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, Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as 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 Administrative Agent in its individual capacity. Administrative Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Appears in 2 contracts

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

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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, Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation participation, if any, in the Loans, Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if 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 Administrative Agent in its individual capacity. Administrative Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company 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 Company Borrowers, other Credit Parties and their respective Affiliates for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Appears in 2 contracts

Samples: Governance Agreement (Och-Ziff Capital Management Group LLC), Senior Subordinated Term Loan and Guaranty 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, Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loansfunding of the Quarterly Funding Amounts, Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it as Administrative Agent hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include Administrative Agent in its individual capacity. Administrative Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Financing Agreement (Clovis Oncology, 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, the Administrative Agent in to the extent, if any, of its individual capacity as a Lender hereunder. With respect to its any participation in the Term Loans, the Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if 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 the Administrative Agent in its individual capacity. The Administrative Agent and its respective Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company 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 Company Borrowers for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: 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, the Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, 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 though if 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 the Administrative Agent in its individual capacity. The Administrative Agent in its individual capacity, and its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company 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 Company the Borrowers for services in connection with this Agreement 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, the Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, the Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if 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 the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company AcquisitionCo or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Unsecured 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, Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as 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 Administrative Agent in its individual capacity. Administrative Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection 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, the Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the LoansLoans and the Letters of Credit, the Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if 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 the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company 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 Company the Borrower for services in connection with this Agreement 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, Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as 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 includes Administrative Agent in its individual capacity. Administrative Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit Agreement (Hypercom 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, the Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, 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 though if 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 the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company 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 Company the Borrower for services in connection with this Agreement 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 Person serving as Administrative Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Administrative Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an Administrative Agent hereunder in its individual capacity, if applicable. 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, the Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as 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 Administrative Agent in its individual capacityif applicable. Administrative Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Parent or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrower or any Exela Party for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Exela 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, the Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation participating in the LoansLoan, the Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as 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 the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with the Borrower, the Parent, any Host Company or any of its the Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower, the Parent, any Host Company and the Affiliates for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.. 119

Appears in 1 contract

Samples: Loan and Security Agreement (Asc Holdings Inc)

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