Affiliate Activities. The Borrowers acknowledge that the Administrative Agent, the Collateral Agent and the Lead Arranger (and each of their respective Affiliates) is a full service securities firm engaged, either directly or through affiliates, in various activities, including securities trading, investment banking and financial advisory, investment management, principal investment, hedging, financing and brokerage activities and financial planning and benefits counseling for both companies and individuals. In the ordinary course of these activities, it may make or hold a broad array of investments and actively trade debt and equity securities (or related derivative securities) and/or financial instruments (including bank loans) for its own account and for the accounts of its customers and may at any time hold long and short positions in such securities and/or instruments. Such investment and other activities may involve securities and instruments of the Borrowers and their respective affiliates, as well as of other entities and persons and their Affiliates which may (i) be involved in transactions arising from or relating to the engagement contemplated hereby and by the other Credit Documents (ii) be customers or competitors of the Borrowers and their respective Affiliates, or (iii) have other relationships with the Borrowers and their respective Affiliates. In addition, it may provide investment banking, underwriting and financial advisory services to such other entities and persons. It may also co-invest with, make direct investments in, and invest or co-invest client monies in or with funds or other investment vehicles managed by other parties, and such funds or other investment vehicles may trade or make investments in securities of the Borrowers and their respective Affiliates or such other entities. The transactions contemplated hereby and by the other Credit Documents may have a direct or indirect impact on the investments, securities or instruments referred to in this paragraph.
Appears in 5 contracts
Samples: Credit Agreement (Open Text Corp), Credit Agreement (Open Text Corp), Credit Agreement (Open Text Corp)
Affiliate Activities. The Borrowers Borrower acknowledge that the Administrative Agent, the Collateral Agent and the each Lead Arranger (and each of their respective Affiliates) is a full service securities firm engaged, either directly or through affiliates, in various activities, including securities trading, investment banking and financial advisory, investment management, principal investment, hedging, financing and brokerage activities and financial planning and benefits counseling for both companies and individuals. In the ordinary course of these activities, it may make or hold a broad array of investments and actively trade debt and equity securities (or related derivative securities) and/or financial instruments (including bank loans) for its own account and for the accounts of its customers and may at any time hold long and short positions in such securities and/or instruments. Such investment and other activities may involve securities and instruments of the Borrowers Borrower and their respective affiliates, as well as of other entities and persons and their Affiliates which may (i) be involved in transactions arising from or relating to the engagement contemplated hereby and by the other Credit Documents (ii) be customers or competitors of the Borrowers Borrower and their respective Affiliates, or (iii) have other relationships with the Borrowers Borrower and their respective Affiliates. In addition, it may provide investment banking, underwriting and financial advisory services to such other entities and persons. It may also co-invest with, make direct investments in, and invest or co-invest client monies in or with funds or other investment vehicles managed by other parties, and such funds or other investment vehicles may trade or make investments in securities of the Borrowers Borrower and their respective Affiliates or such other entities. The transactions contemplated hereby and by the other Credit Documents may have a direct or indirect impact on the investments, securities or instruments referred to in this paragraph.
Appears in 3 contracts
Samples: Credit Agreement (Open Text Corp), Credit Agreement (Open Text Corp), Credit Agreement (Open Text Corp)
Affiliate Activities. The Borrowers Borrower acknowledge that the Administrative Agent, the Collateral Agent and the each Lead Arranger Arrangers (and each of their respective Affiliates) is a full service securities firm engaged, either directly or through affiliates, in various activities, including securities trading, investment banking and financial advisory, investment management, principal investment, hedging, financing and brokerage activities and financial planning and benefits counseling for both companies and individuals. In the ordinary course of these activities, it may make or hold a broad array of investments and actively trade debt and equity securities (or related derivative securities) and/or financial instruments (including bank loans) for its own account and for the accounts of its customers and may at any time hold long and short positions in such securities and/or instruments. Such investment and other activities may involve securities and instruments of the Borrowers Borrower and their respective affiliates, as well as of other entities and persons and their Affiliates which may may
(i) be involved in transactions arising from or relating to the engagement contemplated hereby and by the other Credit Documents (ii) be customers or competitors of the Borrowers Borrower and their respective Affiliates, or (iii) have other relationships with the Borrowers Borrower and their respective Affiliates. In addition, it may provide investment banking, underwriting and financial advisory services to such other entities and persons. It may also co-invest with, make direct investments in, and invest or co-invest client monies in or with funds or other investment vehicles managed by other parties, and such funds or other investment vehicles may trade or make investments in securities of the Borrowers Borrower and their respective Affiliates or such other entities. The transactions contemplated hereby and by the other Credit Documents may have a direct or indirect impact on the investments, securities or instruments referred to in this paragraph.
Appears in 2 contracts
Samples: Bridge Loan Agreement (Open Text Corp), Credit Agreement (Open Text Corp)
Affiliate Activities. The Borrowers Each of the Borrower and Holdings acknowledge that the Administrative Agent, the Collateral each Agent and the Lead each Arranger (and each of their respective Affiliates) is a full service securities firm engaged, either directly or through affiliates, in various activities, including securities trading, investment banking and financial advisory, investment management, principal investment, hedging, financing and brokerage 190 Syniverse Credit Agreement activities and financial planning and benefits counseling for both companies and individuals. In the ordinary course of these activities, it may make or hold a broad array of investments and actively trade debt and equity securities (or related derivative securities) and/or financial instruments (including bank loans) for its own account and for the accounts of its customers and may at any time hold long and short positions in such securities and/or instruments. Such investment and other activities may involve securities and instruments of the Borrowers Borrower, Holdings and their respective affiliates, as well as of other entities and persons and their Affiliates which may (i) be involved in transactions arising from or relating to the engagement contemplated hereby and by the other Credit Documents Loan documents (ii) be customers or competitors of the Borrowers Borrower, Holdings and their respective Affiliates, or (iii) have other relationships with the Borrowers Borrower, Holdings and their respective Affiliates. In addition, it may provide investment banking, underwriting and financial advisory services to such other entities and persons. It may also co-invest with, make direct investments in, and invest or co-invest client monies in or with funds or other investment vehicles managed by other parties, and such funds or other investment vehicles may trade or make investments in securities of the Borrowers Borrower, Holdings and their respective Affiliates or such other entities. The transactions contemplated hereby and by the other Credit Loan Documents may have a direct or indirect impact on the investments, securities or instruments referred to in this paragraphSection 10.20.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Syniverse Holdings Inc)
Affiliate Activities. The Borrowers Each of the Loan Parties acknowledge that the Administrative each Agent, the Collateral Agent each Lender and the Lead each Arranger (and each of their respective Affiliates) is a full service securities firm engaged, either directly or through affiliates, in various activities, including securities trading, investment banking and financial advisory, investment management, principal investment, hedging, financing and brokerage activities and financial planning and benefits counseling for both companies and individuals. In the ordinary course of these activities, it may make or hold a broad array of investments and actively trade debt and equity securities (or related derivative securities) and/or financial instruments (including bank loans) for its own account and for the accounts of its customers and may at any time hold long and short positions in such securities and/or instruments. Such investment and other activities may involve securities and instruments of the Borrowers Loan Parties and their respective affiliatesAffiliates, as well as of other entities and persons Persons and their Affiliates which may (i) be involved in transactions arising from or relating to the engagement contemplated hereby and by the other Credit Documents Loan Documents, (ii) be customers or competitors of the Borrowers Loan Parties and their respective Affiliates, or (iii) have other relationships with the Borrowers Loan Parties and their respective Affiliates. In addition, it may provide investment banking, underwriting and financial advisory services to such other entities and persons. It may also co-invest with, make direct investments in, and invest or co-invest client monies in or with funds or other investment vehicles managed by other parties, and such funds or other investment vehicles may trade or make investments in securities of the Borrowers Loan Parties and their respective Affiliates or such other entities. The transactions contemplated hereby and by the other Credit Loan Documents may have a direct or indirect impact on the investments, securities or instruments referred to in this paragraph.
Appears in 1 contract
Samples: Revolving Credit and Guaranty Agreement (BJ Services, Inc.)
Affiliate Activities. The Borrowers acknowledge that the Administrative Agent, the Collateral Agent and the each Joint Lead Arranger (and each of their respective Affiliates) is a full service securities firm engaged, either directly or through affiliates, in various activities, including securities trading, investment banking and financial advisory, investment management, principal investment, hedging, financing and brokerage activities and financial planning and benefits counseling for both companies and individuals. In the ordinary course of these activities, it may make or hold a broad array of investments and actively trade debt and equity securities (or related derivative securities) and/or financial instruments (including bank loans) for its own account and for the accounts of its customers and may at any time hold long and short positions in such securities and/or instruments. Such investment and other activities may involve securities and instruments of the Borrowers and their respective affiliates, as well as of other entities and persons and their Affiliates which may (i) be involved in transactions arising from or relating to the engagement contemplated hereby and by the other Credit Documents (ii) be customers or competitors of the Borrowers and their respective Affiliates, or (iii) have other relationships with the Borrowers and their respective Affiliates. In addition, it may provide investment banking, underwriting and financial advisory services to such other entities and persons. It may also co-invest with, make direct investments in, and invest or co-invest client monies in or with funds or other investment vehicles managed by other parties, and such funds or other investment vehicles may trade or make investments in securities of the Borrowers and their respective Affiliates or such other entities. The transactions contemplated hereby and by the other Credit Documents may have a direct or indirect impact on the investments, securities or instruments referred to in this paragraph.
Appears in 1 contract
Samples: Credit Agreement (Open Text Corp)
Affiliate Activities. The Borrowers acknowledge Borrower acknowledges that the Administrative Agent, the Collateral Agent and the Lead Arranger (and each of their Agent(and its respective Affiliates) is a full service securities firm engaged, either directly or through affiliates, in various activities, including securities trading, investment banking and financial advisory, investment management, principal investment, hedging, financing and brokerage activities and financial planning and benefits counseling for both companies and individuals. In the ordinary course of these activities, it may make or hold a broad array of investments and actively trade debt and equity securities (or related derivative securities) and/or financial instruments (including bank loans) for its own account and for the accounts of its customers and may at any time hold long and short positions in such securities and/or instruments. Such investment and other activities may involve securities and instruments of the Borrowers Borrower, Holdings and their respective affiliatesAffiliates, as well as of other entities and persons and their Affiliates which may (i) be involved in transactions arising from or relating to the engagement contemplated hereby and by the other Credit Loan Documents (ii) be customers or competitors of the Borrowers Borrower, Holdings and their respective Affiliates, or (iii) have other relationships with the Borrowers Borrower, Holdings and their respective Affiliates. In addition, it may provide investment banking, underwriting and financial advisory services to such other entities and persons. It may also co-invest with, make direct investments in, and invest or co-invest client monies in or with funds or other investment vehicles managed by other parties, and such funds or other investment vehicles may trade or make investments in securities of the Borrowers Borrower, Holdings and their respective Affiliates or such other entities. The transactions contemplated hereby and by the other Credit Loan Documents may have a direct or indirect impact on the investments, securities or instruments referred to in this paragraph.
Appears in 1 contract
Samples: Escrow Credit Agreement (CommScope Holding Company, Inc.)
Affiliate Activities. The Borrowers Borrower and Parent acknowledge that the Administrative Agent, the Collateral each Agent and the Lead each Arranger (and each of their respective Affiliates) ), in addition to providing or participating in commercial lending facilities such as that provided hereunder, is a full service securities firm engaged, either directly or through affiliatesAffiliates, in various activities, including securities trading, investment banking and financial advisory, investment management, principal investment, hedging, financing and brokerage activities and financial planning and benefits counseling for both companies and individuals. In the ordinary course of these activities, it any of them may make or hold a broad array of investments and actively trade debt and equity securities (or related derivative securities) and/or financial instruments (including bank loans) for its their own account and for the accounts of its customers and may at any time hold long and short positions in such securities and/or instruments. Such investment and other activities may involve securities and instruments of the Borrowers Parent and their respective affiliatesits Affiliates, as well as of other entities and persons and their Affiliates which may (i) be involved in transactions arising from or relating to the engagement 207 contemplated hereby and by the other Credit Documents Loan Documents, (ii) be customers or competitors of the Borrowers Parent and their respective Affiliates, its Affiliates or (iii) have other relationships with the Borrowers Parent and their respective its Affiliates. In addition, it may provide investment banking, underwriting and financial advisory services to such other entities and persons. It may also co-invest with, make direct investments in, and invest or co-invest client monies in or with funds or other investment vehicles managed by other parties, and such funds or other investment vehicles may trade or make investments in securities of the Borrowers Parent and their respective its Affiliates or such other entities. The transactions contemplated hereby and by the other Credit Loan Documents may have a direct or indirect impact on the investments, securities or instruments referred to in this paragraphclause.
Appears in 1 contract
Samples: Credit Agreement (Coupang, Inc.)
Affiliate Activities. The Borrowers Each Borrower and Holdings acknowledge that the Administrative each Agent, the Collateral Agent and each Arranger and the Lead First Amendment Arranger (and each of their respective Affiliates) is a full service securities firm engaged, either directly or through affiliates, in various activities, including securities trading, investment banking and financial advisory, investment management, principal investment, hedging, financing and brokerage activities and financial planning and benefits counseling for both companies and individuals. In the ordinary course of these activities, it any of them may make or hold a broad array of investments and actively trade debt and equity securities (or related derivative securities) and/or financial instruments (including bank loans) for its their own account and for the accounts of its customers and may at any time hold long and short positions in such securities and/or instruments. Such investment and other activities may involve securities and instruments of the Borrowers Holdings and their respective affiliatesits Affiliates, as well as of other entities and persons and their Affiliates which may (i) be involved in transactions arising from or relating to the engagement contemplated hereby and by the other Credit Documents Loan documents, (ii) be customers or competitors of the Borrowers Holdings and their respective Affiliates, its Affiliates or (iii) have other relationships with the Borrowers Holdings and their respective its Affiliates. In addition, it may provide investment banking, underwriting and financial advisory services to such other entities and persons. It may also co-invest with, make direct investments in, and invest or co-invest client monies in or with funds or other investment vehicles managed by other parties, and such funds or other investment vehicles may trade or make investments in securities of the Borrowers Holdings and their respective its Affiliates or such other entities. The transactions contemplated hereby and by the other Credit Loan Documents may have a direct or indirect impact on the investments, securities or instruments referred to in this paragraphclause.
Appears in 1 contract
Samples: Second Amendment (Ortho Clinical Diagnostics Holdings PLC)
Affiliate Activities. The Borrowers Borrower acknowledge that the Administrative Agent, the Collateral each Agent and the Lead each Arranger (and each of their respective Affiliates) is a full service securities firm engaged, either directly or through affiliates, in various activities, including securities trading, investment banking and financial advisory, investment management, principal investment, hedging, financing and brokerage activities and financial planning and benefits counseling for both companies and individuals. In the ordinary course of these activities, it may make or hold a broad array of investments and actively trade debt and equity securities (or related derivative securities) and/or financial instruments (including bank loans) for its own account and for the accounts of its customers and may at any time hold long and short positions in such securities and/or instruments. Such investment and other activities may involve securities and instruments of the Borrowers Borrower and their respective affiliatesits Affiliates, as well as of other entities and persons and their Affiliates which may (i) (i) be involved in transactions arising from or relating to the engagement contemplated hereby and by the other Credit Documents (ii) (ii) be customers or competitors of the Borrowers Borrower and their respective its Affiliates, or (iii) (iii) have other relationships with the Borrowers Borrower and their respective its Affiliates. In addition, it may provide investment banking, underwriting and financial advisory services to such other entities and persons. It may also co-invest with, make direct investments in, and invest or co-invest client monies in or with funds or other investment vehicles managed by other parties, and such funds or other investment vehicles may trade or make investments in securities of the Borrowers Borrower and their respective its Affiliates or such other entities. The transactions contemplated hereby and by the other Credit Documents may have a direct or indirect impact on the investments, securities or instruments referred to in this paragraph.
Appears in 1 contract
Samples: Refinancing Amendment and Successor Administrative Agent Agreement (MRC Global Inc.)
Affiliate Activities. The Borrowers Each Borrower and Holdings acknowledge that the Administrative each Agent, the Collateral Agent each Arranger and the Lead eachthe First Amendment Arranger (and each of their respective Affiliates) is a full service securities firm engaged, either directly or through affiliates, in various activities, including securities trading, investment banking and financial advisory, investment management, principal investment, hedging, financing and brokerage activities and financial planning and benefits counseling for both companies and individuals. In the ordinary course of these activities, it any of them may make or hold a broad array of investments and actively trade debt and equity securities (or related derivative securities) and/or financial instruments (including bank loans) for its their own account and for the accounts of its customers and may at any time hold long and short positions in such securities and/or instruments. Such investment and other activities may involve securities and instruments of the Borrowers Holdings and their respective affiliatesits Affiliates, as well as of other entities and persons and their Affiliates which may (i) be involved in transactions arising from or relating to the engagement contemplated hereby and by the other Credit Documents Loan documents, (ii) be customers or competitors of the Borrowers Holdings and their respective Affiliates, its Affiliates or (iii) have other relationships with the Borrowers Holdings and their respective its Affiliates. In addition, it may provide investment banking, underwriting and financial advisory services to such other entities and persons. It may also co-invest with, make direct investments in, and invest or co-invest client monies in or with funds or other investment vehicles managed by other parties, and such funds or other investment vehicles may trade or make investments in securities of the Borrowers Holdings and their respective its Affiliates or such other entities. The transactions contemplated hereby and by the other Credit Loan Documents may have a direct or indirect impact on the investments, securities or instruments referred to in this paragraphclause.
Appears in 1 contract
Samples: Credit Agreement (Ortho Clinical Diagnostics Holdings PLC)
Affiliate Activities. The Borrowers Borrower and Parent acknowledge that the Administrative Agent, the Collateral each Agent and the Lead each Arranger (and each of their respective Affiliates) ), in addition to providing or participating in commercial lending facilities such as that provided hereunder, is a full service securities firm engaged, either directly or through affiliatesAffiliates, in various activities, including securities trading, investment banking and financial advisory, investment management, principal investment, hedging, financing and brokerage activities and financial planning and benefits counseling for both companies and individuals. In the ordinary course of these activities, it any of them may make or hold a broad array of investments and actively trade debt and equity securities (or related derivative securities) and/or financial instruments (including bank loans) for its their own account and for the accounts of its customers and may at any time hold long and short positions in such securities and/or instruments. Such investment and other activities may involve securities and instruments of the Borrowers Parent and their respective affiliatesits Affiliates, as well as of other entities and persons and their Affiliates which may (i) be involved in transactions arising from or relating to the engagement contemplated hereby and by the other Credit Documents Loan Documents, (ii) be customers or competitors of the Borrowers Parent and their respective Affiliates, its Affiliates or (iii) have other relationships with the Borrowers Parent and their respective its Affiliates. In addition, it may provide investment banking, underwriting and financial advisory services to such other entities and persons. It may also co-invest with, make direct investments in, and invest or co-invest client monies in or with funds or other investment vehicles managed by other parties, and such funds or other investment vehicles may trade or make investments in securities of the Borrowers Parent and their respective its Affiliates or such other entities. The transactions contemplated hereby and by the other Credit Loan Documents may have a direct or indirect impact on the investments, securities or instruments referred to in this paragraphclause.β
Appears in 1 contract
Samples: Credit Agreement (Farfetch LTD)