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 Borrower or any other party to the Loan Documents as though the Administrative Agent were not an agent hereunder. With respect to its Loans made or renewed by it and any Notes issued to it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan Documents, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 4 contracts

Samples: Credit Agreement (Kenexa Corp), Credit Agreement (Kenexa Corp), Credit Agreement (Kenexa Corp)

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Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates and Subsidiaries may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any other party to the Loan Documents Credit Parties as though the Administrative Agent were not an agent the Administrative Agent hereunder. With respect to its Loans made or renewed by it, any Note issued to it and any Notes Letter of Credit issued to by or participated in by it, the Administrative Agent shall have the same rights and powers powers, duties and liabilities under this Agreement and the other Loan Credit Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan Documents, Administrative Agent and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacitycapacities.

Appears in 4 contracts

Samples: Credit Agreement (Citadel Broadcasting Corp), Credit Agreement (Citadel Broadcasting Corp), Credit Agreement (Citadel Broadcasting 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 the Borrower or any other party to the Loan Documents Party as though it were not the Administrative Agent were not or an agent hereunderAffiliate thereof. With respect to its Revolving Loans made or renewed by it and with respect to any Notes Letter of Credit issued to or participated in by it, the Administrative Agent and its Affiliates shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent or an Affiliate thereof, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 4 contracts

Samples: Credit Agreement (CorePoint Lodging Inc.), Credit Agreement (CorePoint Lodging Inc.), Credit Agreement (CorePoint Lodging 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 Borrower Parent, the Company or any other party to the Loan Documents Borrower as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Loan Documents. With respect to its Loans made or renewed by it and any Notes Note issued to it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender Bank and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “Lender” "Bank" and “Lenders” "Banks" shall include the Administrative Agent in its individual capacity.

Appears in 4 contracts

Samples: Credit Agreement (W R Grace & Co), 364 Day Credit Agreement (Wr Grace & Co/De), 364 Day Credit Agreement (W R Grace & Co)

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 Borrower or any other party to the Loan Documents Party as though the Administrative Agent were was not an agent hereunderthe Administrative Agent. With respect to its Loans made or renewed by it and with respect to any Notes Letter of Credit issued to or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 4 contracts

Samples: Credit Agreement (Details Inc), Credit Agreement (Details Capital Corp), Credit Agreement (Hilfiger Tommy 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 Borrower Borrower, its Subsidiaries or any other party to the Loan Documents their affiliates as though the Administrative Agent were not an agent the Administrative Agent hereunder. With respect to its the Loans made or renewed by it the Administrative Agent hereunder and any Notes issued to itall obligations of the Borrower hereunder and under the other Credit Documents, the Administrative Agent shall have the same rights and powers under this Credit Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 4 contracts

Samples: 364 Day Revolving Credit Agreement (Nucor Corp), Multi Year Revolving Credit Agreement (Nucor Corp), Multi Year Revolving Credit Agreement (Nucor 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 the Borrower or any other party to the Loan Documents as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Loan Documents. With respect to its Loans made or renewed by it and any Notes Revolving Credit Note issued to itit and with respect to the Letters of Credit, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder Administrative Agent. The terms "Lender" and under the other Loan Documents, and the terms “Lender” and “"Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 3 contracts

Samples: Credit Agreement (El Paso Energy Partners Lp), Credit Agreement (Leviathan Gas Pipeline Partners L P), Credit Agreement (Moray Pipeline Co LLC)

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 Borrower or any other party to the Loan Documents Credit Party as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Loan Documents. With respect to its Loans made or renewed by it and any Notes 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 Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 3 contracts

Samples: Credit Agreement (Hanover Compressor Co /), Credit Agreement (Hanover Compressor Co /), Credit Agreement (Hanover Compressor Co /)

Administrative Agent in Its Individual Capacity. The Each of the Administrative Agent in its individual capacity and its Affiliates the affiliates thereof may make loans to, purchase receivables from, accept deposits from and generally engage in any kind of business with the Borrower or any other party to the Loan Documents Seller Parties and their Affiliates as though the Administrative Agent were not an agent the Administrative Agent hereunder. With respect to its Loans made or renewed by it and any Notes issued to itReceivable Interests, if any, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender Purchaser and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “LenderPurchaser” and “LendersPurchasers” shall include the Administrative Agent in its individual capacity.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Pool Corp), Omnibus Amendment (Pool Corp), Receivables Purchase Agreement (Pool 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 Borrower or any other party to the Loan Documents as though the Administrative Agent were not an agent the Administrative Agent hereunder. With respect to its Loans the Committed Percentage of the Loan made or renewed by it and any Notes issued the Note (with respect to itthe portion of the Note corresponding to the Administrative Agent’s Committed Percentage of the Loan), the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 3 contracts

Samples: Term Loan Facility Agreement (Royal Gold Inc), Term Loan Facility Agreement (Royal Gold Inc), Term Loan Facility Agreement (Royal Gold 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 Borrower or any other party to the Loan Documents as though the Administrative Agent were not an agent hereunder. the Administrative Agent hereunder and under the other Loan Documents With respect to its Loans made or renewed by it and with respect to any Notes Letter of Credit issued to or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 3 contracts

Samples: Credit Agreement (Landstar System Inc), Credit Agreement (Landstar System Inc), Credit Agreement (Landstar System 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 Borrower or US Borrower, the UK Borrower, any Guarantor, any Foreign Subsidiary Guarantor and any other party to the Loan Documents Credit Party as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Credit Documents. With respect to its the Loans made or renewed by it and any Notes issued to it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Credit Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 3 contracts

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

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates and Subsidiaries may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any other party to the Loan Documents Parties as though the Administrative Agent were not an agent the Administrative Agent hereunder. With respect to its Loans made or renewed by it, any Note issued to it and any Notes Letter of Credit issued to by or participated in by it, the Administrative Agent shall have the same rights and powers powers, duties and liabilities under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan Documents, Administrative Agent and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacitycapacities.

Appears in 3 contracts

Samples: Credit Agreement (Cumulus Media Inc), First Lien Credit Agreement (Cumulus Media Inc), First Lien Credit Agreement (Cumulus Media 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 Borrower or any other party to the Loan Documents Party as though the Administrative Agent were not an agent hereunderAdministrative Agent. With respect to its Loans made or renewed by it and with respect to any Notes Letter of Credit issued to or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 3 contracts

Samples: Credit Agreement (Lexar Media Inc), Credit Agreement (Intira Corp), Credit Agreement (Lexar Media 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 Borrower or any other party to the Loan Documents Borrowers as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Loan Documents. With respect to its the Loans made or renewed by it and with respect to any Notes Letter of Credit issued to or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Boston Scientific Corp), Credit Agreement (Boston Scientific 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 the Borrower or any other party to the Loan Documents Party as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Loan Documents. With respect to its Loans made or renewed by it and any Notes 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 Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Kirklands Inc), Credit Agreement (Kirklands 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 Borrower or any other party to the Loan Documents Company as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Loan Documents. With respect to its Loans made or renewed by it and any Notes Letter of Credit issued to or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Essex International Inc /), Credit Agreement (BCP/Essex Holdings Inc)

Administrative Agent in Its Individual Capacity. The Each Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or Holdings, any Borrower, any Guarantor, and any other party to the Loan Documents Credit Party as though the such Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Credit Documents. With respect to its the Loans made or renewed by it and any Notes issued to it, the each Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Credit Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “Lender” and “Lenders” shall include the each Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Avago Technologies LTD), Credit Agreement (Avago Technologies Manufacturing (Singapore) Pte. Ltd.)

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 Holdings, the Borrower or Borrower, any Guarantor and any other party to the Loan Documents Credit Party as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Credit Documents. With respect to its the Loans made or renewed by it and any Notes issued to it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Credit Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Senior Unsecured Credit Agreement (Intelsat LTD), Senior Unsecured Credit Agreement (Intelsat LTD)

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

Appears in 2 contracts

Samples: Credit Agreement (K&f Industries Inc), Credit Agreement (White Mountains Insurance Group LTD)

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 Borrower or any other party to the Loan Documents as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Loan Documents. With respect to its the Loans made or renewed by it and or any Notes Letter of Credit issued to or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Kmart Corp), Credit Agreement (Kmart 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 Borrower or any other party to the Loan Documents Borrowers as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Loan Documents. With respect to its the Loans made or renewed by it the Administrative Agent, and any Notes Note issued to it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Revolving Credit and Term Loan Agreement (Lear Corp Eeds & Interiors), Revolving Credit and Term Loan Agreement (Lear Corp /De/)

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 Borrower or any other party to the Loan Documents as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Loan Documents. With respect to its the Loans made or renewed by it and with respect to any Notes Letter of Credit issued to or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Multi Year Revolving Credit Agreement (Boston Scientific Corp), Revolving Credit Agreement (Boston Scientific 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 Borrower or any other party to the Loan Documents Party as though it was not the Administrative Agent were not an agent hereunderAdministrative. With respect to its Loans made or renewed by it and with respect to any Notes Letter of Credit issued to or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Coaxial LLC), Revolving Credit Agreement (Insight Communications Co 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 Borrower or Borrower, any Subsidiary Guarantor, and any other party to the Loan Documents Credit Party as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Credit Documents. With respect to its the Loans made or renewed by it and any Notes issued to it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Credit Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Serena Software Inc), Credit Agreement (Serena Software 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 Borrower or any other party to the Loan Documents as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Loan Documents. With respect to its Loans the Advances made or renewed by it and any Notes issued to it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender", "Term Lender", and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Loan Agreement (Cutter & Buck Inc), Loan Agreement (Cutter & Buck 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 Borrower or any and the other party to the Loan Documents Parties as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Loan Documents. With respect to its Loans made or renewed by it and any Notes 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 Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative 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 (General Chemical Group 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 Borrower or Lessee, the Owner Trustee, the Agent Certificate Holder and any other party to of the Loan Documents Certificate Holders as though the Administrative Agent were not an agent Administrative Agent hereunder. With respect to its the Loans made or renewed by it and any Notes issued all Obligations owing to it, the Administrative Agent shall have the same rights and powers under this Loan Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Participation Agreement (Mondavi Robert Corp), Participation Agreement (Mondavi Robert 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 the either Borrower or any other party to the Loan Documents as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Loan Documents and the Interest Rate Hedge Agreements. With respect to its the Loans made or renewed by it and any Notes issued to it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents and the Interest Rate Hedge Agreements as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Swisher International Group Inc), Credit Agreement (Swisher International Group 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 Borrower or any other party to the Loan Documents as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Loan Documents. With respect to its Loans made or renewed by it and any Notes Note issued to it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder Administrative Agent. The terms "Lender," "Lenders," and under the other Loan Documents, and the similar terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Senior Secured Acquisition Term Loan Credit Agreement (El Paso Energy Partners Lp), Credit Agreement (El Paso Energy Partners 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 Borrower or any other party to the Loan Documents Borrowers as though the Administrative Agent were was not an agent hereunderthe Administrative Agent hereunder and under the other Loan Documents. With respect to its the Loans made or renewed by it the Administrative Agent, and any Notes Revolving Credit Note issued to it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan Documentsan Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Revolving Credit and Guarantee Agreement (Case Corp), Revolving Credit and Guarantee Agreement (Case Credit Corp)

Administrative Agent in Its Individual Capacity. (a) The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any other party to the Loan Documents as though the Administrative Agent were not an agent hereunder. the Administrative Agent hereunder and under the other Loan Documents. (b) With respect to its Loans made or renewed by it and any Notes 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 Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Recoton Corp), Credit Agreement (Recoton 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 the Borrower Borrower, the Parent, their respective Subsidiaries or any other party to the Loan Documents their respective Affiliates as though the Administrative Agent were not an agent the Administrative Agent hereunder. With respect to its Loans made or renewed by it the Advances and any Notes issued to itall 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 Advance Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (American Water Works Company, Inc.), Credit Agreement (American Water Capital 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 with, the Borrower or any other party to the Loan Documents as though the Administrative Agent were was not an agent the Administrative Agent hereunder. With respect to its Loans made or renewed by it interest in the L/C Obligations, the Loans, the other Extensions of Credit and any Notes issued other amounts owed to itit hereunder, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (South Jersey Industries Inc), Credit Agreement (South Jersey Industries Inc)

Administrative Agent in Its Individual Capacity. The Administrative Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any other party to the Loan Documents Seller Parties and their Affiliates as though it were not the Administrative Agent were not or an agent Administrator, as the case may be, hereunder. With respect to its Loans made or renewed by it and any Notes issued to itInvestments, if any, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender Purchaser and may exercise the same as though it were not the administrative agent hereunder and under Administrative Agent or an Administrator, as the other Loan Documentscase may be, and the terms “LenderPurchaser” and “LendersPurchasers” shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Omnibus Amendment (COMMERCIAL METALS 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 Borrower or any other party to the Loan Documents Borrowers as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Loan Documents. With respect to its the Loans made or renewed by it and any Notes issued to itor one of its branches, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender” and “", "Lenders" or "holders of Notes" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Harman International Industries Inc /De/)

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 Borrower Borrower, the Parent, their respective Subsidiaries or any other party to the Loan Documents their respective Affiliates as though the Administrative Agent were not an agent the Administrative Agent hereunder. With respect to its Loans made or renewed by it the Advances and any Notes issued to itall 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 Agreement and the other Loan Documents as any Lender Lender, in such capacity, and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “Lender” and “Lenders”, shall include the Administrative Agent in its individual capacity, as applicable.

Appears in 1 contract

Samples: Term Loan Credit Agreement (American Water Works Company, 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 any of the Borrower or any other party to the Loan Documents Borrowers as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Loan Documents. With respect to its Loans made or renewed by it and any Notes Note issued to it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Sybron International Corp)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates and Subsidiaries may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any other party to the Loan Documents Credit Parties as though the Administrative Agent were not an agent the Administrative Agent hereunder. With respect to its Loans made or renewed by it, any Note issued to it and any Notes Letter of Credit issued to by or participated in by it, the Administrative Agent shall have the same rights and powers powers, duties and liabilities under this Agreement and the other Loan Credit Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan Documents, Administrative Agent and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacitycapacities.

Appears in 1 contract

Samples: Credit Agreement (Yankee Candle Co Inc)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans and other extensions of credit to, accept deposits from and generally engage in any kind of business with the Borrower or any other party to the Loan Documents as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Loan Documents. With respect to its the Revolving Credit Loans and other Extensions of Credit made or renewed by it and any Notes issued to it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Cheniere Energy 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 Borrower or any other party to the Loan Documents Party as though the Administrative Agent were not an agent hereunderthe Administrative Agent. With respect to its Loans made or renewed by it and with respect to any Notes Letter of Credit issued to or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Paragon Health Network 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 Borrower or any other party to the Loan Documents Lessee as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Operative Agreements. With respect to its any Loans made or renewed by it and any Notes Note issued to it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents Operative Agreements as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Wackenhut Corrections 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 the Borrower Seller or any other party to Affiliate of the Loan Documents Seller as though the Administrative Agent were not an agent the Administrative Agent hereunder. With respect to its Loans made or renewed by it and any Notes issued the acquisition of Receivable Interests pursuant to itthis Agreement, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender Purchaser and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “Lender” "Investor," "Purchaser," "Investors" and “Lenders” "Purchasers" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Receivables Purchase Agreement (Donnelly 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 the Borrower or any other party to the Loan Documents as though the Administrative Agent were not an agent the Administrative Agent hereunder. With respect to its Loans made or renewed by it and any Notes 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 Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative 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 Borrower Transferor, the Servicer, Case Credit or any other party to the Loan Documents of their Affiliates as though the Administrative Agent were not an agent the Administrative Agent hereunder. With respect to its Loans made or renewed any portion of the Transferred Interest held by it and any Notes issued to itthe Administrative Agent, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Basic Documents as any Lender Purchaser and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “Lender” "APA Bank," and “Lenders” "Purchaser" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Transfer and Administration Agreement (Case Credit 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 the Borrower or any other party to the Loan Documents Borrowers as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Loan Documents. With respect to its the Loans made or renewed by it and with respect to any Notes Letter of Credit issued to or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender Bank and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “Lender” "Bank" and “Lenders” "Banks" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Loan Agreement (Fine Host 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 Holdings and the Borrower or any and the other party to the Loan Documents Parties as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Loan Documents. With respect to its the Loans made or renewed by it and any Notes issued to it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Security Capital 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 banking or other business with the Borrower or any other party to the Loan Documents and its Subsidiaries and affiliates as though the Administrative Agent were not an agent Administrative Agent hereunder. With respect to its Loans Loans, if any, made or renewed by it and any Notes issued to 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 Loan Credit Documents as any other Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative 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 (Adobe 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 Borrower or any other party to the Loan Documents Party as though the Administrative Agent were not an agent hereunderthe Administrative Agent. With respect to its Revolving Credit Loans made or renewed by it and any Notes issued with respect to Letters of Credit provided or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Revolving Credit and Guarantee Agreement (Impath 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 Borrower or any other party to the Loan Documents Credit Party as though it were not the Administrative Agent were not or an agent hereunderaffiliate thereof. With respect to its Loans made or renewed by it and with respect to any Notes Letter of Credit issued to or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Credit Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (CSC Parent Corp)

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Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may purchase assets from, make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any other party to the Loan Documents Sellers as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Program Agreements. With respect to its Loans made or renewed the Transactions entered into by it and any Notes issued to the interests purchased made by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents Program Agreements as any Lender Buyer and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “LenderBuyer” and “LendersBuyers” shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Master Repurchase Agreement (Fieldstone Investment Corp)

Administrative Agent in Its Individual Capacity. The Administrative Agent, each Syndication Agent and its Affiliates their respective affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any other party to the Loan Documents Party as though the such Administrative Agent or Syndication Agent were not an agent hereunder. With respect to its Loans made or renewed by it and with respect to any Notes Letter of Credit issued to or participated in by it, the Administrative Agent and each Syndication Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan Documentsan Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and each Syndication Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Superior Energy Services 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 Borrower or any other party to the Loan Documents Party as though the Administrative Agent were not an agent hereunderagent. With respect to its Loans made or renewed by it and with respect to any Notes Letter of Credit issued to or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan Documentsan agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Senior Revolving Credit Agreement (Aeroflex 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 Borrower or any other party to the Loan Documents Borrowers as though the Administrative Agent were was not an agent hereunderthe Administrative Agent hereunder and under the other Loan Documents. With respect to its the Loans made or renewed by it the Administrative Agent, and any Notes Note issued to it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Revolving Credit Agreement (Federal Mogul 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 the Borrower or Borrower, any Guarantor, and any other party to the Loan Documents Credit Party as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Credit Documents. With respect to its the Loans made or renewed by it and any Notes issued to it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Credit Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (PanAmSat Holding 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 Borrower or any other party to the Loan Documents as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Loan Documents. With respect to its Loans the Interim Term Loan made or renewed by it the Administrative Agent and any Notes Note issued to it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Interim Term Loan Agreement (Lear 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 Borrower or any other party to the Loan Documents Party as though the Administrative Agent were was not an agent hereunderAdministrative Agent. With respect to its Loans made or renewed by it and with respect to any Notes Letter of Credit issued to or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan Documentsan Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Specrite Brake 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 Borrower or any other party to the Loan Documents as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Loan Documents. With respect to its Loans made or renewed by it, any Note issued to it and any Notes Letter of Credit issued to or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative 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)

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 Borrower or and any other party to the Loan Documents of its Subsidiaries as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Credit Documents. With respect to its Committed Rate Loans made or renewed by it and any Notes issued to it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Credit Documents as any Lender Bank and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “Lender” "Bank" and “Lenders” "Banks" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Arrow Electronics 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 Borrower or any Parent, the Company and the other party to Subsidiaries of the Loan Documents Company as though the Administrative Agent were not an agent the Administrative Agent hereunder. With respect to its Loans such loans made or renewed by it them and any Notes Note issued to itthem, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Dollar Financial Group 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 any of the Borrower or any Parent and the other party to the Loan Documents Parties as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Loan Documents. With respect to its Revolving Credit Loans made or renewed by it and any Notes Revolving Credit Note issued to it, it the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Audio Visual Services 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 the Borrower or any other party to the Loan Documents as though the such Administrative Agent were not an agent hereunderacting in such capacities hereunder and under the other Loan Documents. With respect to its the Loans made or renewed by it and any Notes the Bridge Note issued to it, the it such Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan Documentsan Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Bridge Loan Agreement (NTL Inc /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 Borrower or any other party to the Loan Documents Party as though the Administrative Agent were not an agent the Administrative Agent hereunder. With respect to its Loans made or renewed by it and or with respect to any Notes Letter of Credit issued to or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent hereunder, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Abl Credit Agreement (Southeastern Grocers, 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 Back to Table of Contents business with the Borrower or any other party to the Loan Documents Party as though the Administrative Agent were was not an agent hereunderAdministrative Agent. With respect to its Loans made or renewed by it and with respect to any Notes Letter of Credit issued to or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan Documentsan Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Conmed Corp)

Administrative Agent in Its Individual Capacity. The Administrative Agent and each of its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any other party to Affiliate of the Loan Documents Borrower as though the Administrative Agent were not an agent the Administrative Agent hereunder. With respect to Advances made by the Administrative Agent (in its Loans made individual capacity) or renewed by it and any Notes issued of its Affiliates pursuant to itthis Agreement, the Administrative Agent and each of its Affiliates shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Prospect Capital 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 Holdings, the Borrower or Borrower, any Guarantor, and any other party to the Loan Documents Credit Party as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Credit Documents. With respect to its the Loans made or renewed by it and any Notes issued to it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Credit Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Intelsat LTD)

Administrative Agent in Its Individual Capacity. The entity which is the Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any other party to the Loan Documents Borrowers as though the entity which is the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Loan Documents. With respect to its the Loans made or renewed by it and any Notes issued to it, the entity which is the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the entity which is the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Nbty 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 Borrower Borrower, its Subsidiaries or any other party to the Loan Documents their respective Affiliates as though the Administrative Agent were not an agent the Administrative Agent hereunder. With respect to its the Loans made or renewed by it and any Notes issued to itall obligations of the Borrower hereunder and under the other Credit Documents, the Administrative Agent shall have the same rights and powers under this Credit Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Just for Feet 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 Borrower or any other party to the Loan Documents Party as though the Administrative Agent were not an agent hereunderAdministrative Agent. With respect to its Loans made or renewed by it and with respect to any Notes Letter of Credit issued to or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Act Manufacturing 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 Borrower or any other party to the Loan Documents Operating Partnership as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Credit Facility Documents. With respect to its Loans made or renewed by it and any Notes Note issued to it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Credit Facility Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Cali Realty Corp /New/)

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 Borrower any Loan Party or any other party to the Loan Documents Pledgor as though it were not the Administrative Agent were not an agent hereunderAgent. With respect to its Loans made or renewed by it and with respect to any Notes Tranche A Letter of Credit issued to or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender Funding Party and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “LenderFunding Party” and “LendersFunding Parties” shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Vought Aircraft Industries 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 Borrower or any other party to the Loan Documents Party as though the Administrative Agent were not an agent hereunderthe Administrative Agent. With respect to its Revolving Loans made or renewed by it and with respect to any Notes Letter of Credit issued to or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacitycapacity as a Lender under this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Take Two Interactive Software 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 Borrower or any other party to the Loan Documents and its Subsidiaries as though the Administrative Agent were not an agent the Administrative Agent hereunder. With respect to its Loans made or renewed by it and any Notes issued to it, the Administrative Agent Note issued to Petra as a Lender shall have the same rights benefits, rights, powers and powers privileges under this Agreement Agreement, the Notes and the other Loan Documents as any other Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative 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 may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any other party to the Loan Documents as though the such Administrative Agent were not an agent hereunderacting in such capacities hereunder and under the other Loan Documents. With respect to its the Loans made or renewed by it and any Notes the Term Note issued to it, the it such Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan Documentsan Administrative Agent, and the terms "Lender" and "Lenders" shall include the each Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Term Loan Agreement (Crown Castle International 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 either of the Borrower or any other party to the Loan Documents Borrowers as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Loan Documents. With respect to its the Loans made or renewed by it and with respect to any Notes Letters of Credit issued to or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Asi Solutions Inc)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from from, hold equity interests in and generally engage in any kind of business with either of the Borrower Borrowers or any other party to the Loan Documents their Affiliates as though the Administrative Agent were not an agent hereunderAdministrative Agent. With respect to its Loans made or renewed by it and with respect to any Notes Letter of Credit issued to or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan Documentsan Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (White Mountains Insurance Group LTD)

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 Borrower or Borrower, Holdings, any Guarantor and any other party to the Loan Documents Credit Party as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Credit Documents. With respect to its the Loans made or renewed by it and any Notes issued to it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Credit Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Senior Unsecured Credit Agreement (Intelsat LTD)

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 Borrower or any other party to the Loan Documents Subsidiary Borrower as though the Administrative Agent were not an agent the Administrative Agent hereunder. With respect to its Loans made or renewed by it and any Notes 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 Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Scotts Miracle-Gro Co)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may purchase assets from, make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any other party to the Loan Documents Sellers as though the Administrative Agent were not an agent hereunderthe Administrative Agent hereunder and under the other Program Agreements. With respect to its Loans made or renewed the Transactions entered into by it and any Notes issued to the Interests purchased made by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents Program Agreements as any Lender Buyer and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “LenderBuyer” and “LendersBuyers” shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Master Repurchase Agreement (Fieldstone Investment 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 Borrower or any other party to the Loan Documents Party as though the Administrative Agent were not an agent the Administrative Agent hereunder. With respect to its Loans made or renewed by it and with respect to any Notes Letter of Credit issued to or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Revolving Credit Agreement (B&g Foods Inc)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its respective Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Holdings, the Borrower or any other party to the Loan Documents Company and its Subsidiaries as though the Administrative Agent were not an agent Administrative Agent hereunder. With respect to its Term Loans made or renewed by it and any Notes Term Loan Note issued to it, the Administrative Agent shall have the same rights and powers powers, duties and liabilities under this Agreement and the other Loan Credit Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan Documents, Administrative Agent and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Werner Holding Co Inc /Pa/)

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 Borrower or any other party to the Loan Documents Party as though the Administrative Agent were was not an agent hereunderthe Administrative Agent. With respect to its Loans made or renewed by it and with respect to any Notes Tranche A Letter of Credit issued to or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the administrative agent hereunder and under the other Loan DocumentsAdministrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Ddi Capital Corp/Dynamic Details Inc)

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