Common use of Administrative Agent Entitled to Act as Lender Clause in Contracts

Administrative Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 28 contracts

Samples: Third Amendment Agreement (Netflix Inc), Term Loan Agreement (Uber Technologies, Inc), Term Loan Agreement (Uber Technologies, Inc)

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Administrative Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Administrative Agent in its individual capacity. Any Administrative Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with Borrower any Credit Party or any of its their respective Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower Borrower, other Credit Parties and their respective Affiliates for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 6 contracts

Samples: Credit and Guaranty Agreement (Sculptor Capital Management, Inc.), Credit and Guaranty Agreement (Sculptor Capital Management, Inc.), Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC)

Administrative Agent Entitled to Act as Lender. The agency hereby created Nothing herein or in any other Credit Document shall in no any way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any the Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each the Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless shall include the context clearly otherwise indicates, include each Administrative Agent in its individual capacity. Any The Administrative Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower for services in connection herewith and otherwise without having to account for the same to the Lenders.

Appears in 6 contracts

Samples: Credit Agreement, Credit Agreement (Facebook Inc), Credit Agreement (Facebook Inc)

Administrative Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 5 contracts

Samples: Revolving Credit Agreement (Block, Inc.), Revolving Credit Agreement (Block, Inc.), Revolving Credit Agreement (Square, Inc.)

Administrative Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Administrative Agent in its individual capacity. Any Administrative Agent and its Affiliates may accept deposits from, lend money to, own securities of, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Borrower Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower Company for services in connection herewith with this Agreement and otherwise without having to account for the same to Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Panolam Industries International Inc), Term Loan Agreement (Bare Escentuals Inc)

Administrative Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Term Loans, each Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Administrative Agent in its individual capacity. Any Administrative Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with Borrower the Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower Borrowers for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 2 contracts

Samples: Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.), Financing Agreement (Biohaven Pharmaceutical Holding Co Ltd.)

Administrative Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any the Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each the Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each the Administrative Agent in its individual capacity. Any The Administrative Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Hanover Insurance Group, Inc.), Credit Agreement (Hanover Insurance Group, Inc.)

Administrative Agent Entitled to Act as Lender. The agency hereby created shall shall, if applicable, in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation participation, if any, in the Loans, each Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Administrative Agent in its individual capacity. Any Administrative Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with Borrower any Credit Party or any of its their respective Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower Borrowers, other Credit Parties and their respective Affiliates for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 2 contracts

Samples: Counterpart Agreement (Och-Ziff Capital Management Group LLC), Governance Agreement (Och-Ziff Capital Management Group LLC)

Administrative Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder, if applicable. With respect to its participation in the Loans, if any, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 2 contracts

Samples: Security Agreement (Uber Technologies, Inc), Term Loan Agreement (Uber Technologies, Inc)

Administrative Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any the Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Term Loans, each the Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each the Administrative Agent in its individual capacity. Any The Administrative Agent and its respective Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with Borrower Borrowers or any of its their Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower Borrowers for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 2 contracts

Samples: Loan and Security Agreement (Horizon Pharma, Inc.), Loan and Security Agreement (Horizon Pharma, Inc.)

Administrative Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any the Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the LoansAdvances, each the Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each the Administrative Agent in its individual capacity. Any Administrative Agent and its Affiliates may accept deposits from, lend money to, own securities of, of and generally engage in any kind of banking, trust, financial advisory or other business with Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower for services in connection herewith and otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (LEAF Equipment Leasing Income Fund III, L.P.)

Administrative Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any the Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each the Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each the Administrative Agent in its individual capacity. Any The Administrative Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Revolving Credit Agreement (SoFi Technologies, Inc.)

Administrative Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Term Loans, each Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term "Lender" shall, unless the context clearly otherwise indicates, include each Administrative Agent in its individual capacity. Any Administrative Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower Company for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Financing Agreement (TherapeuticsMD, Inc.)

Administrative Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any the Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each the Administrative Agent shall have the same rights and powers hereunder in its capacity as a Lender as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each the Administrative Agent in its individual capacity. Any The Administrative Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.to

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Grifols SA)

Administrative Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any the Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the LoansLoans and the Letters of Credit, each the Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each the Administrative Agent in its individual capacity. Any The Administrative Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Revolving Credit Agreement (Las Vegas Sands Corp)

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Administrative Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if though it were not performing the duties and functions delegated to it hereunder, and the term "Lender" shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities Securities of, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower for services in connection herewith with this Agreement and otherwise without having to account for the same to the Lenders.. $1,100,000,000 CREDIT AGREEMENT

Appears in 1 contract

Samples: Credit Agreement (Assurant Inc)

Administrative Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Term Loans, each Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Administrative Agent in its individual capacity. Any Administrative Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower Company for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Financing Agreement (TherapeuticsMD, Inc.)

Administrative Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if though it were not performing the duties and functions delegated to it hereunder, and the term "Lender" shall, unless the context clearly otherwise indicates, include each Administrative Agent in its individual capacity. Any Administrative Agent and its Affiliates may accept deposits from, lend money to, own securities of, to and generally engage in any kind of banking, trust, financial advisory or other business with Borrower Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from either Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Convergent Communications Inc /Co)

Administrative Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Administrative Agent in its individual capacity. Any Administrative Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with Borrower any Credit Party or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower any Credit Party for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit Agreement (Energy & Exploration Partners, Inc.)

Administrative Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Administrative Agent in its individual capacity. Any Administrative Agent and its Affiliates may accept deposits from, lend money to, own securities of, to and generally engage in any kind of banking, trust, financial advisory or other business with Borrower Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower Company for services in connection herewith with this Agreement and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit Agreement (Express Scripts Inc)

Administrative Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any the Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each the Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each the Administrative Agent in its individual capacity. Any The Administrative Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with Borrower AcquisitionCo or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower Company for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (CVR Energy Inc)

Administrative Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any the Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each the Administrative Agent in its individual capacity, shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term "Lender" shall, unless the context clearly otherwise indicates, include each the Administrative Agent in its individual capacity. Any The Administrative Agent in its individual capacity, and its Affiliates may accept deposits from, lend money to, own securities of, to and generally engage in any kind of banking, trust, financial advisory or other business with Borrower the Parent or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower the Borrowers for services in connection herewith and otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Nuvox Inc /De/)

Administrative Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Administrative Agent in its individual capacity. Any Administrative Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Alion Science & Technology Corp)

Administrative Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if though it were not performing the duties and functions delegated to it hereunder, and the term "Lender" shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities Securities of, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower for services in connection herewith with this Agreement and otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Assurant Inc)

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