Common use of Borrowers’ Representative Clause in Contracts

Borrowers’ Representative. Each of the Borrowers hereby appoints the Company as its non-exclusive representative, and grants to the Company an irrevocable power of attorney to act as its attorney-in-fact, with regard to all matters relating to this Agreement and each of the other Loan Documents, including, without limitation, execution and delivery of any Notice of Borrowing, and amendments, supplements, waivers or other modifications hereto or thereto, receipt of any notices hereunder or thereunder and receipt of service of process in connection herewith or therewith and making all elections as to interest rates and interest payment dates. (In such capacity, the Company is herein referred to as the “Borrowers’ Representative.”) The Administrative Agent and the Lenders shall be entitled to rely exclusively on the Borrowers’ Representative’s authority so to act in each instance without inquiry or investigation, and each of the Borrowers hereby agrees to indemnify and hold harmless the Administrative Agent and the Lenders for any losses, costs, delays, errors, claims, penalties or charges arising from or out of the Borrowers’ Representative’s actions pursuant to this Section 2.20 and the Administrative Agent’s and the Lenders’ reliance thereon and hereon. Notice from the Borrowers’ Representative shall be deemed to be notice from all of the Borrowers and notice to the Borrowers’ Representative shall be deemed to be notice to all of the Borrowers. Nothing in this Section 2.20 shall vitiate or be held contrary to the Borrowers’ representations and covenants regarding the Loans or the net worth or solvency of the Borrowers made herein or in any of the Loan Documents.

Borrowers’ Representative. Each of the Borrowers hereby appoints the Company as its non-exclusive representative, and grants to the Company an irrevocable power of attorney to act as its attorney-in-fact, with regard to all matters relating to this Agreement and each of the other Loan Documents, including, without limitation, execution and delivery of any Notice of Borrowing, and amendments, supplements, waivers or other modifications hereto or thereto, receipt of any notices hereunder or thereunder and receipt of service of process in connection herewith or therewith and making all elections as to interest rates and interest payment dates. (In such capacity, the Company is herein referred to as the “"Borrowers’ ' Representative.”") The Administrative Agent and the Lenders Banks shall be entitled to rely exclusively on the Borrowers’ ' Representative’s 's authority so to act in each instance without inquiry or investigation, and each of the Borrowers hereby agrees to indemnify and hold harmless the Administrative Agent and the Lenders Banks for any losses, costs, delays, errors, claims, penalties or charges arising from or out of the Borrowers’ ' Representative’s 's actions pursuant to this Section 2.20 and the Administrative Agent’s 's and the Lenders’ Banks' reliance thereon and hereon. Notice from the Borrowers’ ' Representative shall be deemed to be notice from all of the Borrowers and notice to the Borrowers’ ' Representative shall be deemed to be notice to all of the Borrowers. Nothing in this Section 2.20 shall vitiate or be held contrary to the Borrowers’ ' representations and covenants regarding the Loans or the net worth or solvency of the Borrowers made herein or in any of the Loan Documents.

Borrowers’ Representative. Each of the Borrowers hereby appoints the Company as its non-exclusive representative, and grants to the Company an irrevocable power of attorney to act as its attorney-in-fact, with regard to all matters relating to this Agreement and each of the other Loan Documents, including, without limitation, execution and delivery of any Notice of Borrowing, and amendments, supplements, waivers or other modifications hereto or thereto, receipt of any notices hereunder or thereunder and receipt of service of process in connection herewith or therewith and making all elections as to interest rates and interest payment dates. (In such capacity, the Company is herein referred to as the “Borrowers’ Representative.”) The Administrative Agent and the Lenders Banks shall be entitled to rely exclusively on the Borrowers’ Representative’s authority so to act in each instance without inquiry or investigation, and each of the Borrowers hereby agrees to indemnify and hold harmless the Administrative Agent and the Lenders Banks for any losses, costs, delays, errors, claims, penalties or charges arising from or out of the Borrowers’ Representative’s actions pursuant to this Section 2.20 and the Administrative Agent’s and the LendersBanks’ reliance thereon and hereon. Notice from the Borrowers’ Representative shall be deemed to be notice from all of the Borrowers and notice to the Borrowers’ Representative shall be deemed to be notice to all of the Borrowers. Nothing in this Section 2.20 shall vitiate or be held contrary to the Borrowers’ representations and covenants regarding the Loans or the net worth or solvency of the Borrowers made herein or in any of the Loan Documents.

Borrowers’ Representative. Each of the Borrowers hereby appoints the Company as its non-exclusive representative, and grants to the Company an irrevocable power of attorney to act as its attorney-in-fact, with regard to all matters relating to this Agreement and each of the other Loan Documents, including, without limitation, execution and delivery of any Notice of Borrowing, and amendments, supplements, waivers or other modifications hereto or thereto, receipt of any notices hereunder or thereunder and receipt of service of process in connection herewith or therewith and making all elections as to interest rates and interest payment dates. dates (In in such capacity, the Company is herein referred to as the “Borrowers’ Representative.”) ). The Administrative Agent and the Lenders shall be entitled to rely exclusively on the Borrowers’ Representative’s authority to so to act in each instance without inquiry or investigation, and each of the Borrowers hereby agrees to indemnify and hold harmless the Administrative Agent and the Lenders for any losses, costs, delays, errors, claims, penalties or charges arising from or out of the Borrowers’ Representative’s actions pursuant to this Section 2.20 and the Administrative Agent’s and the Lenders’ reliance thereon and hereon. Notice from the Borrowers’ Representative shall be deemed to be notice from all of the Borrowers and notice to the Borrowers’ Representative shall be deemed to be notice to all of the Borrowers. Nothing in this Section 2.20 shall vitiate or be held contrary to the Borrowers’ representations and covenants regarding the Loans or the net worth or solvency of the Borrowers made herein or in any of the Loan Documents. Nothing in this Section 2.20 shall vitiate or be held contrary to the Borrowers’ representations and covenants regarding the Loans or the net worth or solvency of the Borrowers made herein or in any of the Loan Documents. The German Borrower and each other Borrower incorporated, or established (as the case may be), in Germany hereby relieves the Borrowers’ Representative from the restrictions pursuant to section 181 of the German Civil Code (Bürgerliches Gesetzbuch, BGB) for the purpose of this Section 2.20 and the power of attorney granted hereunder.

Borrowers’ Representative. Each of the Borrowers hereby appoints the Company as its non-exclusive non‑exclusive representative, and grants to the Company an irrevocable power of attorney to act as its attorney-in-fact, with regard to all matters relating to this Agreement and each of the other Loan Documents, including, without limitation, execution and delivery of any Notice of Borrowing, and amendments, supplements, waivers or other modifications hereto or thereto, receipt of any notices hereunder or thereunder and receipt of service of process in connection herewith or therewith and making all elections as to interest rates and interest payment dates. (In such capacity, the Company is herein referred to as the “Borrowers’ Representative.”) The Administrative Agent and the Lenders shall be entitled to rely exclusively on the Borrowers’ Representative’s authority so to act in each instance without inquiry or investigation, and each of the Borrowers hereby agrees to indemnify and hold harmless the Administrative Agent and the Lenders for any losses, costs, delays, errors, claims, penalties or charges arising from or out of the Borrowers’ Representative’s actions pursuant to this Section 2.20 and the Administrative Agent’s and the Lenders’ reliance thereon and hereon. Notice from the Borrowers’ Representative shall be deemed to be notice from all of the Borrowers and notice to the Borrowers’ Representative shall be deemed to be notice to all of the Borrowers. Nothing in this Section 2.20 shall vitiate or be held contrary to the Borrowers’ representations and covenants regarding the Loans or the net worth or solvency of the Borrowers made herein or in any of the Loan Documents.

Borrowers’ Representative. Each of the Borrowers hereby appoints the Company Right Management Consultants, Inc. as its non-exclusive representative, and grants to the Company Right Management Consultants, Inc. an irrevocable power of attorney to act as its attorney-in-fact, with regard to all matters relating to this Agreement and each of the other Loan Documents, including, without limitation, execution and delivery of any Notice of Borrowing, and amendments, supplements, waivers or other modifications hereto or thereto, receipt of any notices hereunder or thereunder and receipt of service of process in connection herewith or therewith and making all elections as to interest rates and interest payment dates. (In such capacity, the Company Right Management Consultants, Inc. is herein referred to as the “"Borrowers’ ' Representative.”") The Administrative Agent and the Lenders Banks shall be entitled to rely exclusively on the Borrowers’ ' Representative’s 's authority so to act in each instance without inquiry or investigation, and each of the Borrowers hereby agrees to indemnify and hold harmless the Administrative Agent and the Lenders Banks for any losses, costs, delays, errors, claims, penalties or charges arising from or out of the Borrowers’ ' Representative’s 's actions pursuant to this Section 2.20 and the Administrative Agent’s 's and the Lenders’ Banks' reliance thereon and hereon. Notice from the Borrowers’ ' Representative shall be deemed to be notice from all of the Borrowers and notice to the Borrowers’ ' Representative shall be deemed to be notice to all of the Borrowers. Nothing in this Section 2.20 shall vitiate or be held contrary to the Borrowers’ ' representations and covenants regarding the Loans or the net worth or solvency of the Borrowers made herein or in any of the Loan Documents.

Borrowers’ Representative. Each of the Borrowers hereby appoints the Company as its non-exclusive representative, and grants to the Company an irrevocable power of attorney to act as its attorney-in-fact, with regard to all matters relating to this Agreement and each of the other Loan DocumentsDocument, including, without limitation, execution and delivery of any Notice of Borrowing, and amendments, supplements, waivers or other modifications hereto or thereto, receipt of any notices hereunder or thereunder and receipt of service of process in connection herewith or therewith and making all elections as to interest rates and interest payment dates. (In such capacity, the Company is herein referred to as the “Borrowers’ Representative.”) The Administrative Agent and the Lenders Banks shall be entitled to rely exclusively on the Borrowers’ Representative’s Company's authority so to act in each instance without inquiry or investigation, and each of the Borrowers hereby agrees to indemnify and hold harmless the Administrative Agent and the Lenders Banks for any losses, costs, delays, errors, claims, penalties or charges arising from or out of the Borrowers’ Representative’s Company's actions pursuant to this Section 2.20 subsection 2.23 and the Administrative Agent’s 's and the Lenders’ Banks' reliance thereon and hereon. Notice from the Borrowers’ Representative Company shall be deemed to be notice from all of the Borrowers and notice to the Borrowers’ Representative Company shall be deemed to be notice to all of the Borrowers. Nothing in this Section 2.20 subsection 2.23 shall vitiate or be held contrary to each of the Borrowers’ Borrower's representations and covenants regarding the Loans or the net worth or solvency of the Borrowers made herein or in any of the Loan Documents. Each of the Borrowers hereby explicitly acknowledges that the Agent and each Bank has executed and delivered this Agreement and each other Loan Document to which it is a party, and has performed its obligations under this Agreement and each other Loan Document to which it is a party, in reliance upon the irrevocable grant of such power of attorney pursuant to this subsection 2.23.

Borrowers’ Representative. Each of the Borrowers hereby appoints the Parent Company as its non-exclusive representative, representative for providing notices and grants reports to and otherwise communicating with the Company an irrevocable power of attorney to act as its attorney-in-fact, with regard to all matters relating to Agent and the Banks under this Agreement and each of or the other Loan Documents, includingincluding without limitation making requests for Loans and Letters of Credit hereunder, without limitation, execution and delivery providing information on behalf of any Notice one or more of Borrowing, the Borrowers and amendments, supplements, waivers for receiving communications and notices from the Agent or other modifications hereto or thereto, receipt of any notices hereunder or thereunder and receipt of service of process in connection herewith or therewith and making all elections as to interest rates and interest payment datesthe Banks. (In such capacity, the Parent Company is herein referred to as the “"Borrowers’ ' Representative.”) "). The Administrative Agent and the Lenders Banks shall be entitled to rely exclusively on the Borrowers’ ' Representative’s 's authority so to act in each instance without inquiry or investigation, and each of the Borrowers hereby agrees to indemnify and hold harmless the Administrative Agent and the Lenders Banks for any losses, costs, delays, errors, claims, penalties or charges arising from or out of the Borrowers’ ' Representative’s 's actions pursuant to this Section 2.20 2.17 and the Administrative Agent’s Agent and the Lenders’ Banks reliance thereon and hereon. Notice from the Borrowers’ ' Representative shall be deemed to be notice from all of the Borrowers and notice to the Borrowers’ ' Representative shall be deemed to be notice to all of the Borrowers. Nothing in this Section 2.20 2.17 shall vitiate or be held contrary to the Borrowers’ ' representations and covenants regarding the Loans Borrowings or the net worth or solvency of the Borrowers made herein or in any of the Loan Documents.