Collateral Agent and Affiliates. The bank serving as the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Secured Party as any other Secured Party and may exercise the same as though it were not the Collateral Agent, and such bank and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with the Borrower, the Guarantors or any Subsidiary or other Affiliate of the Borrower or the Guarantors as if it were not the Collateral Agent hereunder.
Collateral Agent and Affiliates. With respect to any Obligations owing to the Collateral Agent (or its Affiliates), the Collateral Agent (or such Affiliate) shall have the same rights and powers under this Agreement, the Security Agreement and the other Transaction Documents as any other Purchaser and may exercise the same as though it were not the Collateral Agent (or affiliated with the Collateral Agent); and the term “Purchaser” or “Purchasers” shall, unless otherwise expressly indicated, include the Collateral Agent in its individual capacity. The Collateral Agent and its Affiliates may lend money to and generally engage in any kind of business with the Obligor, all as if the Collateral Agent were not the Collateral Agent hereunder and without any duty to account therefor to the Purchasers.
Collateral Agent and Affiliates. The Collateral Agent and its Affiliates may lend money to, invest in, and generally engage in any kind of business with, any Note Party or any of their respective Affiliates or any other Persons who may do business with or own securities of any Note Party or any such Affiliates or Persons, all as if the Collateral Agent were not the Collateral Agent and without any duty to account therefor to the Purchasers. The Collateral Agent and its Affiliates may accept fees and other consideration from any Note Party for services in connection with this Agreement or otherwise without having to account for the same to the Purchasers.
Collateral Agent and Affiliates. The bank serving as the Collateral Agent hereunder and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with the Borrower, any Pledgor or any subsidiary or other Affiliate of the Borrower or any Pledgor as if it were not the Collateral Agent hereunder.
Collateral Agent and Affiliates. With respect to any interest in an Advance or a Reimbursement Obligation held by the Collateral Agent, the Collateral Agent shall have the same rights and powers under the Transaction Documents as any Lender Party and may exercise the same as though it were not the Collateral Agent, and the term “Lender Party” shall, unless otherwise expressly indicated, include the Collateral Agent in its individual capacity. The Collateral Agent and its affiliates may accept deposits from, lend money to, act as trustee under indentures of, accept investment banking engagements from and generally engage in any kind of business with, the Borrower and/or any of its affiliates and any person who may do business with or own an interest in any of them, all as if it were not a Collateral Agent and without any duty to account therefor to any Lender Party.
Collateral Agent and Affiliates. The Collateral Agent shall, in its capacity as a Pari Passu Creditor, have the same rights, powers and obligations under this Agreement and the other Pari Passu Financing Documents as any other Pari Passu Creditor and may exercise or refrain from exercising the same as though it were not the Collateral Agent, including the right to give or deny consent to any action requiring consent or direction of the Required Pari Passu Creditors or all or a specified percentage of the Pari Passu Creditors. The Collateral Agent in its individual capacity and its Affiliates may accept deposits from, lend money to, act as trustee under indentures of, and generally engage in any kind of business with, the Company, any of the Subsidiaries and any Affiliate of the Company, all as if the Collateral Agent were not the Collateral Agent and without any duty to account therefor to the Pari Passu Creditors. The Collateral Agent shall be entitled to receive from the Company or from the Paying Agent its fees or portions thereof in connection with this transaction without any liability to account therefor to any other Pari Passu Creditor, except as the Collateral Agent may have expressly agreed.
Collateral Agent and Affiliates. Prudential and any successor Collateral Agent, in its capacity as a Noteholder, shall have the same rights and powers under the Financing Documents and may exercise or refrain from exercising the same as though it were not the Collateral Agent hereunder, and such Noteholder and its affiliates may lend money to and generally engage in any kind of lending, investment, trust, hedging or other business with or for any Noteholder, the Company or the Parent, or any of their respective affiliates, as if it were not acting as Collateral Agent hereunder, provided that any payments made by the Company or the Parent, or any other Person during the continuance of an Event of Default to any Noteholder on any loans or other extensions of credit made to the Company or the Parent (including interest rate swaps, caps, collars and other derivative instruments) other than under the Note Agreement and the Notes shall be deemed by the Noteholder receiving such payments to be payments under the Note Agreement and the Notes and shall be applied by such Noteholder to its Financial Obligations, unless such payments shall be accompanied by clear instructions from the Company or any such other Person that such payments be applied to such other loan or extension of credit, until all of the Financial Obligations shall be satisfied in full, and any payments received by such Noteholder from the Company or any such other Person in contravention of the immediately preceding clause shall be deemed to be payments received by such Noteholder under Section 2.2 and treated accordingly.
Collateral Agent and Affiliates. Collateral Agent, in its capacity as a Note Holder shall have the same rights and powers under the Financing Documents and may exercise or refrain from exercising the same as though it were not the Collateral Agent hereunder.
Collateral Agent and Affiliates. The Chase Manhattan Bank and any successor Collateral Agent, in its capacity as a Lender and an agent under the Credit Agreements, shall have the same rights and powers under the Financing Documents and may exercise or refrain from exercising the same as though it were not the Collateral Agent hereunder, and such Lender and its affiliates may lend money to and generally engage in any kind of lending, investment, trust, hedging or other business with or for any Lender, any Obligated Party, or any of their respective affiliates, as if it were not acting as Collateral Agent hereunder.
Collateral Agent and Affiliates. Xxxxxx Guaranty Trust Company of New York shall have the same rights and powers under this Agreement, the Security Agreement and the Securities Pledge and Security Agreement as any other Bank and may exercise or refrain from exercising the same as though it were not the Collateral Agent, and Xxxxxx Guaranty Trust Company of New York and its affiliates may accept deposits from, lend money to, and generally engage in any kind of business with the Company or any Subsidiary or Affiliate of the Company as if it were not the Collateral Agent under the Security Agreement.
