Common use of Obligors’ Agent Clause in Contracts

Obligors’ Agent. (a) Each Obligor (other than the EDC YG) by its execution of this Agreement or an Accession Letter irrevocably appoints EDC YG to act on its behalf as its agent in relation to the Transaction Documents and irrevocably authorises: (i) EDC YG on its behalf to supply all information concerning itself contemplated by this Agreement to the Finance Parties and to give all notices and instructions, to make such agreements and to effect the relevant amendments, supplements and variations capable of being given, made or effected by any Obligor notwithstanding that they may affect the Obligor, without further reference to or the consent of that Obligor; and (ii) each Finance Party to give any notice, demand or other communication to that Obligor pursuant to the Finance Documents to EDC YG, and in each case the Obligor shall be bound as though the Obligor itself had given the notices and instructions or executed or made the agreements or effected the amendments, supplements or variations, or received the relevant notice, demand or other communication. (b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent or given to the Obligors’ Agent under any Finance Document on behalf of another Obligor or in connection with any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under any Finance Document) shall be binding for all purposes on that Obligor as if that Obligor had expressly made, given or concurred with it. In the event of any conflict between any notices or other communications of the Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.

Obligors’ Agent. (aA) Each Obligor (other than the EDC YG) Holdco, by its execution of this Agreement or an Accession Letter irrevocably appoints EDC YG the Borrower (acting through one or more authorised signatories) to act on its behalf as its agent in relation to the Transaction Finance Documents and irrevocably authorises: (i1) EDC YG the Borrower on its behalf to supply all information concerning itself contemplated by this Agreement to the Finance Parties and to give all notices and instructions, to agree any Accordion Increase terms and to deliver any Accordion Increase Notice, to make such agreements and to effect the relevant amendments, supplements and variations capable of being given, made or effected by any Obligor Holdco notwithstanding that they may affect the ObligorHoldco, without further reference to or the consent of that ObligorHoldco; and (ii2) each Finance Party to give any notice, demand or other communication to that Obligor Holdco pursuant to the Finance Documents to EDC YGthe Borrower, and in each case the Obligor Holdco shall be bound as though the Obligor Holdco itself had given the notices and instructions (including, without limitation, any Utilisation Requests) or executed or made the agreements or effected the amendments, supplements or variations, or received the relevant notice, demand or other communication. (bB) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent Borrower or given to the Obligors’ Agent Borrower under any Finance Document on behalf of another Obligor Holdco or in connection with any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under any Finance DocumentHoldco) shall be binding for all purposes on that Obligor Holdco as if that Obligor Holdco had expressly made, given or concurred with it. In the event of any conflict between any notices or other communications of the Obligors’ Agent Borrower and any other ObligorHoldco, those of the Obligors’ Agent Borrower shall prevail.

Obligors’ Agent. (a) Each Obligor (other than the EDC YG) Borrower by its execution of this Agreement or an Accession Letter irrevocably appoints EDC YG the Guarantor to act on its behalf as its agent in relation to the Transaction Finance Documents and irrevocably authorises: (i) EDC YG the Guarantor on its behalf to supply all information concerning itself contemplated by this Agreement to the Finance Secured Parties and to give all notices and instructionsinstructions (including any Utilisation Request), to execute on its behalf any Accession Deed, to make such agreements and to effect the relevant amendments, supplements and variations amendments capable of being given, made or effected by any Obligor such Borrower notwithstanding that they may affect the Obligorsuch Borrower, without further reference to to, or the consent of that Obligorof, such Borrower; and (ii) each Finance Secured Party to give to the Guarantor any notice, demand or other communication to that Obligor pursuant be addressed to such Borrower in accordance with the Finance Documents to EDC YGDocuments, and in each case the Obligor such Borrower shall be bound as though the Obligor such Borrower itself had given the notices and instructions (including any Utilisation Request) or executed or made the agreements or effected the amendments, supplements or variations, or received the relevant notice, demand or other communication. (b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent Guarantor or given to the Obligors’ Agent Guarantor under any Finance Document on behalf of another Obligor a Borrower or in connection with any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under any Finance DocumentBorrower) shall be binding for all purposes on that Obligor each Borrower as if that Obligor such Borrower expressly had expressly made, given given, received or concurred with it. In the event of any conflict between any notices or other communications of the Obligors’ Agent Guarantor and any other ObligorBorrower, those of the Obligors’ Agent Guarantor shall prevail.

Obligors’ Agent. (a) 2.4.1 Each Obligor (other than the EDC YGCompany) by its execution of this Agreement or an Accession Letter irrevocably appoints EDC YG the Company (acting through one or more authorised signatories) to act on its behalf as its agent in relation to the Transaction Finance Documents and irrevocably authorises: (ia) EDC YG the Company on its behalf to supply all information concerning itself contemplated by this Agreement to the Finance Parties and to give all notices and instructionsinstructions (including, in the case of the Borrower, Utilisation Requests), to make such agreements and to effect the relevant amendments, supplements and variations capable of being given, made or effected by any Obligor notwithstanding that they may affect the Obligor, without further reference to or the consent of that Obligor; and (iib) each Finance Party to give any notice, demand or other communication to that Obligor pursuant to the Finance Documents to EDC YGthe Company, and in each case the Obligor shall be bound as though the Obligor itself had given the notices and instructions (including, without limitation, any Utilisation Requests) or executed or made the agreements or effected the amendments, supplements or variations, or received the relevant notice, demand or other communication. (b) 2.4.2 Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent or given to the Obligors’ Agent under any Finance Document on behalf of another Obligor or in connection with any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under any Finance Document) shall be binding for all purposes on that Obligor as if that Obligor had expressly made, given or concurred with it. In the event of any conflict between any notices or other communications of the Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.

Obligors’ Agent. (a) Each Obligor (other than the EDC YG) Shareholder), by its execution of this Agreement or an Accession Letter Agreement, irrevocably appoints EDC YG the Shareholder to act on its behalf as its agent in relation to the Transaction Finance Documents and irrevocably authorises: (ia) EDC YG the Shareholder on its behalf to supply all information concerning itself contemplated by this Agreement to the Finance Parties and to give all notices and instructionsinstructions (including, in the case of a Borrower, Utilisation Requests), to make such agreements and to effect the relevant amendments, supplements and variations capable of being given, made or effected by any Obligor notwithstanding that they may affect the Obligor, without further reference to or the consent of that Obligor; and (iib) each Finance Party to give any notice, demand or other communication to that Obligor pursuant to the Finance Documents to EDC YGthe Shareholder, and in each case the Obligor shall be bound as though the Obligor itself had given the notices and instructions (including, without limitation, any Utilisation Requests) or executed or made the agreements or effected the amendments, supplements or variations, or received the relevant notice, demand or other communication. (b) . Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent Shareholder or given to the Obligors’ Agent Shareholder under any Finance Document on behalf of another Obligor or in connection with any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under any Finance Document) shall be binding for all purposes on that Obligor as if that Obligor had expressly made, given or concurred with it. In the event of any conflict between any notices or other communications of the Obligors’ Agent Shareholder and any other Obligor, those of the Obligors’ Agent Shareholder shall prevail.

Obligors’ Agent. (a) Each Obligor (other than the EDC YGBorrower) by its execution of this Agreement or an Accession Letter irrevocably appoints EDC YG the Borrower to act on its behalf as its agent in relation to the Transaction Finance Documents and irrevocably authorises: (i) EDC YG the Borrower on its behalf to supply all information concerning itself contemplated by this Agreement to the Finance Parties and to give all notices and instructionsinstructions (including the Utilisation Request), to make such agreements and to effect the relevant amendments, supplements and variations capable of being given, made or effected by any Obligor notwithstanding that they may affect the that Obligor, without further reference to or the consent of that Obligor; and (ii) each Finance Party to give any notice, demand or other communication to that Obligor pursuant to the Finance Documents to EDC YGthe Borrower, and in each case the that Obligor shall be bound as though the that Obligor itself had given the notices and instructions (including the Utilisation Request) or executed or made the agreements or effected the amendments, supplements or variations, or received the relevant notice, demand or other communication. (b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent Borrower or given to the Obligors’ Agent Borrower under any Finance Document on behalf of another an Obligor or in connection with any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under any Finance DocumentObligor) shall be binding for all purposes on that Obligor as if that Obligor had expressly made, given or concurred with it. In the event of any conflict between any notices or other communications of the Obligors’ Agent Borrower and any other Obligor, those of the Obligors’ Agent Borrower shall prevail.

Obligors’ Agent. (a) Each Obligor (other than the EDC YGHoldCo2) by its execution of this Agreement or an Accession Letter Deed irrevocably appoints EDC YG HoldCo2 (acting through one or more authorised signatories) to act on its behalf as its agent in relation to the Transaction Finance Documents and irrevocably authorises: (i) EDC YG HoldCo2 on its behalf to supply all information concerning itself contemplated by this Agreement to the Finance Parties and to give all notices and instructions, to execute on its behalf any Accession Deed, to make such agreements and to effect the relevant amendments, supplements and variations capable of being given, made or effected by any Obligor notwithstanding that they may affect the Obligor, without further reference to or the consent of that Obligor; and (ii) each Finance Party to give any notice, demand or other communication to that Obligor pursuant to the Finance Documents to EDC YGHoldCo2, and in each case the Obligor shall be bound as though the Obligor itself had given the notices and instructions or executed or made the agreements or effected the amendments, supplements or variations, or received the relevant notice, demand or other communication. (b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent or given to the Obligors’ Agent under any Finance Document on behalf of another Obligor or in connection with any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under any Finance Document) shall be binding for all purposes on that Obligor as if that Obligor had expressly made, given or concurred with it. In the event of any conflict between any notices or other communications of the Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.

Obligors’ Agent. (a) Each Obligor (other than the EDC YG) by its execution of this Agreement or an Accession Letter irrevocably appoints EDC YG the Parent to act on its behalf as its agent in relation to the Transaction Finance Documents and irrevocably authorises: (i) EDC YG the Parent on its behalf to supply all information concerning itself contemplated by this Agreement to the Finance Parties Lender and to give all notices and instructionsinstructions (including Utilisation Requests), to make such agreements and to effect the relevant amendments, supplements and variations capable of being given, made or effected by any Obligor notwithstanding that they may affect the Obligor, without further reference to or the consent of that Obligor; and (ii) each Finance Party the Lender to give any notice, demand or other communication to that Obligor pursuant to the Finance Documents to EDC YGthe Parent, and in each case the Obligor shall be bound as though the Obligor itself had given the notices and instructions (including, without limitation, any Utilisation Requests) or executed or made the agreements or effected the amendments, supplements or variations, or received the relevant notice, demand or other communication. (b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent Parent or given to the Obligors’ Agent Parent under any Finance Document on behalf of another Obligor or in connection with any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under any Finance DocumentObligor) shall be binding for all purposes on that Obligor as if that Obligor had expressly made, given or concurred with it. In the event of any conflict between any notices or other communications of the Obligors’ Agent Parent and any other Obligor, those of the Obligors’ Agent Parent shall prevail.

Obligors’ Agent. (a) Each Obligor (other than the EDC YGCompany) by its execution of this Agreement or an Accession Letter irrevocably appoints EDC YG the Company (in such capacity, the “Obligors’ Agent”) to act on its behalf as its agent in relation to the Transaction Finance Documents and irrevocably authorises: (i) EDC YG the Company on its behalf to supply all information concerning itself contemplated by this Agreement to the Finance Parties and to give all notices and instructions, to execute on its behalf any Accession Letter, to make such agreements and to effect the relevant amendments, supplements and variations capable of being given, made or effected by any Obligor notwithstanding that they may affect the such Obligor, without further reference to or the consent of that Obligor; and (ii) each Finance Party to give any notice, demand or other communication to that Obligor pursuant to the Finance Documents to EDC YGthe Company, and in each case the such Obligor shall be bound as though the such Obligor itself had given the notices and instructions or executed or made the agreements or effected the amendments, supplements or variations, or received the relevant notice, demand or other communication. (b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent or given to the Obligors’ Agent under any Finance Document on behalf of another any Obligor or in connection with any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under any Finance Document) shall be binding for all purposes on that Obligor as if that Obligor had expressly made, given or concurred with it. In the event of any conflict between any notices or other communications of the Obligors’ Agent and any other the Obligor, those of the Obligors’ Agent shall prevail. (c) The Obligors’ Agent shall be released from the restrictions of Section 181 of the German Civil Code (Bürgerliches Gesetzbuch).

Obligors’ Agent. (a) Each Obligor (other than the EDC YG) The Guarantor by its execution of this Agreement or an Accession Letter irrevocably appoints EDC YG the Borrower to act on its behalf as its agent in relation to the Transaction Finance Documents and irrevocably by way of security authorises: (i) EDC YG the Borrower on its behalf to supply all information concerning itself contemplated by this Agreement to the Finance Parties and to give all notices and instructions, to make such agreements and to effect the relevant amendments, supplements and variations capable of being given, made or effected by any Obligor the Borrower notwithstanding that they may affect the ObligorGuarantor, without further reference to or the consent of that Obligorthe Guarantor; and (ii) each Finance Party to give any notice, demand or other communication to that Obligor the Guarantor pursuant to the Finance Documents to EDC YGthe Borrower, and in each case the Obligor Guarantor shall be bound as though the Obligor Guarantor itself had been given the notices and instructions or executed or made the agreements or effected the amendments, supplements or variations, or received the relevant notice, demand or other communication. (b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent Guarantor or given to the Obligors’ Agent Guarantor under any Finance Document on behalf of another Obligor the Borrower or in connection with any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under any Finance Documentthe Guarantor) shall be binding for all purposes on that Obligor the Guarantor as if that Obligor it had expressly made, given or concurred with it. In the event of any conflict between any notices or other communications of the Obligors’ Agent Borrower and any other Obligorthe Guarantor, those of the Obligors’ Agent Borrower shall prevail.

Obligors’ Agent. (a) Each Obligor (other than the EDC YGUltimate Parent) by its execution of this Agreement or an Accession Letter irrevocably appoints EDC YG the Ultimate Parent to act on its behalf as its agent in relation to the Transaction Finance Documents and irrevocably by way of security authorises: : (i) EDC YG the Ultimate Parent on its behalf to supply all information concerning itself contemplated by this Agreement to the Finance Parties and to give all notices and instructions, to make such agreements agreements, to execute such deeds (under hand), and to effect the relevant amendments, supplements and variations capable of being given, made or effected by any Obligor the Ultimate Parent notwithstanding that they may affect the Obligorother Obligors, without further reference to or the consent of that Obligorthe other Obligors; and and (ii) each Finance Party to give any notice, demand or other communication to that Obligor the Obligors pursuant to the Finance Documents to EDC YGthe Ultimate Parent, and in each case the Obligor other Obligors shall be bound as though the Obligor Ultimate Parent itself had been given the notices and instructions or executed or made the agreements or deeds or effected the amendments, supplements or variations, or received the relevant notice, demand or other communication. (b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent Ultimate Parent or given to the Obligors’ Agent Ultimate Parent under any Finance Document on behalf of another Obligor the other Obligors or in connection with any Finance Document (whether or not known to any of the other Obligor and whether occurring before or after such other Obligor became an Obligor under any Finance DocumentObligors) shall be binding for all purposes on that Obligor the other Obligors as if that Obligor it had expressly made, given or concurred with it. In the event of any conflict between any notices or other communications of the Ultimate Parent and the other Obligors’ Agent and any other Obligor, those of the Obligors’ Agent Ultimate Parent shall prevail.

Obligors’ Agent. (a) Each Obligor (other than the EDC YGBorrower) by its execution of this Agreement or an Accession Letter irrevocably appoints EDC YG the Borrower to act on its behalf as its agent in relation to the Transaction Finance Documents and irrevocably authorises: (i) EDC YG the Borrower on its behalf to supply all information concerning itself contemplated by this Agreement to the Finance Parties and to give all notices and instructions, to make such agreements and to effect the relevant amendments, supplements and variations capable of being given, made or effected by any Obligor notwithstanding that they may affect the Obligor, without further reference to or the consent of that Obligor; and (ii) each Finance Party to give any notice, demand or other communication to that Obligor pursuant to the Finance Documents to EDC YGthe Borrower, and in each case the Obligor shall be bound as though the Obligor itself had given the notices and instructions or executed or made the agreements or effected the amendments, supplements or variations, or received the relevant notice, demand or other communication. (b) Every act, omission, agreement, undertaking, settlement, waiver, amendment, supplement, variation, notice or other communication given or made by the Obligors’ Agent or given to the Obligors’ Agent under any Finance Document on behalf of another Obligor or in connection with any Finance Document (whether or not known to any other Obligor and whether occurring before or after such other Obligor became an Obligor under any Finance Document) shall be binding for all purposes on that Obligor as if that Obligor had expressly made, given or concurred with it. In the event of any conflict between any notices or other communications of the Obligors’ Agent and any other Obligor, those of the Obligors’ Agent shall prevail.