Dual Capacities Clause Samples
The Dual Capacities clause defines how a party's responsibilities and rights are managed when they act in more than one role under an agreement, such as serving both as a service provider and a customer. In practice, this clause clarifies which obligations and privileges apply to each capacity, ensuring that actions or liabilities in one role do not automatically extend to the other. Its core function is to prevent confusion or unintended overlap of duties and liabilities, thereby ensuring clear boundaries and reducing the risk of disputes arising from a party's multiple roles.
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Dual Capacities. In its capacity as a Bank, the LC Agent shall have the same rights and obligations under this Section as any other Bank.
Dual Capacities. In its capacity as a Lender, each LC Issuing Bank shall have the same rights and obligations under this Section as any other Lender.
Dual Capacities. In its capacity as a Bank, each LC Issuing Bank shall have the same rights and obligations under this Section as any other Bank.
Dual Capacities. Each Person serving as the Administrative Agent and/or the Collateral Agent hereunder which is also a Lender shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an agent, and each such Person and its Affiliates may provide debt financing, equity capital or other services (including financial advisory services) to any of the Loan Parties (or any Person engaged in similar business as that engaged in by any of the Loan Parties) as if such Person was not performing the duties specified herein, and may accept fees and other consideration from any of the Loan Parties for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.
Dual Capacities. The Person serving as Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent, and such Person and its affiliates may provide debt financing, equity capital or other services (including financial advisory services) to any of the Loan Parties (or any Person engaged in similar business as that engaged in by any of the Loan Parties) as if such Person was not performing the duties specified herein, and may accept fees and other consideration from any of the Loan Parties for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Dual Capacities. In its capacity as a Tranche I Revolving Lender, each Issuer and the Swingline Bank shall have the same rights and obligations under this Section as any other Tranche I Revolving Lender.
Dual Capacities. Each Person serving as Administrative Agent and/or Collateral Agent hereunder which is also a Lender shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent, and each such Person and its Affiliates may provide debt financing, equity capital or other services (including financial advisory services) to any of the Loan Parties (or any Person engaged in Amended and Restated Loan and Security Agreement – Domo, Inc. similar business as that engaged in by any of the Loan Parties) as if such Person was not performing the duties specified herein, and may accept fees and other consideration from any of the Loan Parties for services in connection with this Agreement and otherwise without having to account for the same to Lenders.
Dual Capacities. In its capacity as a Revolver Bank, the LC Agent shall have the same rights and obligations under this Section as any other Revolver Bank.
Dual Capacities. In its capacity as a Lender, the Apollo LC Issuer shall have the same rights and obligations under this Section as any other Lender.
Dual Capacities. In its capacity as a Lender, the Issuer shall have the same rights and obligations under this Section 2.14 as any other Lender.