Each Agent Individually. (a) If it is also a Lender, each of the Facility Agent and the Security Agent has the same rights and powers under this Agreement as any other Lender and may exercise those rights and powers as though it were not the Facility Agent or Security Agent (as applicable).
(b) Each of the Agents may:
(i) carry on any business with an Obligor or its related entities;
(ii) act as agent or trustee for, or in relation to any financing involving, an Obligor or its related entities; and
(iii) retain any profits or remuneration in connection with its activities under the Finance Documents, or in relation to any of the foregoing.
Each Agent Individually. With respect to its Ratable Portion, each Agent shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities as and to the extent set forth herein for any other Lender. The terms “Lenders”, “
Each Agent Individually. Each Agent and each Affiliate of such Agent may make loans and other extensions of credit to, acquire Stock and Stock Equivalents of, engage in any kind of business with, any Loan Party or Affiliate thereof as though it were not acting as Administrative Agent and may receive separate fees and other payments therefor. To the extent any Agent or any of its Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “Revolving Lender” and “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, such Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Revolving Lender, or as one of the Required Lenders, respectively. Any Lender, other than the Administrative Agent or a Co-Collateral Agent, that is designated (on the cover page of this Agreement, by separate agreement or otherwise) as an agent or an arranger of any type shall not have any right, power, responsibility or duty under any Loan Document other than those specifically stated in such Loan Document or those applicable to all Lenders, and shall in no event be deemed to have any fiduciary relationship with any other Lender.
Each Agent Individually. Each Agents and its Affiliates may make loans and other extensions of credit to, acquire Stock and Stock Equivalents of, engage in any kind of business with, any Loan Party or Affiliate thereof as though it were not acting as an Agent and may receive separate fees and other payments therefor. To the extent either Agent or any of their Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms "Lender", "Revolving Credit Lender", "Term Loan Lender", "Required Lender" and "Required Revolving Credit Lender" and any similar terms shall, except where otherwise expressly provided in any Loan Document, include, without limitation, either Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Revolving Credit Lender, Term Loan Lender or as one of the Required Lenders or Required Revolving Credit Lenders respectively.
Each Agent Individually. With respect to their Ratable Portions and Australian Dollar Ratable Portions, to the extent any of them is a Lender hereunder, each of Citicorp, JPMorgan, Citibank Australia, Citisecurities, GECC, U.S. Bank and Rabobank shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities as and to the extent set forth herein for any other Lender. The terms "Australian Dollar Lenders", "Lenders", "Revolving Credit Lenders", "Term Loan Lenders", "Requisite Lenders", "Requisite Revolving Credit Lenders", "Requisite Term Loan Lenders", "Requisite Australian Dollar Lenders" and any similar terms shall, unless the context clearly otherwise indicates, include, without limitation, each of Citicorp, JPMorgan, Citibank Australia, Citisecurities, GECC, U.S. Bank and Rabobank in its individual capacity as an Australian Dollar Lender, Lender, Revolving Credit Lender, Term Loan Lender or as one of the Requisite Lenders, Requisite Revolving Credit Lenders, Requisite Term Loan Lenders, Requisite Australian Dollar Lenders. Each of Citicorp, JPMorgan, Citibank Australia, Citisecurities, GECC, U.S. Bank and Rabobank and each of their respective Affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, trust or 146 CREDIT AGREEMENT SWIFT & COMPANY other business with, any Loan Party as if Citicorp was not acting as Administrative Agent and the Australian Agent, JPMorgan was not acting as Syndication Agent, Citibank Australia was not acting as the Australian Agent, Citisecurities was not acting as the Australian Collateral Trustee and none of GECC, U.S. Bank or Rabobank was acting as Documentation Agent.
Each Agent Individually. With respect to their respective Ratable Portion, each of CUSA and Congress shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities as and to the extent set forth herein for any other Lender. The terms “Lenders” and “
Each Agent Individually. With respect to its Ratable Portion, each of Citicorp, BofA and CS and each other Agent shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities as and to the extent set forth herein for any other Lender. The terms “Lenders,” “Revolving Credit Lenders,” “Term Loan Lenders,” “Requisite Lenders” and any similar term shall, unless the context clearly otherwise indicates, include, without limitation, each Agent in its individual capacity as a Lender, a Revolving Credit Lender, Term Loan Lender or as one of the Requisite Lenders. Each Agent and its Affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with, any Loan Party as if such Agent were not acting as Agent hereunder.
Each Agent Individually. With respect to its Ratable Portion, each of Citicorp, BofA and Merrill shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities as and to the extent set forth herein for any other Lender. The terms "LENDERS", "REVOLVING CREDIT LENDERS", "TERM LOAN LENDERS", "TRANCHE B LENDERS", "TRANCHE C LENDERS", "REQUISITE LENDERS" and any similar term shall, unless the context clearly otherwise indicates, include, without limitation, each Agent in its individual capacity as a Lender, a Revolving Credit Lender, Term Loan Lender, Tranche B Lender, Tranche C Lender or as one of the Requisite Lenders. Each Agent and its Affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with, any Loan Party as if such Agent were not acting as Agent hereunder.
Each Agent Individually. With respect to their Ratable Portions and Australian Dollar Ratable Portions, to the extent any of them is a Lender hereunder, each of Citicorp, JPMorgan, Citibank Australia, Citisecurities and each Listed Agent shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities as and to the extent set forth herein for any other Lender. The terms "
Each Agent Individually. With respect to its Ratable Portion, each of Citicorp, BofA and CS and each other Agent shall have and may exercise the same rights and powers hereunder and is subject to the same obligations and liabilities as and to the extent set forth herein for any other Lender. The terms "
