Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock and stock equivalents of, engage in any kind of business with, any Obligor or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Lender”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Majority Lenders, respectively.
Appears in 6 contracts
Samples: Credit Agreement (Allurion Technologies, Inc.), Bridging Agreement (Allurion Technologies Holdings, Inc.), Credit Agreement (Xeris Biopharma Holdings, Inc.)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Revolving Lender”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Revolving Lender or as one of the Majority Required Lenders, respectively.
Appears in 5 contracts
Samples: Credit Agreement (Cryolife Inc), Credit Agreement (Akorn Inc), Credit Agreement (Akorn Inc)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Term Loan or otherwise becomes a Lender Purchaser hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender Purchaser and the terms “Lender”, Purchaser” and “Majority LenderRequired Purchasers”, and any similar terms shall, except where otherwise expressly provided in any Loan Note Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender a Purchaser or as one of the Majority LendersRequired Purchasers, respectively.
Appears in 4 contracts
Samples: Second Lien Note Purchase Agreement (Spinal Elements Holdings, Inc.), Second Lien Note Purchase Agreement (Spinal Elements Holdings, Inc.), Second Lien Note Purchase Agreement (Spinal Elements Holdings, Inc.)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Loan Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan Loans or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Requisite Lender”, ” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender Lender, or as one of the Majority Requisite Lenders, respectively.
Appears in 4 contracts
Samples: Loan and Security Agreement (GenMark Diagnostics, Inc.), Loan and Security Agreement (Cas Medical Systems Inc), Loan and Security Agreement (AMEDICA Corp)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Revolving Lender”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Revolving Lender or as one of the Majority Required Lenders, respectively.
Appears in 3 contracts
Samples: Credit Agreement (Essex Rental Corp.), Credit Agreement (Rentech Nitrogen Partners, L.P.), Credit Agreement (Essex Rental Corp.)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock and stock equivalents Equity Interests of, engage in any kind of business with, any Obligor Loan Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any portion of the Term Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, ” and “Majority Required Lender”, ” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the include Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Majority Required Lenders, respectively.
Appears in 3 contracts
Samples: Loan and Security Agreement (Olb Group, Inc.), Loan and Security Agreement (Excel Corp), Loan and Security Agreement (Sypris Solutions Inc)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Required Lender”, ” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Majority Required Lenders, respectively.
Appears in 3 contracts
Samples: Credit Agreement (Furniture Brands International Inc), Credit Facility (Metropolitan Health Networks Inc), Credit Agreement (Rand Logistics, Inc.)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, ,” “Majority Required Lender”, ” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the include Agent or such Affiliate, as the case may beapplicable, in its individual capacity as Lender, Lender or as one of the Majority Required Lenders, respectively.
Appears in 3 contracts
Samples: Credit Agreement (Jakks Pacific Inc), Term Loan Agreement (Jakks Pacific Inc), Credit Agreement (Jakks Pacific Inc)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock and stock equivalents Equity Interests of, engage in any kind of business with, any Obligor Loan Party or Affiliate thereof as though it were not acting as the Agent Agent, and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan portion of the Revolving Loans or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, ” and “Majority Required Lender”, ” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the include Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Majority Required Lenders, respectively.
Appears in 3 contracts
Samples: Loan and Security Agreement (SkyWater Technology, Inc), Super Priority Senior Secured Debtor in Possession Loan and Security Agreement (iMedia Brands, Inc.), Loan and Security Agreement (SkyWater Technology, Inc)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Required Lender”, ” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the include Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Majority Required Lenders, respectively.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Signature Group Holdings, Inc.), Debt Agreement
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Note Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes purchases any Loan Notes or otherwise becomes a Lender Purchaser hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender Purchaser and the terms “LenderPurchaser”, “Majority LenderRequired Purchaser”, and any similar terms shall, except where otherwise expressly provided in any Loan Note Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender Purchaser or as one of the Majority LendersRequired Purchasers, respectively.
Appears in 2 contracts
Samples: Senior Secured Priming Super Priority Debtor in Possession Note Purchase Agreement (Constar International Inc), Restructuring and Lock Up Agreement (Constar International Inc)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Revolving Lender”, “Required Lender”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender Revolving Lender or as one of the Majority Required Lenders, respectively.
Appears in 2 contracts
Samples: Credit Agreement (Rentech Nitrogen Partners, L.P.), Credit Agreement (Rentech Nitrogen Partners, L.P.)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Required Lender”, “Supermajority Lenders” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender Lender, as one of the Required Lenders or as one of the Majority Supermajority Lenders, respectively.
Appears in 2 contracts
Samples: Credit Agreement (Constellium N.V.), Credit Agreement (Constellium N.V.)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Revolving Lender”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Revolving Lender or as one of the Majority Required Lenders or Required Lenders, respectively.
Appears in 2 contracts
Samples: Credit Agreement (Victor Technologies Group, Inc.), Credit Agreement (Thermadyne Australia Pty Ltd.)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Lender”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Lender or as one of the Majority Required Lenders, respectively.
Appears in 2 contracts
Samples: Credit Agreement (Talbots Inc), Credit Agreement (Talbots Inc)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Revolving Lender”, “Required Lender”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Revolving Lender or as one of the Majority Required Lenders, respectively.
Appears in 2 contracts
Samples: Credit Agreement (NxStage Medical, Inc.), Credit Agreement (Tembec Industries Inc)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, and engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Required Lender”, ” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Majority Required Lenders, respectively.
Appears in 2 contracts
Samples: Credit Agreement (Charah Solutions, Inc.), Credit Agreement (Charah Solutions, Inc.)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock and stock equivalents of, accept deposits from, and engage in any kind of business with, any Obligor Borrower or any Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan is or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender Lender, and the terms “Lender”, “Majority Required Lender”, ” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Majority Lenders, respectively.expressly
Appears in 2 contracts
Samples: Loan and Security Agreement (Asante Solutions, Inc.), Loan and Security Agreement (Asante Solutions, Inc.)
Agent Individually. The Administrative Agent and its Affiliates may make loans and other extensions of credit to, acquire stock and stock equivalents of, engage in any kind of business with, any Obligor or Affiliate thereof as though it were not acting as the Administrative Agent and may receive separate fees and other payments therefor. To the extent the Administrative Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Lender”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Administrative Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Majority Lenders, respectively.
Appears in 2 contracts
Samples: Credit Agreement (Neuronetics, Inc.), Credit Agreement (Apyx Medical Corp)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Lender”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Lender or as one of the Majority Required Lenders, respectively.
Appears in 2 contracts
Samples: Credit Agreement (Banctec Inc), Credit Agreement (Banctec Inc)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock and stock equivalents Equity Interests of, or engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Required Lender”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Majority Required Lenders, respectively.
Appears in 2 contracts
Samples: Term Loan Agreement (International Textile Group Inc), Term Loan Agreement (International Textile Group Inc)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock and stock equivalents of, engage in any kind of business with, any Obligor Loan Party or any Affiliate thereof of any Loan Party as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan Term Loans or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Required Lender”, ” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender Lender, or as one of the Majority Required Lenders, respectively.
Appears in 2 contracts
Samples: Loan and Security Agreement (LumiraDx LTD), Loan and Security Agreement (LumiraDx LTD)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Required Lender”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender Lender, or as one of the Majority Required Lenders, respectively.
Appears in 2 contracts
Samples: Debtor in Possession Credit Agreement (GSE Holding, Inc.), Dip Credit Agreement
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Required Lender”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender Lender, or as one of the Majority Required Lenders, respectively.
Appears in 2 contracts
Samples: Credit Agreement (Hemisphere Media Group, Inc.), Credit Agreement (Hemisphere Media Group, Inc.)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Loan Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan Loans or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Requisite Lender”, ” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender Lender, or as one of the Majority Requisite Lenders, respectively.. Loan and Security Agreement - Amedica
Appears in 2 contracts
Samples: Loan and Security Agreement, Loan and Security Agreement (AMEDICA Corp)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock and stock equivalents Stock of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Revolving Lender”, “Required Lenders” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the include Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Revolving Lender or as one of the Majority Required Lenders, respectively.
Appears in 1 contract
Samples: Credit Agreement (Phreesia, Inc.)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, and engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Revolving Lender”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Revolving Lender or as one of the Majority Required Lenders, respectively.
Appears in 1 contract
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Loan Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any the Term Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Requisite Lender”, ” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender Lender, or as one of the Majority Requisite Lenders, respectively.
Appears in 1 contract
Samples: Loan and Security Agreement (Navidea Biopharmaceuticals, Inc.)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Loan Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Term Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Requisite Lender”, ” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender Lender, or as one of the Majority Requisite Lenders, respectively.
Appears in 1 contract
Samples: Loan and Security Agreement (Siga Technologies Inc)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Required Lender”, ” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Majority Required Lenders, respectively.
Appears in 1 contract
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Shares and stock equivalents Share Equivalents of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “"Lender”", “Majority "Required Lender”, " and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the include Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Majority Required Lenders, respectively.
Appears in 1 contract
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock and stock equivalents of, engage in any kind of business with, any Obligor Borrower or any other Loan Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, ,” and “Majority Required Lender”, ,” and any similar terms shall, except where otherwise expressly provided in any Loan Document, includeincluding, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Majority Required Lenders, respectively.
Appears in 1 contract
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Lender”, “ Majority Lenders”, “Required Lenders” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Lender or as one of the Majority Lenders or Required Lenders, respectively.
Appears in 1 contract
Samples: Credit Agreement (Ute Energy Upstream Holdings LLC)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock and stock equivalents Stock of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Revolving Lender”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the include Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Revolving Lender or as one of the Majority Required Lenders, respectively.
Appears in 1 contract
Agent Individually. The Administrative Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Loan Party or Affiliate thereof as though it were not acting as the an Agent and may receive separate fees and other payments therefor. To the extent the Administrative Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, ” and “Majority Required Lender”, ” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the either Administrative Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Majority Required Lenders, respectively.
Appears in 1 contract
Samples: Second Lien Credit Agreement (Clearlake Capital Partners, LLC)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Required Lender”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Majority Required Lenders, respectively.
Appears in 1 contract
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor the Borrower or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Required Lender”, ” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Majority Required Lenders, respectively.
Appears in 1 contract
Samples: Credit Agreement (Amerco /Nv/)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “"Lender”", “Majority "Lender”", "Required Lender" and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Lender or as one of the Majority Required Lenders, respectively.
Appears in 1 contract
Samples: Credit Agreement (Banctec Inc)
Agent Individually. The Administrative Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Loan Party or Affiliate thereof as though it were not acting as the Administrative Agent and may receive separate fees and other payments therefor. To the extent the Administrative Agent or any of its their Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Required Lender”, ” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Administrative Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Majority Required Lenders, respectively.
Appears in 1 contract
Samples: Term Loan Agreement (Bombay Co Inc)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock and stock equivalents Equity Interests of, engage in any kind of business with, any Obligor Loan Party or Affiliate thereof as though it were not acting as the Agent Agent, and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any portion of the Revolving Loans or Term Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, ” and “Majority Required Lender”, ” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the include Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Majority Required Lenders, respectively.
Appears in 1 contract
Agent Individually. The Administrative Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Loan Party or Affiliate thereof as though it were not acting as the an Agent and may receive separate fees and other payments therefor. To the extent the Administrative Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “"Lender”, “Majority " and "Required Lender”, " and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the either Administrative Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Majority Required Lenders, respectively.
Appears in 1 contract
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock and stock equivalents Stock of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Revolving Lender”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Revolving Lender or as one of the Majority Lenders, Required Lenders respectively.
Appears in 1 contract
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Loan Party or Affiliate thereof as though it were not acting as the an Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “"Lender”, “Majority " and "Required Lender”, " and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, include the Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Majority Required Lenders, respectively.
Appears in 1 contract
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Revolving Lender”, “Required Lender”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the include Agent or such Affiliate, as the case may be, in its individual capacity as Lender Revolving Lender or as one of the Majority Required Lenders, respectively.
Appears in 1 contract
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, to acquire stock and stock equivalents of, engage in any kind of business with, any Obligor or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Lender”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Majority Lenders, respectively.
Appears in 1 contract
Samples: Credit Agreement (Nevro Corp)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Lender”, ” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender Lender, or as one of the Majority Lenders, respectively.
Appears in 1 contract
Samples: Senior Secured Debtor in Possession Credit Agreement
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock and stock equivalents Equity Interests of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Revolving Lender”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Revolving Lender or as one of the Majority Required Lenders, respectively.
Appears in 1 contract
Samples: Credit Agreement (Unisys Corp)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Loan Party or any Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan Term Loans or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “"Lender”", “Majority "Requisite Lender”, " and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender Lender, or as one of the Majority Requisite Lenders, respectively.
Appears in 1 contract
Samples: Loan and Security Agreement (Cas Medical Systems Inc)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire capital stock and stock equivalents of, engage in any kind of business with, the Company, the Transferor, the Servicer, the Manager or any Obligor or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, ” and “Majority Required Lender”, ” and any similar terms shall, except where otherwise expressly provided in any Loan Transaction Document, include, without limitation, include the Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Majority Required Lenders, respectively.
Appears in 1 contract
Samples: Loan and Security Agreement (Iconix Brand Group, Inc.)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, ,” “Majority Required Lender”, ” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the include Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Majority Required Lenders, respectively.
Appears in 1 contract
Samples: Credit Agreement (Landec Corp \Ca\)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Revolving Loan Lender”, “Required Lender”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the include Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Revolving Loan Lender or as one of the Majority Required Lenders, respectively.
Appears in 1 contract
Samples: Loan Agreement (Lightstone Value Plus Real Estate Investment Trust III, Inc.)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock and stock equivalents equity interests of, or engage in any kind of business withwith Borrower, any Obligor of its Subsidiaries or any Affiliate thereof of Borrower or its Subsidiary as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Lender”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Majority Lenders, respectively.
Appears in 1 contract
Samples: Loan and Security Agreement (Mammoth Energy Services, Inc.)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Required Lender”, ” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Majority Lenders, Required Lenders respectively.
Appears in 1 contract
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire stock Stock and stock equivalents Stock Equivalents of, engage in any kind of business with, any Obligor Credit Party or Affiliate thereof as though it were not acting as the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Majority Revolving Lender”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, the include Agent or such Affiliate, as the case may beapplicable, in its individual capacity as Lender, Revolving Lender or as one of the Majority Required Lenders, respectively.
Appears in 1 contract
