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

Agents Entitled to Act as Lenders. 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, either Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, such 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. Each Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of 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 any Borrower 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 (Amphenol Corp /De/), Credit Agreement (NXS I LLC), Credit Agreement (Amphenol Corp /De/)

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Agents Entitled to Act as Lenders. 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, either any Agent in its individual capacity as a Lender hereunder. With respect to its participation participations in the Loans and the Letters of CreditLoans, such 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. Each Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of 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 any Borrower Company 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 (Atlas Air Inc), Credit Agreement (Atlas Air Inc)

Agents Entitled to Act as Lenders. 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, either any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, such 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. Each Agent and its each of their respective Affiliates may accept deposits from, lend money to and generally engage in any kind of 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 any Borrower Company 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 (Borg Warner Security Corp), Credit Agreement (Borg Warner Security Corp)

Agents Entitled to Act as Lenders. 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, either any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, such 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. Each Agent and its their respective Affiliates may accept deposits from, lend money to and generally engage in any kind of 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 any Borrower Company 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 (Pantry Inc), Credit Agreement (Sandhills Inc)

Agents Entitled to Act as Lenders. 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, either Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, such 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. Each Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of 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 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: Credit Agreement (Boyds Collection LTD), Credit Agreement (Boyds Collection LTD)

Agents Entitled to Act as Lenders. 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, either an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, such 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. Each Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of 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 any Borrower Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Senior Subordinated Credit Agreement (Express Scripts Inc)

Agents Entitled to Act as Lenders. 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, either any Agent in its individual capacity as a Lender hereunderunder this Agreement. With respect to its participation in the Loans and the Loans, Letters of CreditCredit and Bankers' Acceptances, such each Agent shall have the same rights and powers hereunder under this Agreement 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. Each Agent and each of its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust, financial advisory or other business with Company Company, any Borrower or any of its Company's Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from any Borrower Company and Borrowers 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 (Homestake Mining Co /De/)

Agents Entitled to Act as Lenders. 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, either any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, such 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. Each Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of 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 any Borrower 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 (Afc Enterprises Inc)

Agents Entitled to Act as Lenders. 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, either any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Revolving Loans and the Letters of Credit, such 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. Each Any Agent and its Affiliates may accept deposits from, lend money to to, own Securities of, and generally engage in any kind of 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 any Borrower the Credit Parties 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 and Guaranty (Hospira Inc)

Agents Entitled to Act as Lenders. 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, either any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, such 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. Each Any Agent and its Affiliates may accept deposits from, lend money to to, own Securities of, and generally engage in any kind of 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 any Borrower the Credit Parties 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 (Hospira Inc)

Agents Entitled to Act as Lenders. 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, either an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, such 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 such Agent in its individual capacity. Each An Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of 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 any Borrower 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 (Amphenol Corp /De/)

Agents Entitled to Act as Lenders. 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, either Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, such 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 any institution then acting as Agent in its individual capacity. Each Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of bankinglending, trustfinance, 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 any Borrower the Borrowers for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Term Loan and Security Agreement (Grand Canal Shops Mall Construction LLC)

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Agents Entitled to Act as Lenders. 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, either an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, such 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 such Agent in its individual capacity. Each Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust, financial advisory or other business with Company any Obligor or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from any Borrower Obligor 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 (Beasley Broadcast Group Inc)

Agents Entitled to Act as Lenders. 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, either an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, such 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. Each Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust, financial advisory or other business with Company any 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 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: Credit and Guaranty Agreement (Lincoln Electric Holdings Inc)

Agents Entitled to Act as Lenders. 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, either an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, such 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. Each Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of 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 any Borrower 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 (Express Scripts Inc)

Agents Entitled to Act as Lenders. 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, either Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, such 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. Each Agent and its respective Affiliates may accept deposits from, lend money to and generally engage in any kind of 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 any Borrower Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Term Loan Agreement (Oxford Health Plans Inc)

Agents Entitled to Act as Lenders. 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, either any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, such each Agent shall each 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. Each Agent and its their Affiliates may accept deposits 128 from, lend money to and generally engage in any kind of banking, trust, financial advisory or other business with Company Holding or any Affiliate of its Affiliates Holding as if it were not performing the duties specified herein, and may accept fees and other consideration from Holding or any Borrower of its Subsidiaries for services in connection with this Agreement and otherwise without having to account for the same to Lenders, except as required by subsection 2.4.

Appears in 1 contract

Samples: Credit Agreement (Blue Bird Corp)

Agents Entitled to Act as Lenders. 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, either any Agent in its individual capacity as a Lender hereunderunder this Agreement. With respect to its participation in the Loans and the Loans, Letters of CreditCredit and Bankers' Acceptances, such each Agent shall have the same rights and powers hereunder under this Agreement 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. Each Agent and each of its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust, financial advisory or other business with Company Company, any Borrower or any of its Company's Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from any Borrower Company and Borrowers for services in connection with this Agreement and otherwise without having to account for the same to Lenders.. 150

Appears in 1 contract

Samples: Credit Agreement (Homestake Mining Co /De/)

Agents Entitled to Act as Lenders. 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, either an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, such 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 such Agent in its individual capacity. Each Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust, financial advisory or other business with Company any Obligor or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from any Borrower Obligor 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 (Beasley Broadcast Group Inc)

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