Common use of Citicorp and Scotiabank Individually Clause in Contracts

Citicorp and Scotiabank Individually. With respect to its Pro Rata Shares of the Commitments hereunder, if any, and the Loans made by it, if any, Citicorp and Scotiabank shall have and may exercise the same rights and powers hereunder and are subject to the same obligations and liabilities as and to the extent set forth herein for any other Lender. The terms "Lenders" or "Requisite Lenders" or any similar terms shall, unless the context clearly otherwise indicates, include each of Citicorp and Scotiabank in its individual capacity as a Lender or one of the Requisite Lenders. Citicorp and Scotiabank and their respective Affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with the Borrower or any of its Subsidiaries as if they were not acting as Credit Agents pursuant hereto.

Appears in 2 contracts

Samples: Credit Agreement (Foamex Capital Corp), Credit Agreement (Foamex Capital Corp)

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Citicorp and Scotiabank Individually. With respect to its Pro Rata Shares of the Commitments hereunder, if any, and the Loans made by it, if any, Citicorp and Scotiabank shall have and may exercise the same rights and powers hereunder and are subject to the same obligations and liabilities as and to the extent set forth herein for any other Lender. The terms "Lenders" or "Requisite Lenders" or any similar terms shall, unless the context clearly otherwise indicates, include each of Citicorp and Scotiabank in its individual capacity as a Lender or one of the Requisite Lenders. Citicorp and Scotiabank and their respective Affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with the Borrower or any of its Subsidiaries as if they were not acting as Credit Agents pursuant hereto.

Appears in 1 contract

Samples: Credit Agreement (Foamex Capital Corp)

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Citicorp and Scotiabank Individually. With respect to its Pro Rata Shares of the Commitments hereunder, if any, and the Loans made by it, if any, Citicorp and Scotiabank shall have and may exercise the same rights and powers hereunder and are subject to the same obligations and liabilities as and to the extent set forth herein for any other Lender. The terms "Lenders" or "Requisite Lenders" or any similar terms shall, unless the context clearly otherwise indicates, include each of Citicorp and Scotiabank in its individual capacity as a Lender or one of the Requisite Lenders. Citicorp and Scotiabank and their respective Affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with the either Borrower or any of its Subsidiaries as if they were not acting as Credit Agents pursuant hereto.

Appears in 1 contract

Samples: Credit Agreement (Foamex International Inc)

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