Common use of Lenders in Their Individual Capacities Clause in Contracts

Lenders in Their Individual Capacities. With respect to its Commitment and the Term Loans made by it and any other rights and powers given to it as a Lender hereunder or under any of the other Loan Documents, the Administrative Agent and each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not the Administrative Agent or an Agent, as the case may be, and the term "Lenders" shall, unless the context otherwise indicates, include the Administrative Agent and each Agent in its individual capacity. PNC Bank and its Affiliates, JPMorgan Chase and its Affiliates, each other Agent and its Affiliates and each of the Lenders and their respective Affiliates may, without liability to account, except as prohibited herein, make loans to, accept deposits from, discount drafts for, act as trustee under indentures of, and generally engage in any kind of banking or trust business with the Loan Parties and their Affiliates, in the case of the Administrative Agent or any Agent, as though it were not acting as Administrative Agent or Agent, as the case may be, hereunder and in the case of each Lender, as though such Lender were not a Lender hereunder. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates or any Agent or its respective Affiliates may (i) receive information regarding the Loan Parties (including information that may be subject to confidentiality obligations in favor of the Loan Parties) and acknowledge that neither the Administrative Agent nor any Agent shall be under any obligation to provide such information to them, and (ii) accept fees and other consideration from the Loan Parties for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Arch Coal Inc)

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Lenders in Their Individual Capacities. With respect to its Revolving Credit Commitment, the Revolving Credit Loans, the Term Loan A Commitment, the Term Loan A, the Term Loan B Commitment and the Term Loans Loan B made by it and any other rights and powers given to it as a Lender hereunder or under any of the other Loan Documents, the Administrative Agent and each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not the Administrative Agent or an Agent, as the case may be, and the term "Lenders" shall, unless the context otherwise indicates, include the Administrative Agent and each Agent in its individual capacity. PNC Bank and its Affiliates, JPMorgan Chase and its Affiliates, each other Agent National City and its Affiliates and each of the Lenders and their respective Affiliates may, without liability to account, except as prohibited herein, make loans to, accept deposits from, discount drafts for, act as trustee under indentures of, and generally engage in any kind of banking or trust business with with, the Loan Parties and their Affiliates, in the case of the Administrative Agent or any Agent, as though it were not acting as Administrative Agent or Agent, as the case may be, hereunder and in the case of each Lender, as though such Lender were not a Lender hereunder. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates or any Agent or its respective Affiliates may (i) receive information regarding the Loan Parties (including information that may be subject to confidentiality obligations in favor of the Loan Parties) and acknowledge that neither the Administrative Agent nor any Agent shall be under any no obligation to provide such information to them, and (ii) accept fees and other consideration from the Loan Parties for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Rent Way Inc)

Lenders in Their Individual Capacities. With respect to its Revolving Credit Commitment and the Term Revolving Credit Loans made by it and any other rights and powers given to it as a Lender hereunder or under any of the other Loan Documents, the Administrative Agent and each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not the Administrative Agent or an Agent, as the case may be, and the term "Lenders" shall, unless the context otherwise indicates, include the Administrative Agent and each Agent in its individual capacity. PNC Bank and its Affiliates, JPMorgan Chase and its Affiliates, each other Agent and its Affiliates and each of the Lenders and their respective Affiliates may, without liability to account, except as prohibited herein, make loans to, accept deposits from, discount drafts for, act as trustee under indentures of, and generally engage in any kind of banking or trust business with with, the Loan Parties and their Affiliates, in the case of the Administrative Agent or any Agent, as though it were not acting as Administrative Agent or Agent, as the case may be, hereunder and in the case of each Lender, as though such Lender were not a Lender hereunder. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates or any Agent or its respective Affiliates may (i) receive information regarding the Loan Parties (including information that may be subject to confidentiality obligations in favor of the Loan Parties) and acknowledge that neither the Administrative Agent nor any Agent shall be under any no obligation to provide such information to them, and (ii) accept fees and other consideration from the Loan Parties for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Revolving Credit Facility Credit Agreement (Brady Corp)

Lenders in Their Individual Capacities. With respect to its Revolving Credit Commitment, the Revolving Advances, the Term Loan Commitment and the Term Loans Loan made by it and any other rights and powers given to it as a Lender hereunder or under any of the other Loan Other Documents, the Administrative Agent and each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not the Administrative Agent or an Agent, as the case may be, and the term "Lenders" shall, unless the context otherwise indicates, include the Administrative Agent and each Agent in its individual capacity. PNC First Union National Bank and its Affiliates, JPMorgan Chase and its Affiliates, each other Agent and its Affiliates and each of the Lenders and their respective Affiliates may, without liability to account, except as prohibited herein, make loans to, accept deposits from, discount drafts for, act as trustee under indentures of, and generally engage in any kind of banking or trust business with the Loan Parties with, MSI and their its Affiliates, in the case of the Administrative Agent or any Agent, as though it were not acting as Administrative Agent or Agent, as the case may be, hereunder and in the case of each Lender, as though such Lender were not a Lender hereunder. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates or any Agent or its respective Affiliates may (i) receive information regarding the Loan Parties MSI or MSUK (including information that may be subject to confidentiality obligations in favor of the Loan PartiesMSI or MSUK) and acknowledge that neither the Administrative Agent nor any Agent shall be under any no obligation to provide such information to them, and (ii) accept fees and other consideration from the Loan Parties MSI or MSUK for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Revolving Credit, Term Loan and Security Agreement (Measurement Specialties Inc)

Lenders in Their Individual Capacities. With respect to its Revolving Credit Commitment, the Revolving Credit Loans, the Term Loan Commitment and the Term Loans Loan made by it and any other rights and powers given to it as a Lender hereunder or under any of the other Loan Documents, the Administrative Agent and each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not the Administrative Agent or an Agent, as the case may be, and the term "Lenders" shall, unless the context otherwise indicates, include the Administrative Agent and each Agent in its individual capacity. PNC Bank and its Affiliates, JPMorgan Chase and its Affiliates, each other Agent and its Affiliates and each of the Lenders and their respective Affiliates may, without liability to account, except as prohibited herein, make loans to, accept deposits from, discount drafts for, act as trustee under indentures of, and generally engage in any kind of banking or trust business with with, the Loan Parties and their Affiliates, in the case of the Administrative Agent or any Agent, as though it were not acting as Administrative Agent or Agent, as the case may be, hereunder and in the case of each Lender, as though such Lender were not a Lender hereunder. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates or any Agent or its respective Affiliates may (i) receive information regarding the Loan Parties (including information that may be subject to confidentiality obligations in favor of the Loan Parties) and acknowledge that neither the Administrative Agent nor any Agent shall be under any no obligation to provide such information to them, and (ii) accept fees and other consideration from the Loan Parties for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Ii-Vi Inc)

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Lenders in Their Individual Capacities. With respect to its Revolving Credit Commitment and the Term Revolving Credit Loans made by it and any other rights and powers given to it as a Lender hereunder or under any of the other Loan Documents, the Administrative Agent and each the Collateral Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not the Administrative Agent or an the Collateral Agent, as the case may be, and the term "Lenders" shall, unless the context otherwise indicates, include the Administrative Agent and each the Collateral Agent in its their respective individual capacitycapacities. PNC Bank NATIONAL BANK OF CANADA and its AffiliatesNATIONSBANK, JPMorgan Chase N.A. and its Affiliates, each other Agent and its their respective Affiliates and each of the Lenders and their respective Affiliates may, without liability to account, except as prohibited herein, make loans to, accept deposits from, discount drafts for, act as trustee under indentures of, and generally engage in any kind of banking or trust business with with, the Loan Parties and their AffiliatesBorrowers, in the case of the Administrative Agent or any the Collateral Agent, as though it were not acting as Administrative Agent or Agent, as the case may be, Collateral Agent hereunder and in the case of each Lender, as though such Lender were not a Lender hereunder. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates or any the Collateral Agent or its their respective Affiliates may (i) receive information regarding the Loan Parties Borrowers (including information that may be subject to confidentiality obligations in favor of the Loan PartiesBorrowers) and acknowledge that neither the Administrative Agent nor any and the Collateral Agent shall be under any no obligation to provide such information to them, and (ii) accept fees and other consideration from the Loan Parties Borrowers for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Newtech Corp)

Lenders in Their Individual Capacities. With respect to its Commitment and the Term Loans made by it and any other rights and powers given to it as a Lender hereunder or under any of the other Loan Documents, the Administrative Agent and each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not the Administrative Agent or an Agent, as the case may be, and the term "Lenders" shall, unless the context otherwise indicates, include the Administrative Agent and each Agent in its individual capacity. PNC Bank and its Affiliates, JPMorgan Chase and its Affiliates, each other Agent and its Affiliates and each of the Lenders and their respective Affiliates may, without liability to account, except as prohibited herein, make loans to, accept deposits from, discount drafts for, act as trustee under indentures of, and generally engage in any kind of banking or trust business with the Loan Parties and their Affiliates, in the case of the Administrative Agent or any Agent, as though it were not acting as Administrative Agent or Agent, as the case may be, hereunder and in the case of each Lender, as though such Lender were not a Lender hereunder. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates or any Agent or its respective Affiliates may (i) receive information regarding the Loan Parties (including information that may be subject to confidentiality obligations in favor of the Loan Parties) and acknowledge that neither the Administrative Agent nor any Agent shall not be under any obligation to provide such information to them, and (ii) accept fees and other consideration from the Loan Parties for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Mountain Coal Co LLC)

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