Common use of Agent Individually Clause in Contracts

Agent Individually. 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 Dealer or Affiliate thereof as though it were not acting as Agent and may receive separate fees and other payments therefor. To the extent 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 term “Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender.

Appears in 5 contracts

Samples: Inventory Financing Agreement (OneWater Marine Inc.), Inventory Financing Agreement (OneWater Marine Inc.), Inventory Financing Agreement (OneWater Marine Inc.)

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Agent Individually. 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 Dealer or Affiliate thereof as though it were not acting as Agent and may receive separate fees and other payments therefor. To the extent 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 term “Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender.

Appears in 5 contracts

Samples: Loan and Security Agreement (Marinemax Inc), Loan and Security Agreement (Marinemax Inc), Inventory Financing Agreement (Marinemax Inc)

Agent Individually. 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 Dealer Credit Party or Affiliate thereof as though it were not acting as Agent and may receive separate fees and other payments therefor. To the extent 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 term terms Lender”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as LenderLender or as one of the Required Lenders.

Appears in 4 contracts

Samples: Subordination and Intercreditor Agreement (Volta Inc.), Term Loan, Guarantee and Security Agreement (Volta Inc.), Guarantee and Security Agreement (EVmo, Inc.)

Agent Individually. 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 Dealer Credit Party or Affiliate thereof as though it were not acting as Agent and may receive separate fees and other payments therefor. To the extent 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 term terms “Lender”, “Required Lender”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, include Agent or such Affiliate, as the case may be, in its individual capacity as Lender, or one of the Required Lenders, respectively.

Appears in 3 contracts

Samples: Credit Agreement (Rimini Street, Inc.), Credit Agreement (Rimini Street, Inc.), Credit Agreement (Rimini Street, Inc.)

Agent Individually. 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 Dealer Loan Party or Affiliate thereof as though it were not acting as Agent and may receive separate fees and other payments therefor. To the extent 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 term “Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender.

Appears in 3 contracts

Samples: Loan and Security Agreement (iLearningEngines, Inc.), Loan and Security Agreement (Cue Health Inc.), Loan and Security Agreement (Cue Health Inc.)

Agent Individually. 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 Dealer Credit Party or Affiliate thereof as though it were not acting as Agent and may receive separate fees and other payments therefor. To the extent 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 term terms Lender”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender.Lender or as one of the Required Lenders. 9.7

Appears in 2 contracts

Samples: Loan Agreement (Volta Inc.), Loan Agreement (Volta Inc.)

Agent Individually. 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 Dealer Credit Party or Affiliate thereof as though it were not acting as Agent and may receive separate fees and other payments therefor. To the extent 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 term terms Lender”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender.Lender or as one of the Required Lenders. ​

Appears in 1 contract

Samples: And Security Agreement (Williams Industrial Services Group Inc.)

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Agent Individually. 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 Dealer Loan Party or Affiliate thereof as though it were not acting as Agent and may receive separate fees and other payments therefor. To the extent 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 term “Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender.. 13.7

Appears in 1 contract

Samples: Loan and Security Agreement (Cue Health Inc.)

Agent Individually. 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, Borrower or any Dealer Guarantor or Affiliate thereof as though it were not acting as Agent and may receive separate fees and other payments therefor. To the extent 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 term terms Lender”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as LenderLender or as one of the Required Lenders.

Appears in 1 contract

Samples: Credit Agreement (Platinum Energy Solutions, Inc.)

Agent Individually. 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 Dealer Borrower or Affiliate its Affiliates thereof as though it were not acting as an Agent and may receive separate fees and other payments therefor. To the extent 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 term terms “Lender”, “Required Lender”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender, or as one of the Required Lenders, respectively.

Appears in 1 contract

Samples: Assignment and Intercreditor Agreement (Sterling Construction Co Inc)

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