Common use of Agent in Individual Capacity Clause in Contracts

Agent in Individual Capacity. BofA and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower and their Affiliates as though BofA were not the Agent hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, BofA or its Affiliates may receive information regarding the Borrower or their

Appears in 3 contracts

Samples: Credit Agreement (Van Kampen Prime Rate Income Trust), Credit Agreement (Van Kampen American Capital Prime Rate Income Trust), Credit Agreement (Van Kampen Prime Rate Income Trust)

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Agent in Individual Capacity. BofA and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower Company and their its Subsidiaries and Affiliates as though BofA were not the Agent hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, BofA or its Affiliates may receive information regarding the Borrower Company or theirits Affiliates (including information that may be subject to

Appears in 3 contracts

Samples: Credit Agreement (Deluxe Corp), Credit Agreement (Dreyers Grand Ice Cream Inc), Revolving Loan Agreement (North Star Universal Inc)

Agent in Individual Capacity. BofA and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower and their Affiliates as though BofA were not the Agent hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, BofA or its Affiliates may receive information regarding the Borrower or theirand

Appears in 2 contracts

Samples: Credit Agreement (Cd Radio Inc), Credit Agreement (California Microwave Inc)

Agent in Individual Capacity. BofA and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower Company and their its Subsidiaries and Affiliates as though BofA were not the Agent hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, BofA or its Affiliates may receive information regarding the Borrower or theirAgent

Appears in 2 contracts

Samples: Credit Agreement (Tower Automotive Inc), Credit Agreement (Pacificare Health Systems Inc)

Agent in Individual Capacity. BofA and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower Company and their Affiliates as though BofA were not the Agent hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, BofA or its Affiliates may receive information regarding the Borrower or their75

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Schawk Inc)

Agent in Individual Capacity. BofA and its Affiliates may make ---------------------------- loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower Company and their its Subsidiaries and Affiliates as though BofA were not the Agent Agent, the Issuing Bank or the Swing Line Bank hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, BofA or its Affiliates may receive information regarding the Borrower Company or theirits Affiliates (including

Appears in 1 contract

Samples: Credit Agreement (United Road Services Inc)

Agent in Individual Capacity. BofA and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower and their its Subsidiaries and Affiliates (including, without limitation, as though BofA were not "Agent" and as a "Bank" under the Agent hereunder 364-Day Credit Agreement and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, BofA or its Affiliates may receive information regarding the Borrower or theiras "Collateral Agent" under the

Appears in 1 contract

Samples: Credit Agreement (Storage Technology Corp)

Agent in Individual Capacity. BofA and its Affiliates may make ---------------------------- loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower Company and their its Subsidiaries and Affiliates as though BofA were not the Agent hereunder and without notice to or consent of the Banks. The Banks acknowledge Each Bank acknowledges that, pursuant to such activities, BofA or its Affiliates may receive information regarding the Borrower Company or theirits Affiliates (including -77-

Appears in 1 contract

Samples: Revolving Credit Agreement (Standard Pacific Corp /De/)

Agent in Individual Capacity. BofA and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower Company and their its Subsidiaries and Affiliates as though BofA were not the Agent hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, BofA or its Affiliates may receive information regarding the Borrower Company or theirits Affiliates (including information that may be subject to confidentiality obligations in favor of the Company or such

Appears in 1 contract

Samples: Credit Agreement (National Surgery Centers Inc \De\)

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Agent in Individual Capacity. BofA and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting advisory or other business with the Borrower Loan Parties and their respective Subsidiaries and Affiliates as though BofA were not the Agent hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant With respect to such activitiesits Loans, BofA or its Affiliates may receive information regarding shall have the Borrower or theirsame rights and powers under this Agreement as any other Bank and may

Appears in 1 contract

Samples: Credit Agreement (Rio Hotel & Casino Inc)

Agent in Individual Capacity. BofA and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower and their Affiliates as though BofA were not the Agent hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, BofA or its Affiliates may receive information regarding the Borrower or theiracquire

Appears in 1 contract

Samples: Guarantee and Security Agreement (Conseco Inc)

Agent in Individual Capacity. BofA and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower and their Affiliates as though BofA were not the Agent hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, BofA or its Affiliates may receive information regarding the Borrower or theirgenerally

Appears in 1 contract

Samples: Credit Agreement (United Road Services Inc)

Agent in Individual Capacity. BofA and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower Company and their its Subsidiaries and Affiliates as though BofA were not the Agent hereunder and without notice to or consent of the BanksLenders. The Banks Lenders acknowledge that, pursuant to such activities, BofA or its Affiliates may receive information regarding the Borrower Company or theirits Affiliates (including information that may be subject to confidentiality obligations in favor of the Company or such

Appears in 1 contract

Samples: Credit Agreement (White Cap Holdings Inc)

Agent in Individual Capacity. BofA and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower and their Affiliates as though BofA were not the Agent hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, BofA or its Affiliates may receive information regarding the Borrower or theirCompany

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Alberto Culver Co)

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