Common use of Administrative Agent in Individual Capacity Clause in Contracts

Administrative Agent in Individual Capacity. The Administrative Agent and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower or its Affiliates as though the Administrative Agent were not the Administrative Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates may receive information regarding the Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower or such Affiliates) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. The Administrative Agent which is also a Lender hereunder shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “

Appears in 3 contracts

Samples: Credit Agreement (Nii Holdings Inc), Credit Agreement (Nii Holdings Inc), Credit Agreement (Nii Holdings Inc)

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Administrative Agent in Individual Capacity. The Administrative Agent BofA and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower or and its Subsidiaries and Affiliates as though the Administrative Agent BofA were not the Administrative Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent BofA or its Affiliates may receive information regarding the Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower or such AffiliatesSubsidiary) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. The Administrative Agent which is also a Lender hereunder With respect to its Loans, BofA shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" include BofA in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Montpelier Re Holdings LTD), Credit Agreement (Montpelier Re Holdings LTD)

Administrative Agent in Individual Capacity. The Administrative Agent and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower or its Affiliates as though the Administrative Agent were not the an Administrative Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates may receive information regarding the Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower or such Affiliates) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. The Any Administrative Agent which is also a Lender hereunder shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the terms “Lender” and “Lenders” shall include such Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Nii Holdings Inc), Credit Agreement (Nii Holdings Inc)

Administrative Agent in Individual Capacity. The Administrative Agent and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower or and its Subsidiaries and Affiliates as though the it were not Administrative Agent were not the Administrative Agent or Issuing Lender hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates may receive information regarding the Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower or such AffiliatesAffiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. The With respect to its Loans, Administrative Agent which is also a Lender hereunder shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Agent or Issuing Lender” and “.

Appears in 2 contracts

Samples: Credit Agreement (Apartment Investment & Management Co), Credit Agreement (Aimco Properties Lp)

Administrative Agent in Individual Capacity. The Administrative Agent and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower or its Borrowers and their Subsidiaries and Affiliates as though the Administrative Agent it were not the Administrative Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates may receive information regarding the Borrower Borrowers or its their Affiliates (including information that may be subject to confidentiality obligations in favor of the such Borrower or such AffiliatesAffiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. The With respect to its Loans, Administrative Agent which is also a Lender hereunder shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” "Lender and "

Appears in 1 contract

Samples: Interim Credit Agreement (Apartment Investment & Management Co)

Administrative Agent in Individual Capacity. The Administrative Agent and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower or its Loan Parties and their Subsidiaries and Affiliates as though the Administrative Agent were not the Administrative Agent or an Issuing Bank hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates may receive information regarding the Borrower Loan Parties or its their Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower any Loan Party or such AffiliatesSubsidiary) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. The With respect to its Loans and other Credit Extensions, the Administrative Agent which is also a Lender hereunder shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Administrative AgentAgent or an Issuing Bank, and the terms term “Lender” and “includes the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (International Assets Holding Corp)

Administrative Agent in Individual Capacity. The Administrative Agent Xxxx Capital and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower or its Loan Parties and Affiliates as though the Administrative Agent Xxxx Capital were not the Administrative Agent hereunder and without notice to or consent of the Lendersany Lender. The Lenders acknowledge Each Lender acknowledges that, pursuant to such activities, the Administrative Agent Xxxx Capital or its Affiliates may receive information regarding the Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower or such AffiliatesAffiliate) and acknowledge acknowledges that the Administrative Agent shall be under no obligation to provide such information to them. The Administrative Agent which is also a Lender hereunder With respect to their Term Loans (if any), Xxxx Capital and its Affiliates shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it Xxxx Capital were not the Administrative Agent, and the terms “Lender” and “Lenders” include Xxxx Capital and its Affiliates, to the extent applicable, in their individual capacities.

Appears in 1 contract

Samples: Term Loan Credit Agreement

Administrative Agent in Individual Capacity. The Administrative Agent and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower or its Borrowers and their Subsidiaries and Affiliates as though the Administrative Agent it were not the Administrative Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates may receive information regarding the Borrower Borrowers or its their Affiliates (including information that may be subject to confidentiality obligations in favor of the such Borrower or such AffiliatesAffiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. The With respect to its Loans, Administrative Agent which is also a Lender hereunder shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Apartment Investment & Management Co)

Administrative Agent in Individual Capacity. The Administrative Agent ABN and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower or Company and its Subsidiaries and Affiliates as though the Administrative Agent ABN were not the Administrative Agent or the Issuing Lender hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent ABN or its Affiliates may receive information regarding the Borrower Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower Company or such AffiliatesAffiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. The Administrative Agent which is also a Lender hereunder With respect to their Loans (if any), ABN and its Affiliates shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it ABN were not the Administrative AgentAgent and the Issuing Lender, and the terms "Lender" and "Lenders" include ABN and its Affiliates, to the extent applicable, in their individual capacities.

Appears in 1 contract

Samples: Confirmation Credit Agreement (Tokheim Corp)

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Administrative Agent in Individual Capacity. The Administrative Agent Bank and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower Parent or any of its Subsidiaries or Affiliates as though the Administrative Agent Bank were not the Administrative Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent Bank or any of its Affiliates may receive information regarding the Borrower or Parent, its Subsidiaries, its Affiliates and Account Debtors (including information that may be subject to confidentiality obligations in favor of the Borrower Parent or such AffiliatesSubsidiary or Affiliate) and the Lenders acknowledge that neither the Administrative Agent nor the Bank shall be under no any obligation to provide such information to them. The Administrative Agent which is also a Lender hereunder With respect to its Loans, the Bank shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the terms "Lender" and "Lenders" include the Bank in its individual capacity.

Appears in 1 contract

Samples: Possession Credit Agreement (Foamex L P)

Administrative Agent in Individual Capacity. The Administrative Agent LaSalle and its Affiliates may make loans to, issue letters Letters of credit Credit for the account of, accept deposits from, acquire equity interests in from and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower or its Borrowers and their Subsidiaries and Affiliates as though the Administrative Agent it were not the Administrative Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates may receive information regarding the Borrower Borrowers or its their Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower Borrowers or such AffiliatesSubsidiaries) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. The With respect to their Loans, Administrative Agent which is also a Lender hereunder and its Affiliates shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it such Administrative Agent were not the an Administrative Agent, and the terms “Lender” Lender and Lenders include Administrative Agent and its Affiliates, to the extent applicable, in their individual capacities.

Appears in 1 contract

Samples: Revolving Credit Agreement (Information Resources Inc)

Administrative Agent in Individual Capacity. The Administrative Agent Fortis and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower or and its Subsidiaries and Affiliates as though the Fortis were not Administrative Agent were not or the Administrative Agent Issuing Bank hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent Fortis or its Affiliates may receive information regarding the Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower or such AffiliatesSubsidiary) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. The Administrative Agent which is also a Lender hereunder With respect to its Loans, Fortis shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not Administrative Agent or the Administrative AgentIssuing Bank, and the terms “LenderIssuing Bank” and “Lender” include Fortis in its individual capacity.

Appears in 1 contract

Samples: Uncommitted Credit Agreement (International Assets Holding Corp)

Administrative Agent in Individual Capacity. The Administrative Agent and Agent, in its Affiliates individual capacity, may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower or its Affiliates of any Affiliate thereof as though the Administrative Agent were not the Administrative Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates may receive information regarding the Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower or such AffiliatesBorrower) and acknowledge that the Administrative Agent Agent-Related Persons shall be under no obligation to provide such information to them. The With respect to its Loans, Administrative Agent which is also Agent, in its individual capacity as a Lender hereunder Lender, shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not Administrative Agent or the Administrative Agent, and the terms “Issuing Lender” and “.

Appears in 1 contract

Samples: Credit Agreement (Miller Petroleum Inc)

Administrative Agent in Individual Capacity. The Administrative Agent Bank and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower Holdings or any of its Subsidiaries or Affiliates as though the Administrative Agent Bank were not the Administrative Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent Bank or any of its Affiliates may receive information regarding the Borrower or Holdings, its Subsidiaries, its Affiliates and Account Debtors (including information that may be subject to confidentiality obligations in favor of the Borrower Holdings or such AffiliatesSubsidiary or Affiliate) and the Lenders acknowledge that neither the Administrative Agent nor the Bank shall be under no any obligation to provide such information to them. The Administrative Agent which is also a Lender hereunder With respect to its Loans, the Bank shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the terms “Lender” and “Lenders” include the Bank in its individual capacity.

Appears in 1 contract

Samples: Revolving Credit Agreement (Foamex International Inc)

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