Common use of Agents in their Individual Capacities Clause in Contracts

Agents in their Individual Capacities. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, and any other Credit Party as though such Agent were not an Agent hereunder and under the other Credit Documents. With respect to the Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.

Appears in 32 contracts

Samples: Credit Agreement (Talen Energy Corp), Credit Agreement (Talen Energy Corp), Credit Agreement (Vistra Corp.)

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Agents in their Individual Capacities. Each Agent and its Affiliates respective affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, and any other Credit Party Borrowers as though such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the its Loans made by it and with respect to any Letter of Credit issued or participated in by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender Bank and may exercise the same as though it were not an Agent, and the terms “LenderBank” and “LendersBanks” shall include each the Administrative Agent in its individual capacity.

Appears in 11 contracts

Samples: Credit Agreement (Deere & Co), Credit Agreement (Deere John Capital Corp), Credit Agreement (Deere & Co)

Agents in their Individual Capacities. Each Agent of the Agents in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, Loan Parties and any other Credit Party their Affiliates as though such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans made by itits Loans, if any, pursuant to this Agreement, each Agent of the Agents shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent of the Agents in its their individual capacitycapacities.

Appears in 10 contracts

Samples: Credit and Security Agreement (International Paper Co /New/), Credit and Security Agreement (International Paper Co /New/), Credit and Security Agreement (Boston Scientific Corp)

Agents in their Individual Capacities. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Holdings, the Borrower, any other Guarantor, and any other Credit Party as though such Agent were not an Agent hereunder and under the other Credit Documents. With respect to the Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.

Appears in 10 contracts

Samples: Credit Agreement (Vistra Corp.), Credit Agreement (Vistra Corp.), Credit Agreement (Vistra Corp.)

Agents in their Individual Capacities. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Holdings, the Borrower, any Guarantor, and any other Credit Party as though such Agent were not an Agent hereunder and under the other Credit Documents. With respect to the Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.

Appears in 8 contracts

Samples: Credit Agreement (RBC Bearings INC), Credit Agreement (RBC Bearings INC), Credit Agreement (PRA Health Sciences, Inc.)

Agents in their Individual Capacities. Each Agent and its Affiliates respective affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, and any other Credit Party Borrowers as though such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the its Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender Bank and may exercise the same as though it were not an Agent, and the terms “LenderBank” and “LendersBanks” shall include each the Administrative Agent in its individual capacity.

Appears in 7 contracts

Samples: Credit Agreement (Deere John Capital Corp), Credit Agreement (Deere & Co), Credit Agreement (Deere John Capital Corp)

Agents in their Individual Capacities. Each Agent of the Agents in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, Loan Parties and any other Credit Party their Affiliates as though such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans made by itits Loans, if any, pursuant to this Agreement, each Agent of the Agents shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms "Lender" and "Lenders" shall include each Agent of the Agents in its their individual capacitycapacities.

Appears in 7 contracts

Samples: Loan Agreement (Bowater Inc), Credit and Security Agreement (Quest Diagnostics Inc), Credit and Security Agreement (Quest Diagnostics Inc)

Agents in their Individual Capacities. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Holdings, the Borrower, any other Guarantor, and any other Credit Party as though such Agent were not an Agent hereunder and under the other Credit Documents. With respect to the Revolving Credit Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.

Appears in 5 contracts

Samples: Credit Agreement (Vistra Corp.), Credit Agreement (Vistra Corp.), Credit Agreement (Vistra Corp.)

Agents in their Individual Capacities. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any GuarantorLoan Party, and any other Credit Party Affiliate of any Loan Party, all as though such Agent were not an Agent hereunder and under the other Credit DocumentsAgent. With respect to the its Loans made or renewed by it, each Agent shall have the same rights and powers under this Loan Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender”, “Lenders”, “Secured Party” and “LendersSecured Parties” shall include each Agent in its individual capacity.

Appears in 4 contracts

Samples: Loan Agreement (Mimedx Group, Inc.), Loan Agreement (Mimedx Group, Inc.), Loan Agreement (Mimedx Group, Inc.)

Agents in their Individual Capacities. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, and any other Credit Loan Party as though such Agent were not an Agent hereunder and under the other Credit Loan Documents. With respect to the Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.

Appears in 4 contracts

Samples: Senior Subordinated Interim Loan Agreement (First Data Corp), Senior Unsecured Interim Loan Agreement (First Data Corp), Senior Subordinated Interim Loan Agreement (First Data Corp)

Agents in their Individual Capacities. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Holdings, any Borrower, any Guarantor, and any other Credit Party as though such Agent were not an Agent hereunder and under the other Credit Documents. With respect to the Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.

Appears in 3 contracts

Samples: Credit Agreement (Ingersoll Rand Inc.), Credit Agreement (Gardner Denver Holdings, Inc.), Credit Agreement (Gardner Denver Holdings, Inc.)

Agents in their Individual Capacities. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, Borrower and any other Credit Loan Party as though such Agent were not an Agent hereunder and under the other Credit Loan Documents. With respect to the Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.

Appears in 3 contracts

Samples: Credit Agreement (Samson Resources Corp), Second Lien Term Loan Credit Agreement (Samson Holdings, Inc.), Term Loan Credit Agreement (Tesoro Corp /New/)

Agents in their Individual Capacities. Each Agent and its Affiliates ------------------------------------- respective affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, and any other Credit Party Borrowers as though such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the its Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender Bank and may exercise the same as though it were not an Agent, and the terms “Lender” "Bank" and “Lenders” "Banks" shall include each the Administrative Agent in its individual capacity.

Appears in 3 contracts

Samples: Credit Agreement (Deere & Co), Credit Agreement (Deere & Co), Credit Agreement (Deere & Co)

Agents in their Individual Capacities. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, and any other Credit Loan Party as though such Agent were not an Agent hereunder and under the other Credit Loan Documents. With respect to the its Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued or participated in by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, respectively, and the terms "Lender" and "Lenders" shall include each Agent in its their individual capacitycapacities.

Appears in 3 contracts

Samples: Credit Agreement (Key Energy Group Inc), Credit Agreement (Key Energy Group Inc), Credit Agreement (Key Energy Group Inc)

Agents in their Individual Capacities. Each Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, and any other Credit Loan Party as though such Agent were not an Agent hereunder and under the other Credit DocumentsAgent. With respect to the its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.

Appears in 3 contracts

Samples: Credit Agreement (Mq Associates Inc), Credit Agreement (Mq Associates Inc), Credit Agreement (Mq Associates Inc)

Agents in their Individual Capacities. Each Agent The Agents and its their Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, Borrower and any other Credit Loan Party as though the Administrative Agent or such other Agent were not an the Administrative Agent or such other Agent hereunder and under the other Credit Loan Documents. With respect to the Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent the Agents in its their individual capacitycapacities.

Appears in 3 contracts

Samples: Abl Credit Agreement (Univar Solutions Inc.), Abl Credit Agreement (Univar Inc.), Abl Credit Agreement (Univar Inc.)

Agents in their Individual Capacities. Each Agent of the Agents in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, Seller Parties and any other Credit Party their Affiliates as though such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans made by itits Receivables Interests, if any, pursuant to this Agreement, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender Purchaser and may exercise the same as though it were not an Agent, and the terms “LenderPurchaser” and “LendersPurchasers” shall include each Agent of the Agents in its their individual capacitycapacities.

Appears in 3 contracts

Samples: Receivables Purchase Agreement (Convergys Corp), Receivables Purchase Agreement (Convergys Corp), Receivables Purchase Agreement (Convergys Corp)

Agents in their Individual Capacities. Each Agent and its Affiliates respective affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, and any other Credit Party Borrowers as though such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the its Loans made by it and with respect to any Letter of Credit issued or participated in by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender Bank and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.as

Appears in 2 contracts

Samples: Credit Agreement (Deere & Co), Credit Agreement (Deere John Capital Corp)

Agents in their Individual Capacities. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the any Borrower, any Guarantor, and any other Credit Party as though such Agent were not an Agent hereunder and under the other Credit Documents. With respect to the Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Big Heart Pet Brands), Credit Agreement (Del Monte Foods Co)

Agents in their Individual Capacities. Each Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, Holdings and any other Credit Party its Subsidiaries as though such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans made by it and all Obligations owing to it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender Bank and may exercise the same as though it were not an Agent, Agent and the terms “Lender” "Bank" and “Lenders” "Banks" shall include each Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Advanced Medical Inc), Credit Agreement (Dade Behring Inc)

Agents in their Individual Capacities. Each Agent of the Agents and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, Borrower or any Guarantor, and any other Credit Party Affiliate of Borrower as though such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the making of Loans made by itpursuant to this Agreement, each Agent of the Agents shall have the same rights and powers under this Agreement and the other Credit Documents in its individual capacity as any Lender and may exercise the same as though it were not an Agent, and the terms “Liquidity Bank,” “Lender,” “Liquidity Banks” and “Lenders” shall include each Agent of the Agents in its individual capacity.

Appears in 2 contracts

Samples: Credit and Security Agreement (Mohawk Industries Inc), Credit and Security Agreement (Mohawk Industries Inc)

Agents in their Individual Capacities. Each Agent and its ------------------------------------- Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, and any other Credit Party Company as though such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans made or renewed by itthem and any Note issued to them, each Agent the Agents shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it they were not an Agent, Agents hereunder and the terms "Lender" and "Lenders" shall include each Agent the Agents in its their respective individual capacitycapacities if applicable.

Appears in 2 contracts

Samples: Servicing Secured Credit Agreement (Headlands Mortgage Co), Mortgage Loan Warehousing Agreement (Headlands Mortgage Co)

Agents in their Individual Capacities. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, Loan Party and any other Credit Party Affiliate of any Loan Party, all as though such Agent were not an Agent hereunder and under the other Credit DocumentsAgent. With respect to the its Loans made or renewed by it, each Agent shall have the same rights and powers under this Loan Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and ”, Lenders” shall include each Agent in its individual capacity.

Appears in 2 contracts

Samples: Loan Agreement (Spark Networks SE), Loan Agreement (Spark Networks SE)

Agents in their Individual Capacities. Each Agent of the Agents and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the BorrowerParent, either Borrower or any Guarantor, and any other Credit Party Subsidiary or Affiliate thereof as though such Agent were not an Agent hereunder and under the other Credit Loan Documents. With respect to the Loans made by it, each Agent of the Agents shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, such Agent and the terms "Lender" and "Lenders" shall include each Agent of the Agents in its respective individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Dirsamex Sa De Cv), Credit Agreement (Jafra Cosmetics International Sa De Cv)

Agents in their Individual Capacities. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Holdings, the Borrower, 241 any other Guarantor, and any other Credit Party as though such Agent were not an Agent hereunder and under the other Credit Documents. With respect to the Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Vistra Corp.)

Agents in their Individual Capacities. Each Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, and any other Credit Party Borrower as though such Agent it were not an Agent hereunder and under the other Credit DocumentsAgent. With respect to the its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms "Lender" and "Lenders" shall include each Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (American Skiing Co /Me)

Agents in their Individual Capacities. Each Agent and its Affiliates -------------------------------------- respective affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, Holdings and any other Credit Party its Subsidiaries as though such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans made by it and all Obligations owing to it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms "Lender" and "Lenders" shall include each Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (GSL Corp)

Agents in their Individual Capacities. Each Agent The Agents and its their respective Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, Borrower and any other Credit Party Guarantor as though such Agent the Agents were not an Agent the Agents hereunder and under the other Credit Documents. With respect to the Loans made by it, each Agent the Agents shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms "Lender" and “Lenders” shall include each Agent in its individual capacity."

Appears in 1 contract

Samples: Senior Subordinated Loan Agreement (Rockwood Specialties Group Inc)

Agents in their Individual Capacities. Each Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, Holdings and any other Credit Party its Subsidiaries as though such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans made by it and all Obligations owing to it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, Agent and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Quality Distribution Inc)

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Agents in their Individual Capacities. Each Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, Borrower and any other Credit Party its Subsidiaries as though such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans made by it and all Obligations owing to it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, Agent and the terms "Lender" and "Lenders" shall include each Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Pacer International Inc)

Agents in their Individual Capacities. Each Agent and its Affiliates their ------------------------------------- respective affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, Holdings and any other Credit Party its Subsidiaries as though such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans made by it and all Obligations owing to it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms "Lender" and "Lenders" shall include each Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (RPP Capital Corp)

Agents in their Individual Capacities. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any GuarantorLoan Party, and any other Credit Party Affiliate of any Loan Party, all as though such Agent were not an Agent hereunder and under the other Credit DocumentsAgent. With respect to the its Term Loans made or renewed by it, each Agent shall have the same rights and powers under this Loan Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender”, “Lenders”, “Secured Party” and “LendersSecured Parties” shall include each Agent in its individual capacity.

Appears in 1 contract

Samples: Loan Agreement (Capital Park Holdings Corp.)

Agents in their Individual Capacities. Each Agent and its Bank Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, and any other Credit Party Obligor as though such Agent were not an Agent hereunder and under the other Credit Senior Finance Documents. With respect to the Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Senior Finance Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Ardagh Finance Holdings S.A.)

Agents in their Individual Capacities. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, Borrowers and any other Credit Party as though such Agent were not an Agent hereunder and under the other Credit Loan Documents. With respect to the any Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.

Appears in 1 contract

Samples: Term Loan and Guaranty Agreement (Par Pacific Holdings, Inc.)

Agents in their Individual Capacities. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, Borrowers (or any Guarantor, and any other Credit Party of them) as though such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the its Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued or participated in by it, each such Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender Bank and may exercise the same as though it were not an Agent, and the terms “Lender” "Bank" and “Lenders” shall include each Agent in its individual capacity."

Appears in 1 contract

Samples: Credit Agreement (Standard Automotive Corp)

Agents in their Individual Capacities. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Holdings, the Borrower, any other Guarantor, and any other Credit Party as though such Agent were not an Agent hereunder and under the other Credit Documents. With respect to the Term Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Vistra Corp.)

Agents in their Individual Capacities. Each Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, Holdings and any other Credit Party its Subsidiaries as though such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans made by it and all Obligations owing to it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.and

Appears in 1 contract

Samples: Credit Agreement (Quality Distribution Inc)

Agents in their Individual Capacities. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, and any other Credit Loan Party as though such Agent were not an Agent hereunder and under the other Credit Loan Documents. With respect to the its Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued to or participated in by it, and each Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, respectively, and the terms "Lender" and "Lenders" shall include each Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Fpa Medical Management Inc)

Agents in their Individual Capacities. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, and any other Credit Party either Borrower as though such Agent were not the an Agent hereunder and or under the other Credit DocumentsDocument. With respect to the Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each such Agent in its individual capacity.

Appears in 1 contract

Samples: Margin Loan Agreement (Becker Douglas L)

Agents in their Individual Capacities. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, and any other Credit Loan Party as though such Agent were not an Agent hereunder and under the other Credit DocumentsAgent. With respect to the its Term Loans made or renewed by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender”, “Lenders”, “Secured Party” and “LendersSecured Parties” shall include each Agent in its individual capacity.

Appears in 1 contract

Samples: Term Loan Agreement (Cinedigm Digital Cinema Corp.)

Agents in their Individual Capacities. Each Agent of the Agents and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, Borrower or any Guarantor, and any other Credit Party Affiliate of Borrower as though such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the making of Loans made by itpursuant to this Agreement, each Agent of the Agents shall have the same rights and powers under this Agreement and the other Credit Documents in its individual capacity as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity."Liquidity Bank," "

Appears in 1 contract

Samples: Credit and Security Agreement (Mohawk Industries Inc)

Agents in their Individual Capacities. Each Agent and -------------------------------------- its Affiliates respective affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, Holdings and any other Credit Party its Subsidiaries as though such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans made by it and all Obligations owing to it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms "Lender" and "Lenders" shall include each Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Compass Minerals Group Inc)

Agents in their Individual Capacities. Each Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, and any other Credit Loan Party as though such Agent were not an Agent hereunder and under the other Credit DocumentsAgent. With respect to the its Loans made or renewed by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.may

Appears in 1 contract

Samples: Credit Agreement (Delta Petroleum Corp/Co)

Agents in their Individual Capacities. Each Agent of the Agents and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, Borrower or any Guarantor, and any other Credit Party Affiliate of Borrower as though such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the making of Loans made by itpursuant to this Agreement, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.of

Appears in 1 contract

Samples: Credit and Security Agreement (Smithfield Foods Inc)

Agents in their Individual Capacities. Each Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, and any other Credit Party Borrower as though such Agent it were not an Agent hereunder and under the other Credit DocumentsAgent. With respect to the its Loans made or renewed by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms "Lender" and "Lenders" shall include each Agent in its individual capacity.

Appears in 1 contract

Samples: Second Lien Credit Agreement (American Skiing Co /Me)

Agents in their Individual Capacities. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any GuarantorLoan Party, and any other Credit Party Affiliate of any Loan Party, all as though such Agent were not an Agent hereunder and under the other Credit DocumentsAgent. With respect to the its Loans made or renewed by it, each Agent shall have the same rights and powers under this Loan Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and ”, Lenders” shall include each Agent in its individual capacity.

Appears in 1 contract

Samples: Loan Agreement (Mimedx Group, Inc.)

Agents in their Individual Capacities. Each Agent The Agents and its their respective Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, and any other Credit Party as though such Agent the Agents were not an Agent the Agents hereunder and under the other Credit Documents. With respect to the Loans made by itthem, each Agent the Agents shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it they were not an Agentthe Agents, and the terms "Lender" and “Lenders” shall include each Agent in its individual capacity."

Appears in 1 contract

Samples: Senior Bridge Loan Agreement (Activant Solutions Inc /De/)

Agents in their Individual Capacities. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any Guarantor, Loan Party and any other Credit Party Affiliate of any Loan Party, all as though such Agent were not an Agent hereunder and under the other Credit DocumentsAgent. With respect to the its Loans made or renewed by it, each Agent shall have the same rights and powers under this Loan Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender”, “Lenders”, “Secured Party” and “LendersSecured Parties” shall include each Agent in its individual capacity.

Appears in 1 contract

Samples: Loan Agreement (Spark Networks SE)

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