Common use of Borrowing Agency Provisions Clause in Contracts

Borrowing Agency Provisions. (a) Each Borrower hereby irrevocably designates Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or Borrowers, and hereby authorizes Agent to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Agent.

Appears in 118 contracts

Samples: Credit and Security Agreement (ARKO Corp.), Credit and Security Agreement (ARKO Corp.), Credit and Security Agreement (ARKO Corp.)

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Borrowing Agency Provisions. (a) Each Borrower Company hereby irrevocably designates Borrowing Company Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or BorrowersCompany, and hereby authorizes Agent Laurus to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Company Agent.

Appears in 50 contracts

Samples: Security Agreement (Elandia International Inc.), Security Agreement (Accentia Biopharmaceuticals Inc), Security Agreement (Spacedev Inc)

Borrowing Agency Provisions. (a) Each Borrower hereby irrevocably designates Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or Borrowers, and hereby authorizes Agent Lender to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Agent.

Appears in 4 contracts

Samples: Term Loan and Security Agreement (Allied Motion Technologies Inc), Security Agreement (E Com Ventures Inc), Loan and Security Agreement (Fastnet Corp)

Borrowing Agency Provisions. (a) Each Borrower Company hereby irrevocably designates Borrowing Company Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or BorrowersCompany, and hereby authorizes the Agent to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Company Agent.

Appears in 4 contracts

Samples: Security Agreement (Rapid Link Inc), Security Agreement (ProLink Holdings Corp.), Security Agreement (Sten Corp)

Borrowing Agency Provisions. (a) Each Borrower hereby irrevocably designates Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or Borrowers, and hereby authorizes Administrative Agent to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Agent.

Appears in 4 contracts

Samples: Security Agreement (Skullcandy, Inc.), Revolving Credit and Security Agreement (Comforce Corp), Security Agreement (Imco Recycling Inc)

Borrowing Agency Provisions. (a) Each Borrower hereby irrevocably designates the Borrowing Agent to be its attorney and agent and in such capacity to borrowreceive all Term Loan proceeds, sign and endorse notesreceive all notices on behalf of the Borrowers under this Agreement, make all requests under this Agreement, and execute execute, deliver and deliver receive all instruments, certificates, requests, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or Borrowers, and hereby authorizes Agent the Lender to pay over or credit all loan proceeds hereunder in accordance with the request of the Borrowing Agent.

Appears in 3 contracts

Samples: Term Loan Agreement (Goldman Sachs Group Inc), Term Loan Agreement (McNeil Real Estate Fund Xxvi Lp), Term Loan Agreement (Goldman Sachs Group Inc)

Borrowing Agency Provisions. (a) Each Borrower of Company and each Eligible Subsidiary hereby irrevocably designates Borrowing Company Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower Company or BorrowersEligible Subsidiary, and hereby authorizes Agent Laurus to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Company Agent.

Appears in 3 contracts

Samples: Security and Purchase Agreement (Maxim Mortgage Corp/), Security Agreement (Return on Investment Corp), Security Agreement (Hesperia Holding Inc)

Borrowing Agency Provisions. (a) Each Borrower hereby irrevocably designates the Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all notices, instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or the Borrowers, and hereby authorizes the Agent to pay over or credit all loan proceeds of Advances hereunder in accordance with the request requests of the Borrowing Agent.

Appears in 2 contracts

Samples: Credit and Security Agreement (Stoneridge Inc), Credit and Security Agreement (Stoneridge Inc)

Borrowing Agency Provisions. (ai) Each Borrower hereby irrevocably designates Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or Borrowers, and hereby authorizes Agent and Lender to pay over or credit all loan proceeds of the Loans hereunder in accordance with the request of Borrowing Agent.

Appears in 2 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Sl Industries Inc)

Borrowing Agency Provisions. (a) Each Borrower Company hereby irrevocably designates Borrowing Company Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or BorrowersCompany, and hereby authorizes Agent Lender to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Company Agent.

Appears in 2 contracts

Samples: Security Agreement (Digital Angel Corp), Security Agreement (Applied Digital Solutions Inc)

Borrowing Agency Provisions. (a) Each Borrower hereby irrevocably designates the Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or Borrowers, and hereby authorizes the Administrative Agent to pay over or credit all loan proceeds hereunder in accordance with the request of the Borrowing Agent.

Appears in 2 contracts

Samples: Credit Agreement (Activision Inc /Ny), Credit Agreement (Activision Inc /Ny)

Borrowing Agency Provisions. (a) Each Borrower Company hereby irrevocably designates Borrowing Company Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower Company or BorrowersCompanies, and hereby authorizes Agent Laurus to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Company Agent.

Appears in 2 contracts

Samples: Security Agreement (Elinear Inc), Purchase and Security Agreement (Jmar Technologies Inc)

Borrowing Agency Provisions. (ai) Each Borrower Borrowers hereby irrevocably designates designate Borrowing Agent to be its their attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or Borrowers, and hereby authorizes Agent authorize Lender to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Agent.

Appears in 2 contracts

Samples: Security Agreement (Spar Group Inc), Credit and Security Agreement (Spar Group Inc)

Borrowing Agency Provisions. (a) Each Borrower hereby irrevocably designates the Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or the Borrowers, and hereby authorizes the Agent to pay over or credit all loan proceeds hereunder in accordance with the request of the Borrowing Agent.

Appears in 2 contracts

Samples: Security Agreement (Lesco Inc/Oh), Revolving Credit (Radnor Holdings Corp)

Borrowing Agency Provisions. (a) a. Each Borrower hereby irrevocably designates Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or Borrowers, and hereby authorizes Agent to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Agent.

Appears in 1 contract

Samples: Credit and Security Agreement (Compudyne Corp)

Borrowing Agency Provisions. (a) Each Borrower hereby irrevocably designates Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or Borrowers, and hereby authorizes Agent Access Capital to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Agent.

Appears in 1 contract

Samples: Loan and Security Agreement (Magnavision Corporation)

Borrowing Agency Provisions. (a) 13.1. Each Borrower hereby irrevocably designates Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or Borrowers, and hereby authorizes Agent Lender to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Agent.

Appears in 1 contract

Samples: Loan and Security Agreement (CFP Holdings Inc)

Borrowing Agency Provisions. (aA) Each Borrower hereby irrevocably designates Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or Borrowers, and hereby authorizes Agent to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Agent.

Appears in 1 contract

Samples: Loan Agreement (ReFinance America, LTD)

Borrowing Agency Provisions. (a) Each Borrower hereby irrevocably designates Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or BorrowersBorrower, and hereby authorizes Agent to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Agent.

Appears in 1 contract

Samples: Security Agreement (HMG Worldwide Corp)

Borrowing Agency Provisions. (a) Each Borrower hereby irrevocably designates the Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all notices, instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or the Borrowers, and hereby authorizes the Agent to pay over or credit all loan proceeds of Advances hereunder in accordance with the request requests of the Borrowing Agent.. 117

Appears in 1 contract

Samples: Credit and Security (Stoneridge Inc)

Borrowing Agency Provisions. (a) Each Borrower hereby irrevocably designates Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or Borrowers, and hereby authorizes Agent Term B Lender to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Agent.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Air Industries Group, Inc.)

Borrowing Agency Provisions. (a) Each Borrower hereby irrevocably designates the Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or the Borrowers, and hereby authorizes Agent the Lender to pay over or credit all loan proceeds hereunder in accordance with the request of the Borrowing Agent.

Appears in 1 contract

Samples: And (Blonder Tongue Laboratories Inc)

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Borrowing Agency Provisions. (a) Each Borrower hereby irrevocably designates the Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or Borrowers, and hereby authorizes Agent to pay over or credit all loan proceeds hereunder in accordance with the request of the Borrowing Agent.

Appears in 1 contract

Samples: Revolving Credit, Term Loan and Security Agreement (Pietrafesa Corp)

Borrowing Agency Provisions. (a) Each Borrower hereby irrevocably designates Borrowing Agent to be its attorney and agent and in such capacity to borrow, request the issuance of Letters of Credit, make elections as to interest, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or Borrowers, and hereby authorizes Agent to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Agent.

Appears in 1 contract

Samples: Loan and Security Agreement (Swenson Granite Co LLC)

Borrowing Agency Provisions. (a) Each Borrower hereby irrevocably designates the Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or Borrowers, and hereby authorizes the Agent to pay over or credit all loan proceeds hereunder in accordance with the request of the Borrowing Agent.

Appears in 1 contract

Samples: Financing Agreement (Northwestern Corp)

Borrowing Agency Provisions. (a) Each Borrower hereby irrevocably designates Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or Borrowers, and hereby authorizes Agent to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Agent.. 101

Appears in 1 contract

Samples: Guaranty, and Security Agreement (Rocky Brands, Inc.)

Borrowing Agency Provisions. (a) Each Borrower Obligor hereby irrevocably designates Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower Obligor or BorrowersObligors, and hereby authorizes authorises Agent to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Agent.

Appears in 1 contract

Samples: Agreement (Styrochem U S Inc)

Borrowing Agency Provisions. (a) Each Borrower hereby irrevocably designates Borrowing Agent the Designated Borrower to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or and hereafter required hereunder, on behalf of such Borrower or BorrowersBorrower, and hereby authorizes Agent the Lender to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Agentthe Designated Borrower.

Appears in 1 contract

Samples: Security and Pledge Agreement (Novo Networks Inc)

Borrowing Agency Provisions. (a) Each Borrower hereby irrevocably designates Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, 120 documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or Borrowers, and hereby authorizes Agent to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Agent.

Appears in 1 contract

Samples: Credit and Security Agreement (Emerge Energy Services LP)

Borrowing Agency Provisions. (a) Each Borrower hereby irrevocably designates Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf Behalf of such Borrower or BorrowersBorrower, and hereby authorizes Agent to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Agent.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Direct Digital Holdings, Inc.)

Borrowing Agency Provisions. (a) Each Borrower hereby irrevocably designates Borrowing Agent to be its attorney and agent and in such capacity to (i) borrow, (ii) sign and endorse notes, (iii) make elections regarding interest rates, and execute (iv) otherwise take action under and deliver in connection with this Agreement and the Loan Documents, all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of and in the name of such Borrower or Borrowers, and hereby authorizes the Administrative Agent to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Agent.

Appears in 1 contract

Samples: Credit Agreement (Yuma Energy, Inc.)

Borrowing Agency Provisions. (a) Each Borrower hereby irrevocably designates Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, hereunder and to receive any notice hereunder on behalf of such Borrower or BorrowersBorrower, and hereby authorizes authorises Agent to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Agent.

Appears in 1 contract

Samples: Agreement (Styrochem U S Inc)

Borrowing Agency Provisions. (a) Each Borrower hereby irrevocably designates Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required 91 Execution Copy hereunder, on behalf of such Borrower or Borrowers, and hereby authorizes Agent to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Agent.

Appears in 1 contract

Samples: Security Agreement (NYTEX Energy Holdings, Inc.)

Borrowing Agency Provisions. (aA) Each Notwithstanding anything to the contrary herein provided, each Borrower hereby irrevocably designates Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or Borrowers, and hereby authorizes Collateral Monitoring Agent to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Agent.

Appears in 1 contract

Samples: Loan and Security Agreement (Belding Heminway Co Inc /De/)

Borrowing Agency Provisions. (a) 14.1 Each Borrower hereby irrevocably designates Borrowing Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower or BorrowersBorrower, and hereby authorizes Agent Lender to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Agent.

Appears in 1 contract

Samples: Loan Agreement (Build a Bear Workshop Inc)

Borrowing Agency Provisions. (a) Each Borrower Company hereby irrevocably designates Borrowing Company Agent to be its attorney and agent and in such capacity to borrow, sign and endorse notes, and execute and deliver all instruments, documents, writings and further assurances now or hereafter required hereunder, on behalf of such Borrower Company or BorrowersCompanies, and hereby authorizes Agent Access Capital to pay over or credit all loan proceeds hereunder in accordance with the request of Borrowing Company Agent.

Appears in 1 contract

Samples: Loan and Security Agreement (TSR Inc)

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