Common use of Borrowers’ Representative Clause in Contracts

Borrowers’ Representative. Each Borrower hereby irrevocably appoints Camping World, and Camping World agrees to act, as the agent and representative of itself and each other Borrower for all purposes under this Agreement, including requesting Advances and Letters of Credit, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Advance or a Eurodollar Advance, and receiving account statements and other notices and communications to Borrowers (or any of them) from the Administrative Agent. The Administrative Agent may rely, and shall be fully protected in relying, on any Request for Advance, Request for Issuance of Letter of Credit, Notice of Conversion/Continuation, Borrowing Base Certificate, disbursement instructions, reports, information, or any other notice or communication made or given by Camping World, whether in its own name, on behalf of any Borrower or on behalf of “Borrowers”, and the Administrative 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 Request for Advance, Request for Issuance of Letter of Credit, Notice of Conversion/Continuation, Borrowing Base Certificate, instruction, report, information or other notice or communication, nor shall the joint and several character of Borrowers’ liability for the Obligations be affected.

Appears in 2 contracts

Samples: Credit Agreement (Affinity Guest Services, LLC), Credit Agreement (Affinity Group Holding, Inc.)

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Borrowers’ Representative. Each other Borrower hereby irrevocably appoints Camping WorldWinsLoew as its representative, and Camping World agrees to act, WinsLoew shall act under this Agreement as the agent and representative of itself and each other Borrower for all purposes under this Agreementpurposes, including including, without being limited to, requesting Advances and Letters of Credit, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Advance or a Eurodollar Advance, borrowings and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Administrative AgentAgent or any Lender. The Administrative Agent and the Lenders may rely, and shall be fully protected in relying, on any Request request for Advance, Request for Issuance of Letter of Credit, Notice of Conversion/Continuation, Borrowing Base Certificateborrowing, disbursement instructionsinstruction, reportsreport, information, information or any other notice or communication made or given by Camping WorldWinsLoew, 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 Request for Advance, Request for Issuance of Letter of Credit, Notice of Conversion/Continuation, Borrowing Base Certificaterequest, instruction, report, information or other information, notice or communication, nor shall the joint and several character of the Borrowers' liability for the Secured Obligations be affected. The Administrative Agent and each Lender intend to maintain a single Loan Account in the name of "WinsLoew Furniture, 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 its liability for the Secured Obligations.

Appears in 2 contracts

Samples: Loan and Security Agreement (Winsloew Furniture Inc), Loan and Security Agreement (Winston Furniture Co of Alabama Inc)

Borrowers’ Representative. Each Borrower hereby irrevocably appoints Camping World, and Camping World agrees to act, American Tire shall act under this Agreement as the agent and representative of itself all Borrowers, and each other Borrower hereby appoints American Tire as its representative, hereunder, for all purposes under this Agreementpurposes, including requesting Advances and Letters of Credit, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Advance or a Eurodollar Advance, borrowings and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Administrative AgentAgent or any Lender. The Administrative Agent and the Lenders may rely, and shall be fully protected in relying, on any Request request for Advance, Request for Issuance of Letter of Credit, Notice of Conversion/Continuation, Borrowing Base Certificateborrowing, disbursement instructionsinstruction, reportsreport, information, information or any other notice or communication made or given by Camping WorldAmerican Tire, 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 Request for Advance, Request for Issuance of Letter of Credit, Notice of Conversion/Continuation, Borrowing Base Certificaterequest, instruction, report, information or other information, notice or communication, nor shall the joint and several character of the Borrowers’ liability for the Secured Obligations be affected. The Administrative Agent and each Lender intend to maintain a single loan account in the name of “American Tire Distributors, 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 its liability for the Secured Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Texas Market Tire, Inc.)

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Borrowers’ Representative. Each Borrower hereby irrevocably appoints Camping World, and Camping World agrees to act, American Tire shall act under this Agreement as the agent and representative of itself all Borrowers, and each other Borrower hereby appoints American Tire as its representative, hereunder, for all purposes under this Agreementpurposes, including requesting Advances and Letters of Credit, selecting whether any Loan or portion thereof is to bear interest as a Base Rate Advance or a Eurodollar Advance, borrowings and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Administrative AgentAgent or any Lender. The Administrative Agent and the Lenders may rely, and shall be fully protected in relying, on any Request request for Advance, Request for Issuance of Letter of Credit, Notice of Conversion/Continuation, Borrowing Base Certificateborrowing, disbursement instructionsinstruction, reportsreport, information, information or any other notice or communication made or given by Camping WorldAmerican Tire, 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 Request for Advance, Request for Issuance of Letter of Credit, Notice of Conversion/Continuation, Borrowing Base Certificaterequest, instruction, report, information or other information, notice or communication, nor shall the joint and several character of the Borrowers' liability for the Secured Obligations be affected. The Administrative Agent and each Lender intend to maintain a single Loan Account in the name of "American Tire Distributors, 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 its liability for the Secured Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (American Tire Distributors Inc)

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