Common use of Designation of Borrowing Agent; Nature of Borrowing Agency Clause in Contracts

Designation of Borrowing Agent; Nature of Borrowing Agency. Each Loan Party 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 Loan Party, and hereby authorizes the Administrative Agent, the Lenders and the Issuing Lender to pay over or credit all loan proceeds hereunder in accordance with the request of the Borrowing Agent. The handling of this credit facility as a co-borrowing facility with a borrowing agent in the manner set forth in this Agreement is solely as an accommodation to the Loan Parties and at their request. The Administrative Agent, the Lenders and the Issuing Lender shall incur no liability to any Loan Party as a result thereof. To induce the Administrative Agent, the Lenders and the Issuing Lender to do so and in consideration thereof, each Loan Party hereby indemnifies the Administrative Agent, the Lenders and the Issuing Lender and holds each of them harmless from and against any and all liabilities, expenses, losses, damages and claims of damage or injury asserted against the Administrative Agent, the Lenders or the Issuing Lender by any Person arising from or incurred by reason of the handling of the financing arrangements of the Loan Parties as provided herein, reliance by Administrative Agent, the Lenders or the Issuing Lender on any request or instruction from the Borrowing Agent or any other action taken by the Administrative Agent, the Lenders or the Issuing Lender with respect to this Section 12.13.3 [

Designation of Borrowing Agent; Nature of Borrowing Agency. Each Loan Party 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 Loan PartyBorrower or Borrowers, and hereby authorizes the Administrative Agent, the Lenders and the Issuing Lender to pay over or credit all loan proceeds hereunder in accordance with the request of the Borrowing Agent. The handling of this credit facility as a co-borrowing facility with a borrowing agent in the manner set forth in this Agreement is solely as an accommodation to the Loan Parties Borrowers and at their request. The Administrative Agent, the Lenders and the Issuing Lender shall incur no liability to any Loan Party the Borrowers as a result thereof. To induce the Administrative Agent, the Lenders and the Issuing Lender to do so and in consideration thereof, each Loan Party Borrower hereby indemnifies the Administrative Agent, the Lenders and the Issuing Lender and holds each of them harmless from and against any and all liabilities, expenses, losses, damages and claims of damage or injury asserted against the Administrative Agent, the Lenders or the Issuing Lender by any Person arising from or incurred by reason of the handling of the financing arrangements of the Loan Parties Borrowers as provided herein, reliance by Administrative Agent, the Lenders or the Issuing Lender on any request or instruction from the Borrowing Agent or any other action taken by the Administrative Agent, the Lenders or the Issuing Lender with respect to this Section 12.13.3 11.13.2 [

Designation of Borrowing Agent; Nature of Borrowing Agency. Each Loan Party 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 Loan PartyBorrower or Borrowers, and hereby authorizes the Administrative Agent, the Lenders and the Issuing Lender to pay over or credit all loan proceeds hereunder in accordance with the request of the Borrowing Agent. The handling of this credit facility as a co-borrowing facility with a borrowing agent in the manner set forth in this Agreement is solely as an accommodation to the Loan Parties Borrowers and at their request. The Administrative Agent, the Lenders and the Issuing Lender shall incur no liability to any Loan Party the Borrowers as a result thereof. To induce the Administrative Agent, the Lenders and the Issuing Lender to do so and in consideration thereof, each Loan Party Borrower hereby indemnifies the Administrative Agent, the Lenders and the Issuing Lender and holds each of them harmless from and against any and all liabilities, expenses, losses, damages and claims of damage or injury asserted against the Administrative Agent, the Lenders or the Issuing Lender by any Person arising from or incurred by reason of the handling of the financing arrangements of the Loan Parties Borrowers as provided herein, reliance by Administrative Agent, the Lenders or the Issuing Lender on any request or instruction from the Borrowing Agent or any other action taken by the Administrative Agent, the Lenders or the Issuing Lender with respect to this Section 12.13.3 11.13.2 [Designation of Borrowing Agent, Etc.] except due to willful misconduct or gross (not mere) negligence by the indemnified party (as determined by a court of competent jurisdiction in a final and non-appealable judgment).

Designation of Borrowing Agent; Nature of Borrowing Agency. Each Loan Party of the Company and the Designated Borrowers hereby irrevocably designates the Borrowing Agent Company to be its lxxxii attorney and agent (the Company in such capacity, the "Borrowing 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 Loan Partyparty, and hereby authorizes the Administrative Agent, the Lenders and the Issuing Lender L/C Issuers to pay over or credit all loan proceeds hereunder in accordance with the request of the Borrowing Agent. The handling of this any credit facility hereunder as a co-borrowing facility with a borrowing agent in the manner set forth in this Agreement is solely as an accommodation to the Loan Parties Company and the Designed Borrowers and at their request. The Administrative Agent, the Lenders and the Issuing Lender L/C Issuers shall incur no liability to the Company or any Loan Party of the Designated Borrowers as a result thereof. To induce the Administrative Agent, the Lenders and the Issuing Lender L/C Issuers to do so and in consideration thereof, each Loan Party of the Company and the Designated Borrowers hereby indemnifies the Administrative Agent, the Lenders and the Issuing Lender L/C Issuers and holds each of them harmless from and against any and all liabilities, expenses, losses, damages and claims of damage or injury asserted against the Administrative Agent, the Lenders any Lender or the Issuing Lender any L/C Issuer by any Person arising from or incurred by reason of the handling of the financing arrangements of the Loan Parties Company and the Designated Borrowers as provided herein, reliance by the Administrative Agent, the Lenders any Lender or the Issuing Lender any L/C Issuer on any request or instruction from the Borrowing Agent or any other action taken by the Administrative Agent, the Lenders any Lender or the Issuing Lender any L/C Issuer with respect to this Section 12.13.3 [2.20 except due to willful misconduct or gross negligence by the indemnified party (as determined by a court of competent jurisdiction in a final and non-appealable judgment).

Designation of Borrowing Agent; Nature of Borrowing Agency. Each Loan Party of the Company and the Designated Borrowers hereby irrevocably designates the Borrowing Agent Company to be its attorney and agent (the Company in such capacity, the “Borrowing 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 Loan Partyparty, and hereby authorizes the Administrative Agent, the Lenders and the Issuing Lender L/C Issuers to pay over or credit all loan proceeds hereunder in accordance with the request of the Borrowing Agent. The handling of this any credit facility hereunder as a co-borrowing facility with a borrowing agent in the manner set forth in this Agreement is solely as an accommodation to the Loan Parties Company and the Designed Borrowers and at their request. The Administrative Agent, the Lenders and the Issuing Lender L/C Issuers shall incur no liability to the Company or any Loan Party of the Designated Borrowers as a result thereof. To induce the Administrative Agent, the Lenders and the Issuing Lender L/C Issuers to do so and in consideration thereof, each Loan Party of the Company and the Designated Borrowers hereby indemnifies the Administrative Agent, the Lenders and the Issuing Lender L/C Issuers and holds each of them harmless from and against any and all liabilities, expenses, losses, damages and claims of damage or injury asserted against the Administrative Agent, the Lenders any Lender or the Issuing Lender any L/C Issuer by any Person arising from or incurred by reason of the handling of the financing arrangements of the Loan Parties Company and the Designated Borrowers as provided herein, reliance by the Administrative Agent, the Lenders any Lender or the Issuing Lender any L/C Issuer on any request or instruction from the Borrowing Agent or any other action taken by the Administrative Agent, the Lenders any Lender or the Issuing Lender any L/C Issuer with respect to this Section 12.13.3 [2.20 except due to willful misconduct or gross negligence by the indemnified party (as determined by a court of competent jurisdiction in a final and non-appealable judgment).

Designation of Borrowing Agent; Nature of Borrowing Agency. Each Loan Party Borrower (including each Designated 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 Loan PartyBorrower(s) , and hereby authorizes the Administrative Agent, the Lenders Banks and the Issuing Lender Banks to pay over or credit all loan proceeds hereunder in accordance with the request of the Borrowing Agent. The handling of this credit facility as a co-borrowing facility with a borrowing agent in the manner set forth in this Agreement is solely as an accommodation to the Loan Parties Borrowers and at their request. The Administrative Agent, the Lenders Banks and the Issuing Lender Banks shall incur no liability to any Loan Party the Borrowers as a result thereof. To induce the Administrative Agent, the Lenders Banks and the Issuing Lender Banks to do so and in consideration thereof, each Loan Party Borrower hereby indemnifies the Administrative Agent, the Lenders Banks and the Issuing Lender Banks and holds each of them harmless from and against any and all liabilities, expenses, losses, damages and claims of damage or injury asserted against the Administrative Agent, the Lenders Banks or the Issuing Lender Banks by any Person arising from or incurred by reason of the handling of the financing arrangements of the Loan Parties Borrowers as provided herein, reliance by the Administrative Agent, the Lenders Banks or the Issuing Lender Banks on any request or instruction from the Borrowing Agent or any other action taken by the Administrative Agent, the Lenders Banks or the Issuing Lender Banks with respect to this Section 12.13.3 11.13.2 [

Designation of Borrowing Agent; Nature of Borrowing Agency. Each Loan Party Borrower (including each Designated 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 Loan PartyBorrower(s) , and hereby authorizes the Administrative Agent, the Lenders Banks and the Issuing Lender Banks to pay over or credit all loan proceeds hereunder in accordance with the request of the Borrowing Agent. The handling of this credit facility as a co-borrowing facility with a borrowing agent in the manner set forth in this Agreement is solely as an accommodation to the Loan Parties Borrowers and at their request. The Administrative Agent, the Lenders Banks and the Issuing Lender Banks shall incur no liability to any Loan Party the Borrowers as a result thereof. 122 219962390 To induce the Administrative Agent, the Lenders Banks and the Issuing Lender Banks to do so and in consideration thereof, each Loan Party Borrower hereby indemnifies the Administrative Agent, the Lenders Banks and the Issuing Lender Banks and holds each of them harmless from and against any and all liabilities, expenses, losses, damages and claims of damage or injury asserted against the Administrative Agent, the Lenders Banks or the Issuing Lender Banks by any Person arising from or incurred by reason of the handling of the financing arrangements of the Loan Parties Borrowers as provided herein, reliance by the Administrative Agent, the Lenders Banks or the Issuing Lender Banks on any request or instruction from the Borrowing Agent or any other action taken by the Administrative Agent, the Lenders Banks or the Issuing Lender Banks with respect to this Section 12.13.3 11.13.2 [Designation of Borrowing Agent, Etc.] except due to willful misconduct or gross negligence by the indemnified party (as determined by a court of competent jurisdiction in a final and non-appealable judgment).