Common use of Agents Entitled to Act as Lender Clause in Contracts

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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, or other business with Global Parent, Lead Borrower or any of their respective Affiliates as if it were not performing the duties specified herein and may accept fees and other consideration from any Loan Party for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 6 contracts

Samples: Credit Agreement (B. Riley Financial, Inc.), Abl Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (Franchise Group, Inc.)

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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 uponon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the LoansLoans and the Letters of Credit, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 4 contracts

Samples: Credit Agreement (Regal Entertainment Group), Credit Agreement (Regal Entertainment Group), Credit Agreement (Regal Entertainment Group)

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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the LoansLoans (if any), each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each any such Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower any Credit Party or any of their respective Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party the Borrower for services in connection herewith and otherwise without having to account for the same to the Lenders.

Appears in 4 contracts

Samples: Credit Agreement (Blue Owl Technology Finance Corp.), Credit Agreement and Margining Agreement (Blue Owl Technology Income Corp.), Credit Agreement (Owl Rock Technology Income 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Term Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Parent Borrower or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Parent Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 3 contracts

Samples: Credit Agreement (AMC Networks Inc.), Credit and Guaranty Agreement (RLJ Entertainment, Inc.), Credit and Guaranty Agreement (RLJ Entertainment, 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Term Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 3 contracts

Samples: Restructuring Agreement (Ener1 Inc), Credit and Guaranty Agreement (Exopack Holding Corp), Credit and Guaranty Agreement (Exopack Holding 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the LoansLoans and the Letters of Credit, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower or any of their respective Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 3 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)

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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the LoansLoans and the Letters of Credit, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower the Credit Parties or any of their respective Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Company for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Covanta Holding Corp), Credit and Guaranty Agreement (Covanta Holding Corp), Credit Agreement (Covanta Holding 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the LoansLoans and the Letters of Credit, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower Parent or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Borrowers for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (General Growth Properties, Inc.), Credit and Guaranty Agreement (General Growth Properties, Inc.), Credit and Guaranty Agreement (New GGP, 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, or other business with Global Parent, Lead Borrower Parent or any of their respective its Affiliates as if it were not performing the duties specified herein and may accept fees and other consideration from any Loan Party Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Liberty Tax, Inc.), Credit Agreement (Liberty Tax, 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead any Borrower or any of their respective Affiliates Party as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Borrower Party for services in connection herewith and otherwise without having to account for the same to the Lenders.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Fly Leasing LTD), Term Loan Credit Agreement (Fly Leasing 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower Group Members or any of their respective Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Group Member for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Mills Limited Partnership), Credit and Guaranty Agreement (Mills 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead the Borrower or the Servicer or any of their respective Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party the Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 2 contracts

Samples: Fifth Amended and Restated Credit Agreement (CURO Group Holdings Corp.), Credit Agreement (CURO Group Holdings 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower Holdings or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Borrowers for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 2 contracts

Samples: First Lien Credit and Guaranty Agreement (Vonage Holdings Corp), Second Lien Credit and Guaranty Agreement (Vonage Holdings 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term "Lender" shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 2 contracts

Samples: Term Loan and Security Agreement (DXP Enterprises Inc), Credit and Guaranty Agreement (3com 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower U.S. Holdings or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 2 contracts

Samples: Second Lien Credit and Guaranty Agreement (Arizona Chemical Ltd.), Second Lien Credit and Guaranty Agreement (Arizona Chemical 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead the Borrower or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Parent and the Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 2 contracts

Samples: Amended and Restated Senior Secured Term Loan Facility Agreement (Ocwen Financial Corp), Senior Secured Term Loan Facility Agreement (Ocwen Financial 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower the Parent or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from the Borrower, the Parent or any Loan Party of its Affiliates for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 2 contracts

Samples: Margin Loan Agreement (Sunedison, Inc.), Credit Agreement (Crosstex Energy 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the LoansTerm Loan, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower Holdings or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Waitr Holdings Inc.), Credit and Guaranty Agreement (Waitr 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term "Lender" shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Borrower for services in connection herewith and otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (3com 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower Holdings or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Credit Party for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Handleman Co /Mi/)

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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower any Credit Party or any of their respective Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Borrower, other Credit Parties and their respective Affiliates for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Och-Ziff Capital Management Group LLC)

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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term "Lender" shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, lending, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower Holdings or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Stanadyne 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Term Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower Intermediate Holdings or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party a Company for services in connection 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower Holdings or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Holdings and its Subsidiaries for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Primo Water 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, or other business with Global Parent, Lead Borrower Borrower, or any of their respective Affiliates as if it were not performing the duties specified herein and may accept fees and other consideration from any Loan Party Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit Agreement (Orbital 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term "Lender" shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead any Borrower or any of their respective Affiliates Party as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Borrower Party for services in connection herewith and otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Fly Leasing 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the LoansLoan, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower any Loan Party or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party the Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Ff&e Loan Agreement (Caesars Acquisition Co)

Agents Entitled to Act as Lender. The To the extent from time to time applicable, 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, any either Agent in its individual capacity as a Lender hereunder. With respect to its participation in the LoansIn such capacity as Lender, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, hereunder and the term “Lender” shall, to the extent applicable, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Each Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower any Credit Party or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept normal and customary fees and other consideration from any Loan Credit Party for services in connection herewith and otherwise without having to account for the same to Lendersherewith.

Appears in 1 contract

Samples: Credit Agreement (Tellurian 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower Company or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party the Credit Parties for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Debtor in Possession Credit and Guaranty Agreement (Syntax-Brillian Corp)

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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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the LoansLoans and the Letters of Credit, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower Holdings or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Credit Party for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Proliance 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Borrower or Molycorp for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit Agreement (Molycorp, 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower Holdings or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party the Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Solera 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead the Borrower or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Bridge Credit and Guaranty Agreement (Leonardo DRS, 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Borrower for services in connection herewith therewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Loan Agreement (Cablevision Holding S.A.)

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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term "Lender" shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower Holdings or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (AbitibiBowater 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the LoansLetters of Credit, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower Holdings or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Letter of Credit Facility 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the LoansLetters of Credit, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower Holdings or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Account Party for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Letter of Credit Facility 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Term Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower Holdings or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Griffon 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Term Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Borrower for services in connection herewith and otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Senior Secured Super Priority Debtor in Possession Credit and Guaranty Agreement (California Coastal Communities 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower Parent or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Kraton Performance Polymers, 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower the Company or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Company for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Granite Broadcasting 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower Holdings or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party the Companies for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (OneWater Marine 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower the Borrowers or any of their respective Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Borrowers for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Debtor in Possession Financing Agreement (Granite Broadcasting 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, any Agent in its individual capacity as a Lender hereunder. With respect to its any participation by it in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Borrower the Company or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party the Borrowers for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Castle a M & 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Term Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parent, Lead Parent Borrower or any of their respective its Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party Parent Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (RLJ Entertainment, 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, or other business with Global Parent, Lead Borrower or any of their respective its Affiliates as if it were not performing the duties specified herein and may accept fees and other consideration from any Loan Party Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Second Lien Credit Agreement (Great Lakes Dredge & Dock 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, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent or and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory, advisory or other business with Global Parentthe Borrower, Lead Borrower the Guarantors or any of their respective Affiliates as if it were not performing the duties specified herein herein, and may accept fees and other consideration from any Loan Party the Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit Agreement (Tropicana Entertainment Inc.)

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