Common use of Administrative Agent in Its Individual Capacity Clause in Contracts

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the US Borrower, the UK Borrower, any Guarantor, any Foreign Subsidiary Guarantor and any other Credit Party as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Documents. With respect to the Loans made by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Rockwood Specialties Group Inc), Credit Agreement (Rockwood Holdings, Inc.)

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Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the US Borrower, Borrowers and the UK Borrower, any Guarantor, any Foreign Subsidiary Guarantor and any other Credit Party Loan Parties as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Loan Documents. With respect to the its Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (General Chemical Group Inc), Credit Agreement (Gentek Inc)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the US Borrower, the UK Borrower, any Guarantor, any Foreign Subsidiary Lessee or the Guarantor and any other Credit Party as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit DocumentsOperative Agreements. With respect to the its Loans made or renewed by it and any Note issued to it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Documents Operative Agreements as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and “Lenders” shall include the Administrative Agent in its individual capacity."

Appears in 2 contracts

Samples: Credit Agreement (Capital One Financial Corp), Credit Agreement (Capital One Financial Corp)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Subsidiaries and Affiliates may make loans and other extensions of credit to, accept deposits from and generally engage in any kind of business with the US Borrower, Borrowers and the UK Borrower, any Guarantor, any Foreign Subsidiary Guarantor other Loan Parties and any other Credit Party their Subsidiaries and Affiliates as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Loan Documents. With respect to the Loans and other extensions of credit made by itit hereunder, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Sprague Resources LP), Credit Agreement (Sprague Resources LP)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the US BorrowerHolding, the UK Borrower, any Guarantor, any Foreign Subsidiary Guarantor and Borrower or any other Credit Loan Party as though the Administrative Agent were was not the Administrative Agent hereunder and under the other Credit Loan Documents. With respect to the Loans made or renewed by itthem and any Note issued to them and with respect to any Letter of Credit issued or participated in by them, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it they were not the Administrative an Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit and Guarantee Agreement (Sirva Inc), Credit and Guarantee Agreement

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the US Borrower, the UK Borrower, any Guarantor, any Foreign Subsidiary Guarantor and any other Credit Party Borrower as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Loan Documents. With respect to the its Revolving Credit Loans made or renewed by it and any Note issued to it, and with respect to any Letter of Credit issued or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Kimco Realty Corp), Credit Agreement (Kimco Realty Corp)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any of the US Borrower, Parent and the UK Borrower, any Guarantor, any Foreign Subsidiary Guarantor and any other Credit Party Loan Parties as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Loan Documents. With respect to the its Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Caribiner International Inc)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the US Borrower, the UK BorrowerParent, any Guarantor, any Foreign Subsidiary Guarantor and any other Credit Party their respective Subsidiaries or their respective Affiliates as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans made by itand all obligations of the Borrower and the Parent hereunder and under the other Loan Documents, the Administrative Agent shall have the same rights and powers under this Loan Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: 364 Day Credit Agreement (American Water Works Co Inc)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of banking or other business with the US Borrower, the UK Borrower, any Guarantor, any Foreign Subsidiary Guarantor and any other Credit Party and its Subsidiaries and affiliates as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans Loans, if any, made by it, the Administrative Agent in its capacity as a Lender, Administrative Agent in its capacity as a Lender shall have the same rights and powers under this Agreement and the other Credit Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender” and “" or "Lenders" shall include the Administrative Agent in its individual capacitycapacity as a Lender.

Appears in 1 contract

Samples: Credit Agreement (Veritas Software Corp /De/)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the US Borrower, the UK Borrowerits Subsidiaries, any Guarantor, any Foreign Subsidiary Guarantor and any other Credit Party or their affiliates as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans made by itthe Administrative Agent hereunder and all obligations of the Credit Parties hereunder and under the other Credit Documents, the Administrative Agent shall have the same rights and powers under this Credit Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Universal Corp /Va/)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans and other extensions of credit to, accept deposits from from, and generally engage in any kind of business with the US Borrower, the UK Borrower, any Guarantor, any Foreign Subsidiary Guarantor Borrower and any other Credit Party its Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Loan Documents. With respect to the Loans and other Extensions of Credit made by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Green Plains Renewable Energy, Inc.)

Administrative Agent in Its Individual Capacity. The ----------------------------------------------- Administrative Agent and its Affiliates may make loans to, accept deposits from from, hold equity securities of, and generally engage in any kind of business with the US Borrower, the UK Borrower, any Guarantor, any Foreign Subsidiary Guarantor and any other Credit Party as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Loan Documents. With respect to the its Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Hanover Compressor Co /)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the US Borrower, the UK Borrower, any Guarantor, any Foreign Subsidiary Guarantor Borrowers and any other Credit Borrower Party as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Loan Documents. With respect to the Loans made by with it, the Letters of Credit issued by it and all obligations owing to it, Administrative Agent shall have the same rights rights, powers and powers obligations under this Credit Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Revolving Credit Agreement (Apollo Asset Management, Inc.)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from from, hold equity securities of, and generally engage in any kind of business with the US Borrower, the UK Borrower, any Guarantor, any Foreign Subsidiary Guarantor and any other Credit Party as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Loan Documents. With respect to the its Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Hanover Compressor Co)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the US Borrower, the UK Borrower, Borrower or any Guarantor, any Foreign Subsidiary Guarantor and any other Credit Party Borrower as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Documentshereunder. With respect to the its Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Scotts Company)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the US Borrower, the UK Borrower, any Guarantor, any Foreign Subsidiary Guarantor Partners and any other Credit Party the Partner Parents and their respective Affiliates as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Loan Documents. With respect to the its Loans made or renewed by it and any Note issued to it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Iroquois Gas Transmission System Lp)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the US Borrower, the UK Borrower, any Guarantor, any Foreign Subsidiary Guarantor and any other Credit Party Borrower as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Loan Documents. With respect to the its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Landstar System Inc)

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Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with the US Borrower, the UK Borrower, any Guarantor, any Foreign Subsidiary Guarantor and any other Credit Party Borrower as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Loan Documents. With respect to the its Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Urban Shopping Centers Inc)

Administrative Agent in Its Individual Capacity. The Administrative Agent and each of its respective Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the US Borrower, the UK Borrower, any Guarantor, any Foreign Subsidiary Guarantor and any other Credit Party Borrower as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Loan Documents. With respect to the its Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its respective individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Computer Data Systems Inc)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the US Borrower, the UK Borrower, Borrower or any Guarantor, any Foreign Subsidiary Guarantor and any other Credit Party Borrower as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Documentshereunder. With respect to the its Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Scotts Company)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from from, hold equity securities of, and generally engage in any kind of business with the US Borrower, the UK Borrower, any Guarantor, any Foreign Subsidiary Guarantor and any other Credit Party as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Loan Documents. With respect to the its Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and “Lenders” shall include the Administrative Agent in its individual capacity."

Appears in 1 contract

Samples: Credit Agreement (Hanover Compressor Co /)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the US Borrower, the UK Borrower, any Guarantor, any Foreign Subsidiary Guarantor and any other Credit Party Borrower as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit DocumentsLoan Documents and the Interest Rate Hedge Agreements. With respect to the Loans made by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents and the Interest Rate Hedge Agreements as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and “Lenders” shall include the Administrative Agent in its individual capacity."

Appears in 1 contract

Samples: Credit Agreement (Baldwin Technology Co Inc)

Administrative Agent in Its Individual Capacity. The Administrative Agent With respect to its Commitments and its Affiliates may make loans toLoans, accept deposits from and generally engage in any kind of business with the US Borroweras applicable, the UK Borrower, any Guarantor, any Foreign Subsidiary Guarantor and any other Credit Party as though the Administrative Agent were in its individual capacity and not the Administrative Agent hereunder and under the other Credit Documents. With respect to the Loans made by it, the as Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms term “Lender” and or “Lenders” shall shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with the Borrower or its Affiliates as if it were not the Administrative Agent and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (SemGroup Corp)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the US Borrower, the UK Borrowerits Subsidiaries, any Guarantor, any Foreign Subsidiary Guarantor and any other Credit Party or their affiliates as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the Loan made by the Administrative Agent hereunder and all obligations of the Credit Parties hereunder and under the other Credit Documents. With respect to the Loans made by it, the Administrative Agent shall have the same rights and powers under this Credit Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and “Lenders” shall include the Administrative Agent in its individual capacity."

Appears in 1 contract

Samples: Term Loan Credit Agreement (Universal Corp /Va/)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the US Borrower, the UK Borrower, any Guarantor, any Foreign Subsidiary Guarantor and any other Credit Loan Party as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Loan Documents. With respect to the its Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued or participated in by it, the Administrative Agent shall have the same rights lights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Kirklands Inc)

Administrative Agent in Its Individual Capacity. The Administrative Agent in its individual capacity, and its Affiliates Affiliates, may make loans and other financial accommodations to, accept deposits from and generally engage in any kind of business with the US Borrower, the UK Borrower, any Guarantor, any Foreign Subsidiary Guarantor Borrower and any other Credit Party its Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans made or renewed by it, the Petra Note issued to it the Administrative Agent in its individual capacity shall have the same rights benefits, rights, powers and powers privileges under this Agreement Agreement, the Notes and the other Credit Loan Documents 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 the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Loan Agreement (Home Solutions of America Inc)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the US Borrower, the UK Borrower, any Guarantor, any Foreign Subsidiary Guarantor and any other Credit Party Obligor as though the Administrative Agent were was not the Administrative Agent hereunder and under the other Credit DocumentsAgent. With respect to the its Loans made or renewed by it, with respect to any Letter of Credit issued or participated in by it and with respect to any Acceptances created or participated in by it, the Administrative Agent shall will have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders” shall " will include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (General Bearing Corp)

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