Common use of Confirmation of Authority; Execution of Releases Clause in Contracts

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent's authority to act without any specific or further authorization or consent by Lenders (as set forth in subsection 9.1(H)(1) above), each Lender agrees to confirm in writing, upon request by Agent or Borrowing Agent, the authority to release any Collateral conferred upon Agent under clauses (a) and (b) of subsection 9.1(H)(1). To the extent Agent agrees to release any Lien granted to or held by Agent as authorized under subsection 9.1(H)(1), (a) Agent is hereby irrevocably authorized by Lenders to, execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of Agent and Lenders, upon such Collateral; provided, however, that Agent shall not be required to execute any such document on terms which, in Agent's opinion, would expose Agent to liability or create upon Agent any obligation or entail any consequence other than the release of such Liens without recourse or warranty, and (b) Loan Parties shall provide at least ten (10) Business Days prior written notice of any request for any document evidencing such release of the Liens and Loan Parties agree that any such release shall not in any manner discharge, affect or impair the Obligations or any Liens granted to Agent on behalf of Agent and Lenders upon (or obligations of any Loan Party, in respect of) all interests retained by any Loan Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the property covered by this Agreement or the Loan Documents.

Appears in 3 contracts

Samples: Loan and Security Agreement (BNS Holding, Inc.), Loan and Security Agreement (BNS Holding, Inc.), Loan and Security Agreement (Rocky Shoes & Boots Inc)

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Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent's authority to act without any specific or further authorization or consent by Lenders (as set forth in subsection 9.1(H)(1) above)Lenders, each Lender agrees to confirm in writing, upon request by Agent or Borrowing AgentBorrower, the authority to release any Collateral conferred property covered by this Agreement or the Loan Documents. So long as no Event of Default is then continuing, upon receipt by Agent under clauses (a) and (b) of subsection 9.1(H)(1). To confirmation from the extent Agent agrees requisite percentage of Lenders, of its authority to release any Lien granted to particular item or held types of property covered by this Agreement or the Loan Documents, and upon at least five (5) Business Days prior written request by Borrower, Agent as authorized under subsection 9.1(H)(1), shall (a) Agent and is hereby irrevocably authorized by Lenders to, ) execute such documents as may be necessary to evidence the release of the Liens granted to Agent, Agent for the benefit of Agent and Lenders, Lenders herein or pursuant hereto upon such Collateral; provided, however, that (i) Agent shall not be required to execute any such document on terms which, in Agent's opinion, would expose Agent to liability or create upon Agent any obligation or entail any consequence other than the release of such Liens without recourse or warranty, and (bii) Loan Parties shall provide at least ten (10) Business Days prior written notice of any request for any document evidencing such release of the Liens and Loan Parties agree that any such release shall not in any manner discharge, affect or impair the Obligations or any Liens granted to Agent on behalf of Agent and Lenders upon (or obligations of any Loan Party, in respect of) ), all interests retained by any Loan Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the property covered by this Agreement or the Loan Documents.

Appears in 2 contracts

Samples: Loan and Security Agreement (Mdu Communications International Inc), Loan and Security Agreement (Mdu Communications International Inc)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent's ’s authority to act without any specific or further authorization or consent by Lenders (as set forth in subsection 9.1(H)(1) above), each Lender agrees to confirm in writing, upon request by Agent or Borrowing Agent, the authority to release any Collateral conferred upon Agent under clauses (a) and (b) of subsection 9.1(H)(1). To the extent Agent agrees to release any Lien granted to or held by Agent as authorized under subsection 9.1(H)(1), (a) Agent is hereby irrevocably authorized by Lenders to, execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of Agent and Lenders, upon such Collateral; provided, however, that Agent shall not be required to execute any such document on terms which, in Agent's ’s opinion, would expose Agent to liability or create upon Agent any obligation or entail any consequence other than the release of such Liens without recourse or warranty, and (b) Loan Parties shall provide at least ten (10) Business Days prior written notice of any request for any document evidencing such release of the Liens and Loan Parties agree that any such release shall not in any manner discharge, affect or impair the Obligations or any Liens granted to Agent on behalf of Agent and Lenders upon (or obligations of any Loan Party, in respect of) all interests retained by any Loan Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the property covered by this Agreement or the Loan Documents.

Appears in 1 contract

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

Confirmation of Authority; Execution of Releases. Without in any manner limiting Administrative Agent's ’s authority to act without any specific or further authorization or consent by Lenders (as set forth in subsection 9.1(H)(1) aboveSubsection 8.2(I)(1)), each Lender agrees to confirm in writing, upon request by Administrative Agent or Borrowing AgentBorrower, the authority to release any Collateral property covered by the Security Documents conferred upon Administrative Agent under clauses (ai) and through (biii) of subsection 9.1(H)(1the first sentence of Subsection 8.2(I)(1). To the extent Upon receipt by Administrative Agent agrees of confirmation from Lenders of its authority to release or compromise any Lien granted to particular item or held types of property covered by Agent as authorized the Security Documents under subsection 9.1(H)(1clauses (i) through (iii) of the first sentence of Subsection 8.2(I)(1), and upon at least ten (a10) Business Days prior written request by Borrower, Administrative Agent shall (and is hereby irrevocably authorized by Lenders to, ) execute such documents as may be necessary to evidence the release or compromise of the Liens granted to Administrative Agent, for the benefit of Agent Agents and Lenders, upon such Collateral; provided, however, provided that (i) Administrative Agent shall not be required to execute any such document on terms which, in Administrative Agent's ’s opinion, would expose Administrative Agent to liability or create upon Agent any obligation or entail any consequence other than the release or compromise of such Liens without recourse or warranty, and (bii) Loan Parties shall provide at least ten (10) Business Days prior written notice of any request for any document evidencing such release of the Liens and Loan Parties agree that any such release or compromise shall not in any manner discharge, affect or impair the Obligations or any Liens granted to Agent on behalf of Agent and Lenders upon (or obligations of any Loan PartyBorrower, in respect of) ), all interests retained by any Loan PartyBorrower in the Collateral, including, without limitation, including the proceeds of any salesale or other disposition of Collateral, all of which shall continue to constitute part of the property covered by this Agreement or the Loan Security Documents.

Appears in 1 contract

Samples: Credit Agreement

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Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent's ’s authority to act without any specific or further authorization or consent by Lenders (as set forth in subsection 9.1(H)(1Section 8A.5(H)(1) above), each Lender agrees to confirm in writing, upon request by Agent or Borrowing Agentany Borrower, the authority to release any Collateral conferred upon Agent under clauses (a) and (b) or (c) of subsection 9.1(H)(1Section 8A.5(H)(1). To the extent Agent agrees to release any Lien granted to or held by Agent as authorized under subsection 9.1(H)(1Section 8A.5(H)(1), (a) Agent is hereby irrevocably authorized by Lenders to, execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of Agent and the Lenders, upon such Collateral; provided, however, that Agent shall not be required to execute any such document on terms which, in Agent's ’s opinion, would expose Agent to liability or create upon Agent any obligation or entail any consequence other than the release of such Liens without recourse or warranty, and (b) Loan Parties Borrower shall provide have provided at least ten (10) Business Days prior written notice of any request for any document evidencing such release of the Liens and Loan Parties agree Borrower agrees that any such release shall not in any manner discharge, affect or impair the Obligations or any Liens granted to Agent on behalf of Agent and Lenders upon (or obligations of any Loan PartyBorrower, in respect of) all interests retained by any Loan PartyBorrower, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the property covered by this Agreement or the Loan Documents.

Appears in 1 contract

Samples: Security Agreement (Cardlytics, Inc.)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Agent's ’s authority to act without any specific or further authorization or consent by Lenders (as set forth in subsection 9.1(H)(1) above), each Lender agrees to confirm in writing, upon request by Agent or Borrowing AgentBorrower, the authority to release any Collateral conferred upon Agent under clauses (a) and (b) of subsection 9.1(H)(1). To the extent Agent agrees to release any Lien granted to or held by Agent as authorized under subsection 9.1(H)(1), (a) Agent is hereby irrevocably authorized by Lenders to, execute such documents as may be necessary to evidence the release of the Liens granted to Agent, for the benefit of Agent and Lenders, upon such Collateral; provided, however, that Agent shall not be required to execute any such document on terms which, in Agent's ’s opinion, would expose Agent to liability or create upon Agent any obligation or entail any consequence other than the release of such Liens without recourse or warranty, and (b) Loan Parties Borrower shall provide at least ten (10) Business Days prior written notice of any request for any document evidencing such release of the Liens and Loan Parties agree Borrower agrees that any such release shall not in any manner discharge, affect or impair the Obligations or any Liens granted to Agent on behalf of Agent and Lenders upon (or obligations of any Loan Party, in respect of) all interests retained by any Loan Party, including, without limitation, the proceeds of any sale, all of which shall continue to constitute part of the property covered by this Agreement or the Loan Documents.

Appears in 1 contract

Samples: Loan and Security Agreement (Pizza Inn Holdings, Inc /Mo/)

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