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

Confirmation of Authority; Execution of Releases. Without in any manner limiting Investment Manager’s authority to act without any specific or further authorization or consent by Lender (as set forth in Section 9.4(a)), Lender agrees to confirm in writing, upon request by Investment Manager or Borrower, the authority to release any Collateral conferred upon Investment Manager under clauses (x) and (y) of Section 9.4(a). Upon receipt by Investment Manager of any required confirmation from Lender of its authority to release any particular item or types of Collateral, and upon at least ten (10) Business Days’ prior written request by Borrower, Investment Manager shall (and is hereby irrevocably authorized by Lender to) execute such documents as may be necessary to evidence the release of the Liens granted to Investment Manager upon such Collateral; provided, however, that (x) Investment Manager shall not be required to execute any such document on terms which, in Investment Manager’s opinion, would expose Investment Manager to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty, and (y) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon, all interests retained by Borrower, including the proceeds of any sale, all of which shall continue to constitute part of the Collateral.

Appears in 2 contracts

Samples: Credit Agreement (Cardlytics, Inc.), Credit Agreement (Vertical Communications, Inc.)

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Confirmation of Authority; Execution of Releases. Without in any manner limiting Investment Manager’s 's authority to act without any specific or further authorization or consent by Lender (as set forth in Section 9.4(aSECTION 9.4(A)), Lender agrees to confirm in writing, upon request by Investment Manager or BorrowerBorrowers, the authority to release any Collateral conferred upon Investment Manager under clauses (x) and (y) of Section 9.4(aSECTION 9.4(A). Upon receipt by Investment Manager of any required confirmation from Lender of its authority to release any particular item or types of Collateral, and upon at least ten (10) Business Days' prior written request by BorrowerBorrowers, Investment Manager shall (and is hereby irrevocably authorized by Lender to) execute such documents as may be necessary to evidence the release of the Liens granted to Investment Manager upon such Collateral; provided, however, that (x) Investment Manager shall not be required to execute any such document on terms which, in Investment Manager’s 's opinion, would expose Investment Manager to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty, and (y) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon, all interests retained by BorrowerBorrowers, including the proceeds of any sale, all of which shall continue to constitute part of the Collateral.

Appears in 1 contract

Samples: Credit Agreement (MTM Technologies, Inc.)

Confirmation of Authority; Execution of Releases. Without in any manner limiting Investment Manager’s authority to act without any specific or further authorization or consent by Lender the L/C Guarantors (as set forth in Section 9.4(a)), Lender agrees the L/C Guarantors agree to confirm in writing, upon request by Investment Manager or Borrowerthe Borrowers, the authority to release any Collateral conferred upon Investment Manager under clauses (x) and (y) of Section 9.4(a). Upon receipt by Investment Manager of any required confirmation from Lender the L/C Guarantors of its their authority to release any particular item or types of Collateral, and upon at least ten (10) Business Days’ prior written request by Borrowerthe Borrowers, Investment Manager shall (and is hereby irrevocably authorized by Lender the L/C Guarantors to) execute such documents as may be necessary to evidence the release of the Liens granted to Investment Manager upon such Collateral; provided, however, that (x) Investment Manager shall not be required to execute any such document on terms which, in Investment Manager’s opinion, would expose Investment Manager to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty, and (y) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon, all interests retained by Borrowerthe Borrowers, including the proceeds of any sale, all of which shall continue to constitute part of the Collateral.

Appears in 1 contract

Samples: Credit Commitment and Reimbursement Agreement (MTM Technologies, Inc.)

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Confirmation of Authority; Execution of Releases. Without in any manner limiting Investment Manager’s 's authority to act without any specific or further authorization or consent by Lender (as set forth in Section SECTION 9.4(a)), Lender agrees to confirm in writing, upon request by Investment Manager or BorrowerBorrowers, the authority to release any Collateral conferred upon Investment Manager under clauses (x) and (y) of Section SECTION 9.4(a). Upon receipt by Investment Manager of any required confirmation from Lender of its authority to release any particular item or types of Collateral, and upon at least ten (10) Business Days' prior written request by BorrowerBorrowers, Investment Manager shall (and is hereby irrevocably authorized by Lender to) execute such documents as may be necessary to evidence the release of the Liens granted to Investment Manager upon such Collateral; provided, however, that (x) Investment Manager shall not be required to execute any such document on terms which, in Investment Manager’s 's opinion, would expose Investment Manager to liability or create any obligation or entail any consequence other than the release of such Liens without recourse or warranty, and (y) such release shall not in any manner discharge, affect or impair the Obligations or any Liens upon, all interests retained by BorrowerBorrowers, including the proceeds of any sale, all of which shall continue to constitute part of the Collateral.

Appears in 1 contract

Samples: Credit Agreement (MTM Technologies, Inc.)

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