Facility Agent's Position Clause Samples
Facility Agent's Position. 16.10.1 With respect to its own Participation in the Facility, the Facility Agent shall have the same rights and powers under and in respect of the Financing Documents as any other Lender and may exercise those rights and powers as though it were not also acting as agent and/or trustee under this Agreement. The Facility Agent may, without liability to account, accept deposits from, lend money to and generally engage in any kind of banking, finance, advisory, trust or other business with or for Swiss Newco as if it were not the agent or the trustee for other persons under any Financing Documents.
16.10.2 The Facility Agent may retain for its own use and benefit (and shall not be liable to account to any Lender for all or any part of) any sums received by it by way of agency or management or arrangement fees or by way of reimbursement of expenses incurred by it.
Facility Agent's Position. (a) With respect to its own Participation in an Advance (if any), the Facility Agent shall have the same rights and powers under and in respect of this Agreement as any other Bank and may exercise those rights and powers as though it were not also acting as agent for the Banks. The Facility Agent may, without liability to account, accept deposits from, lend money to and generally engage in any kind of banking, finance, advisory, trust or other business with or for the Company as if it were not the agent for the Banks under this Agreement.
(b) The Facility Agent may retain for its own use and benefit (and shall not be liable to account to any Bank for all or any part of) any sums received by it by way of agency or management or arrangement fees or by way of reimbursement of expenses incurred by it.