Common use of Rights as a First Lien Secured Party Clause in Contracts

Rights as a First Lien Secured Party. The Person serving as the Applicable Authorized Representative hereunder shall have the same rights and powers in its capacity as a First Lien Secured Party under any Series of First Lien Obligations that it holds as any other First Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative and the term “First Lien Secured Party” or “First Lien Secured Parties” or (as applicable) “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Indenture Secured Party”, “Indenture Secured Parties”, “Additional First Lien Secured Party” or “Additional First Lien Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative hereunder and without any duty to account therefor to any other First Lien Secured Party.

Appears in 3 contracts

Samples: First Lien Intercreditor Agreement (Cco Holdings LLC), First Lien Intercreditor Agreement (Cco Holdings LLC), First Lien Intercreditor Agreement (Charter Communications, Inc. /Mo/)

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Rights as a First Lien Secured Party. The Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder shall have the same rights and powers in its capacity as a First Lien Secured Party under any Series of First Lien Obligations that it holds as any other First Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative Controlling Collateral Agent and the term “First Lien Secured Party” or “First Lien Secured Parties” or (as applicable) “First Lien Credit Agreement Secured Party”, “First Lien Credit Agreement Secured Parties”, “Indenture Secured Party”, “Indenture Secured Parties”, “Additional First Lien Secured Party”, “Additional First Lien Secured Parties”, “Initial Additional First Lien Secured Party” or “Initial Additional First Lien Secured Parties” shall, if applicable and unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Controlling Collateral Agent hereunder and without any duty to account therefor to any other First Lien Secured Party.

Appears in 3 contracts

Samples: Assignment and Assumption (Claros Mortgage Trust, Inc.), First Lien Intercreditor Agreement (Blackstone Mortgage Trust, Inc.), Assignment and Assumption (Claros Mortgage Trust, Inc.)

Rights as a First Lien Secured Party. (a) The Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder shall have the same rights and powers in its capacity as a First First-Lien Secured Party under any Series of First First-Lien Obligations that it holds as any other First First-Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative Collateral Agent and the term “First First-Lien Secured Party” or “First First-Lien Secured Parties” or (as applicable) “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Indenture Additional First-Lien Secured Party”, “Indenture Additional First-Lien Secured Parties”, “Initial Additional First First-Lien Secured Party” or “Initial Additional First First-Lien Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Controlling Collateral Agent hereunder and without any duty to account therefor to any other First First-Lien Secured Party.

Appears in 2 contracts

Samples: Credit Agreement (Bright Horizons Family Solutions Inc.), Credit Agreement (Bloomin' Brands, Inc.)

Rights as a First Lien Secured Party. The Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder shall have the same rights and powers in its capacity as a First First-Lien Secured Party under any Series of First First-Lien Obligations that it holds as any other First First-Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative Collateral Agent and the term “First First-Lien Secured Party” or “First First-Lien Secured Parties” or (as applicable) “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Indenture Additional First-Lien Secured Party”, “Indenture Additional First-Lien Secured Parties”, “Initial Additional First First-Lien Secured Party” or “Initial Additional First First-Lien Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Controlling Collateral Agent hereunder and without any duty to account therefor to any other First First-Lien Secured Party.

Appears in 1 contract

Samples: Credit Agreement (Bright Horizons Family Solutions Inc.)

Rights as a First Lien Secured Party. The Person serving as the Applicable Authorized Representative hereunder shall have the same rights and powers in its capacity as a First Lien Secured Party under any Series of First Lien Obligations that it holds as any other First Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative and the term “First Lien Secured Party” or “First Lien Secured Parties” or (as applicable) “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, ,” “Indenture Secured Party”, ,” “Indenture Secured Parties”, ,” “Additional First Lien Secured Party” or “Additional First Lien Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative hereunder and without any duty to account therefor to any other First Lien Secured Party.

Appears in 1 contract

Samples: First Lien Intercreditor Agreement (Concordia International Corp.)

Rights as a First Lien Secured Party. (a) The Person serving as the Applicable Authorized Representative Collateral Agent hereunder shall have the same rights and powers in its capacity as a First First-Lien Secured Party under any Series of First First-Lien Obligations that it holds as any other First First-Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative Collateral Agent and the term “First First-Lien Secured Party” or “First First-Lien Secured Parties” or (as applicable) “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Indenture Additional First-Lien Secured Party”, “Indenture Additional First-Lien Secured Parties”, “Initial Additional First First-Lien Secured Party” or “Initial Additional First First-Lien Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors Company or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Collateral Agent hereunder and without any duty to account therefor to any other First First-Lien Secured Party.

Appears in 1 contract

Samples: First Lien Intercreditor Agreement (Univision Holdings, Inc.)

Rights as a First Lien Secured Party. (a) The Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder shall have the same rights and powers in its capacity as a First First-Lien Secured Party under any Series of First First-Lien Obligations that it holds as any other First First-Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative Controlling Collateral Agent and the term “First First-Lien Secured Party” or “First First-Lien Secured Parties” or (as applicable) “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Indenture Additional First-Lien Secured Party”, “Indenture Additional First-Lien Secured Parties”, “Initial Additional First First-Lien Secured Party” or “Initial Additional First First-Lien Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Controlling Collateral Agent hereunder and without any duty to account therefor to any other First First-Lien Secured Party.

Appears in 1 contract

Samples: Security Agreement (M/a-Com Technology Solutions Holdings, Inc.)

Rights as a First Lien Secured Party. The Person serving as the Applicable Authorized Representative Collateral Agent hereunder shall have the same rights and powers in its capacity as a First Lien Secured Party under any Series of First Lien Obligations that it holds as any other First Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative Collateral Agent and the term “First Lien Secured Party” or “First Lien Secured Parties” or (as applicable) “Existing First Lien Secured Party”, “Existing First Lien Secured Parties”, “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Indenture Secured Party”, “Indenture Secured Parties”, “Additional Other First Lien Secured Party” or “Additional Other First Lien Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors Company or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Collateral Agent hereunder and without any duty to account therefor to any other First Lien Secured Party.

Appears in 1 contract

Samples: Intercreditor Agreement (Hexion Inc.)

Rights as a First Lien Secured Party. (a) The Person serving as the Applicable Authorized Representative hereunder shall have the same rights and powers in its capacity as a First Lien Secured Party under any Series of First Lien Obligations that it holds as any other First Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative and the term “First Lien Secured Party” or “First Lien Secured Parties” or (as applicable) “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Indenture Secured Party”, “Indenture Secured Parties”, “Additional First Lien Secured Party” or “Additional First Lien Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors Borrowers or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative hereunder and without any duty to account therefor to any other First Lien Secured Party.

Appears in 1 contract

Samples: Credit Agreement (Continental Building Products, Inc.)

Rights as a First Lien Secured Party. The Person serving as the Applicable Authorized Representative Collateral Agent hereunder shall have the same rights and powers in its capacity as a First Lien Secured Party under any Series of First Lien Obligations that it holds as any other First Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative Collateral Agent and the term “First Lien Secured Party” or “First Lien Secured Parties” or (as applicable) “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Indenture Initial Other First Lien Secured Party”, “Indenture Initial Other First Lien Secured Parties”, “Additional Other First Lien Secured Party” or “Additional Other First Lien Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors Borrower or any Subsidiary subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Collateral Agent hereunder and without any duty to account therefor to any other First Lien Secured Party.

Appears in 1 contract

Samples: Intercreditor Agreement (CAESARS ENTERTAINMENT Corp)

Rights as a First Lien Secured Party. The Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder shall have the same rights and powers in its capacity as a First Lien Secured Party under any Series of First Lien Obligations that it holds as any other First Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative Controlling Collateral Agent and the term “First Lien Secured Party” or “First Lien Secured Parties” or (as applicable) “First Lien Credit Agreement Secured Party”, ,” First Lien Credit Agreement Secured Parties”, ,” Indenture Additional First Lien Secured Party”, ,” Indenture Additional First Lien Secured Parties”, ,” Initial Additional First Lien Secured Party” or “Initial Additional First Lien Secured Parties” shall, if applicable and unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors Borrower or any Subsidiary subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Controlling Collateral Agent hereunder and without any duty to account therefor to any other First Lien Secured Party.

Appears in 1 contract

Samples: Assignment and Assumption (Shift4 Payments, Inc.)

Rights as a First Lien Secured Party. The Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder shall have the same rights and powers in its capacity as a First First-Lien Secured Party under any Series of First First-Lien Obligations that it holds as any other First First-Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative Controlling Collateral Agent and the term “First First-Lien Secured Party” or “First First-Lien Secured Parties” or (as applicable) “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Indenture Additional First-Lien Secured Party”, “Indenture Additional First-Lien Secured Parties”, “Initial Additional First First-Lien Secured Party” or “Initial Additional First First-Lien Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Controlling Collateral Agent hereunder and without any duty to account therefor to any other First First-Lien Secured Party.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Infrastructure & Energy Alternatives, Inc.)

Rights as a First Lien Secured Party. (a) The Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder shall have the same rights and powers in its capacity as a First First-Lien Secured Party under any Series of First First-Lien Obligations that it holds as any other First First-Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative Col-lateralCollateral Agent and the term “First First-Lien Secured Party” or “First First-Lien Secured Parties” or (as applicable) “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Indenture Additional First-Lien Secured Party”, “Indenture Additional First-Lien Secured Parties”, “Initial Additional First First-Lien Secured Party” or “Initial Additional First First-Lien Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Controlling Collateral Agent hereunder and without with-outwithout any duty to account therefor to any other First First-Lien Secured Party.

Appears in 1 contract

Samples: Agreement and Security Agreement (Bloomin' Brands, Inc.)

Rights as a First Lien Secured Party. (a) The Person serving as the Applicable Authorized Representative hereunder shall have the same rights and powers in its capacity as a First Lien Secured Party under any Series of First Lien Obligations that it holds as any other First Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative and the term “First Lien Secured Party” or ”, “First Lien Secured Parties” or (as applicable) ”, “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Indenture Notes Secured Party”, “Indenture Notes Secured Parties”, “Additional First Lien Secured Party” or “Additional First Lien Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative hereunder and without any duty to account therefor to any other First Lien Secured Party.

Appears in 1 contract

Samples: Credit Agreement (LifeStance Health Group, Inc.)

Rights as a First Lien Secured Party. The Person serving as the Applicable Authorized Representative and/or Controlling Collateral Agent hereunder shall have the same rights and powers in its capacity as a First Lien Secured Party under any Series of First Lien Obligations that it holds as any other First Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative and/or Controlling Collateral Agent and the term “First Lien Secured Party” or “First Lien Secured Parties” or (as applicable) “Credit Agreement Secured Party”, ,” “Credit Agreement Secured Parties”, ,” “Indenture Secured Party”, ,” “Indenture Secured Parties”, ,” “Additional First Lien Secured Party” or “Additional First Lien Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative and/or Controlling Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may but is not required to accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative hereunder and without any duty to account therefor to any other First Lien Secured Party.

Appears in 1 contract

Samples: First Lien Intercreditor Agreement (Baldwin Insurance Group, Inc.)

Rights as a First Lien Secured Party. The Person serving as the Applicable Authorized Representative Collateral Agent hereunder shall have the same rights and powers in its capacity as a First Lien Secured Party under any Series of First Lien Obligations that it holds as any other First Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative Collateral Agent and the term “First Lien Secured Party” or “First Lien Secured Parties” or (as applicable) “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, ,” Indenture Term Loan Agreement Secured Party”, ,” Indenture Term Loan Agreement Secured Parties”, ,” “Additional First Lien Secured Party” or “Additional First Lien Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Collateral Agent hereunder and without any duty to account therefor to any other First Lien Secured Party.

Appears in 1 contract

Samples: Passu Intercreditor Agreement (Cardtronics PLC)

Rights as a First Lien Secured Party. The Person serving as the Applicable Authorized Representative hereunder shall have the same rights and powers in its capacity as a First Lien Secured Party under any Series of First Lien Obligations that it holds as any other First Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative and the term “First Lien Secured Party” or “First Lien Secured Parties” or (as applicable) “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Indenture Secured Party”, “Indenture Secured Parties”, “Additional First Lien Secured Party” or “Additional First Lien Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative hereunder and without any duty to account therefor to any other First Lien Secured Party.

Appears in 1 contract

Samples: Credit Agreement (Foundation Building Materials, Inc.)

Rights as a First Lien Secured Party. (a) The Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder shall have the same rights and powers in its capacity as a First First-Lien Secured Party under any Series of First First-Lien Obligations that it holds as any other First First-Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative Collateral Agent and the term “First First-Lien Secured Party” or “First First-Lien Secured Parties” or (as applicable) “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Indenture Additional First-Lien Secured Party”, “Indenture Additional First-Lien Secured Parties”, “Initial Additional First First-Lien Secured Party” or “Initial Additional First First-Lien Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally 96064450_3 engage in any kind of business with the Grantors any Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Controlling Collateral Agent hereunder and without any duty to account therefor to any other First First-Lien Secured Party.

Appears in 1 contract

Samples: Security Agreement (Bloomin' Brands, Inc.)

Rights as a First Lien Secured Party. (a) The Person serving as the Applicable Authorized Representative Collateral Agent hereunder shall have the same rights and powers in its capacity as a First First-Lien Secured Party under any Series of First First-Lien Obligations that it holds as any other First First-Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative Collateral Agent and the term “First First-Lien Secured Party” or “First First-Lien Secured Parties” or (as applicable) “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Indenture Additional First-Lien Secured Party”, “Indenture Additional First-Lien Secured Parties”, “Initial Additional First First-Lien Secured Party” or “Initial Additional First First-Lien Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with Holdings, the Grantors Company or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Collateral Agent hereunder and without any duty to account therefor to any other First First-Lien Secured Party.

Appears in 1 contract

Samples: Intercreditor Agreement (SeaWorld Entertainment, Inc.)

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Rights as a First Lien Secured Party. (a) The Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder shall have the same rights and powers in its capacity as a First Lien Secured Party under any Series of First Lien Obligations that it holds as any other First Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative Controlling Collateral Agent and the term “First Lien Secured Party” or “First Lien Secured Parties” or (or, as applicable) , “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, ,” “Indenture Secured Party”, ,” “Indenture Secured Parties”, ,” “Additional First Lien Secured Party” or “Additional First Lien Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Controlling Collateral Agent hereunder and without any duty to account therefor to any other First Lien Secured Party.

Appears in 1 contract

Samples: First Lien Intercreditor Agreement (RR Donnelley & Sons Co)

Rights as a First Lien Secured Party. The Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder shall have the same rights and powers in its capacity as a First Lien Secured Party under any Series of First Lien Obligations that it holds as any other First Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative Controlling Collateral Agent and the term “First Lien Secured Party” or “First Lien Secured Parties” or (as applicable) “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Indenture Additional First Lien Secured Party”, “Indenture Additional First Lien Secured Parties”, “Initial Additional First Lien Secured Party” or “Initial Additional First Lien Secured Parties” shall, if applicable and unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors any Borrower or any Subsidiary subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Controlling Collateral Agent hereunder and without any duty to account therefor to any other First Lien Secured Party.

Appears in 1 contract

Samples: Pledge and Security Agreement (Nuvei Corp)

Rights as a First Lien Secured Party. (a) The Person serving as the Applicable Authorized Representative First-Lien Collateral Agent hereunder shall have the same rights and powers in its capacity as a First First-Lien Secured Party under any Series of First First-Lien Obligations that it holds as any other First First-Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative First-Lien Collateral Agent and the term “First First-Lien Secured Party” or “First First-Lien Secured Parties” or (as applicable) “Credit Agreement Secured Party”, ,” “Credit Agreement Secured Parties”, ,” Indenture Additional First-Lien Secured Party”, ,” Indenture Additional First-Lien Secured Parties”, ,” Additional First Lien Notes Secured Party” or “Additional First Lien Notes Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative First-Lien Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors Company or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative First-Lien Collateral Agent hereunder and without any duty to account therefor to any other First First-Lien Secured Party.

Appears in 1 contract

Samples: Intercreditor Agreement (National CineMedia, LLC)

Rights as a First Lien Secured Party. (a) The Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder shall have the same rights and powers in its capacity as a First First-Lien Secured Party under any Series of First First-Lien Obligations that it holds as any other First First-Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative Collateral Agent and the term “First First-Lien Secured Party” or “First First-Lien Secured Parties” or (as applicable) “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Indenture Additional First-Lien Secured Party”, “Indenture Additional First-Lien Secured Parties”, “Initial Additional First First-Lien Secured Party” or “Initial Additional First First-Lien Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors any Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Controlling Collateral Agent hereunder and without any duty to account therefor to any other First First-Lien Secured Party.

Appears in 1 contract

Samples: Security Agreement (Bloomin' Brands, Inc.)

Rights as a First Lien Secured Party. The Person serving as the Applicable Authorized Representative hereunder shall have the same rights and powers in its capacity as a First Lien Secured Party under any Series of First Lien Obligations that it holds as any other First Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative and the term “First Lien Secured Party” or “First Lien Secured Parties” or (as applicable) “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, ,” “Indenture Secured Party”, ,” “Indenture Secured Parties”, ,” “Additional First Lien Secured Party” or “Additional First Lien Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative hereunder and without any duty to account therefor to any other First Lien Secured Party. SECTION 4.03.

Appears in 1 contract

Samples: First Lien Intercreditor Agreement

Rights as a First Lien Secured Party. (a) The Person serving as the Applicable Authorized Representative Collateral Agent hereunder shall have the same rights and powers in its capacity as a First Lien Secured Party under any Series of First Lien Obligations that it holds as any other First Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative Collateral Agent and the term “First Lien Secured Party” or “First Lien Secured Parties” or (as applicable) “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Indenture Initial Additional First Lien Secured Party”, “Indenture Initial Additional First Lien Secured Parties”, “Additional First Lien Secured Party” or “Additional First Lien Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors Company or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Collateral Agent hereunder and without any duty to account therefor to any other First Lien Secured Party.

Appears in 1 contract

Samples: Intercreditor Agreement (PAETEC Holding Corp.)

Rights as a First Lien Secured Party. (a) The Person serving as the Applicable Authorized Representative Collateral Agent hereunder shall have the same rights and powers in its capacity as a First First-Lien Secured Party under any Series of First First-Lien Obligations that it holds as any other First First-Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative Collateral Agent and the term “First First-Lien Secured Party” or “First First-Lien Secured Parties” or (as applicable) “Credit Agreement Secured Party”, ,” “Credit Agreement Secured Parties”, ,” Indenture Additional First-Lien Secured Party”, ,” Indenture Additional First-Lien Secured Parties”, ,” Additional First Lien Notes Secured Party” or “Additional First Lien Notes Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors Company or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Collateral Agent hereunder and without any duty to account therefor to any other First First-Lien Secured Party.

Appears in 1 contract

Samples: Intercreditor Agreement (National CineMedia, LLC)

Rights as a First Lien Secured Party. The Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder shall have the same rights and powers in its capacity as a First Lien Secured Party under any Series of First Lien Obligations that it holds as any other First Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative Controlling Collateral Agent and the term “First Lien Secured Party” or “First Lien Secured Parties” or (as applicable) “First Lien Credit Agreement Secured Party”, “First Lien Credit Agreement Secured Parties”, “Indenture Secured Party”, “Indenture Secured Parties”, “Additional First Lien Secured Party”, “Additional First Lien Secured Parties”, “Initial Additional First Lien Secured Party” or “Initial Additional First Lien Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors Borrowers or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Controlling Collateral Agent hereunder and without any duty to account therefor to any other First Lien Secured Party.

Appears in 1 contract

Samples: Credit Agreement (Trinseo S.A.)

Rights as a First Lien Secured Party. The Person serving as the Applicable Authorized Representative hereunder shall have the same rights and powers in its capacity as a First Lien Secured Party under any Series of First Lien Obligations that it holds as any other First Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative and the term “First Lien Secured Party” or “First Lien Secured Parties” or (as applicable) “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, ,” Secured Indenture Secured Party”, ,” Secured Indenture Secured Parties”, ,” “Bridge Secured Party,” “Bridge Secured Parties,” “Additional First Lien Secured Party” or “Additional First Lien Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative hereunder and without any duty to account therefor to any other First Lien Secured Party.

Appears in 1 contract

Samples: Security Agreement (Western Digital Corp)

Rights as a First Lien Secured Party. (a) The Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder shall have the same rights and powers in its capacity as a First First-Lien Secured Party under any Series of First First-Lien Obligations that it holds as any other First First-Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative Controlling Collateral Agent and the term “First First-Lien Secured Party” or “First First-Lien Secured Parties” or (as applicable) “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Indenture Senior Secured Notes Secured Party”, “Indenture Senior Secured Notes Secured Parties”, “Additional First First-Lien Secured Party”, or “Additional First First-Lien Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Controlling Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors Company or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Controlling Collateral Agent hereunder and without any duty to account therefor to any other First First-Lien Secured Party.

Appears in 1 contract

Samples: Intercreditor Agreement

Rights as a First Lien Secured Party. The Person serving as the Applicable Authorized Representative Collateral Agent hereunder shall have the same rights and powers in its capacity as a First Lien Secured Party under any Series of First Lien Obligations that it holds as any other First Lien Secured Party of such Series and may exercise the same as though it were not the Applicable Authorized Representative Collateral Agent and the term “First Lien Secured Party” or “First Lien Secured Parties” or (as applicable) “Credit Agreement Secured Party”, ,” “Credit Agreement Secured Parties”, ,” Indenture ChampionX Credit Agreement Secured Party”, ,” Indenture ChampionX Credit Agreement Secured Parties”, ,” “Additional First Lien Secured Party” or “Additional First Lien Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Applicable Authorized Representative Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Grantors or any Subsidiary or other Affiliate thereof as if such Person were not the Applicable Authorized Representative Collateral Agent hereunder and without any duty to account therefor to any other First Lien Secured Party.

Appears in 1 contract

Samples: Credit Agreement (ChampionX Corp)

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