Common use of Agent in Individual Capacity Clause in Contracts

Agent in Individual Capacity. Xxxxx Fargo and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, provide bank products to, acquire Equity Interests in, and generally engage in any kind of banking, trust, financial advisory, underwriting, or other business with any Loan Party and its Subsidiaries and Affiliates and any other Person party to any Loan Document as though Xxxxx Fargo were not Agent hereunder, and, in each case, without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, Xxxxx Fargo or its Affiliates may receive information regarding a Loan Party or its Affiliates or any other Person party to any Loan Documents that is subject to confidentiality obligations in favor of such Loan Party or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver Agent will use its reasonable best efforts to obtain), Agent shall not be under any obligation to provide such information to them. The terms “Lender” and “Lenders” include Xxxxx Fargo in its individual capacity.

Appears in 3 contracts

Samples: Term Loan Credit Agreement (Par Pacific Holdings, Inc.), Term Loan Credit Agreement (Delek US Holdings, Inc.), Term Loan Credit Agreement (Delek US Holdings, Inc.)

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Agent in Individual Capacity. Xxxxx Fargo WFRF and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, provide bank products to, acquire Equity Interests equity interests in, and generally engage in any kind of banking, trust, financial advisory, underwriting, or other business with any Loan Party Borrowers and its their Subsidiaries and Affiliates and any other Person (other than the Lender Group) party to any Loan Document Documents as though Xxxxx Fargo WFRF were not Agent hereunder, and, in each case, without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, Xxxxx Fargo WFRF or its Affiliates may receive information regarding a Loan Party Borrowers or its their Affiliates or and any other Person (other than the Lender Group) party to any Loan Documents that is subject to confidentiality obligations in favor of such Loan Party Borrowers or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver Agent will use its reasonable best efforts to obtain), Agent shall not be under any obligation to provide such information to them. The terms "Lender" and "Lenders" include Xxxxx Fargo WFRF in its individual capacity.

Appears in 3 contracts

Samples: Loan and Security Agreement (Harolds Stores Inc), Loan and Security Agreement (Ultimate Electronics Inc), Loan and Security Agreement (Ultimate Electronics Inc)

Agent in Individual Capacity. Xxxxx Fargo WFRF and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, provide bank products to, acquire Equity Interests equity interests in, and generally engage in any kind of banking, trust, financial advisory, underwriting, or other business with any Loan Party Borrower and its Subsidiaries and Affiliates and any other Person (other than the Lender Group) party to any Loan Document Documents as though Xxxxx Fargo WFRF were not Agent hereunder, and, in each case, without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, Xxxxx Fargo WFRF or its Affiliates may receive information regarding a Loan Party Borrower or its Affiliates or and any other Person (other than the Lender Group) party to any Loan Documents that is subject to confidentiality obligations in favor of such Loan Party Borrower or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver Agent will use its reasonable best efforts to obtain), Agent shall not be under any obligation to provide such information to them. The terms "Lender" and "Lenders" include Xxxxx Fargo WFRF in its individual capacity.

Appears in 2 contracts

Samples: Loan and Security Agreement (Factory Card Outlet Corp), Loan and Security Agreement (Party City Corp)

Agent in Individual Capacity. Xxxxx Fargo CB&T and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, provide bank products to, acquire Equity Interests equity interests in, and generally engage in any kind of banking, trust, financial advisory, underwriting, or other business with any Loan Party Borrower and its Subsidiaries and Affiliates and any other Person (other than the Lender Group) party to any Loan Document Documents as though Xxxxx Fargo CB&T were not Agent hereunder, and, in each case, without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, Xxxxx Fargo CB&T or its Affiliates may receive information regarding a Loan Party Borrower or its Affiliates or and any other Person (other than the Lender Group) party to any Loan Documents that is subject to confidentiality obligations in favor of such Loan Party Borrower or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver Agent will use its reasonable best efforts to obtain), Agent shall not be under any obligation to provide such information to them. The terms “Lender” and “Lenders” include Xxxxx Fargo CB&T in its individual capacity.

Appears in 2 contracts

Samples: Loan and Security Agreement (Unified Grocers, Inc.), Loan and Security Agreement (Unified Grocers, Inc.)

Agent in Individual Capacity. Xxxxx Fargo WFF and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, provide bank products to, acquire Equity Interests equity interests in, and generally engage in any kind of banking, trust, financial advisory, underwriting, or other business with any Loan Party Borrower and its Subsidiaries and Affiliates and any other Person (other than the Lender Group) party to any Loan Document Documents as though Xxxxx Fargo WFF were not Agent hereunder, and, in each case, without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, Xxxxx Fargo WFF or its Affiliates may receive information regarding a Loan Party Borrower or its Affiliates or and any other Person (other than the Lender Group) party to any Loan Documents that is subject to confidentiality obligations in favor of such Loan Party Borrower or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver Agent will use its reasonable best efforts to obtain), Agent shall not be under any obligation to provide such information to them. The terms "Lender" and "Lenders" include Xxxxx Fargo WFF in its individual capacity.

Appears in 1 contract

Samples: Loan and Security Agreement (Acme Communications Inc)

Agent in Individual Capacity. Xxxxx Fargo WFRF and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, provide bank products to, acquire Equity Interests equity interests in, and generally engage in any kind of banking, trust, financial advisory, underwriting, or other business with any Loan Party Borrowers and its their Subsidiaries and Affiliates and any other Person party to any Loan Document Documents as though Xxxxx Fargo WFRF were not Agent or Canadian Agent hereunder, and, in each case, without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, Xxxxx Fargo WFRF or its Affiliates may receive information regarding a Loan Party Borrowers or its their Affiliates or and any other Person party to any Loan Documents that is subject to confidentiality obligations in favor of such Loan Party Borrowers or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver Agent will use its reasonable best efforts to obtain), Agent shall not be under any obligation to provide such information to them. The terms "Lender" and "Lenders" include Xxxxx Fargo WFRF in its individual capacity.

Appears in 1 contract

Samples: Loan and Security Agreement (Bombay Company Inc)

Agent in Individual Capacity. Xxxxx Fargo WFRF and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, provide bank products to, acquire Equity Interests equity interests in, and generally engage in any kind of banking, trust, financial advisory, underwriting, or other business with any Loan Party Borrowers and its their Subsidiaries and Affiliates and any other Person (other than the Lender Group) party to any Loan Document Documents as though Xxxxx Fargo WFRF were not Agent hereunder, and, in each case, without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, Xxxxx Fargo WFRF or its Affiliates may receive information regarding a Loan Party Borrowers or its their Affiliates or and any other Person (other than the Lender Group) party to any Loan Documents that is subject to confidentiality obligations in favor of such Loan Party Borrowers or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver Agent will use its reasonable best efforts to obtain), Agent shall not be under any obligation to provide such information to them. The terms “Lender” and “Lenders” include Xxxxx Fargo WFRF in its individual capacity.

Appears in 1 contract

Samples: Loan and Security Agreement (Ultimate Electronics Inc)

Agent in Individual Capacity. Xxxxx Fargo WFCF and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, provide bank products to, acquire Equity Interests equity interests in, and generally engage in any kind of banking, trust, financial advisory, underwriting, or other business with any Loan Party Companies and its their Subsidiaries and Affiliates and any other Person (other than the Lender Group) party to any Loan Document Documents as though Xxxxx Fargo WFCF were not Agent hereunder, and, in each case, without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, Xxxxx Fargo WFCF or its Affiliates may receive information regarding a Loan Party Companies or its their Affiliates or and any other Person (other than the Lender Group) party to any Loan Documents that is subject to confidentiality obligations in favor of such Loan Party Companies or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver Agent will use its reasonable best efforts to obtain), Agent shall not be under any obligation to provide such information to them. The terms “Lender” and “Lenders” include Xxxxx Fargo WFCF in its individual capacity.

Appears in 1 contract

Samples: Loan and Security Agreement (Telos Corp)

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Agent in Individual Capacity. Xxxxx Fargo WFRF and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, provide bank products to, acquire Equity Interests equity interests in, and generally engage in any kind of banking, trust, financial advisory, underwriting, or other business with any Loan Party Borrowers and its their 109 Subsidiaries and Affiliates and any other Person (other than the Lender Group) party to any Loan Document Documents as though Xxxxx Fargo WFRF were not Agent hereunder, and, in each case, without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, Xxxxx Fargo WFRF or its Affiliates may receive information regarding a Loan Party Borrowers or its their Affiliates or and any other Person (other than the Lender Group) party to any Loan Documents that is subject to confidentiality obligations in favor of such Loan Party Borrowers or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver Agent will use its reasonable best efforts to obtain), Agent shall not be under any obligation to provide such information to them. The terms “Lender” and “Lenders” include Xxxxx Fargo WFRF in its individual capacity.

Appears in 1 contract

Samples: Loan and Security Agreement (Ultimate Electronics Inc)

Agent in Individual Capacity. Xxxxx Fargo WFF, WFFC and its their respective Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, provide bank products to, acquire Equity Interests equity interests in, and generally engage in any kind of banking, trust, financial advisory, underwriting, or other business with any the Loan Party Parties and its their respective Subsidiaries and Affiliates and any other Person party to any Loan Document Documents as though Xxxxx Fargo WFF or WFFC (as applicable) were not an Agent hereunder, and, in each case, without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, Xxxxx Fargo WFF, WFFC or its their respective Affiliates may receive information regarding a the Loan Party or its Parties, their respective Affiliates or any other Person party to any Loan Documents that is subject to confidentiality obligations in favor of such the Loan Party Parties or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver such Agent will use its reasonable best efforts to obtain), such Agent shall not be under any obligation to provide such information to them. The terms “Lender” and “Lenders” include Xxxxx Fargo WFF in its individual capacity.

Appears in 1 contract

Samples: Senior Revolving Credit Agreement (Bumble Bee Capital Corp.)

Agent in Individual Capacity. Xxxxx Fargo WFF and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, provide bank products to, acquire Equity Interests equity interests in, and generally engage in any kind of banking, trust, financial advisory, underwriting, or other business with any Loan Party Parent, Borrower, and its Borrower's Subsidiaries and Affiliates and any other Person party to any Loan Document Documents as though Xxxxx Fargo WFF were not Agent hereunder, and, in each case, without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, Xxxxx Fargo WFF or its Affiliates may receive information regarding a Loan Party Parent, Borrower, or its Borrower's Affiliates or and any other Person party to any Loan Documents that is subject to confidentiality obligations in favor of such Loan Party Borrower or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver Agent will use its reasonable best efforts to obtain), Agent shall not be under any obligation to provide such information to them. The terms "Lender" and "Lenders" include Xxxxx Fargo WFF in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Hawaiian Holdings Inc)

Agent in Individual Capacity. Xxxxx Fargo Comerica and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, provide bank products to, acquire Equity Interests equity interests in, and generally engage in any kind of banking, trust, financial advisory, underwriting, or other business with any Loan Party Borrower and its Subsidiaries and Affiliates and any other Person (other than the Lender Group) party to any Loan Document Documents as though Xxxxx Fargo Comerica were not Agent hereunder, and, in each case, without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, Xxxxx Fargo Comerica or its Affiliates may receive information regarding a Loan Party Borrower or its Affiliates or and any other Person (other than the Lender Group) party to any Loan Documents that is subject to confidentiality obligations in favor of such Loan Party Borrower or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver Agent will use its reasonable best efforts to obtain), Agent shall not be under any obligation to provide such information to them. The terms "Lender" and "Lenders" include Xxxxx Fargo Comerica in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Ocular Sciences Inc /De/)

Agent in Individual Capacity. Xxxxx WFRFWells Fargo and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, provide bank products to, acquire Equity Interests equity interests in, and generally engage in any kind of banking, trust, financial advisory, underwriting, or other business with any Loan Party Borrowers and its their Subsidiaries and Affiliates and any other Person party to any Loan Document Documents as though Xxxxx WFRFWells Fargo were not Agent hereunder, and, in each case, without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, Xxxxx WFRFWells Fargo or its Affiliates may receive information regarding a Loan Party Borrowers or its their Affiliates or and any other Person party to any Loan Documents that is subject to confidentiality obligations in favor of such Loan Party Borrowers or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver Agent will use its reasonable best efforts to obtain), Agent shall not be under any obligation to 140 provide such information to them. The terms “Lender” and “Lenders” include Xxxxx WFRFWells Fargo in its individual capacity.

Appears in 1 contract

Samples: Loan and Security Agreement (West Marine Inc)

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