Common use of Agent Entitled to Act as Lender Clause in Contracts

Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, Agent and its Affiliates shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include Agent in its individual capacity. Agent and its Affiliates may lend money to, own securities of, and generally engage in any kind of business with any Credit Party or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Credit Parties for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 2 contracts

Samples: General Intercreditor Agreement (Euramax International, Inc.), Senior Secured Revolving Credit and Guaranty Agreement (Euramax International, Inc.)

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Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, each Agent and its Affiliates shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with any Credit Party the Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Credit Parties Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Office Depot Inc), Credit Agreement (Office Depot Inc)

Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, Agent and its Affiliates shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include Agent in its individual capacity. Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with any Credit Party Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Credit Parties Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Kv Pharmaceutical Co /De/), Credit and Guaranty Agreement (Kv Pharmaceutical Co /De/)

Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, Agent and its Affiliates shall have the same rights and powers hereunder as any other Lender and may exercise the same as if though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Agent and its Affiliates may accept deposits from, lend money to, own securities of, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with any Credit Party Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Credit Parties Holdings for services in connection herewith with this Agreement and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit Agreement (IntraLinks Holdings, Inc.)

Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, Agent and its Affiliates shall have the same rights and powers hereunder as any other Lender and may exercise the same as if though it were not performing the duties and functions delegated to it hereunder, and the term "Lender" or "Lenders" or any similar term shall, unless the context clearly otherwise indicates, include Agent in its individual capacity. Agent and its Affiliates may accept deposits from, lend money to, own securities of, to and generally engage in any kind of banking, trust, financial advisory or other business with any Credit Party Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Credit Parties Borrower for services in connection herewith with this Agreement and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit Agreement (Apollo Real Estate Investment Fund Ii L P)

Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, each Agent and its Affiliates shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with any Credit Party the Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Credit Parties Company for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit Agreement (Emc Corp)

Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, the Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and Loans, the Letters of Credit, Agent and its Affiliates shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term "Lender" shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent and its Affiliates may accept deposits from, lend money to, own securities of, to and generally engage in any kind of banking, trust, financial advisory or other business with any Credit Party the Borrowers or any of its their Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Credit Parties Borrowers for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit Agreement (Tridex Corp)

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Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, each Agent and its Affiliates shall have the same rights and powers hereunder as any other Lender and may exercise the same as if though it were not performing the duties and functions delegated to it hereunder, and the term "Lender" or "Lenders" or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, to and generally engage in any kind of banking, trust, financial advisory or other business with any Credit Party Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Credit Parties Borrower for services in connection herewith with this Agreement and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit Agreement (Prime Succession Inc)

Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditTerm Loans, Administrative Agent and its Affiliates shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include Administrative Agent in its individual capacity. Administrative Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with any Credit Party Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Credit Parties Company for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Financing Agreement (Blueprint Medicines Corp)

Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, the Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and Loans, the Letters of Credit, Agent and its Affiliates shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with any Credit Party the Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Credit Parties the Borrower for services in connection herewith and otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (National Semiconductor Corp)

Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditTerm Loans, Administrative Agent and its Affiliates shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include Administrative Agent in its individual capacity. Administrative Agent and its Affiliates may accept deposits from, lend money to, own securities of, to and generally engage in any kind of banking, trust, financial advisory or other business with any Credit Party Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Credit Parties Company for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Xo Communications Inc)

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