Common use of Delegation of Authority to Agent Clause in Contracts

Delegation of Authority to Agent. (i) Without limiting the generality of Section 14.1, each Lender expressly authorizes the Agent to determine on behalf of such Lender (A) any reduction or increase of advance rates applicable to the Borrowing Base, so long as such advance rates do not at any time exceed the rates set forth in the Borrowing Base definition, (B) the creation or elimination of any reserves (other than the Letter of Credit Reserve and the Minimum Excess Availability Reserve) under the Revolving Credit Facility and the Borrowing Base, and (C) whether or not Inventory shall be deemed to constitute Eligible Inventory. Such authorization may be withdrawn by the Required Lenders by giving the Agent written notice of such withdrawal signed by the Required Lenders; provided, however, that unless otherwise agreed by the Agent such withdrawal of authorization shall not become effective until the thirtieth (30th) Business Day after receipt of such notice by the Agent. Thereafter, the Required Lenders shall jointly instruct the Agent in writing regarding such matters with such frequency as the Required Lenders shall jointly determine.

Appears in 2 contracts

Samples: Loan and Security Agreement (Tropical Sportswear International Corp), And Security Agreement (Tropical Sportswear International Corp)

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Delegation of Authority to Agent. (i1) Without limiting the generality of Section 14.1, each Lender expressly authorizes the Agent to determine on behalf of such Lender (A) any reduction or increase of advance rates applicable to the Borrowing Base, so long as such advance rates do not at any time exceed the rates set forth in the Borrowing Base definition, (B) the creation or elimination of any reserves (other than the Letter of Credit Reserve and the Minimum Excess Availability Reserve) under against the Revolving Credit Facility and the Borrowing Base, and (C) whether or not Inventory Receivables shall be deemed to constitute or Eligible InventoryReceivables. Such authorization may be withdrawn by the Required Lenders by giving the Agent written notice of such withdrawal signed by the Required Lenders; provided, however, that unless otherwise agreed by the Agent such withdrawal of authorization shall not become effective until the thirtieth (30th) Business Day after receipt of such notice by the Agent. Thereafter, the Required Lenders shall jointly instruct the Agent in writing regarding such matters with such frequency as the Required Lenders shall jointly determine.

Appears in 2 contracts

Samples: Loan and Security Agreement (Trism Inc /De/), Loan and Security Agreement (Trism Inc /De/)

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Delegation of Authority to Agent. (i) Without limiting the generality of Section SECTION 14.1, each Lender expressly authorizes the Agent to determine on behalf of such Lender (A) any reduction or increase of advance rates applicable to the Borrowing Base, so long as such advance rates do not at any time exceed the rates set forth in the Borrowing Base definition, (B) the creation or elimination of any reserves (other than the Letter of Credit Reserve and the Minimum Excess Availability Reserve) under against the Revolving Credit Facility and the Borrowing Base, Base and (C) whether or not Inventory shall be deemed to constitute Eligible InventoryInventory and Accounts shall be deemed to constitute Eligible Credit Card Accounts. Such authorization may be withdrawn by the Required Lenders by giving the Agent written notice of such withdrawal signed by the Required Lenders; provided, however, that unless otherwise agreed by the Agent Agent, such withdrawal of authorization shall not become effective until the thirtieth (30th) Business Day after receipt of such notice by the Agent. Thereafter, the Required Lenders shall jointly instruct the Agent in writing regarding such matters with such frequency as the Required Lenders shall jointly determine.

Appears in 1 contract

Samples: Loan and Security Agreement (Loehmanns Holdings Inc)

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