Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 37 contracts
Samples: Credit Agreement (Ameriprise Financial Inc), Credit Agreement (Ameriprise Financial Inc), Credit Agreement (Ruths Hospitality Group, Inc.)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 21 contracts
Samples: Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.), Credit and Guaranty Agreement (Valeant Pharmaceuticals International, Inc.)
Agents Entitled to Act as Lender. The Any agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditRevolving Loans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 19 contracts
Samples: Credit Agreement (Enova International, Inc.), Credit Agreement (Enova International, Inc.), Credit Agreement (Enova International, Inc.)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 18 contracts
Samples: Term Loan and Security Agreement (DXP Enterprises Inc), Term Loan and Security Agreement (DXP Enterprises Inc), Term Loan and Security Agreement (DXP Enterprises Inc)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 13 contracts
Samples: Financing Agreement (Model N, Inc.), Credit and Guaranty Agreement (Speed Commerce, Inc.), Credit and Guaranty Agreement (Speed Commerce, Inc.)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 13 contracts
Samples: Credit and Guaranty Agreement (GPB Holdings II, LP), Credit and Guaranty Agreement (TerraForm Power, Inc.), Credit and Guaranty Agreement (Tronox LTD)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company the Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company the Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 11 contracts
Samples: Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp), Revolving Credit Agreement (Las Vegas Sands Corp)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 11 contracts
Samples: Credit and Guaranty Agreement (Del Frisco's Restaurant Group, LLC), Credit Agreement (Douglas Dynamics, Inc), Credit Agreement (Douglas Dynamics, Inc)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrowers for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 10 contracts
Samples: Amendment Agreement (Education Management Corporation), First Lien Credit and Guaranty Agreement (Solera Holdings, Inc), Credit Agreement (Education Management Corporation)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 9 contracts
Samples: Term Loan and Guaranty Agreement (TerraForm Power, Inc.), Credit and Guaranty Agreement (TerraForm Power, Inc.), Credit and Guaranty Agreement (Terraform Global, Inc.)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings, Borrower or any of its their Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company the Loan Parties and their Subsidiaries for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 8 contracts
Samples: Term Loan Credit Agreement (Airspan Networks Holdings Inc.), Credit Agreement (Airspan Networks Holdings Inc.), Credit Agreement (Airspan Networks Holdings Inc.)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company the Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company the Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 8 contracts
Samples: Credit Agreement (Keypath Education International, Inc.), Credit and Guaranty Agreement (TiVo Corp), Term Loan Agreement (Pioneer Energy Services Corp)
Agents Entitled to Act as Lender. The Any agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 8 contracts
Samples: Credit Agreement (On Deck Capital, Inc.), Credit Agreement (On Deck Capital, Inc.), Credit Agreement (On Deck Capital, Inc.)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each such Agent in its individual capacity. An Each Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company and/or its Subsidiaries for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 8 contracts
Samples: Credit Agreement (Account Portfolios Gp Inc), Credit Agreement (Gulf State Credit LLP), Credit Agreement (Outsourcing Solutions Inc)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” or “Lenders” or any similar term " shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 8 contracts
Samples: Credit and Guaranty Agreement (Medical Device Manufacturing, Inc.), Credit and Guaranty Agreement (Berry Plastics Corp), Credit and Guaranty Agreement (MAAX Holding Co.)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 7 contracts
Samples: Credit Agreement (Oxford Health Plans Inc), Credit Agreement (Oxford Health Plans Inc), Credit Agreement (Itron Inc /Wa/)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 6 contracts
Samples: Credit and Guaranty Agreement (Entravision Communications Corp), Senior Secured Revolving Credit and Guaranty Agreement (Dura Automotive Systems Inc), First Lien Credit and Guaranty Agreement (X Rite Inc)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 6 contracts
Samples: Credit and Guaranty Agreement (Madison Square Garden Co), Credit and Guaranty Agreement (Mortons Restaurant Group Inc), Credit Agreement (Douglas Dynamics, Inc)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company the Borrowers or any of its their Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 6 contracts
Samples: Credit Agreement (Ferroglobe PLC), Loan Agreement (Hexcel Corp /De/), Credit Agreement (Hexcel Corp /De/)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit(if any), an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each any such Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company any Credit Party or any of its their respective Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company the Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 6 contracts
Samples: Credit Agreement (Kennedy Lewis Capital Co), Credit Agreement (Kennedy Lewis Capital Co), Credit Agreement (Apollo Debt Solutions BDC)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each such Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 6 contracts
Samples: Credit Agreement (Wavetek U S Inc), Credit Agreement (Horseshoe Gaming Holding Corp), Credit Agreement (Autotote Corp)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Borrower’s Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 6 contracts
Samples: Revolving Credit Agreement (Cheniere Energy, Inc.), Revolving Credit Agreement (Cheniere Energy, Inc.), Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” or “Lenders” or any similar term " shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 5 contracts
Samples: Financing Agreement (Global Geophysical Services Inc), Credit and Guaranty Agreement (Sanmina-Sci Corp), Senior Subordinated Credit and Guaranty Agreement (Bill Barrett Corp)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, hereunder and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Each Agent and each of its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company any Borrower or any Affiliate of its Affiliates any Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from Company any Borrower for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 4 contracts
Samples: Credit Agreement (Owens-Illinois Group Inc), Credit Agreement (Owens Illinois Group Inc), Secured Credit Agreement (Owens Illinois Group Inc)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company the Credit Parties or any of its their Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrowers for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Pattern Energy Group Inc.), Credit and Guaranty Agreement (Pattern Energy Group Inc.), Credit and Guaranty Agreement (Pattern Energy Group Inc.)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 4 contracts
Samples: Credit Agreement (IntraLinks Holdings, Inc.), Second Lien Credit Agreement (SafeNet Holding Corp), Second Lien Credit Agreement (IntraLinks Holdings, Inc.)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 3 contracts
Samples: Credit Agreement, Credit Agreement, Credit Agreement (Read Rite Corp /De/)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own Securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.), Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.), Credit and Guaranty Agreement (Meridian Waste Solutions, Inc.)
Agents Entitled to Act as Lender. The agency agencies hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the or Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or the “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacitycapacity as a Lender. An Each Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company any member of the Borrower Group or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company the members of the Borrower Group for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Switch & Data, Inc.), Credit Agreement (Switch & Data Facilities Company, Inc.)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” or “Lenders” or any similar term " shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Amscan Holdings Inc), Credit and Guaranty Agreement (Amscan Holdings Inc)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent each Agent, in its individual capacity, shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” or “Lenders” or any similar term " shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent Any Agent, in its individual capacity, and its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company either Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company either Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Equinix Inc), Credit and Guaranty Agreement (Equinix Inc)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with the Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Bluestem Brands, Inc.), Credit and Guaranty Agreement (Sanmina-Sci Corp)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrower for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Unified Grocers, Inc.), Credit Agreement (Unified Grocers, Inc.)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and Loans, the Letters of CreditCredit and the Bank Guarantees, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Parent or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Nord Anglia Education, Inc.), Credit and Guaranty Agreement (Nord Anglia Education, Inc.)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Easton-Bell Sports, Inc.), Credit and Guaranty Agreement (Day International Group Inc)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans Loans, the Acceptances and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Each Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company and its Subsidiaries for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Safeway Inc), Credit Agreement (Safeway Inc)
Agents Entitled to Act as Lender. The agency hereby created Nothing herein or in any other Credit Document shall in no any way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company the Borrower or any of its Subsidiaries or Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company the Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 2 contracts
Samples: Credit and Guarantee Agreement (Telx Group, Inc.), Credit and Guarantee Agreement (Telx Group, Inc.)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings, the Borrower, the Affiliated Guarantors or any of its their Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company the Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 2 contracts
Samples: Senior Secured Debtor in Possession Credit Agreement (JMBS Casino LLC), Senior Secured Superpriority Debtor in Possession Credit Agreement
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, hereunder and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Each Agent and each of its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company any Borrower or any Affiliate of its Affiliates any Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from Company any Borrower for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 2 contracts
Samples: Secured Credit Agreement (Oi Levis Park STS Inc), Secured Credit Agreement (Owens Illinois Inc /De/)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity capacity, if any, as a Lender hereunder. With respect to its participation participation, if any, in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (SolarWinds, Inc.), Credit and Guaranty Agreement (SolarWinds, Inc.)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditFirst Priority Term Loans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” or “Lenders” or any similar term " shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company the Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company the Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to the Lenders.
Appears in 2 contracts
Samples: Credit and Guarantee Agreement (Calpine Corp), Credit and Guarantee Agreement (Delta Energy Center, LLC)
Agents Entitled to Act as Lender. The agency agencies hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditTerm Loan, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “Term Loan Lender” or the “Term Loan Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacitycapacity as a Lender. An Each Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company any member of the Borrower Group or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company the members of the Borrower Group for services in connection with this Agreement and otherwise without having to account for the same to the Term Loan Lenders.
Appears in 1 contract
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditTerm Loans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” or “Lenders” or any similar term " shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits 110 from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with the Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Samples: Credit Agreement (Calpine Corp)
Agents Entitled to Act as Lender. The agency agencies hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the agency duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each such Agent in its individual capacitycapacity as Lender. An Each Agent and its Affiliates and Related Funds may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, herein and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Samples: Credit Agreement (Arterial Vascular Engineering Inc)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditTerm Loans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” or “Lenders” or any similar term " shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with the Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Tesoro Petroleum Co Inc)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Synthetic Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Samples: Senior Secured Debtor in Possession Term Loan and Guaranty Agreement (Dura Automotive Systems Inc)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent Agents in its their individual capacity as a Lender hereunder. With respect to its their participation in the Loans and the Letters of Credit, an Agent Agents shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include Agents, in each Agent case in its individual capacity. An Agent Agents and its each of their respective Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company any Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company any Borrower for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Samples: Multicurrency Credit Agreement (Goss Graphic Systems Inc)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or ”, “Lenders” Requisite Lender”, or any similar term terms shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment bankinglending, trust, financial advisory or other business with Company the Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company the Borrower or any of its Subsidiaries for services in connection with this Agreement herewith and otherwise without having to account for the same to the Lenders.
Appears in 1 contract
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with the Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Company for services in connection with this Agreement herewith and otherwise without having to account for the same to the Lenders.
Appears in 1 contract
Samples: Senior Credit and Guaranty Agreement (Pogo Producing Co)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company such Loan Party or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company any Loan Party for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not 106 performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Samples: Credit Agreement (PRA International)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.. Table of Contents
Appears in 1 contract
Samples: Credit Agreement (Urs Corp /New/)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not 119 performing the duties specified herein, and may accept fees and other consideration from Company either Credit Agreement Party and its Subsidiaries for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Samples: Credit Agreement (Ethyl Corp)
Agents Entitled to Act as Lender. The agency agencies hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the or Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “the Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacitycapacity as a Lender. An Each Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company any Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company any Borrower for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.
Appears in 1 contract
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company any Borrower for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Samples: Debtor in Possession Credit Agreement (Covanta Energy Corp)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company and each other Subsidiary of Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each such Agent in its individual capacity. An Each Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company and/or its Subsidiaries for services in connection with this Agreement and otherwise without having to account for the same to Lenders.. 133
Appears in 1 contract
Samples: Credit Agreement (Aurora Foods Inc)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditTerm Loans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Day International Group Inc)
Agents Entitled to Act as Lender. The agency hereby created shall -------------------------------- in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each such Agent in its individual capacity. An Each Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company and/or its Subsidiaries for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Company for services in 101 connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Agents Entitled to Act as Lender. The Any agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditRevolving Loans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” or “Lenders” or any similar term " shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Ipc Acquisition Corp)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with the Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Parent or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company any Loan Party for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Samples: Amendment Agreement (Brand Energy & Infrastructure Services, Inc)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, hereunder and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Each Agent and each of its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any Affiliate of its Affiliates Company as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditTerm Loans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with any Holding Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from a Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Newtek Business Services Corp.)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditTerm Loans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” or “Lenders” or any similar term " shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with the Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Company for services in connection with this Agreement herewith and otherwise without having to account for the same to the Lenders.
Appears in 1 contract
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent or Arranger in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent and Arranger shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent Any Agent, Arranger and its their respective Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditTerm Loans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Holdings, Company or any of its their respective Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an either Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent Loans. Agents shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent Agents in its their individual capacity. An Either Agent and its respective Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Borrowers or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrowers for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Agents Entitled to Act as Lender. The Any agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditRevolving Loans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with the Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Parent or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company any Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” or “Lenders” or any similar term " shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with the Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Company for services in connection with this Agreement herewith and otherwise without having to account for the same to the Lenders. No Agent shall be subject to any fiduciary or other implied duties regardless of whether a Default has occurred and is continuing.
Appears in 1 contract
Samples: Financing Agreement (Global Geophysical Services Inc)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Borrowers or any of its their Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrowers for services in connection with this Agreement and otherwise without having to account for the same to Lenders.. 118
Appears in 1 contract
Samples: Senior Secured Credit Agreement (Amf Bowling Worldwide Inc)
Agents Entitled to Act as Lender. The Any agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditTerm Loans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Parent or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Samples: Credit Agreement (Healing Co Inc.)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its their respective Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (AvidXchange Holdings, Inc.)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit and Hedge Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Belden & Blake Corp /Oh/)
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an either Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, hereunder and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Each Agent and each of its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any Affiliate of its Affiliates Company as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” or “Lenders” or any similar term " shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates Affiliates, including making an equity investment in Company or any of its Affiliates, in any case, as if it such Agent were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.
Appears in 1 contract