Common use of Reliance upon Authority Clause in Contracts

Reliance upon Authority. On or prior to the Closing Date and thereafter prior to any change with respect to any of the information contained in the following clauses (i) and (ii), the Borrower shall deliver to the Agent a writing setting forth (i) the account or accounts of the Borrower to which the Agent is authorized to transfer the proceeds of the Revolving Loans requested pursuant to this Section 2.2 (each such account, a "Designated Account"), and (ii) the names of the officers and any other designated representatives of the Borrower authorized to request Revolving Loans on behalf of the Borrower, and shall provide the Agent with a specimen signature of each such officer and other designated representatives. The Agent acknowledges that notices previously received from the Borrower in connection with the DIP Loan Agreement shall remain in effect unless changed by the Borrower prior to the Closing Date. All such Designated Accounts must be reasonably satisfactory to the Agent. The Agent shall be entitled to rely conclusively on such officer's or designated representatives' authority to request Revolving Loans on behalf of the Borrower, the proceeds of which are to be transferred to any of the accounts specified by the Borrower pursuant to the immediately preceding sentence, until the Agent receives written notice to the contrary. The Agent shall have no duty to verify the identity of any individual representing him or herself as one of the officers or designated representatives authorized by the Borrower.

Reliance upon Authority. On or prior to the Closing Effective Date and thereafter prior to any change with respect to any of the information contained in the following clauses (i) and (ii), the Borrower Authorized Representative on behalf of the Borrowers shall deliver to the Agent a writing setting forth (i) the account or accounts of the Borrower Borrowers to which the Agent is authorized to transfer the proceeds of the Revolving Loans requested pursuant to this Section 2.2 (each such account, a "“Designated Account"Account ”), and (ii) the names of the officers and any other designated representatives of the Borrower Authorized Representative authorized to request Revolving Loans on behalf of the BorrowerBorrowers, and shall provide the Agent with a specimen signature of each such officer and other designated representatives. The Agent acknowledges that notices previously received from the Borrower Borrowers in connection with the DIP Existing Loan Agreement shall remain in effect unless changed by the Borrower Borrowers prior to the Closing Effective Date. All such Designated Accounts must be reasonably satisfactory to the Agent. The Agent shall be entitled to rely conclusively on such officer's ’s or designated representatives' ’ authority to request Revolving Loans on behalf of the BorrowerBorrowers, the proceeds of which are to be transferred to any of the accounts specified by the Borrower Authorized Representative on behalf of the Borrowers pursuant to the immediately preceding sentence, until the Agent receives written notice to the contrary. The Agent shall have no duty to verify the identity of any individual representing him or herself as one of the officers or designated representatives authorized by the BorrowerAuthorized Representative to make such requests on behalf of the Borrowers.

Reliance upon Authority. On or prior to the Closing Date and thereafter prior to any change with respect to any of the information contained in the following clauses (i) and (ii), the Borrower Borrowers shall deliver to the Agent a writing setting forth (i) the account or accounts of the Borrower Borrowers to which the Agent is authorized to transfer the proceeds of the Revolving Loans requested pursuant to this Section 2.2 (each such account, a "Designated Account")2.2, and (ii) the names of the officers and any other designated representatives of the Borrower individuals authorized to request Revolving Loans on behalf of the each Borrower, and shall provide the Agent with a specimen signature of each such officer and other designated representatives. The Agent acknowledges that notices previously received from the Borrower in connection with the DIP Loan Agreement shall remain in effect unless changed by the Borrower prior to the Closing Date. All such Designated Accounts must be reasonably satisfactory to the Agentindividual. The Agent shall be entitled to rely conclusively on any such officerindividual's or designated representatives' authority to request Revolving Loans on behalf of the a Borrower, the proceeds of which are to be transferred to any of the accounts account specified by the Borrower Borrowers pursuant to the immediately preceding sentencesentence or disbursed in such other manner as such individual requesting such Borrowing may direct to the Agent, until the Agent receives written notice to the contrary. The Agent shall have no duty to verify the identity of any individual representing him or herself as one of the officers or designated representatives authorized by any Borrower to make such requests on its behalf. Each Borrower, as to itself, hereby irrevocably appoints each other Borrower as its attorney, with power to make withdrawals and transfers from, and deliver to the BorrowerAgent instructions in respect of, the account of the Borrowers referenced in clause (i) preceding, and hereby irrevocably authorizes the Agent to rely upon the acts and instructions of each such other Borrower in accordance with the authority delegated pursuant to this sentence.