Agent Individually. With respect to its Pro Rata Share of the Commitments hereunder and the Loans made by it, Agent shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities as and to the extent set forth herein for any other Lender. The terms "Lenders", "Requisite Lenders" or any similar terms may include Agent in its individual capacity as a Lender or one of the Requisite Lenders. Agent and any Lender and its Affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with Borrower or any of its Affiliates as if it were not acting as Agent or Lender pursuant hereto.
Appears in 5 contracts
Samples: Credit Agreement (CPG Partners Lp), Credit Agreement (Chelsea Property Group Inc), Credit Agreement (Chelsea Gca Realty Inc)
Agent Individually. With respect to its Pro Rata Share of the Commitments Total Commitment hereunder and the Loans made by it, the Agent shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities as and to the extent set forth herein for any other LenderLender or maker of a Loan. The terms "Lenders" or ", "Requisite Required Lenders" or any similar terms may shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity as a Lender or one of the Requisite Required Lenders. The Agent and any Lender and its Affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with any Borrower or any of its Affiliates as if it were not acting as the Agent or Lender pursuant heretohereto without any duty to account to the other Lenders.
Appears in 4 contracts
Samples: Financing Agreement (Gerber Scientific Inc), Financing Agreement (North Atlantic Trading Co Inc), Financing Agreement (Lakes Entertainment Inc)
Agent Individually. With respect to its Pro Rata Share of the Commitments Total Commitment hereunder and the Loans made by it, the Agent shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities as and to the extent set forth herein for any other LenderLender or maker of a Loan. The terms "“Lenders", "Requisite ” or “Required Lenders" ” or any similar terms may shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity as a Lender or one of the Requisite Required Lenders. The Agent and any Lender and its Affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with any Borrower or any of its Affiliates as if it were not acting as the Agent or Lender pursuant heretohereto without any duty to account to the other Lenders.
Appears in 3 contracts
Samples: Financing Agreement (ITHAX Acquisition Corp.), Financing Agreement (Ahl Services Inc), Bridge Term Loan Agreement (Cenuco Inc)
Agent Individually. With respect to its Pro Rata Share of the Commitments Obligations hereunder and the Loans made by it, Agent shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities as and to the extent set forth herein for any other Lender. The terms "Lenders", "Requisite Lenders" or any similar terms may include Agent in its individual capacity as a Lender or one of the Requisite Lenders. Agent and any Lender and its Affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with Borrower or any of its Affiliates as if it were not acting as Agent or Lender pursuant hereto.
Appears in 2 contracts
Samples: Term Loan Agreement (Chelsea Gca Realty Inc), Term Loan Agreement (Chelsea Gca Realty Partnership Lp)
Agent Individually. With respect to its Pro Rata Share of obligations under the Commitments hereunder and Commitments, the Loans made by it, and the Notes issued to it, the Agent shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities as and to the extent set forth herein for any other Lender. The terms "Lenders", " or "Requisite Lenders" or any similar terms may shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity as a Lender or one of the Requisite Lenders. The Agent and any Lender and its Affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with Borrower or with, any of its Affiliates Loan Party as if it were not acting as Agent or Lender pursuant hereto.
Appears in 2 contracts
Samples: Credit Agreement (O2wireless Solutions Inc), Credit Agreement (O2wireless Solutions Inc)
Agent Individually. With respect to its Pro Rata Share of the Commitments Total Commitment hereunder and the Loans made by it, the Agent shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities as and to the extent set forth herein for any other LenderLender or maker of a Loan. The terms "Lenders" or ", "Requisite Required Lenders" or any similar terms may shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity as a Lender or one of the Requisite Required Lenders. The Agent and any Lender and its Affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with Borrower or any of its Affiliates Loan Party as if it were not acting as the Agent or Lender pursuant heretohereto without any duty to account to the other Lenders.
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Agent Individually. With respect to its Pro Rata Share pro rata share of the Revolving Commitments hereunder and the Revolving Loans made by it, the Agent shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities as and to the extent set forth herein for any other Lender. The terms "“Lenders", "Requisite ” or “Required Lenders" ” or any similar terms may shall include the Agent in its individual capacity as a Lender or one of the Requisite Required Lenders. The Agent and any Lender and its Affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with the Borrower or any of its Affiliates as if it were not acting as Agent or Lender pursuant hereto.
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Agent Individually. With respect to its Pro Rata Share of the Commitments hereunder and the Loans made by it, Agent shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities as and to the extent set forth herein for any other Lender. The terms "Lenders", "Requisite Lenders" ", or any similar terms may include Agent in its individual capacity as a Lender Lender, or one of the Requisite LendersLenders but Requisite Lenders shall not include Agent solely in its capacity as Agent. Agent and any Lender and its Affiliates may accept deposits from, lend money to, to and generally engage in any kind of banking, trust or other business with Borrower or any of its Subsidiaries or Affiliates as if it were not acting as Agent or Lender pursuant hereto.
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Agent Individually. With respect to its Pro Rata Share of the Commitments hereunder and the Loans made by itLoans, Agent shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities as and to the extent set forth herein for any other Lender. The terms "Lenders", "Requisite Lenders" or any similar terms may include Agent in its individual capacity as a Lender or one of the Requisite Lenders. Agent and any Lender and its Affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with Borrower or any of its Affiliates as if it were not acting as Agent or Lender pursuant hereto.
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Agent Individually. With respect to its Pro Rata Share of the Commitments hereunder and the Commitment, any Revolver Loans made by it, and any Notes issued to it, Agent shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities Liabilities as and to the extent set forth herein for any other Lender. The terms "Lenders", " or "Requisite Lenders" or any similar terms may shall, unless the context clearly otherwise indicates, include Agent in its individual capacity as a Lender or one of the Requisite Lenders. Agent and any Lender and its Affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with Borrower or any of its Affiliates Borrowers as if it were not acting as Agent or Lender pursuant hereto.
Appears in 1 contract
Samples: Loan and Security Agreement (Jan Bell Marketing Inc)
Agent Individually. With respect to its Pro Rata Share PRO RATA share of the Commitments hereunder and the Loans made by it, Agent shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities as and to the extent set forth herein for any other Lender. The terms "Lenders" or ", "Requisite Required Lenders" or any similar terms may shall include Agent in its individual capacity as a Lender or one of the Requisite Required Lenders. Agent and any Lender and its Affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with any Borrower or any of its Affiliates as if it were not acting as Agent or Lender pursuant hereto.
Appears in 1 contract
Samples: Credit Agreement (Continental Waste Industries Inc)
Agent Individually. With respect to its Pro Rata Share of the Commitments Total Commitment hereunder and the Loans Loan made by it, the Agent shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities as and to the extent set forth herein for any other LenderLender or maker of a Loan. The terms "Lenders" or ", "Requisite Required Lenders" or any similar terms may shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity as a Lender or one of the Requisite Required Lenders. The Agent and any Lender and its Affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with any Borrower or any of its Affiliates as if it were not acting as the Agent or Lender pursuant heretohereto without any duty to account to the other Lenders.
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Agent Individually. With respect to its Pro Rata Share of the Commitments Total Commitment hereunder and the Loans made by it, the Agent shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities as and to the extent set forth herein for any other LenderLender or maker of a Loan. The terms "Lenders" or ", "Requisite Required Lenders" or any similar terms may shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity as a Lender or one of the Requisite Required Lenders. The Agent and any Lender and its Affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with the Borrower or any of its Affiliates as if it were not acting as the Agent or Lender pursuant heretohereto without any duty to account to the other Lenders.
Appears in 1 contract
Samples: Credit Agreement (Deep Down, Inc.)
Agent Individually. With respect to its Pro Rata Share of the Commitments Total Commitment hereunder and the Loans Loan made by it, the Agent shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities as and to the extent set forth herein for any other LenderLender or maker of the Loan. The terms "“Lenders", "Requisite ” or “Required Lenders" ” or any similar terms may shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity as a Lender or one of the Requisite Required Lenders. The Agent and any Lender and its Affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with the Borrower or any of its Affiliates as if it were not acting as the Agent or Lender pursuant heretohereto without any duty to account to the other Lenders.
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