Rights as a Lender. The Person serving as the Administrative Agent hereunder will have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “Lender” or “Lenders” will, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lender. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower, the other Obligors or any other Subsidiaries or Affiliates of the Obligors as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 11 contracts
Samples: Forbearance Agreement and First Amendment to Credit Agreement and Guaranty (Icagen, Inc.), Forbearance Agreement and Second Amendment to Credit Agreement and Guaranty (Icagen, Inc.), Forbearance Agreement and Third Amendment to Credit Agreement and Guaranty (Icagen, Inc.)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “Swingline Lender”, “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 11 contracts
Samples: Credit Agreement, Credit Agreement, Credit Agreement
Rights as a Lender. The Person Persons serving as the Administrative Agent Agents hereunder will shall have the same rights and powers in its their capacity as a Lender as any other Lender and may exercise the same as though it they were not the Administrative Agent, Agent or the Collateral Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent or the Collateral Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Loan Parties or any Restricted Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 11 contracts
Samples: Asset Based Revolving Credit Agreement (Albertsons Companies, Inc.), Asset Based Revolving Credit Agreement (Nextier Oilfield Solutions Inc.), Asset Based Revolving Credit Agreement (King Merger Sub II LLC)
Rights as a Lender. The Person serving as the First Lien Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the First Lien Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the First Lien Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, own securities of, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates Affiliate of the Obligors Borrower as if such Person were not the First Lien Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 8 contracts
Samples: Credit Agreement (LivaNova PLC), Credit Agreement (LivaNova PLC), Credit Agreement (Sotera Health Co)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender or an Issuing Bank as any other Lender or Issuing Bank and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the LendersLenders or the Issuing Banks.
Appears in 7 contracts
Samples: Credit Agreement (FTAI Aviation Ltd.), Credit Agreement (New Fortress Energy Inc.), Credit Agreement (Fortress Transportation & Infrastructure Investors LLC)
Rights as a Lender. The Person serving as the Administrative Agent and Collateral Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent or the Collateral Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent and Collateral Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 7 contracts
Samples: Credit Agreement (Container Store Group, Inc.), Credit Agreement (Container Store Group, Inc.), Credit Agreement (Container Store Group, Inc.)
Rights as a Lender. The Person Such Persons serving as the Administrative Agent hereunder will shall each have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person Persons serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person Persons and its their Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 7 contracts
Samples: Credit Agreement (Jagged Peak Energy Inc.), Credit Agreement (Jagged Peak Energy Inc.), Credit Agreement (Jagged Peak Energy Inc.)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its branches and Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 5 contracts
Samples: Credit Agreement (TechTarget, Inc.), Credit Agreement (TechTarget Holdings Inc.), Credit Agreement (Moneylion Inc.)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity under this Agreement and the other Loan Documents as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 5 contracts
Samples: Credit Agreement (Hexcel Corp /De/), Credit Agreement (Dollar Tree, Inc.), Credit Agreement (Hexcel Corp /De/)
Rights as a Lender. The Any Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender or an Issuing Bank as any other Lender or Issuing Bank and may exercise the same as though it were not the Administrative Agent, and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Company or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person it were not the Administrative Agent hereunder and without any duty to account therefor to the LendersLenders or Issuing Banks.
Appears in 4 contracts
Samples: Credit Agreement (Agilent Technologies, Inc.), Credit Agreement (Agilent Technologies Inc), Credit Agreement (Agilent Technologies Inc)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall, if applicable, have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity, if applicable. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 4 contracts
Samples: Credit Agreement (Atlas Corp.), Credit Agreement (Atlas Corp.), Credit Agreement (Atlas Corp.)
Rights as a Lender. The If any Person serving as the Administrative Agent hereunder will is or becomes a Lender, it shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 4 contracts
Samples: Credit Agreement (Cemex Sab De Cv), Credit Agreement (Cemex Sab De Cv), Credit Agreement (Cemex Sab De Cv)
Rights as a Lender. The Person serving as the Administrative Agent and/or the Collateral Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent or the Collateral Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent or the Collateral Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrowers or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 4 contracts
Samples: Credit Agreement (Host Hotels & Resorts L.P.), Credit Agreement (Host Hotels & Resorts L.P.), Credit Agreement (Host Hotels & Resorts, Inc.)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requiresrequires or the Administrative Agent is not a Lender hereunder, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 3 contracts
Samples: Revolving Loan and Letter of Credit Facility Agreement (Fluor Corp), Credit Agreement (Fluor Corp), Credit Agreement (Fluor Corp)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will have has the same rights and powers in its capacity as a Lender as any other Lender Lender, if applicable, and may exercise the same as though it were not the Administrative Agent, and the term “Lender” or “Lenders” willincludes, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent capacity, if such Person is a Lender. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 3 contracts
Samples: Term Loan Agreement (Petroquest Energy Inc), Multidraw Term Loan Agreement (Petroquest Energy Inc), Term Loan Agreement (Petroquest Energy Inc)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise or refrain from exercising the same as though it were not the Administrative Agent, and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Ani Pharmaceuticals Inc), Credit Agreement (Ani Pharmaceuticals Inc)
Rights as a Lender. The Person serving as the Administrative an Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, an Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent, the Syndication Agent or Co-Documentation Agent (as applicable) hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Quicksilver Gas Services LP), Credit Agreement (Quicksilver Gas Services LP)
Rights as a Lender. The Person person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender or an LC Issuer as any other Lender or LC Issuer and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with any of the Borrower, the other Obligors Borrowers or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person person were not the Administrative Agent hereunder and without any duty to account therefor to the LendersLenders or any LC Issuer.
Appears in 2 contracts
Samples: Credit Agreement (Hartford Financial Services Group Inc/De), Five Year Revolving Credit Facility Agreement (Hartford Financial Services Group Inc/De)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers and same duties and obligations in its capacity as a Lender as any other Lender and may exercise and be subject to the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Fidelity National Financial, Inc.), Credit Agreement (Fidelity National Financial, Inc.)
Rights as a Lender. The Each Person serving as the Administrative an Agent or Depositary Bank hereunder will or under any other Financing Document shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agentan Agent or Depositary Bank, and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requiresrequires otherwise, include the such Person serving as the Administrative such Agent or Depositary Bank hereunder in its individual capacity to the extent such Person is a as Lender. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower, the other Obligors any Loan Party or any subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative an Agent hereunder and without any duty to account therefor to the LendersSecured Parties.
Appears in 2 contracts
Samples: Credit Agreement (Avangrid, Inc.), Credit Agreement (Avangrid, Inc.)
Rights as a Lender. The Person Such Persons serving as the Administrative Agent hereunder will shall each have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “"Lender” " or “"Lenders” will" shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person Persons serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person Persons and its their Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower, the other Obligors Borrower or any Restricted Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Extraction Oil & Gas, Inc.), Credit Agreement (Extraction Oil & Gas, Inc.)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requiresrequires or the Administrative Agent is not a Lender hereunder, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Company or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Revolving Loan and Letter of Credit Facility Agreement (Fluor Corp), Revolving Loan and Letter of Credit Facility Agreement (Fluor Corp)
Rights as a Lender. The Person serving as an Agent or the Administrative Agent Issuing Bank hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent or the Administrative Agent, Issuing Bank and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an Agent or the Administrative Agent Issuing Bank hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not an Agent or the Administrative Agent Issuing Bank hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Willbros Group, Inc.\NEW\), Credit Agreement (Willbros Group Inc)
Rights as a Lender. The Person Persons serving as the Administrative Agent Agents hereunder will shall have the same rights and powers in its their capacity as a Lender as any other Lender and may exercise the same as though it they were not the Administrative Agent, Agent or the Collateral Agent and the term terms “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent or the Collateral Agent, as applicable, hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Loan Parties or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent, as applicable, hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Term Loan Agreement (Coldwater Creek Inc), Credit Agreement (Coldwater Creek Inc)
Rights as a Lender. The If the Person serving as the Administrative Agent hereunder will is also a Lender, such Person shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Restricted Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (CoreCivic, Inc.), Credit Agreement (CoreCivic, Inc.)
Rights as a Lender. The Any Person serving as the Administrative Agent hereunder will or under the Loan Documents shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the each Person serving as the Administrative Agent hereunder or under the Loan Documents in its individual capacity to the extent such Person is a Lendercapacity. Such Any Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors or any other Subsidiaries or Borrower and its Affiliates of the Obligors as if such Person were not the Administrative Agent hereunder or under the Loan Documents and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Sustainability Linked Revolving Credit Agreement (Vesta Real Estate Corporation, S.A.B. De C.V.), Sustainability Linked Revolving Credit Agreement (Vesta Real Estate Corporation, S.A.B. De C.V.)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender or an Issuing Bank as any other Lender or Issuing Bank and may exercise the same as though it were not the Administrative Agent, and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Company or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person it were not the Administrative Agent hereunder and without any duty to account therefor to the LendersLenders or Issuing Banks.
Appears in 2 contracts
Samples: Credit Facility Agreement (Xylem Inc.), Five Year Revolving Credit Facility Agreement (Xylem Inc.)
Rights as a Lender. The Any Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender or an Issuing Bank as any other Lender or Issuing Bank and may exercise the same as though it were not the Administrative Agent, and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, the Borrower, the other Obligors or with any other Subsidiaries or Affiliates member of the Obligors Consolidated Group or other Affiliate thereof as if such Person it were not the Administrative Agent hereunder and without any duty to account therefor to the LendersLenders or Issuing Banks.
Appears in 2 contracts
Samples: Credit Agreement (Keysight Technologies, Inc.), Credit Agreement (Agilent Technologies Inc)
Rights as a Lender. The Person serving as the Administrative Agent and as a Security Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent or a Security Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent or a Security Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business withwith Holdings, the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent or a Security Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (SunEdison Semiconductor LTD), Credit Agreement (SunEdison Semiconductor LTD)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to capacity. Each of the extent such Person is a Lender. Such Person Administrative Agent, each Lender and its their respective Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the LendersLenders or to provide notice to or consent of the Lenders with respect thereto.
Appears in 2 contracts
Samples: Credit Agreement (UL Solutions Inc.), Credit Agreement (UL Inc.)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender Lender, if such Person is a Lender, as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Loan and Security Agreement (Great Lakes Dredge & Dock CORP), Loan and Security Agreement (Great Lakes Dredge & Dock CORP)
Rights as a Lender. The Person Persons serving as the Administrative Agent and Collateral Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent or Collateral Agent, and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent and Collateral Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower, the other Obligors Borrower or any other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent or Collateral Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Bloom Energy Corp), Credit Agreement (Bloom Energy Corp)
Rights as a Lender. The Person serving as the Administrative Agent or the Collateral Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent or the Collateral Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent or the Collateral Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, the Borrower, the other Obligors with any Loan Party or any other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Loan and Security Agreement (Metals Usa Holdings Corp.), Loan and Security Agreement (FLAG INTERMEDIATE HOLDINGS Corp)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender under the Loans Documents as any other Lender and may exercise or refrains from exercising the same as though it were not the Administrative acting as Agent, and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, invest in, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders, and such Person and its Affiliates may accept fees and other consideration from Borrower for services in connection with this Agreement or otherwise without having to account for the same to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Earthstone Energy Inc), Credit Agreement (Earthstone Energy Inc)
Rights as a Lender. The Person serving as the Administrative Agent and Collateral Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and Collateral Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent and Collateral Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent and Collateral Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Carters Inc), Credit Agreement (Carter William Co)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender or an Issuing Lender as any other Lender or Issuing Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders or the Issuing Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Legg Mason, Inc.), Credit Agreement (Legg Mason, Inc.)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is as a Lender, if applicable. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Rights as a Lender. The Person serving as the Administrative Agent and Collateral Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and Collateral Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent and Collateral Agent hereunder in its individual capacity to the extent such Person is as a Lender. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business withwith Holdings, the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent and Collateral Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Second Lien Term Credit Agreement (Foamex International Inc)
Rights as a Lender. The Person Persons serving as the Administrative Agent Agents hereunder will shall have the same rights and powers in its their capacity as a Lender as any other Lender and may exercise the same as though it they were not the Administrative Agent, Agent or the Collateral Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent or the Collateral Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Loan Parties or any Restricted -129- Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Asset Based Revolving Credit Agreement (Keane Group, Inc.)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender or an Issuing Bank as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender”, “Lenders” or “LendersIssuing Bank” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the LendersLenders or the Issuing Banks.
Appears in 1 contract
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such HOUSTON\2067330.8 -74- Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender under the Loans Documents as any other Lender and may exercise or refrains from exercising the same as though it were not acting as the Administrative Agent, and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, invest in, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders, and such Person and its Affiliates may accept fees and other consideration from Borrower for services in connection with this Agreement or otherwise without having to account for the same to the Lenders.
Appears in 1 contract
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender or an Issuing Bank as any other Lender or Issuing Bank and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the LendersLenders or the Issuing Banks.
Appears in 1 contract
Samples: Amendment No. 1 and Agreement (Omega Acquisition, Inc.)
Rights as a Lender. The Person serving as the Administrative Agent or the Collateral Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent or the Collateral Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent or the Collateral Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity capacity, if applicable, as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include include, if applicable, the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, own securities of, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business withwith Holdings, the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Credit Agreement (Atlas Technical Consultants, Inc.)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its NYDOCS02/1166703 75 individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, the Borrower, the other Obligors with any Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Credit Agreement (Marsh & McLennan Companies, Inc.)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless CHAR1\1346423v112 otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of banking, trust, financial, advisory, underwriting or other business with, the Borrower, the other Obligors with EWI or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the LendersLenders or to provide notice to or consent of the Lenders with respect thereto.
Appears in 1 contract
Rights as a Lender. The Person serving as the Administrative Agent or the Collateral Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the Borrower or Subsidiary or other Obligors or any other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent or Collateral Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Credit Agreement (Hannon Armstrong Sustainable Infrastructure Capital, Inc.)
Rights as a Lender. The Person serving as the Administrative Agent or the Collateral Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent or the Collateral Agent and the term “"Lender” " or “"Lenders” will" shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent or the Collateral Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Rights as a Lender. The Person serving as the Administrative an Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, an Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative an Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in |US-DOCS\126402975.16140630557.8|| any other advisory capacity for, for and generally engage in any kind of business with, the Borrower, the other Obligors with Holdings or any other of its Subsidiaries or Affiliates of the Obligors other Affiliate thereof as if such Person were not the Administrative an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Credit Agreement (APi Group Corp)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to capacity. Each of the extent such Person is a Lender. Such Person Administrative Agent, each Lender and its their respective Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, the Borrower, the other Obligors or any other Subsidiaries or Affiliates of the Obligors as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Credit Agreement (UL Solutions Inc.)
Rights as a Lender. The Person serving as the First Lien Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the First Lien Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the First Lien Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, own securities of, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the First Lien Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: First Lien Credit Agreement (Brigham Minerals, Inc.)
Rights as a Lender. The Person serving as the Administrative Agent Facility Servicer hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative AgentFacility Servicer, and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent Facility Servicer hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the BorrowerBorrower and Holdings, the other Obligors or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent Facility Servicer hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Loan and Servicing Agreement (Stepstone Private Credit Fund LLC)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lender. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as 744209099 20664705 the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Credit Agreement (AssetMark Financial Holdings, Inc.)
Rights as a Lender. The If any Person serving as the Administrative Agent hereunder will is or becomes a Lender, it shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Rights as a Lender. The Any Person serving as the Administrative Agent hereunder will or under the Loan Documents shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the each Person serving as the Administrative Agent hereunder or under the Loan Documents in its individual capacity to the extent capacity, and each such Person is a Lender. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, the Borrower, the other Obligors or any other Subsidiaries or with Borrower and its Affiliates of the Obligors as if such Person were not the Administrative Agent hereunder or under the Loan Documents and without any duty to account therefor to the Lenders.
Appears in 1 contract
Rights as a Lender. The Person serving as the Administrative Agent and Collateral Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and Collateral Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent and Collateral Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, the Borrower, the other Obligors with Holdings or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent and Collateral Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” will140760.01015/104831797v.13 shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (HMS Income Fund, Inc.)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless 243071545v.24 otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with any of the Borrower, the other Obligors Borrowers or any other their respective Subsidiaries or Affiliates of the Obligors other Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless 364-DAY CREDIT AGREEMENT the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Company or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: 364 Day Credit Agreement (Stanley Black & Decker, Inc.)
Rights as a Lender. The Person serving as the Administrative Agent and Collateral Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent or the Collateral Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent and Collateral Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders..
Appears in 1 contract
Rights as a Lender. The Person Persons serving as the Administrative Agent or the Arranger hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent or the Arranger and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the each Person serving as the Administrative Agent or Arranger hereunder in its individual capacity to the extent capacity. Each such Person is a Lender. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent or the Arranger hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Credit Agreement (New Enterprise Stone & Lime Co., Inc.)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender”, “Lenders”, “Term Lender” or “LendersRevolving Lender” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Restricted Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Multicurrency Credit Agreement (Cleveland Cliffs Inc)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as 116 CHAR1\1550647v12 the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, the Borrower, the other Obligors with any Loan Party or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term ““Lender”” or ““Lenders”” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Rights as a Lender. The Person serving as the Administrative an Agent or an Issuing Bank hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, an Agent or an Issuing Bank and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative an Agent or an Issuing Bank hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative an Agent or an Issuing Bank hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its Exhibit A-116 individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, the Borrower, the other Obligors with Lead Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: First Lien Term Loan Credit Agreement (VERRA MOBILITY Corp)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” will, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to capacity. Each of the extent such Person is a Lender. Such Person Administrative Agent, the Syndication Agents and its their respective Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Company or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent or a Syndication Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Credit Agreement (Starbucks Corp)
Rights as a Lender. The Person Persons serving as the Administrative Agent Agents hereunder will shall have the same rights and powers in its their capacity as a Lender as any other Lender and may exercise the same as though it they were not the Administrative Agent, Agent or the Collateral Agent and the term “"Lender” " or “"Lenders” will" shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent or the Collateral Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Loan Parties or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Rights as a Lender. The Person serving as the Administrative Agent and Collateral Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and Collateral Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent and Collateral Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business withwith Holdings, the Borrower, the other Obligors Borrowers or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent and Collateral Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Rights as a Lender. The Person serving as the Administrative Agent and Collateral Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and Collateral Agent and the term “"Lender” " or “"Lenders” will" shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent and Collateral Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business withwith Holdings, the Borrower, the other Obligors Borrowers or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent and Collateral Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers and obligations in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “Swingline Lender”, “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Credit Agreement
Rights as a Lender. The Person serving as the Administrative Agent and Collateral Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent or Collateral Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent and Collateral Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent or Collateral Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Credit Agreement (Tetra Tech Inc)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term “Lender” or “Lenders” will, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is as a Lender. Such The Lenders acknowledge and agree that such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower, the other Obligors or any other Subsidiaries or Affiliates of the Obligors as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Credit Agreement (Vapotherm Inc)
Rights as a Lender. The Person Persons serving as the Administrative Agent Agents hereunder will shall have the same rights and powers in its their capacity as a Lender as any other Lender and may exercise the same as though it they were not the Administrative Agent, Agent or the Collateral Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent or the Collateral Agent hereunder in its individual capacity to the extent such Person is as a Lender. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Loan Parties or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Credit Agreement (Wet Seal Inc)
Rights as a Lender. The If the Person serving as the Administrative Agent hereunder will is also a Lender, such Person shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the each Person serving or named as the Administrative Agent hereunder in its such Person’s individual capacity to the extent such Person is a Lendercapacity. Such Person Persons and its their Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, the Borrower, the other Obligors with GEO or any other of its Subsidiaries or other Affiliates of the Obligors as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Credit Agreement (Geo Group Inc)
Rights as a Lender. The Person serving as the Administrative Agent or as a Collateral Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent or a Collateral Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent or a Collateral Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent or a Collateral Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Credit Agreement (Trex Co Inc)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder CHAR1\1807067v5 in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Rights as a Lender. The Each Person serving as the an Applicable Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the an Applicable Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the each Person serving as the an Applicable Administrative Agent hereunder in its individual capacity to the extent such Person is as a Lender. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, the Borrower, the other Obligors with any Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the an Applicable Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Credit Agreement (Acco Brands Corp)
Rights as a Lender. The Person serving as the Administrative Agent and Collateral Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and Collateral Agent and the term “Lender” or ““ Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent and Collateral Agent hereunder in its individual capacity to the extent such Person is as a Lender. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business withwith Holdings, the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent and Collateral Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: First Lien Term Credit Agreement (Foamex International Inc)
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend DWT 16166918v15 4900000-001225 money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Rights as a Lender. The Person serving as the Administrative Agent and Collateral Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and Collateral Agent and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent and Collateral Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, the Borrower, the other Obligors with Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent and Collateral Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract
Rights as a Lender. The Person serving as the Administrative Agent hereunder will shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise 90731114_8 the same as though it were not the Administrative Agent, and the term “Lender” or “Lenders” willshall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Administrative Agent hereunder in its individual capacity to the extent such Person is a Lendercapacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower, the other Obligors Borrower or any Subsidiary or other Subsidiaries or Affiliates of the Obligors Affiliate thereof as if such Person were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 1 contract