementAgreement as, as the agent and representative of itself and each other Borrower for all purposes under this Agreement, including requesting BorrowingsLoans, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan, a LMIR Loan or a LIBOR Loan, submitting Borrowing Base Certificates and receiving account statements and other notices and communications to Borrowers (or any of them) from AgentBank. Agent Bank may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice notice of Conversion/Continuationconversion or continuation, disbursement instructions, reports, information, Borrowing Base Certificate information or any other notice or communication made or given by ParentProxyMed, whether in its own name, on behalf of any Borrower or on behalf of “"the Borrowers,” " and Agent Bank shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Notice of Borrowing, Notice of Conversion, Continuationrequest, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers’ ' liability for the Obligations be affected, provided that the provisions of this Section 3.4 4.3 shall not be construed so as to preclude any Borrower from directly requesting Borrowings Loans or taking other actions permitted to be taken by “"a Borrower” " hereunder. Agent Bank may maintain a single Loan Account loan account in the name of “Integrated Electrical Services, Inc.” "ProxyMed" hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the Obligations.

Borrowers’ Representative. Each Borrower of the Borrowers other than AAS hereby irrevocably appoints Parent AAS as, and Parent agrees to AAS shall act under this AgreementAgreement as, as the agent and representative of itself and each such other Borrower Borrowers for all purposes under this Agreementpurposes, including including, without being limited to, requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, Borrowings and receiving account statements and other notices and communications to the Borrowers (or any of them) from Agentthe Agent or any Lender. The Agent and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Conversion or Continuation, disbursement instructionsinstruction, reportsreport, information, Borrowing Base Certificate information or any other notice or communication made or given by ParentAAS, whether in its own name, on behalf of any other Borrower or on behalf of “"the Borrowers,” " and neither the Agent nor any Lender shall have no 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 such Borrower it of any such Notice of Borrowing, Notice of Conversion, ContinuationNotice, instruction, report, information, Borrowing Base Certificate or other notice or communicationcommunications, nor shall the joint and several character of the Borrowers’ ' liability for the Secured Obligations be affected, provided that the provisions of this Section 3.4 4.17 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by “"a Borrower” " hereunder. The Agent may and each Lender intend to maintain a single Loan Account in the name of “Integrated Electrical Services"American Aircarriers Support, Inc.” hereunder, Incorporated" hereunder and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s its liability for the Secured Obligations.

Borrowers’ Representative. Each Borrower hereby irrevocably appoints Parent Dyersburg, and Parent Dyersburg agrees to act under this Agreement, as the agent and representative of itself and each other Borrower for all purposes under this Agreement, including requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Rate Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from AgentAgents. Agent Agents may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, disbursement instructions, reports, information, Borrowing Base Certificate information or any other notice or communication made or given by ParentDyersburg, whether in its own name, on behalf of any Borrower or on behalf of “"the Borrowers,” " and Agent neither Agents nor Lenders shall have no any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Notice of Borrowing, Notice of Conversion, Continuationrequest, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers’ ' liability for any of the Loans or other Obligations be affected, provided that the provisions of this Section 3.4 SECTION 2.5 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by “"a Borrower” " hereunder. Agent may Lenders intend to maintain a single Loan Account in the name of “Integrated Electrical Services, Inc.” "Dyersburg Corporation" hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the ObligationsRevolving Loans.

Borrowers’ Representative. Each Borrower hereby irrevocably appoints Parent Remington, and Parent Remington agrees to act under this AgreementAgreement as, as the agent and representative of itself and each other Borrower Factors for all purposes under this Agreement, including requesting Borrowings, selecting whether any Revolver Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Euro-Dollar Loan, and receiving account statements and other notices and communications to Borrowers (or any either of them) from Agent. Agent may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, disbursement instructions, reports, information, Borrowing Base Certificate or any other notice or communication made or given by ParentRemington, whether in its own name, on behalf of any either Borrower or on behalf of “the Borrowers,” and Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Notice of Borrowing, Notice of Conversion, Conversion Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers’ liability for the Obligations be affected, provided that the provisions of this Section 3.4 4.4 shall not be construed so as to preclude any either Borrower from directly requesting Borrowings or taking other actions permitted to be taken by “a Borrower” hereunder. All Revolver Loans disbursed to the account of either Borrower shall be deemed to have been made to and for the joint benefit of both Borrowers. Agent may maintain a single Loan Account in the name of “Integrated Electrical ServicesRemington Arms Company, Inc.,” hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s liability for the Obligations.

Borrowers’ Representative. Each Borrower hereby irrevocably of the Borrowers other than Kellxxxxx xxxeby appoints Parent Kellxxxxx xx, and Parent agrees to Kellxxxxx xxxll act under this AgreementAgreement as, as the agent and representative of itself and each such other Borrower Borrowers for all purposes under this Agreementpurposes, including including, without being limited to, requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, Borrowings and receiving account statements and other notices and communications to the Borrowers (or any of them) from Agentthe Agent or any Lender. The Agent and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Conversion or Continuation, disbursement instructionsinstruction, reportsreport, information, Borrowing Base Certificate information or any other notice or communication made or given by ParentKellxxxxx, whether xxether in its own name, on behalf of any other Borrower or on behalf of “"the Borrowers,” " and neither the Agent nor any Lender shall have no 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 such Borrower it of any such Notice of Borrowing, Notice of Conversion, ContinuationNotice, instruction, report, information, Borrowing Base Certificate or other notice or communicationcommunications, nor shall the joint and several character of the Borrowers’ ' liability for the Secured Obligations be affected, provided PROVIDED that the provisions of this Section 3.4 SECTION 4.17 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by “"a Borrower” " hereunder. The Agent may and each Lender intend to maintain a single Loan Account in the name of “Integrated Electrical Services"Kellxxxxx Xxxustries, Inc.” hereunder, " hereunder and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s its liability for the Secured Obligations.

Borrowers’ Representative. Each Borrower hereby irrevocably appoints Parent Xxxx Companies and Parent Xxxx Companies agrees to act under this Agreement, as the agent and representative of itself and each other Borrower for all purposes under this Agreement, including requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent. Agent may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Continuation, disbursement instructions, reports, information, Borrowing Base Certificate or any other notice or communication made or given by ParentXxxx Companies, whether in its own name, on behalf of any Borrower or on behalf of “the Borrowers,” and Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Notice of Borrowing, Notice of Conversion, Conversion Continuation, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers’ liability for the Obligations be affected, provided that the provisions of this Section 3.4 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by “a Borrower” hereunder. Agent may maintain a single Loan Account in the name of “Integrated Electrical Services, Inc.Xxxx Companies” hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s liability for the Obligations.

Borrowers’ Representative. Each Borrower of LFA, Holding, Wallace, Towle, Silvestri, Rauch, Rochard, Holiday and Farberware hereby irrevocably appoints Parent Syratech and Parent agrees to Syratech shall act under this AgreementAgreement as, as the agent and representative of itself and each such other Borrower Borrowers for all purposes under this Agreementpurposes, including including, without being limited to, requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Loan or a LIBOR Loan, Borrowings and receiving account statements and other notices and communications to the Borrowers (or any of them) from Agentthe Administrative Agent or any Lender. The Administrative Agent and the Lenders may rely, and shall be fully protected in relying, on any Notice of Borrowing, Notice of Conversion/Conversion or Continuation, disbursement instructionsinstruction, reportsreport, information, Borrowing Base Certificate information or any other notice or communication made or given by ParentSyratech, whether in its own name, on behalf of any other Borrower or on behalf of “"the Borrowers,” " and neither the Administrative Agent nor any Lender shall have no any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower it of any such Notice of Borrowing, Notice of Conversion, ContinuationNotice, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of the Borrowers’ ' liability for the Secured Obligations be affected, provided that the provisions of this Section 3.4 4.17 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by “"a Borrower” " hereunder. The Administrative Agent may and each Lender intend to maintain a single Loan Account in the name of “Integrated Electrical Services, Inc.” hereunder, "Syratech Corporation" hereunder and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s its liability for the Secured Obligations.

Borrowers’ Representative. Each Borrower hereby irrevocably appoints Parent Borrower Agent and Parent Borrower Agent agrees to act under this Agreement, as the agent and representative of itself and each other Borrower for all purposes under this Agreement, including requesting Borrowings, selecting whether any Loan or portion thereof is to bear interest as a Base Prime Rate Loan or a LIBOR an Libordollar Rate Loan, and receiving account statements and other notices and communications to Borrowers (or any of them) from Agent. Agent may rely, and shall be fully protected in relying, on any Notice notice of Borrowing, Notice of Conversion/Continuationborrowing, disbursement instructions, reports, information, Borrowing Base Certificate information or any other notice or communication made or given by ParentBorrower Agent, whether in its own name, on behalf of any Borrower or on behalf of “"the Borrowers,” " and Agent shall have no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on such Borrower of any such Notice of Borrowing, Notice of Conversion, Continuationrequest, instruction, report, information, Borrowing Base Certificate or other notice or communication, nor shall the joint and several character of Borrowers’ ' liability for the Obligations be affected, provided that the provisions of this Section 3.4 SECTION 6.12 shall not be construed so as to preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by “"a Borrower” " hereunder. Agent may maintain a single Loan Account in the name of “Integrated Electrical Services"Kirkland's Stores, Inc.” " hereunder, and each Borrower expressly agrees to such arrangement and confirms that such arrangement shall have no effect on the joint and several character of such Borrower’s 's liability for the Obligations.