Agent in Its Individual Capacity. Each person serving as an Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent, and such person and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Borrower or any Subsidiary or other Affiliate thereof as if it were not an Agent hereunder.
Appears in 27 contracts
Samples: Credit Agreement (Basic Energy Services Inc), Credit Agreement (Cpi International, Inc.), Credit Agreement (Cpi International, Inc.)
Agent in Its Individual Capacity. Each person serving as an Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent, and such person and its Affiliates may accept deposits from, lend money to to, act as financial advisor or in any other advisory capacity for, and generally engage in any kind of business with Borrower with, any Company or any Subsidiary or other Affiliate thereof as if it were not an Agent hereunderhereunder and without duty to account therefor to the Lenders or the Issuing Bank.
Appears in 10 contracts
Samples: Credit Agreement (Biglari Holdings Inc.), Credit Agreement (Edgen Group Inc.), Credit Agreement (Edgen Group Inc.)
Agent in Its Individual Capacity. Each person serving as an Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent, and such person and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with U.S. Borrower or any Subsidiary or other Affiliate thereof as if it were not an Agent hereunder.
Appears in 7 contracts
Samples: Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc)
Agent in Its Individual Capacity. Each person serving as an Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent, and such person and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if it were not an Agent hereunder.
Appears in 4 contracts
Samples: Credit Agreement (Delta Petroleum Corp/Co), Credit Agreement (Knoll Inc), Credit Agreement (Knoll Inc)
Agent in Its Individual Capacity. Each person Person serving as an Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent, and such person and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Borrower the Company or any Subsidiary or other Affiliate thereof as if it were not an Agent hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Wellman Inc), Credit Agreement (Wellman Inc)
Agent in Its Individual Capacity. Each person serving as an Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent, and such person and its Affiliates may accept deposits from, lend money to to, act as financial advisor or in any other advisory capacity for, and generally engage in any kind of business with Borrower with, any Company or any Subsidiary or other Affiliate thereof as if it were not an Agent hereunderhereunder and without duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Second Lien Term Loan Agreement (Critical Homecare Solutions Holdings, Inc.), Revolving Credit Agreement (ICO Global Communications (Holdings) LTD)
Agent in Its Individual Capacity. Each person serving as an Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent, and such person and its Affiliates may accept deposits from, lend money to to, act as financial advisor or in any other advisory capacity for, and generally engage in any kind of business with Borrower with, any Loan Party or any Subsidiary or other Affiliate thereof as if it were not an Agent hereunderhereunder and without duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Five Below, Inc)
Agent in Its Individual Capacity. Each person serving as an the Agent hereunder shall have the same rights and powers in its capacity as a Lender Purchaser as any other Lender Purchaser and may exercise the same as though it were not an the Agent, and such person and its Affiliates may accept deposits from, lend money to to, act as financial advisor or in any other advisory capacity for, and generally engage in any kind of business with with, any Borrower or any Subsidiary or other Affiliate thereof as if it were not an the Agent hereunderhereunder and without duty to account therefor to the Purchasers.
Appears in 2 contracts
Samples: Note Purchase Agreement (Global Telecom & Technology, Inc.), Note Purchase Agreement (Global Telecom & Technology, Inc.)
Agent in Its Individual Capacity. Each person serving as an Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent, and such person and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Borrower or any Subsidiary Loan Party or other Affiliate thereof as if it were not an Agent hereunder.
Appears in 2 contracts
Samples: Credit Agreement (Horizon Lines, Inc.), Credit Agreement (Horizon Lines, Inc.)
Agent in Its Individual Capacity. Each person serving as an Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent, and such person and its Affiliates may accept deposits from, lend money to to, act as financial advisor or in any other advisory capacity for, and generally engage in any kind of business with Borrower with, any Company or any Subsidiary or other Affiliate thereof as if it were not an Agent hereunderhereunder and without duty to account therefor to the Lenders or the Issuing Lender.
Appears in 2 contracts
Samples: Credit Agreement (BioScrip, Inc.), Credit Agreement (BioScrip, Inc.)
Agent in Its Individual Capacity. Each person serving as an Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent, and such person and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if it were not an Agent hereunder.
Appears in 1 contract
Samples: Agreement
Agent in Its Individual Capacity. Each person Person serving as an Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent, and such person Person and its Affiliates may accept deposits from, lend money to to, act as financial advisor or in any other advisory capacity for, and generally engage in any kind of business with Borrower with, any Company or any Subsidiary or other Affiliate thereof as if it were not an Agent hereunderhereunder and without duty to account therefor to the Lenders or the Issuing Bank.
Appears in 1 contract
Samples: Credit and Security Agreement (Five Star Quality Care Inc)
Agent in Its Individual Capacity. Each person serving as an Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Agent, and such person and its Affiliates may accept deposits from, lend money to to, act as financial advisor or in any other advisory capacity for, and generally engage in any kind of business with Borrower with, any Credit Party or any Subsidiary or other Affiliate thereof as if it were not an the Agent hereunderhereunder and without duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Credit and Security Agreement (Emerge Energy Services LP)
Agent in Its Individual Capacity. Each person serving as an Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent, and such person and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Borrower Borrowers or any Subsidiary or other Affiliate thereof as if it were not an Agent hereunder.
Appears in 1 contract
Agent in Its Individual Capacity. Each person Person serving as an Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent, and such person Person and its Affiliates may accept deposits from, lend money to to, act as financial advisor or in any other advisory capacity for, and generally engage in any kind of business with Borrower with, any Company or any Subsidiary or other Affiliate thereof as if it were not an Agent hereunderhereunder and without duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Term Loan Credit Agreement (Global Aviation Holdings Inc.)
Agent in Its Individual Capacity. Each person serving as an Agent hereunder shall have the same rights and powers in its capacity as a Lender Noteholder as any other Lender Noteholder and may exercise the same as though it were not an the Agent, and such person and its Affiliates may accept deposits from, lend money to to, act as financial advisor or in any other advisory capacity for, and generally engage in any kind of business with Borrower with, any Note Party or any Subsidiary or other Affiliate thereof as if it were not an the Agent hereunderhereunder and without duty to account therefor to the Noteholders.
Appears in 1 contract
Samples: Second Lien Note Purchase Agreement (Emerge Energy Services LP)
Agent in Its Individual Capacity. Each person serving as an Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent, and each such person bank and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if it were not an Agent hereunder.
Appears in 1 contract
Agent in Its Individual Capacity. Each person Person serving as an Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender Lender, and may exercise the same as though it were not an Agent, and such person Person and its Affiliates may accept deposits from, lend money to to, act as financial advisor (or in any other advisory capacity) for, and generally engage in any kind of business with Borrower with, each Obligor or any Subsidiary or other Affiliate thereof as if it were not an Agent hereunderAgent, and without any duty to account therefor to the other Lenders.
Appears in 1 contract