Common use of Administrative Agent in Individual Capacity Clause in Contracts

Administrative Agent in Individual Capacity. PrivateBank 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 Borrower and its Affiliates as though PrivateBank were not Administrative Agent hereunder and without notice to or consent of any Lender. Each Lender acknowledges that, pursuant to such activities, PrivateBank or its Affiliates may receive information regarding Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of Borrower or such Affiliates) and acknowledge that Administrative Agent shall be under no obligation to provide such information to them. With respect to its portion of the Loan, PrivateBank and its Affiliates shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though PrivateBank were not Administrative Agent, and the terms “Lender” and “Lenders” include PrivateBank and its Affiliates, to the extent applicable, in their individual capacities.

Appears in 4 contracts

Samples: Term Loan and Security Agreement (Diversicare Healthcare Services, Inc.), Term Loan and Security Agreement (Diversicare Healthcare Services, Inc.), Term Loan and Security Agreement (Diversicare Healthcare Services, Inc.)

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Administrative Agent in Individual Capacity. PrivateBank The 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 any Borrower and its Subsidiaries and Affiliates as though PrivateBank the Bank were not the Administrative Agent hereunder and without notice to or consent of any Lenderthe Lenders. Each Lender acknowledges that, pursuant to such activities, PrivateBank The Bank or its Affiliates may receive information regarding Borrower or any Borrower, its Affiliates and Account Debtors (including information that may be subject to confidentiality obligations in favor of such Borrower or such AffiliatesSubsidiary) and acknowledge that the Administrative Agent and the Bank shall be under no obligation to provide such information to them. With respect to its portion of Loans, the Loan, PrivateBank and its Affiliates Bank shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though PrivateBank it were not the Administrative Agent, and the terms “Lender” and “Lenders” include PrivateBank and the Bank in its Affiliates, to the extent applicable, in their individual capacitiescapacity.

Appears in 2 contracts

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

Administrative Agent in Individual Capacity. PrivateBank 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 Borrower the Loan Parties and its Affiliates as though PrivateBank were not Administrative Agent hereunder and without notice to or consent of any Lender. Each Lender acknowledges that, pursuant to such activities, PrivateBank or its Affiliates may receive information regarding Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of Borrower or such AffiliatesAffiliate) and acknowledge that Administrative Agent shall be under no obligation to provide such information to them. With respect to its portion of the Loantheir Loans (if any), PrivateBank and its Affiliates shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though PrivateBank were not Administrative Agent, and the terms “Lender” and “Lenders” include PrivateBank and its Affiliates, to the extent applicable, in their individual capacities.

Appears in 1 contract

Samples: Credit Agreement (Primoris Services Corp)

Administrative Agent in Individual Capacity. PrivateBank 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 Borrower the Loan Parties and its Affiliates as though PrivateBank were not Administrative Agent hereunder and without notice to or consent of any Lender. Each Lender acknowledges that, pursuant to such activities, PrivateBank or its Affiliates may receive Table of Contents information regarding Borrower Borrowers or its their Affiliates (including information that may be subject to confidentiality obligations in favor of Borrower Borrowers or such AffiliatesAffiliate) and acknowledge that Administrative Agent shall be under no obligation to provide such information to themsuch Lender. With respect to its portion of the Loantheir Loans (if any), PrivateBank and its Affiliates shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though PrivateBank were not Administrative Agent, and the terms “Lender” and “Lenders” include PrivateBank and its Affiliates, to the extent applicable, in their individual capacities.

Appears in 1 contract

Samples: Loan and Security Agreement (WESTMORELAND COAL Co)

Administrative Agent in Individual Capacity. PrivateBank 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 Borrower the Loan Parties and its Affiliates as though PrivateBank were not the Administrative Agent hereunder and without notice to or consent of any Lender. Each Lender acknowledges that, pursuant to such activities, PrivateBank or its Affiliates may receive information regarding Borrower Borrowers or its their Affiliates (including information that may be subject to confidentiality obligations in favor of a Borrower or such AffiliatesAffiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its portion of the Loantheir Loans (if any), PrivateBank and its Affiliates shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though PrivateBank were not the Administrative Agent, and the terms “Lender” and “Lenders” include PrivateBank and its Affiliates, to the extent applicable, in their individual capacities.

Appears in 1 contract

Samples: Loan and Security Agreement (Manitex International, Inc.)

Administrative Agent in Individual Capacity. PrivateBank 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 Borrower and its Affiliates as though PrivateBank were not Administrative Agent hereunder and without notice to or consent of any Lender. Each Lender acknowledges that, pursuant to such activities, PrivateBank or its Affiliates may receive information regarding Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of Borrower or such Affiliates) and acknowledge that Administrative Agent shall be under no obligation to provide such information to them. With respect to its portion of the LoanLoans, PrivateBank and its Affiliates shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though PrivateBank were not Administrative Agent, and the terms “Lender” and “Lenders” include PrivateBank and its Affiliates, to the extent applicable, in their individual capacities.

Appears in 1 contract

Samples: Revolving Loan and Security Agreement (Advocat Inc)

Administrative Agent in Individual Capacity. PrivateBank The 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 Borrower and the Parent or its Subsidiaries or Affiliates as though PrivateBank the Bank were not the Administrative Agent hereunder and without notice to or consent of any Lenderthe Lenders. Each Lender acknowledges that, pursuant to such activities, PrivateBank The Bank or its Affiliates may receive information regarding Borrower or the Parent, its Subsidiaries, its Affiliates or Account Debtors (including information that may be subject to confidentiality obligations in favor of Borrower the Parent or such AffiliatesSubsidiary or Affiliate) and acknowledge that the Administrative Agent and the Bank shall be under no obligation to provide such information to them. With respect to its portion of Loans, the Loan, PrivateBank and its Affiliates Bank shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though PrivateBank it were not the Administrative Agent, and the terms “Lender” and “Lenders” include PrivateBank and the Bank in its Affiliates, to the extent applicable, in their individual capacitiescapacity.

Appears in 1 contract

Samples: Credit Agreement (Manufacturers Services LTD)

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Administrative Agent in Individual Capacity. PrivateBank 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 Borrower the Loan Parties and its Affiliates as though PrivateBank were not Administrative Agent hereunder and without notice to or consent of any Lender. Each Lender acknowledges that, pursuant to such activities, PrivateBank or its Affiliates may receive information regarding Borrower Borrowers or its their Affiliates (including information that may be subject to 102 confidentiality obligations in favor of Borrower Borrowers or such AffiliatesAffiliate) and acknowledge that Administrative Agent shall be under no obligation to provide such information to themsuch Lender. With respect to its portion of the Loantheir Loans (if any), PrivateBank and its Affiliates shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though PrivateBank were not Administrative Agent, and the terms “Lender” and “Lenders” include PrivateBank and its Affiliates, to the extent applicable, in their individual capacities.

Appears in 1 contract

Samples: Loan and Security Agreement (WESTMORELAND COAL Co)

Administrative Agent in Individual Capacity. PrivateBank 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 Borrower the Loan Parties and its Affiliates as though PrivateBank were not Administrative Agent hereunder and without notice to or consent of any Lender. Each Lender acknowledges that, pursuant to such activities, PrivateBank or its Affiliates may receive information regarding Borrower Borrowers or its their Affiliates (including information that may be subject to confidentiality obligations in favor of Borrower Borrowers or such AffiliatesAffiliate) and acknowledge that Administrative Agent shall be under no obligation to provide such information to themsuch Lender. With respect to its portion of the Loantheir Loans (if any), PrivateBank and its Affiliates shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though PrivateBank were not Administrative Agent, and the terms “Lender” and “Lenders” include PrivateBank and its Affiliates, to the extent applicable, in their individual capacities.

Appears in 1 contract

Samples: Loan and Security Agreement (Westmoreland Resource Partners, LP)

Administrative Agent in Individual Capacity. PrivateBank SFB 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 Borrower the Loan Parties and its Affiliates as though PrivateBank SFB were not the Administrative Agent hereunder and without notice to or consent of any Lender. Each Lender acknowledges that, pursuant to such activities, PrivateBank SFB or its Affiliates may receive information regarding Borrower the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of Borrower the Company or such AffiliatesAffiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its portion of the Loantheir Loans (if any), PrivateBank SFB and its Affiliates shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though PrivateBank SFB were not the Administrative Agent, and the terms "Lender" and "Lenders" include PrivateBank SFB and its Affiliates, to the extent applicable, in their individual capacities.

Appears in 1 contract

Samples: Credit Agreement (Proquest Co)

Administrative Agent in Individual Capacity. PrivateBank 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 Borrower the Loan Parties and its Affiliates as though PrivateBank were not the Administrative Agent hereunder and without notice to or consent of any Lender. Each Lender acknowledges that, pursuant to such activities, PrivateBank or its Affiliates may receive information regarding Borrower the Loan Parties or its their Affiliates (including information that may be subject to confidentiality obligations in favor of Borrower such Loan Parties or such AffiliatesAffiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its portion of the Loantheir Loans (if any), PrivateBank and its Affiliates shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though PrivateBank were not the Administrative Agent, and the terms “Lender” and “Lenders” include PrivateBank and its Affiliates, to the extent applicable, in their individual capacities.

Appears in 1 contract

Samples: Credit Agreement (Winmark Corp)

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