Top Borrower. Each Borrower hereby designates Xxxxxxxx Corp., in its capacity as the Top Borrower, to act as its agent hereunder. The Top Borrower may act as agent on behalf of each Borrower for purposes of delivering Borrowing Requests and notices of conversion/continuation of to Section 2.08 or similar notices, giving instructions with respect to the disbursement of the proceeds of Loans, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan Documents. Xxxxxxxx Corp. hereby accepts such appointment. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf by the Top Borrower shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.
Appears in 2 contracts
Samples: Intercreditor Agreement (Cotiviti Holdings, Inc.), Intercreditor Agreement (Cotiviti Holdings, Inc.)
Top Borrower. Each Borrower hereby designates Xxxxxxxx Corp., in its capacity as the Top Borrower, to act as its agent hereunder. The Top Borrower may act as agent on behalf of each Borrower for purposes of delivering Borrowing Requests and notices of conversion/continuation of to Section 2.08 or similar notices, giving instructions with respect to the disbursement of the proceeds of LoansLoans and Letters of Credit, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan Documents. Xxxxxxxx Corp. hereby accepts such appointment. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf by the Top Borrower shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.
Appears in 2 contracts
Samples: Intercreditor Agreement (Cotiviti Holdings, Inc.), Intercreditor Agreement (Cotiviti Holdings, Inc.)
Top Borrower. Each Borrower hereby designates Xxxxxxxx Cotiviti Corp., in its capacity as the Top Borrower, to act as its agent hereunder. The Top Borrower may act as agent on behalf of each Borrower for purposes of delivering Borrowing Requests and notices of conversion/continuation of to Section 2.08 or similar notices, giving instructions with respect to the disbursement of the proceeds of LoansLoans and Letters of Credit, selecting interest rate options, giving and receiving all other notices and consents hereunder or under any of the other Loan Documents and taking all other actions (including in respect of compliance with covenants) on behalf of any Borrower or the Borrowers under the Loan Documents. Xxxxxxxx Cotiviti Corp. hereby accepts such appointment. Each Borrower agrees that each notice, election, representation and warranty, covenant, agreement and undertaking made on its behalf by the Top Borrower shall be deemed for all purposes to have been made by such Borrower and shall be binding upon and enforceable against such Borrower to the same extent as if the same had been made directly by such Borrower.
Appears in 1 contract
Samples: First Lien Credit Agreement (Cotiviti Holdings, Inc.)
