Common use of Borrowers’ Representative Clause in Contracts

Borrowers’ Representative. Each other Borrower hereby irrevocably appoints Xxxxxxx as its representative, and Xxxxxxx shall act under this Agreement as the representative of each Borrower for all purposes, including, without being limited to, requesting borrowings and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Administrative Agent or any Lender. The Administrative Agent and the Lenders may rely, and shall be fully protected in relying, on any request for borrowing, disbursement instruction, report, information or any other notice or communication made or given by Xxxxxxx, 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 any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, 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 "Xxxxxxx 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 its liability for the Secured Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Russell Corp)

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Borrowers’ Representative. Each other Borrower hereby irrevocably appoints Xxxxxxx as its representative, and Xxxxxxx Ridgeview shall act under this Agreement as the representative of all Borrowers, and each other Borrower hereby appoints Ridgeview as its representative, hereunder, for all purposes, including, without being limited to, requesting borrowings and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Administrative Agent or any Lender. The Administrative Agent and the Lenders may rely, and shall be fully protected in relying, on any request for borrowing, disbursement instruction, report, information or any other notice or communication made or given by XxxxxxxRidgeview, 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 any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, 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 "Xxxxxxx CorporationRidgeview, 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 (Ridgeview Inc)

Borrowers’ Representative. Each other Borrower hereby irrevocably appoints Xxxxxxx as its representative, and Xxxxxxx shall Heafxxx xxxll act under this Agreement as the representative of all Borrowers, and each other Borrower hereby appoints Heafxxx xx its representative, hereunder, for all purposes, including, without being limited to, requesting borrowings and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Administrative Agent or any Lender. The Administrative Agent and the Lenders may rely, and shall be fully protected in relying, on any request for borrowing, disbursement instruction, report, information or any other notice or communication made or given by XxxxxxxHeafxxx, whether xxether 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 any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, 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 "Xxxxxxx CorporationHeafxxx Xxxe Group, 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 (Heafner Tire Group Inc)

Borrowers’ Representative. Each other Borrower hereby irrevocably appoints Xxxxxxx as its representative, and Xxxxxxx shall Heafxxx xxxll act under this Agreement as the representative of all Borrowers, and each other Borrower hereby appoints Heafxxx xx its representative, hereunder, for all purposes, including, without being limited to, requesting borrowings and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Administrative Agent or any Lender. The Administrative Agent and the Lenders may rely, and shall be fully protected in relying, on any request for borrowing, disbursement instruction, report, information or any other notice or communication made or given by XxxxxxxHeafxxx, whether xxether 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 any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, 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 "Xxxxxxx 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 its liability for the Secured Obligations.The J.

Appears in 1 contract

Samples: Loan and Security Agreement (Phoenix Racing Inc)

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Borrowers’ Representative. Each other Borrower hereby irrevocably appoints Xxxxxxx as its representative, and Xxxxxxx MasTec shall act under this Agreement as the representative of all Borrowers, and each other Borrower hereby appoints MasTec as its representative hereunder for all purposes, including, without being limited to, requesting borrowings and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Administrative Agent or any Lender. The Administrative Agent and the Lenders may rely, and shall be fully protected in relying, on any request for borrowing, disbursement instruction, report, information or any other notice or communication made or given by XxxxxxxMasTec, 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 any obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it of any such request, instruction, report, information, 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 "Xxxxxxx CorporationMasTec, 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: Revolving Credit and Security Agreement (Mastec Inc)

Borrowers’ Representative. Each other Borrower hereby irrevocably appoints Xxxxxxx as its representative-------------------------- Litchfield as, and Xxxxxxx Litchfield shall act under this Agreement as the Loan Documents as, the representative of each Borrower for all purposespurposes under the Loan Documents, including, without being limited to, including requesting borrowings Borrowings and receiving account statements and other notices and communications to the Borrowers (or any of them) from the Administrative Agent or any Lender. The Administrative Agent and the Lenders Lender may rely, and shall be fully protected in relying, on any request for borrowingdisbursement instructions, disbursement instruction, reportreports, information or any other notice or communication made or given by XxxxxxxLitchfield, 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 any no obligation to make any inquiry or request any confirmation from or on behalf of any other Borrower as to the binding effect on it such Borrower of any such request, instruction, report, information, notice or communication, nor shall the joint and several character of the Borrowers' liability for the Secured Obligations Revolver Loans be affected. The Administrative Agent and each Lender intend , provided that the provisions of this Section 4.13 shall not be construed so as to maintain preclude any Borrower from directly requesting Borrowings or taking other actions permitted to be taken by "a single Loan Account in the name of "Xxxxxxx CorporationBorrower" 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 Obligationshereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Litchfield Financial Corp /Ma)

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