Common use of Administrative Agent and Affiliates Clause in Contracts

Administrative Agent and Affiliates. Xxxxx Fargo (and each successor Administrative Agent) has the same rights and powers under the Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “Lender” or “Lenders” includes Xxxxx Fargo in its individual capacity. Xxxxx Fargo (and each successor Administrative Agent) and its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with Borrower, any Subsidiary thereof, or any Affiliate of Borrower or any Subsidiary thereof, as if it were not the Administrative Agent and without any duty to account therefor to the Lenders. Xxxxx Fargo (and each successor Administrative Agent) need not account to any other Lender for any monies received by it for reimbursement of its costs and expenses as Administrative Agent hereunder, or (subject to Section 11.10) for any monies received by it in its capacity as a Lender hereunder. The Administrative Agent shall not be deemed to hold a fiduciary relationship with any Lender and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Administrative Agent.

Administrative Agent and Affiliates. Xxxxx Fargo KeyBank (and each successor Administrative AgentAgent in its individual capacity) has the same rights and powers under the Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “Lender” or “Lenders” includes Xxxxx Fargo KeyBank in its individual capacity. Xxxxx Fargo KeyBank (and each successor Administrative AgentAgent in its individual capacity) and its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with Borrower, any Subsidiary thereof, or any Affiliate of Borrower or any Subsidiary thereofother member of the Consolidated Group, as if it were not the Administrative Agent and without any duty to account therefor to the Lenders. Xxxxx Fargo KeyBank (and each successor Administrative AgentAgent in its individual capacity) need not account to any other Lender for any monies received by it for reimbursement of its costs and expenses as the Administrative Agent hereunder, or (subject to Section 11.10) for any monies received by it in its capacity as a Lender hereunder, other than as required of any Lender hereunder. The Administrative Agent shall not be deemed to hold a fiduciary or agency relationship with any Lender and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Administrative Agent. The provisions of this Section 10.2 shall apply equally to any other agents named herein.

Administrative Agent and Affiliates. Xxxxx Fargo (and each successor Administrative Agent) has the same rights and powers under the Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “"Lender” " or “"Lenders” " includes Xxxxx Fargo in its individual capacity. Xxxxx Fargo (and each successor Administrative Agent) and its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with Borrower, any Subsidiary thereof, or any Affiliate of Borrower or any Subsidiary thereof, as if it were not the Administrative Agent and without any duty to account therefor to the Lenders. Xxxxx Fargo (and each successor Administrative Agent) need not account to any other Lender for any monies received by it for reimbursement of its costs and expenses as Administrative Agent hereunder, or (subject to Section 11.10) for any monies received by it in its capacity as a Lender hereunder. The Administrative Agent shall not be deemed to hold a fiduciary relationship with any Lender and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Administrative Agent.

Administrative Agent and Affiliates. Xxxxx Fargo JPMorgan Chase Bank (and each successor Administrative Agent) has the same rights and powers under the Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “Lender” or “Lenders” includes Xxxxx Fargo JPMorgan Chase Bank in its individual capacity. Xxxxx Fargo JPMorgan Chase Bank (and each successor Administrative Agent) and its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with Borrowerany Credit Party, any Subsidiary thereof, or any Affiliate of Borrower any Credit Party or any Subsidiary thereof, as if it were not the Administrative Agent and without any duty to account therefor to the Lenders. Xxxxx Fargo JPMorgan Chase Bank (and each successor Administrative Agent) need not account to any other Lender for any monies received by it for reimbursement of its costs and expenses as Administrative Agent hereunder, or (subject to Section 11.10) for any monies received by it in its capacity as a Lender hereunderany other capacity. The Administrative Agent shall not be deemed to hold a fiduciary relationship with any Lender and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Administrative Agent, regardless of whether a Default or an Event of Default has occurred and is continuing.

Administrative Agent and Affiliates. Xxxxx Fargo KeyBank (and each successor Administrative AgentAgent in its individual capacity) has the same rights and powers under the Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “Lender” or “Lenders” includes Xxxxx Fargo KeyBank in its individual capacity. Xxxxx Fargo KeyBank (and each successor Administrative AgentAgent in its individual capacity) and its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with Borrower, any Subsidiary thereof, or any Affiliate of Borrower or any Subsidiary thereofother member of the Consolidated Group, as if it were not the Administrative Agent and without any duty to account therefor to the Lenders. Xxxxx Fargo KeyBank (and each successor Administrative AgentAgent in its individual capacity) need not account to any other Lender for any monies received by it for reimbursement of its costs and expenses as the Administrative Agent hereunder, or (subject to Section 11.10) for any monies received by it in its capacity as a Lender hereunder, other than as required of any Lender hereunder. The Administrative Agent shall not be deemed to hold a fiduciary or agency relationship with any Lender and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Administrative Agent.

Administrative Agent and Affiliates. Xxxxx Fargo (and each successor Administrative Agent) has the same rights and powers under the Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “Lender” or “Lenders” includes Xxxxx Fargo in its individual capacity. Xxxxx Fargo (and each successor Administrative Agent) and its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with Borrower, any Subsidiary thereof, or any Affiliate of Borrower or any Subsidiary thereof, as if it were not the Administrative Agent and without any duty to account therefor to the Lenders. Xxxxx Fargo (and each successor Administrative Agent) need not account to any other Lender for any monies received by it for reimbursement of its costs and expenses as Administrative Agent hereunder, or (subject to Section 11.10) for any monies received by it in its capacity as a Lender hereunder. The Administrative Agent shall not be deemed to hold a fiduciary fiduciary, trust or other special relationship with any Lender and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Administrative Agent.

Administrative Agent and Affiliates. Xxxxx Fargo Citicorp USA, Inc. (and each successor Administrative Agent) has the same rights and powers under the Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “Lender” or “Lenders” includes Xxxxx Fargo Citicorp USA, Inc. in its individual capacity. Xxxxx Fargo Citicorp USA, Inc. (and each successor Administrative Agent) and its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with Borrowerany Credit Party, any Subsidiary thereof, or any Affiliate of Borrower any Credit Party or any Subsidiary thereof, as if it were not the Administrative Agent and without any duty to account therefor to the Lenders. Xxxxx Fargo Citicorp USA, Inc. (and each successor Administrative Agent) need not account to any other Lender for any monies received by it for reimbursement of its costs and expenses as Administrative Agent hereunder, or (subject to Section 11.10) for any monies received by it in its capacity as a Lender hereunderany other capacity. The Administrative Agent shall not be deemed to hold a fiduciary relationship with any Lender and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Administrative Agent, regardless of whether a Default or an Event of Default has occurred and is continuing.

Administrative Agent and Affiliates. Xxxxx Fargo KeyBank (and each successor Administrative AgentAgent in its individual capacity) has the same rights and powers under the Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “Lender” or “Lenders” includes Xxxxx Fargo KeyBank in its individual capacity. Xxxxx Fargo KeyBank (and each successor Administrative AgentAgent in its individual capacity) and its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with Borrower, any Subsidiary thereof, or any Affiliate of Borrower or any Subsidiary thereofother member of the Glimcher Consolidated Group, as if it were not the Administrative Agent and without any duty to account therefor to the Lenders. Xxxxx Fargo KeyBank (and each successor Administrative AgentAgent in its individual capacity) need not account to any other Lender for any monies received by it for reimbursement of its costs and expenses as the Administrative Agent hereunder, or (subject to Section 11.10) for any monies received by it in its capacity as a Lender hereunder, other than as required of any Lender hereunder. The Administrative Agent shall not be deemed to hold a fiduciary or agency relationship with any Lender and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Administrative Agent.

Administrative Agent and Affiliates. Xxxxx Wxxxx Fargo (and each successor Administrative Agent) has the same rights and powers under the Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “"Lender” " or “"Lenders” " includes Xxxxx Wxxxx Fargo in its individual capacity. Xxxxx Wxxxx Fargo (and each successor Administrative Agent) and its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with Borrower, any Subsidiary thereof, or any Affiliate of Borrower or any Subsidiary thereof, as if it were not the Administrative Agent and without any duty to account therefor to the Lenders. Xxxxx Wxxxx Fargo (and each successor Administrative Agent) need not account to any other Lender for any monies received by it for reimbursement of its costs and expenses as Administrative Agent hereunder, or (subject to Section 11.10) for any monies received by it in its capacity as a Lender hereunder. The Administrative Agent shall not be deemed to hold a fiduciary relationship with any Lender and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Administrative Agent.

Administrative Agent and Affiliates. Xxxxx Fargo (and each successor Administrative Agent) has the same rights and powers under the Loan Documents as any other Lender Lender, and may exercise the same as though it were not the Administrative Agent, and the term “"Lender” " or “"Lenders” " includes Xxxxx Fargo in its individual capacity. Xxxxx Fargo (and each successor Administrative Agent) and its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with Borrower, any Subsidiary thereof, or any Affiliate of Borrower or any Subsidiary thereof, as if it were not the Administrative Agent and without any duty to account therefor to the Lenders. Xxxxx Fargo (and each successor Administrative Agent) need not account to any other Lender for any monies received by it for reimbursement of its costs and expenses as Administrative Agent hereunder, or (subject to Section 11.10) for any monies received by it in its capacity as a Lender hereunder. The Administrative Agent shall not be deemed to hold a fiduciary relationship with any Lender and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Administrative Agent.

Administrative Agent and Affiliates. Xxxxx Wells Fargo (and ----------------------------------- each successor Administrative Agent) has the same rights and powers under the Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “"Lender” " or “"Lenders” " includes Xxxxx Wells Fargo in its individual capacity. Xxxxx Wells Fargo (and each successor Administrative succesxxx Xdministrative Agent) and its Affiliates Affilixxxx may accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with Borrower, any Subsidiary thereof, or any Affiliate of Borrower or any Subsidiary thereof, as if it were not the Administrative Agent and without any duty to account therefor to the Lenders. Xxxxx Wells Fargo (and each successor Administrative Agent) need not account to accouxx xx any other Lender for any monies received by it for reimbursement of its costs and expenses as Administrative Agent hereunder, or (subject to Section 11.10) for any monies received by it in ------------- its capacity as a Lender hereunder. The Administrative Agent shall not be deemed to hold a fiduciary relationship with any Lender and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Administrative Agent.

Administrative Agent and Affiliates. Xxxxx Wells Fargo (and each successor Administrative Agent) has the same rights and powers under the Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “Lender” or “Lenders” includes Xxxxx Fargo in its individual capacity. Xxxxx Fargo (and each successor Administrative Agent) and its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with Borrower, any Subsidiary thereof, or any Affiliate of Borrower or any Subsidiary thereof, as if it were not the Administrative Agent and without any duty to account therefor to the Lenders. Xxxxx Wells Fargo (and each successor Administrative Agent) need not account to any other Lender for any monies received by it for reimbursement of its costs and expenses as Administrative Agent hereunder, or (subject to Section 11.10) for any monies received by it in its capacity as a Lender hereunderXxxxxx xxxxxxxxx. The Administrative Agent shall not be deemed to hold a fiduciary relationship with any Lender and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Administrative Agent.

Administrative Agent and Affiliates. Xxxxx Fargo Bank of America, N.A. (and each successor Administrative Agent) has the same rights and powers under the Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “"Lender” " or “"Lenders” " includes Xxxxx Fargo Bank of America, N.A. in its individual capacity. Xxxxx Fargo Bank of America, N.A. (and each successor Administrative Agent) and its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with Borrower, any Subsidiary thereof, or any Affiliate of Borrower or any Subsidiary thereof, as if it were not the Administrative Agent and without any duty to account therefor to the Lenders. Xxxxx Fargo Bank of America, N.A. (and each successor Administrative Agent) need not account to any other Lender for any monies received by it for reimbursement of its costs and expenses as Administrative Agent hereunder, or (subject to Section 11.10) for any monies received by it in its capacity as a Lender hereunder. The Administrative Agent shall not be deemed to hold a fiduciary relationship with any Lender and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Administrative Agent.

Administrative Agent and Affiliates. Xxxxx Wxxxx Fargo (and each successor Administrative Agent) has the same rights and powers under the Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “Lender” or “Lenders” includes Xxxxx Wxxxx Fargo in its individual capacity. Xxxxx Wxxxx Fargo (and each successor Administrative Agent) and its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with Borrower, any Subsidiary thereof, or any Affiliate of Borrower or any Subsidiary thereof, as if it were not the Administrative Agent and without any duty to account therefor to the Lenders. Xxxxx Wxxxx Fargo (and each successor Administrative Agent) need not account to any other Lender for any monies received by it for reimbursement of its costs and expenses as Administrative Agent hereunder, or (subject to Section 11.10) for any monies received by it in its capacity as a Lender hereunder. The Administrative Agent shall not be deemed to hold a fiduciary relationship with any Lender and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Administrative Agent.

Administrative Agent and Affiliates. Xxxxx Fargo JPMorgan Chase Bank (and each successor Administrative Agent) has the same rights and powers under the Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “"Lender” " or “"Lenders” " includes Xxxxx Fargo JPMorgan Chase Bank in its individual capacity. Xxxxx Fargo JPMorgan Chase Bank (and each successor Administrative Agent) and its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with Borrowerthe Company, any Subsidiary thereof, or any Affiliate of Borrower the Company or any Subsidiary thereof, as if it were not the Administrative Agent and without any duty to account therefor to the Lenders. Xxxxx Fargo JPMorgan Chase Bank (and each successor Administrative Agent) need not account to any other Lender for any monies received by it for reimbursement of its costs and expenses as Administrative Agent hereunder, or (subject to Section 11.10) for any monies received by it in its capacity as a Lender hereunderany other capacity. The Administrative Agent shall not be deemed to hold a fiduciary relationship with any Lender and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Administrative Agent, regardless of whether a Default or an Event of Default has occurred and is continuing.

Administrative Agent and Affiliates. Xxxxx Wells Fargo (and each successor Administrative Agent) has the same rights rxxxxx and powers under the Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “"Lender” " or “"Lenders” " includes Xxxxx Wells Fargo in its individual capacity. Xxxxx Wells Fargo (and each successor Administrative succesxxx Xdministrative Agent) and its Affiliates Affilixxxx may accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with Borrower, any Subsidiary thereof, or any Affiliate of Borrower or any Subsidiary thereof, as if it were not the Administrative Agent and without any duty to account therefor to the Lenders. Xxxxx Wells Fargo (and each successor Administrative Agent) need not account to accouxx xx any other Lender for any monies received by it for reimbursement of its costs and expenses as Administrative Agent hereunder, or (subject to Section 11.10) for any monies received by it in its capacity as a Lender hereunder. The Administrative Agent shall not be deemed to hold a fiduciary relationship with any Lender and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Administrative Agent.

Administrative Agent and Affiliates. Xxxxx Fargo Bank of America (and each ----------------------------------- successor Administrative Agent) has the same rights and powers under the Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “"Lender” " or “"Lenders” " includes Xxxxx Fargo Bank of America in its individual capacity. Xxxxx Fargo Bank of America (and each successor Administrative Agent) and its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with Borrower, any Subsidiary thereof, or any Affiliate of Borrower or any Subsidiary thereof, as if it were not the Administrative Agent and without any duty to account therefor to the Lenders. Xxxxx Fargo Bank of America (and each successor Administrative Agent) need not account to any other Lender for any monies received by it for reimbursement of its costs and expenses as Administrative Agent hereunder, or (subject to Section 11.10) for any monies received by it in its capacity as a Lender hereunder. The Administrative Agent shall not be deemed to hold a fiduciary or other special relationship with any Lender and no implied covenants, functions, responsibilitiesresponsi bilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Administrative Agent.

Administrative Agent and Affiliates. Xxxxx Fargo The Administrative Agent and ----------------------------------- its Affiliates (and each successor Administrative Agent) has have the same rights and powers under the Loan Documents as any other Lender Bank and may exercise the same as though it were not the Administrative Agent, Agent to the extent either the Administrative Agent or an Affiliate has executed this Agreement as a Bank or has executed an Assignment Agreement as Assignee. The Administrative Agent and the term “Lender” or “Lenders” includes Xxxxx Fargo in its individual capacity. Xxxxx Fargo Affiliates (and each successor Administrative Agent) and its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with any Borrower, any Subsidiary subsidiary thereof, or any Affiliate of Borrower the Company or any Subsidiary thereof, as if it were not the Administrative Agent and without any duty to account therefor to the LendersBanks. Xxxxx Fargo CUSA (and each successor Administrative Agent) need not account to any other Lender Bank for any monies received by it for reimbursement of its costs and expenses as Administrative Agent hereunder, or (subject to Section 11.10) for any monies received by it or any Affiliate in its capacity as a Lender Bank hereunder. The Administrative Agent shall not be deemed to hold a fiduciary relationship with any Lender Bank and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Administrative Agent.