Common use of Collateral Agent in Individual Capacity Clause in Contracts

Collateral Agent in Individual Capacity. Any Collateral Agent Related Person may engage in transactions with, make loans to, acquire equity interests in and generally engage in any kind of business with the Company or the Borrower and their affiliates, including purchasing and holding Notes, as though the Collateral Agent were not the Collateral Agent hereunder and without notice to or consent of the Buyers. The Buyers acknowledge that, pursuant to such activities, any Collateral Agent Related Person may receive information regarding the Company or the Borrower and their affiliates (including information that may be subject to confidentiality obligations in favor of the Company or the Borrower and their affiliates) and acknowledge that the Collateral Agent shall be under no obligation to provide such information to them. With respect to any Notes it holds, a Collateral Agent Related Person shall have the same rights and powers under this Agreement as any other Buyer and may exercise the same as though the Collateral Agent were not the Collateral Agent, and the terms “Buyer” and “Buyers” include any such Collateral Agent Related Person in its individual capacity.

Appears in 5 contracts

Samples: Company Security Agreement (Boldface Group, Inc.), Newco Security Agreement (Boldface Group, Inc.), Prism Security Agreement (Max Cash Media Inc)

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Collateral Agent in Individual Capacity. Any Collateral Agent Related Person may engage in transactions with, make loans to, acquire equity interests in and generally engage in any kind of business with the Company or the Borrower any Grantor and their affiliates, including purchasing and holding Notes, as though the Collateral Agent were not the Collateral Agent hereunder and without notice to or consent of the BuyersHolders. The Buyers Holders acknowledge that, pursuant to such activities, any Collateral Agent Related Person may receive information regarding the Company or the Borrower any Grantor and their affiliates (including information that may be subject to confidentiality obligations in favor of the Company or the Borrower any Grantor and their affiliates) and acknowledge that the Collateral Agent shall be under no obligation to provide such information to them. With respect to any Notes it holds, a Collateral Agent Related Person shall have the same rights and powers under this Agreement as any other Buyer Holder and may exercise the same as though the Collateral Agent were not the Collateral Agent, and the terms “BuyerHolder” and “BuyersHolders” include any such Collateral Agent Related Person in its individual capacity.

Appears in 4 contracts

Samples: Security Agreement (Thompson Designs Inc), Security Agreement (Gelia Group, Corp.), Security Agreement (Boldface Group, Inc.)

Collateral Agent in Individual Capacity. Any Collateral Agent Related Person may engage in transactions with, make loans to, acquire equity interests in and generally engage in any kind of business with the Company or the Borrower any Grantor and their affiliates, including purchasing and holding Notes, as though the Collateral Agent were not the Collateral Agent hereunder and without notice to or consent of the BuyersNoteholders. The Buyers the Noteholders acknowledge that, pursuant to such activities, any Collateral Agent Related Person may receive information regarding the Company or the Borrower any Grantor and their affiliates (including information that may be subject to confidentiality obligations in favor of the Company or the Borrower any Grantor and their affiliates) and acknowledge that the Collateral Agent shall be under no obligation to provide such information to them. With respect to any Notes it holds, a Collateral Agent Related Person shall have the same rights and powers under this Security Agreement as any other Buyer Noteholder and may exercise the same as though the Collateral Agent were not the Collateral Agent, and the terms “BuyerNoteholder” and “BuyersNoteholders” include any such Collateral Agent Related Person in its individual capacity.

Appears in 3 contracts

Samples: Security Agreement (Sincerity Applied Materials Holdings Corp.), Intellectual Property Security Agreement (Enumeral Biomedical Holdings, Inc.), Intellectual Property Security Agreement (Enumeral Biomedical Holdings, Inc.)

Collateral Agent in Individual Capacity. Any Collateral Agent Related Person may engage in transactions with, make loans to, acquire equity interests in and generally engage in any kind of business with the Company Grantor or the Borrower any Grantor and their affiliates, including purchasing and holding Notes, as though the Collateral Agent were not the Collateral Agent hereunder and without notice to or consent of the BuyersHolders. The Buyers Holders acknowledge that, pursuant to such activities, any Collateral Agent Related Person may receive information regarding the Company Grantor or the Borrower any Grantor and their affiliates (including information that may be subject to confidentiality obligations in favor of the Company Grantor or the Borrower any Grantor and their affiliates) and acknowledge that the Collateral Agent shall be under no obligation to provide such information to them. With respect to any Notes it holds, a Collateral Agent Related Person shall have the same rights and powers under this Agreement as any other Buyer Holder and may exercise the same as though the Collateral Agent were not the Collateral Agent, and the terms “BuyerHolder” and “BuyersHolders” include any such Collateral Agent Related Person in its individual capacity.

Appears in 1 contract

Samples: Subscription Agreement (Codesmart Holdings, Inc.)

Collateral Agent in Individual Capacity. Any Collateral Agent Related Person may engage in transactions trasactions with, make loans to, acquire equity interests in and generally engage in any kind of business with the Company or the Borrower and their affiliates, including purchasing and holding Notes, as though the Collateral Agent were not the Collateral Agent hereunder and without notice to or consent of the Buyers. The Buyers acknowledge that, pursuant to such activities, any Collateral Agent Related Person may receive information regarding the Company or the Borrower and their affiliates (including information that may be subject to confidentiality obligations in favor of the Company or the Borrower and their affiliates) and acknowledge that the Collateral Agent shall be under no obligation to provide such information to them. With respect to any Notes it holds, a Collateral Agent Related Person shall have the same rights and powers under this Agreement as any other Buyer and may exercise the same as though the Collateral Agent were not the Collateral Agent, and the terms “Buyer” and “Buyers” include any such Collateral Agent Related Person in its individual capacity.

Appears in 1 contract

Samples: Pubco Security Agreement (Cahaba Pharmaceuticals, Inc.)

Collateral Agent in Individual Capacity. Any Collateral Agent Related Person may engage in transactions trasactions with, make loans to, acquire equity interests in and generally engage in any kind of business with the Company or the Borrower Prism and their affiliates, including purchasing and holding Notes, as though the Collateral Agent were not the Collateral Agent hereunder and without notice to or consent of the Buyers. The Buyers acknowledge that, pursuant to such activities, any Collateral Agent Related Person may receive information regarding the Company or the Borrower Prism and their affiliates (including information that may be subject to confidentiality obligations in favor of the Company or the Borrower Prism and their affiliates) and acknowledge that the Collateral Agent shall be under no obligation to provide such information to them. With respect to any Notes it holds, a Collateral Agent Related Person shall have the same rights and powers under this Agreement as any other Buyer and may exercise the same as though the Collateral Agent were not the Collateral Agent, and the terms “Buyer” and “Buyers” include any such Collateral Agent Related Person in its individual capacity.

Appears in 1 contract

Samples: Prism Pledge Agreement (Max Cash Media Inc)

Collateral Agent in Individual Capacity. Any Collateral Agent Related Person may engage in transactions with, make loans to, acquire equity interests in and generally engage in any kind of business with the Company or the Borrower Newco and their affiliates, including purchasing and holding Notes, as though the Collateral Agent were not the Collateral Agent hereunder and without notice to or consent of the Buyers. The Buyers acknowledge that, pursuant to such activities, any Collateral Agent Related Person may receive information regarding the Company or the Borrower Newco and their affiliates (including information that may be subject to confidentiality obligations in favor of the Company or the Borrower Newco and their affiliates) and acknowledge that the Collateral Agent shall be under no obligation to provide such information to them. With respect to any Notes it holds, a Collateral Agent Related Person shall have the same rights and powers under this Agreement as any other Buyer and may exercise the same as though the Collateral Agent were not the Collateral Agent, and the terms “Buyer” and “Buyers” include any such Collateral Agent Related Person in its individual capacity.

Appears in 1 contract

Samples: Newco Pledge Agreement (Boldface Group, Inc.)

Collateral Agent in Individual Capacity. Any Collateral Agent Related Person may engage in transactions with, make loans to, acquire equity interests in and generally engage in any kind of business with the Company or the Borrower Grantor and their affiliates, including purchasing and holding Noteswithout limitation, providing legal services to the Grantor, as though the Collateral Agent were not the Collateral Agent hereunder and without notice to or consent of the BuyersHolders. The Buyers Holders acknowledge that, pursuant to such activities, any Collateral Agent Related Person may receive information regarding the Company or the Borrower Grantor and their its affiliates (including information that may be subject to confidentiality obligations in favor of the Company or the Borrower Grantor and their its affiliates) and acknowledge that the Collateral Agent shall be under no obligation to provide such information to them. With respect to any Notes it holds, a Collateral Agent Related Person shall have the same rights and powers under this Agreement as any other Buyer Holder and may exercise the same as though the Collateral Agent were not the Collateral Agent, and the terms “BuyerHolder” and “BuyersHolders” include any such Collateral Agent Related Person in its individual capacity.

Appears in 1 contract

Samples: Security Agreement (Grom Social Enterprises, Inc.)

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Collateral Agent in Individual Capacity. Any Collateral Agent Related Person may engage in transactions with, make loans to, acquire equity interests in and generally engage in any kind of business with the Company or the Borrower and their affiliates, including purchasing and holding NotesNote, as though the Collateral Agent were not the Collateral Agent hereunder and without notice to or consent of the BuyersLender. The Buyers acknowledge Lender acknowledges that, pursuant to such activities, any Collateral Agent Related Person may receive information regarding the Company or the Borrower and their affiliates (including information that may be subject to confidentiality obligations in favor of the Company or the Borrower and their affiliates) and acknowledge that the Collateral Agent shall be under no obligation to provide such information to them. With respect to any Notes Note it holds, a Collateral Agent Related Person shall have the same rights and powers under this Agreement as any other Buyer the Lender and may exercise the same as though the Collateral Agent were not the Collateral Agent, and the terms term Buyer” and “BuyersLender” include any such Collateral Agent Related Person in its individual capacity.

Appears in 1 contract

Samples: Security Agreement (Vynleads, Inc.)

Collateral Agent in Individual Capacity. Any Collateral Agent Related Person may engage in transactions trasactions with, make loans to, acquire equity interests in and generally engage in any kind of business with the Company or the Borrower DataCom and their affiliates, including purchasing and holding Notes, as though the Collateral Agent were not the Collateral Agent hereunder and without notice to or consent of the Buyers. The Buyers acknowledge that, pursuant to such activities, any Collateral Agent Related Person may receive information regarding the Company or the Borrower DataCom and their affiliates (including information that may be subject to confidentiality obligations in favor of the Company or the Borrower DataCom and their affiliates) and acknowledge that the Collateral Agent shall be under no obligation to provide such information to them. With respect to any Notes it holds, a Collateral Agent Related Person shall have the same rights and powers under this Agreement as any other Buyer and may exercise the same as though the Collateral Agent were not the Collateral Agent, and the terms “Buyer” and “Buyers” include any such Collateral Agent Related Person in its individual capacity.

Appears in 1 contract

Samples: Pledge Agreement (Cahaba Pharmaceuticals, Inc.)

Collateral Agent in Individual Capacity. Any Collateral Agent Related Person may engage in transactions with, make loans to, acquire equity interests in and generally engage in any kind of business with the Company or the Borrower and their affiliates, including purchasing and holding NotesNote, as though the Collateral Agent were not the Collateral Agent hereunder and without notice to or consent of the BuyersLenders. The Buyers Lenders acknowledge that, pursuant to such activities, any Collateral Agent Related Person may receive information regarding the Company or the Borrower and their affiliates (including information that may be subject to confidentiality obligations in favor of the Company or the Borrower and their affiliates) and acknowledge that the Collateral Agent shall be under no obligation to provide such information to them. With respect to any Notes Note it holds, a Collateral Agent Related Person shall have the same rights and powers under this Agreement as any other Buyer the Lenders and may exercise the same as though the Collateral Agent were not the Collateral Agent, and the terms term BuyerLendersand “Buyers” include includes, without limitation, any such Collateral Agent Related Person in its individual capacity.

Appears in 1 contract

Samples: Cig Wireless Corp. Security Agreement (Cig Wireless Corp.)

Collateral Agent in Individual Capacity. Any Collateral Agent Related Person may engage in transactions with, make loans to, acquire equity interests in and generally engage in any kind of business with the Company Borrower or the Borrower any Grantor and their affiliates, including purchasing and holding Notes, as though the Collateral Agent were not the Collateral Agent hereunder and without notice to or consent of the BuyersHolders. The Buyers Holders acknowledge that, pursuant to such activities, any Collateral Agent Related Person may receive information regarding the Company Borrower or the Borrower any Grantor and their affiliates (including information that may be subject to confidentiality obligations in favor of the Company Borrower or the Borrower any Grantor and their affiliates) and acknowledge that the Collateral Agent shall be under no obligation to provide such information to them. With respect to any Notes it holds, a Collateral Agent Related Person shall have the same rights and powers under this Agreement as any other Buyer Holder and may exercise the same as though the Collateral Agent were not the Collateral Agent, and the terms “BuyerHolder” and “BuyersHolders” include any such Collateral Agent Related Person in its individual capacity.

Appears in 1 contract

Samples: Security Agreement (Rackwise, Inc.)

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