Freedom to transact. (a) Each Paying Agent and any of its affiliates, its officers, directors or employees may purchase, hold and dispose of Notes and may enter into any transaction (including, without limitation, any depository, trust or agency transaction) with any holders of Notes or with any other person in the same manner as if it had not been appointed as the agent of the Issuer in relation to the Notes. Each Agent may accept deposits from, lend money to and generally engage in any kind of banking activity or other business with the Issuer as if it were not an Agent provided that no Agent shall exercise against the Issuer any lien, right of set-off or similar claim in respect thereof. (b) Each Paying Agent shall be entitled to exercise and enforce its rights, comply with its obligations and perform its duties under or in relation to any such transaction without regard to the interests of the Issuer (provided that each Paying Agent shall at all times comply with its obligations to the Issuer under this Agreement) and notwithstanding that the same may be contrary or prejudicial to the interests of the Issuer and shall not be responsible for any loss or damage occasioned to the Issuer thereby and shall be entitled to retain and shall not be in any way liable to account for any profit made or share of brokerage or commission or remuneration or other amount or benefit received thereby or in connection therewith.
Appears in 3 contracts
Samples: Agency Agreement, Agency Agreement, Agency Agreement
Freedom to transact. (a) Each Paying Agent and any of its affiliates, its officers, directors or employees may purchase, hold and dispose of Notes and may enter into any transaction (including, without limitation, any depository, trust or agency transaction) with any holders of Notes or with any other person in the same manner as if it had not been appointed as the agent of the Issuer in relation to the Notes. Each Agent may accept deposits from, lend money to and generally engage in any kind of banking activity or other business with the Issuer as if it were not an Agent provided that no Agent shall exercise against the Issuer any lien, right of set-off or similar claim in respect thereof.
(b) Each Paying Agent shall be entitled to exercise and enforce its rights, comply with its obligations and perform its duties under or in relation to any such transaction without regard to the interests of the Issuer (provided that each Paying Agent shall at all times comply with its obligations to the Issuer under this Agreement) Agreement and notwithstanding that the same may be contrary or prejudicial to the interests of the Issuer and shall not be responsible for any loss or damage occasioned to the Issuer thereby and shall be entitled to retain and shall not be in any way liable to account for any profit made or share of brokerage or commission or remuneration or other amount or benefit received thereby or in connection therewith.
Appears in 2 contracts
Samples: Agency Agreement, Agency Agreement
Freedom to transact. (a) Each Paying Agent and any of its affiliates, its officers, directors or employees may purchase, hold and dispose of Notes and may enter into any transaction (including, without w ithout limitation, any depository, trust or agency transaction) with any holders of Notes or with any other person in the same manner as if it had not been appointed as the agent of the Issuer in relation to the Notes. Each Agent may accept deposits from, lend money to and generally engage in any kind of banking activity or other business with the Issuer as if it were w ere not an Agent provided that no Agent shall exercise against the Issuer any lien, right of set-off or similar claim in respect thereof.
(b) Each Paying Agent shall be entitled to exercise and enforce its rights, comply with its obligations and perform its duties under or in relation to any such transaction without regard to the interests of the Issuer (provided that each Paying Agent shall at all times comply with its obligations to the Issuer under this Agreement) and notwithstanding that the same may be contrary or prejudicial to the interests of the Issuer and shall not be responsible for any loss or damage occasioned to the Issuer thereby and shall be entitled to retain and shall not be in any way liable to account for any profit made or share of brokerage or commission or remuneration or other amount or benefit received thereby or in connection therewith.
Appears in 1 contract
Samples: Agency Agreement