Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 291 contracts
Samples: Credit Agreement (Universal Health Services Inc), Abl Credit Agreement (TTM Technologies Inc), Credit Agreement (Essential Properties Realty Trust, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued issued, or Letter of Credit or Swingline Loan participated in in, by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 96 contracts
Samples: Credit Agreement (United Parks & Resorts Inc.), Incremental Assumption and Amendment Agreement (ADT Inc.), Asset Based Revolving Credit Agreement (Magnera Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 80 contracts
Samples: Term Loan Credit Agreement (TTM Technologies Inc), Credit Agreement (Tempus AI, Inc.), Credit Agreement (Tempus AI, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “"Lender” " and “"Lenders” " shall include each Agent in its individual capacity.
Appears in 70 contracts
Samples: Credit Agreement (Agl Resources Inc), Credit Agreement (Agl Resources Inc), Credit Agreement (Tango of Arundel, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were was not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “"Lender” " and “"Lenders” " shall include each Agent in its individual capacity.
Appears in 41 contracts
Samples: Credit Agreement (Rent a Center Inc De), Credit Agreement (Conmed Corp), Credit Agreement (Charter Communications Inc /Mo/)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Borrower as though such Agent were not an Agent. With respect to its Revolving Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 37 contracts
Samples: Credit Agreement (Public Service Co of Colorado), Credit Agreement (Public Service Co of Colorado), Credit Agreement (Public Service Co of Colorado)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued issued, or Letter of Credit participated in in, by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 33 contracts
Samples: Credit Agreement (Cerence Inc.), Restatement Agreement (EDGEWELL PERSONAL CARE Co), Credit Agreement (Norwegian Cruise Line Holdings Ltd.)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 33 contracts
Samples: Term Loan Credit Agreement (Magnera Corp), Credit Agreement (Chicken Soup for the Soul Entertainment, Inc.), Credit Agreement (Mallinckrodt PLC)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 28 contracts
Samples: Credit Agreement (Sba Communications Corp), Credit Agreement (Sba Communications Corp), Credit Agreement (Air Lease Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 25 contracts
Samples: Revolving Credit Agreement (Bunge Global SA), Revolving Credit Agreement (Bunge Global SA), Term Loan Agreement (Bungeltd)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Credit Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender”, “Lenders”, “Secured Party” and “LendersSecured Parties” shall include each Agent in its individual capacity.
Appears in 21 contracts
Samples: Credit Agreement (Vireo Growth Inc.), Credit Agreement (Soundhound Ai, Inc.), Credit Agreement (Rubrik, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such the Administrative Agent were not an the Administrative Agent. With respect to its Term Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an the Administrative Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 20 contracts
Samples: Term Loan Credit Agreement (AZEK Co Inc.), Term Loan Credit Agreement (PET Acquisition LLC), Term Loan Credit Agreement (PET Acquisition LLC)
Agent in Its Individual Capacity. Each Agent and its respective subsidiaries and affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Borrower as though such Agent it were not an AgentAgent hereunder. With respect to its any Loans made or renewed by it and with respect any Revolving Credit Note issued to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “"Lender” " and “"Lenders” " shall include each the Administrative Agent in its individual capacity.
Appears in 18 contracts
Samples: Credit Agreement (Broad River Properties L L C), Credit Agreement (Cooper River Properties LLC), Credit Agreement (Cooper River Properties LLC)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender”, “Lenders”, “Secured Party” and “LendersSecured Parties” shall include each Agent in its individual capacity.
Appears in 18 contracts
Samples: Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair L P)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Borrower as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 18 contracts
Samples: Credit Agreement (Fair Isaac Corp), Credit Agreement (Public Service Co of Colorado), Credit Agreement (Fair Isaac Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Borrower as though such Agent were not an AgentAgent hereunder and under the other Loan Documents. With respect to its Loans made or renewed by it and with respect to it, any Letter of Credit issued or participated in by itit and its Commitment hereunder, each 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 an Agent, and the terms “LenderBank” and “LendersBanks” shall include the each Agent in its individual capacity.
Appears in 17 contracts
Samples: Credit Agreement (Centerpoint Energy Resources Corp), Credit Agreement (Centerpoint Energy Resources Corp), Credit Agreement (Centerpoint Energy Resources Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such the Administrative Agent were not an the Administrative Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued issued, or Letter of Credit or Swingline Loan participated in by it, each 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 an the Administrative Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 16 contracts
Samples: Revolving Credit Agreement (AZEK Co Inc.), Revolving Credit Agreement (AZEK Co Inc.), Revolving Credit Agreement (AZEK Co Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were was not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 15 contracts
Samples: Credit Agreement (Neogen Corp), Credit Agreement (Garden SpinCo Corp), Credit Agreement (Tenneco Inc)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “"Lender” " and “"Lenders” " shall include each Agent in its individual capacity.
Appears in 15 contracts
Samples: Credit Agreement (Anc Rental Corp), Tender Facility Credit Agreement (Rodamco North America N V), Term Loan Credit Agreement (Medical Properties Trust Inc)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Revolving Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 14 contracts
Samples: Credit Agreement (Westar Energy Inc /Ks), Second Extension Agreement (Westar Energy Inc /Ks), Revolving Credit Agreement (Southern Star Central Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Borrower as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 12 contracts
Samples: 364 Day Term Loan Agreement (Xcel Energy Inc), 364 Day Term Loan Agreement (Xcel Energy Inc), Term Loan Agreement (Xcel Energy Inc)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “"Lender” " and “"Lenders” " shall include each Agent in its individual capacity.
Appears in 11 contracts
Samples: Credit Agreement (Trico Marine Services Inc), 364 Day Credit Agreement (Fedex Corp), 364 Day Credit Agreement (Thermo Electron Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender,” “Lenders,” “Secured Party” and “LendersSecured Parties” shall include each Agent in its individual capacity.
Appears in 11 contracts
Samples: Credit Agreement (Alkermes Plc.), Credit Agreement (LivaNova PLC), Intercreditor Agreement (LivaNova PLC)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each Agent shall have the same rights and powers under this Agreement and the other applicable Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 10 contracts
Samples: Credit Agreement (Engility Holdings, Inc.), Credit Agreement (Engility Holdings, Inc.), Credit Agreement (Engility Holdings, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender,” “Lenders,” “Secured Party” and “LendersSecured Parties” shall include each Agent in its individual capacity.
Appears in 9 contracts
Samples: Credit Agreement (INC Research Holdings, Inc.), Credit Agreement (INC Research Holdings, Inc.), Credit Agreement (INC Research Holdings, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party and its affiliates as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 9 contracts
Samples: Credit Agreement, Credit Agreement (NBCUniversal Media, LLC), Credit Agreement
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party Borrower or FSI as though such Agent were not an AgentAgent hereunder. With respect to its Loans Advances made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “"Lender” " and “"Lenders” " shall include each Agent in its individual capacity.
Appears in 9 contracts
Samples: Warehousing Credit Agreement (PLM Equipment Growth Fund Vi), Warehousing Credit Agreement (PLM Equipment Growth & Income Fund Vii), Warehousing Credit Agreement (PLM Equipment Growth Fund V)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Credit Party as though such Agent were not an AgentAgent hereunder. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each such Agent in its individual capacity.
Appears in 8 contracts
Samples: Senior Secured Credit Agreement (Language Line Services Holdings, Inc.), Senior Secured Credit Agreement (LL Services Inc.), Credit Agreement (Language Line Holdings, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party Borrower as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 7 contracts
Samples: Credit Agreement (Aspen Insurance Holdings LTD), Credit Agreement (Aspen Insurance Holdings LTD), Credit Agreement (Aspen Insurance Holdings LTD)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans or Swingline Loan made or renewed by it and with respect to any Letter of Credit or Acceptance, issued or participated in by it, as applicable, each Agent shall have the same rights and powers under this Agreement and the other applicable Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 7 contracts
Samples: Amendment No. 8 (Revlon Consumer Products Corp), Credit Agreement (Revlon Consumer Products Corp), Asset Based Revolving Credit Agreement (Revlon Consumer Products Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Term Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 7 contracts
Samples: Credit Agreement (Calpine Corp), Credit Agreement (Micron Technology Inc), Credit Agreement (Calpine Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates -------------------------------- may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were was not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “"Lender” " and “"Lenders” " shall include each Agent in its individual capacity.
Appears in 7 contracts
Samples: Credit and Guarantee Agreement (Exide Corp), Credit Agreement (Alliance Laundry Holdings LLC), Credit Agreement (Nationwide Credit Inc)
Agent in Its Individual Capacity. Each Agent Agent, and each of its affiliates Affiliates may make loans to, purchase securities from, provide services to, accept deposits from and generally engage in any kind of business with the Loan Parties or any Affiliate of the Loan Party Parties as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacityhereunder.
Appears in 6 contracts
Samples: Note and Equity Purchase Agreement (American Capital Strategies LTD), Note and Equity Purchase Agreement (Mirion Technologies, Inc.), Note and Equity Purchase Agreement (Mirion Technologies, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each Agent shall have the same rights and powers under this Agreement and the other applicable Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 6 contracts
Samples: Credit Agreement (Booz Allen Hamilton Holding Corp), Credit Agreement (Booz Allen Hamilton Holding Corp), Credit Agreement (Covetrus, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Parent Borrower or any Loan Party of its Subsidiaries as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 6 contracts
Samples: Credit Agreement (Domtar CORP), Credit Agreement (Domtar CORP), Credit Agreement (Domtar CORP)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from, purchase and accept B/As from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued issued, or Letter of Credit or Swingline Loan participated in in, by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 6 contracts
Samples: Incremental Assumption Agreement (Momentive Specialty Chemicals Inc.), Amendment Agreement (Hexion Specialty Chemicals, Inc.), Credit Agreement (Hexion Specialty Chemicals, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were was not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “"Lender” " and “"Lenders” " shall include each Agent in its individual capacity.
Appears in 6 contracts
Samples: Credit Agreement (Charter Communications Inc /Mo/), Interim Term Loan Agreement (Apartment Investment & Management Co), Credit Agreement (Allied Riser Communications Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter Letters of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 6 contracts
Samples: Revolving Credit and Term Loan Agreement (MPT Operating Partnership, L.P.), Revolving Credit and Term Loan Agreement (MPT Operating Partnership, L.P.), Revolving Credit Agreement (Medical Properties Trust Inc)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Borrower as though such Agent were not an AgentAgent hereunder and under the other Loan Documents. With respect to its Loans made or renewed by it and with respect to it, any Letter of Credit issued or participated in by itit and its Commitment hereunder, each 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 an Agent, and the terms “Lender” "Bank" and “Lenders” "Banks" shall include the each Agent in its individual capacity.
Appears in 5 contracts
Samples: Credit Agreement (Centerpoint Energy Inc), Credit Agreement (Centerpoint Energy Houston Electric LLC), Credit Agreement (Centerpoint Energy Houston Electric LLC)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or Letter of Credit participated in in, by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 5 contracts
Samples: Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Dave & Buster's Entertainment, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans Advances made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 5 contracts
Samples: Credit Agreement (Sears Holdings Corp), Credit Agreement (Sears Canada Inc.), Credit Agreement (Sears Holdings Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such the Administrative Agent were not an the Administrative Agent. With respect to its Term Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an the Administrative Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 5 contracts
Samples: Term Loan Credit Agreement (Amneal Pharmaceuticals, Inc.), Term Loan Credit Agreement (Amneal Pharmaceuticals, Inc.), Term Loan Credit Agreement (Amneal Pharmaceuticals, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 5 contracts
Samples: Credit Agreement (Parsley Energy, Inc.), Credit Agreement (Parsley Energy, Inc.), Second Lien Credit Agreement (Black Ridge Oil & Gas, Inc.)
Agent in Its Individual Capacity. Each The Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan a Credit Party as though such the Agent were not an AgentAgent hereunder. With respect to its the Loans made or renewed by it and with respect to any Letter made, Letters of Credit issued or participated in by and all Obligations owing to it, each the 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 an the Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 5 contracts
Samples: Credit Agreement (DCP Midstream Partners, LP), Credit Agreement (DCP Midstream Partners, LP), Credit Agreement (DCP Midstream Partners, LP)
Agent in Its Individual Capacity. Each Agent and each of its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any Loan Party Affiliate of the Borrower as though such Agent were not an AgentAgent hereunder. With respect to Advances made by an Agent (in its Loans made individual capacity) or renewed by it any of its Affiliates pursuant to this Agreement, such Agent and with respect to any Letter each of Credit issued or participated in by it, each Agent 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 5 contracts
Samples: Loan and Servicing Agreement (Prospect Capital Corp), Loan and Servicing Agreement (Prospect Capital Corp), Loan and Servicing Agreement (Prospect Capital Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 5 contracts
Samples: Term Loan Credit Agreement, Second Lien Credit Agreement (Sears Holdings Corp), Second Lien Credit Agreement (Sears Holdings Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Borrower as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “"Lender” " and “"Lenders” " shall include each Agent in its individual capacity.
Appears in 4 contracts
Samples: Credit Agreement (Pg&e Corp), Term Loan Agreement (Nevada Power Co), Credit Agreement (ITC Holdings Corp.)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Nuance Communications, Inc.), Revolving Credit Agreement (Nuance Communications, Inc.), Revolving Credit Agreement (Nuance Communications, Inc.)
Agent in Its Individual Capacity. Each Agent Agent, and its affiliates each of his Affiliates, may make loans to, accept deposits from purchase securities from, provide services to, and generally engage in any kind of business with the Company or any Loan Party Affiliate of the Company as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacityhereunder.
Appears in 4 contracts
Samples: Subordinated Convertible Note and Warrant Purchase Agreement (A4s Technologies Inc), Subordinated Convertible Note Purchase Agreement (A4s Technologies Inc), Subordinated Convertible Note Purchase Agreement (A4s Technologies Inc)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any Loan Party of its Subsidiaries as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 4 contracts
Samples: Credit Agreement (Northwestern Corp), Credit Agreement (Northwestern Corp), Credit Agreement (Northwestern Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were was not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 4 contracts
Samples: Credit Agreement (NBC Acquisition Corp), Credit Agreement (Nebraska Book Co), Credit Agreement (Nebraska Book Co)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such the Administrative Agent were not an the Administrative Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued issued, or Letter of Credit participated in by it, each 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 an the Administrative Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Amneal Pharmaceuticals, Inc.), Revolving Credit Agreement (Amneal Pharmaceuticals, Inc.), Revolving Credit Agreement (Amneal Pharmaceuticals, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “"Lender” " and “"Lenders” " shall include each Agent in its individual capacity.
Appears in 4 contracts
Samples: Credit Agreement (Interstate Bakeries Corp/De/), Credit Agreement (Aveta Inc), Credit Agreement (Interstate Bakeries Corp/De/)
Agent in Its Individual Capacity. Each Applicable Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Administrative Agent were not an Applicable Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each Applicable 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 an Applicable Agent, and the terms “Lender” and “Lenders” shall include each Applicable Agent in its individual capacity.
Appears in 4 contracts
Samples: 364 Day Revolving Credit Agreement (Ford Motor Co), 364 Day Revolving Credit Agreement (Ford Motor Co), 364 Day Revolving Credit Agreement (Ford Motor Co)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to it, any Letter of Credit issued or participated in by itit and any other extension of credit made by it hereunder, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 4 contracts
Samples: Credit Agreement (Ford Motor Co), Revolving Credit Agreement (General Motors Co), Credit Agreement (General Motors Co)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from, purchase and accept B/As from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued issued, or Letter of Credit or Swingline Loan participated in in, by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 4 contracts
Samples: Asset Based Revolving Credit Agreement (Hexion Inc.), Amendment Agreement (Hexion Inc.), Amendment Agreement (Hexion Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party Group Member as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender”, “Lenders”, “Secured Party” and “LendersSecured Parties” shall include each Agent in its individual capacity.
Appears in 3 contracts
Samples: Amendment and Restatement Agreement (Metropcs Communications Inc), Amendment and Restatement Agreement (Metropcs Communications Inc), Credit Agreement (Metropcs Communications Inc)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were was not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 3 contracts
Samples: Credit Agreement (Taboola.com Ltd.), Credit Agreement (Taboola.com Ltd.), Incremental Facility Amendment (Taboola.com Ltd.)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party Group Member as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 3 contracts
Samples: Credit Agreement (Gartner Inc), Credit Agreement (American Real Estate Partners L P), Credit Agreement (American Real Estate Partners L P)
Agent in Its Individual Capacity. Each The 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 Loan Party Affiliate of the Borrower as though such the Agent were not an Agentthe Agent hereunder. With respect to its Loans made or renewed by it and with respect the Secured Obligations owing to any Letter of Credit issued or participated in by itthe Agent hereunder, each the Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender other Secured Party and may exercise the same as though it were not an the Agent, and the terms term “Lender” and “LendersSecured Party” shall include each the Agent in its individual capacity.
Appears in 3 contracts
Samples: Loan and Security Agreement (Medallion Financial Corp), Loan and Security Agreement (Medallion Financial Corp), Loan and Security Agreement (Medallion Financial Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party and its affiliates as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 3 contracts
Samples: Term Loan Credit Agreement (NBCUniversal Media, LLC), 364 Day Bridge Credit Agreement, Term Loan Credit Agreement
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued issued, or Letter of Credit or Swingline Loan participated in in, by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 3 contracts
Samples: Credit Agreement (SeaWorld Entertainment, Inc.), Credit Agreement (Verso Corp), Revolving Credit Agreement (Berry Plastics Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such Agent were not an the Administrative Agent or the Collateral Agent, as the case may be. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an the Administrative Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 3 contracts
Samples: Credit Agreement (Xerox Corp), First Lien Term Loan Credit Agreement (Xerox Corp), Credit Agreement (Xerox Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.and
Appears in 3 contracts
Samples: Credit Agreement (GNC Acquisition Holdings Inc.), First Lien Credit Agreement (Six Flags Entertainment Corp), Senior Credit Agreement (Websense Inc)
Agent in Its Individual Capacity. Each The Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with either Borrower any Loan Party Affiliate of either Borrower as though such the Agent were not an Agentthe Agent hereunder. With respect to its Loans made or renewed by it and with respect the Obligations owing to any Letter of Credit issued or participated in by itthe Agent hereunder, each the Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender other Secured Party and may exercise the same as though it were not an the Agent, and the terms term “Lender” and “LendersSecured Party” shall include each the Agent in its individual capacity.
Appears in 3 contracts
Samples: Credit and Security Agreement, Credit and Security Agreement (GWG Holdings, Inc.), Credit and Security Agreement (GWG Holdings, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates -------------------------------- may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “"Lender” " and “"Lenders” " shall include each Agent in its individual capacity.
Appears in 3 contracts
Samples: Credit Agreement (American Pharmaceutical Partners Inc /Ca/), Credit Agreement (Infonet Services Corp), Credit Agreement (Ifco Systems Nv)
Agent in Its Individual Capacity. Each Agent and Arranger and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent or Arranger were not an AgentAgent or an Arranger, respectively. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each Agent and Arranger 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 an AgentAgent or an Arranger, and the terms “"Lender” " and “"Lenders” " shall include each Agent in its individual capacity.
Appears in 3 contracts
Samples: Term Loan Agreement (Eddie Bauer Holdings, Inc.), Term Loan Agreement (Eddie Bauer Holdings, Inc.), Term Loan Agreement (Eddie Bauer Holdings, Inc.)
Agent in Its Individual Capacity. Each The Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such the Agent were not an Agentthe Agent hereunder. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each the 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 an Agentthe Agent hereunder, and the terms “Lender” and “Lenders” shall include each the Agent in its individual capacity.
Appears in 3 contracts
Samples: Abl Credit Agreement (Specialty Building Products, Inc.), Abl Credit Agreement (Specialty Building Products, Inc.), Abl Credit Agreement (Forterra, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued issued, or Letter of Credit or Swingline Loan participated in in, by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 3 contracts
Samples: Amendment Agreement (Momentive Performance Materials Inc.), Senior Secured Debtor in Possession and Exit Asset Based Revolving Credit Agreement (Momentive Performance Materials Inc.), Asset Based Revolving Credit Agreement (Momentive Performance Materials Inc.)
Agent in Its Individual Capacity. Each The Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any Loan other Credit Party as though such the Agent were not an Agentthe Agent hereunder. With respect to its the Loans made or renewed by it and with respect to any Letter Letters of Credit issued or participated in by and all obligations owing to it, each the 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 an the Agent, and the terms “"Lender” " and “"Lenders” " shall include each the Agent in its individual capacity.
Appears in 3 contracts
Samples: Credit Agreement (Colonial Properties Trust), Credit Agreement (Colonial Realty Limited Partnership), Credit Agreement (Colonial Realty Limited Partnership)
Agent in Its Individual Capacity. Each The Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such the Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each the Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender the Issuing Bank or L/C Lender, as applicable, and may exercise the same as though it were not an Agent, and the terms “Issuing Bank”, “Lender” and “Lenders” shall include each the Agent in its individual capacity.
Appears in 3 contracts
Samples: Letter of Credit and Reimbursement Agreement (Sears Holdings Corp), Letter of Credit and Reimbursement Agreement (Sears Holdings Corp), Letter of Credit and Reimbursement Agreement (Sears Holdings Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 3 contracts
Samples: Credit Agreement (Rotech Healthcare Inc), Credit Agreement (Rotech Healthcare Inc), Credit Agreement (Rotech Healthcare Inc)
Agent in Its Individual Capacity. Each The Agent and its affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued issued, or Letter of Credit or Swingline Loan participated in in, by it, each the 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 3 contracts
Samples: Credit Agreement (Westrock Coffee Co), Credit Agreement (Westrock Coffee Co), Incremental Assumption Agreement and Amendment No. 1 (Westrock Coffee Co)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Term Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “"Lender” " and “"Lenders” " shall include each Agent in its individual capacity.
Appears in 3 contracts
Samples: Term Loan Agreement (B&g Foods Inc), Term Loan Agreement (Williams Companies Inc), Term Loan Agreement (Haights Cross Communications Inc)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each Agent shall have the same rights and powers under this Agreement and the other applicable Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 3 contracts
Samples: Superpriority Senior Secured Debtor in Possession Credit Agreement (Revlon Consumer Products Corp), Credit Agreement (Revlon Inc /De/), Term Credit Agreement (Revlon Inc /De/)
Agent in Its Individual Capacity. Each The Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Credit Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each the 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 an Agent, and the terms “Lender”, “Lenders”, “Secured Party” and “LendersSecured Parties” shall include each the Agent in its individual capacity.
Appears in 3 contracts
Samples: Credit Agreement (ARKO Corp.), Credit Agreement (ARKO Corp.), Credit Agreement (ARKO Corp.)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Revolving Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 3 contracts
Samples: Credit Agreement (Synopsys Inc), Credit Agreement (Synopsys Inc), Credit Agreement (Synopsys Inc)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Borrower as though such Agent were not an Agent. With respect to its Term Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 3 contracts
Samples: Term Loan Credit Agreement (Aspen Insurance Holdings LTD), Term Loan Credit Agreement (Aspen Insurance Holdings LTD), Term Loan Credit Agreement (Aspen Insurance Holdings LTD)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Revolving Credit Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 3 contracts
Samples: Credit Agreement (Sba Communications Corp), Credit Agreement (Sba Communications Corp), Credit Agreement (Sba Communications Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and any Loan other Credit Party as though such Agent were not an AgentAgent hereunder and under the other Credit Documents. With respect to its the Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 3 contracts
Samples: Credit Agreement (California Resources Corp), Credit Agreement (California Resources Corp), Credit Agreement (California Resources Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Term Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 2 contracts
Samples: Second Lien Credit Agreement (Sears Holdings Corp), Second Lien Credit Agreement (Sears Holdings Corp)
Agent in Its Individual Capacity. Each The Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party Borrower and any Guarantor and their respective Subsidiaries as though such if the Agent were not an Agentthe Agent hereunder. With respect to its Commitment, the Loans made or renewed by it and with respect any Note issued to it and any Letter of Credit issued or participated in by it, each the Agent shall have and may exercise the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise is subject to the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.obligations and
Appears in 2 contracts
Samples: Loan and Security Agreement (Trism Inc /De/), Loan and Security Agreement (Trism Inc /De/)
Agent in Its Individual Capacity. Each The Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Company as though such the Agent were was not an Agentthe Agent hereunder. With respect to its Loans made or renewed by it and with respect to it, any Letter of Credit issued or participated in by it and any Note issued to it, each the 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 an the Agent, and the terms “Lender” "Bank" and “Lenders” "Banks" shall include each the Agent in its individual capacity.
Appears in 2 contracts
Samples: Credit Agreement (Hca the Healthcare Co), Credit Agreement (Hca Inc/Tn)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party Borrower and their Affiliates as though such Agent were not an Agentagent under this Agreement and under the other Loan Documents. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each Agent shall will 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 an Agent, and the terms “Lender” and “Lenders” shall will include each Agent in its individual capacity.
Appears in 2 contracts
Samples: Financing Agreement (CitiSteel PA, Inc.), Financing Agreement (CitiSteel PA, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Credit Party as though such Agent were not an AgentAgent hereunder. With respect to its Loans made or renewed by it and with respect re- spect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “"Lender” " and “"Lenders” " shall include each such Agent in its individual capacity.
Appears in 2 contracts
Samples: Credit Agreement (Hollywood Entertainment Corp), Credit Agreement (Hollywood Entertainment Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Credit Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 2 contracts
Samples: Credit Agreement (Trico Marine Services Inc), Secured Super Priority Debtor in Possession Credit Agreement (Trico Marine Services Inc)
Agent in Its Individual Capacity. Each Agent and its affiliates may -------------------------------- make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were was not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “"Lender” " and “"Lenders” " shall include each Agent in its individual capacity.
Appears in 2 contracts
Samples: Credit Agreement (Sba Communications Corp), Credit Agreement (Lifepoint Hospitals Inc)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Bungeltd), Credit Agreement (Investment Technology Group, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 2 contracts
Samples: Senior Secured Term Loan Agreement (Hexion Inc.), Senior Secured Debtor in Possession Term Loan Agreement (Momentive Performance Materials Inc.)
Agent in Its Individual Capacity. Each The Agent and its respective affiliates may make loans to, accept deposits from from, issue letters of credit for the account of, and generally engage in any kind of business with with, any Loan Credit Party as though such the Agent were not an AgentAgent hereunder. With respect to its Loans made or renewed by it Commitment and participation as a Bank with respect to any Letter Letters of Credit issued or participated Credit, the Agent, in by itits individual capacity and not as Agent, each 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 an the Agent, and the terms “Lender” and Bank”and “Lenders” shall include each Agent in its individual capacity.
Appears in 2 contracts
Samples: Letter of Credit Agreement (Pma Capital Corp), Letter of Credit Agreement (Pma Capital Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party Group Member as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 2 contracts
Samples: Term Facility Credit Agreement (Fender Musical Instruments Corp), Term Facility Credit Agreement (Fender Musical Instruments Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party Group Member as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 2 contracts
Samples: Revolving Facility Credit Agreement (Fender Musical Instruments Corp), Revolving Facility Credit Agreement (Fender Musical Instruments Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 2 contracts
Samples: Senior Bridge Loan Agreement (Charter Communications Inc /Mo/), Bridge Credit Agreement (Precision Drilling Trust)
Agent in Its Individual Capacity. Each The Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any Loan other Credit Party as though such the Agent were not an Agentthe Agent hereunder. With respect to its the Revolving Loans made or renewed by it and with respect all Total Revolving Obligations owing to any Letter of Credit issued or participated in by it, each the Agent shall have the same rights and powers under this Credit Agreement and the other Loan Documents as any Lender Bank and may exercise the same as though it were not an Agent, and the terms “Lender” "Bank" and “Lenders” shall include each Agent in its individual capacity."
Appears in 2 contracts
Samples: Credit Agreement (Cottontops Inc), Credit Agreement (Anvil Holdings Inc)
Agent in Its Individual Capacity. Each The Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Credit Party as though such the Agent were not an AgentAgent under the Credit Agreement. With respect to its the Loans made or renewed by it and with respect all obligations of the Borrowers under the Credit Documents owing to any Letter of Credit issued or participated in by it, each the Agent shall have the same rights and powers under this the Credit Agreement and the other Loan Documents as any Lender and may exercise the same as though it they were not an Agent, and the terms “"Lender” " and “Lenders” shall include each Agent in its individual capacity."
Appears in 2 contracts
Samples: Credit Agreement (Hunt Corp), Credit Agreement (Hunt Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “"Lender” " and “Lenders” shall include each Agent in its individual capacity."
Appears in 2 contracts
Samples: Credit Agreement (Appleton Papers Inc/Wi), Credit Agreement (Brookdale Senior Living Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party Company as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each Agent shall have the same rights and powers under this Agreement and the other Loan Documents Papers as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 2 contracts
Samples: Credit Agreement (Centurylink, Inc), Credit Agreement (Centurylink, Inc)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter letter of Credit credit issued or participated in by it, each 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 an Agent, and the terms “"Lender” " and “"Lenders” " shall include each Agent in its individual capacity.
Appears in 2 contracts
Samples: Loan Agreement (Century Aluminum Holdings, Inc.), Loan Agreement (Century Louisiana, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Credit Party as though such Agent were not an AgentAgent hereunder. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each Agent in its capacity as a Lender shall have the same rights and powers powers, duties and liabilities under this Agreement and the other Loan Credit Documents as any other Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each such Agent in its individual capacity.
Appears in 2 contracts
Samples: Credit Agreement (Atlantic Broadband Finance, LLC), Credit Agreement (Atlantic Broadband Finance, LLC)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each 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 an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 2 contracts
Samples: Credit Agreement (Allscripts Healthcare Solutions, Inc.), Credit Agreement (Agl Resources Inc)
