Borrower Representative definition
Examples of Borrower Representative in a sentence
Each Lender and other Secured Party (a) hereby agrees that, in connection with entry into any intercreditor agreement, the Administrative Agent and the Collateral Agent may rely exclusively on a certificate of a Responsible Officer of the Borrower Representative as to whether such other Liens are permitted, (b) hereby agrees that it will be bound by and will take no actions contrary to the provisions of any intercreditor agreement (if entered into).
Each Lender agrees promptly to notify the Borrower Representative and the Administrative Agent after any such set-off and application made by such Lender; provided, however, that the failure to give such notice shall not affect the validity of such setoff and application.
Each Request for Credit Extension (other than a Committed Loan Notice requesting only a conversion of Loans to the other Type or a continuation of SOFR Loans or Alternative Currency Term Rate Loans) submitted by the Borrower Representative shall be deemed to be a representation and warranty that the conditions specified in Sections 4.02(a) and (b) have been satisfied (unless waived) on and as of the date of the applicable Credit Extension.
With respect to any mandatory prepayment of Initial Term Loans, and, unless otherwise specified in the documents therefor, other Term Loan Tranches, pursuant to Section 2.05(b)(i) or (ii)(A), any Appropriate Lender, at its option (but solely to the extent the Borrower Representative elects for this clause (c) to be applicable to a given prepayment, other than in connection with any Refinancing Notes or any Specified Refinancing Term Loans), may elect not to accept such prepayment as provided below.
Any L/C Issuer may be replaced at any time by written agreement between the Borrower Representative, the Administrative Agent, the replaced L/C Issuer and the successor L/C Issuer.