Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 57 contracts
Samples: Credit Agreement (Dollar General Corp), Credit Agreement (Gatx Corp), Credit Agreement (EMCOR Group, Inc.)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 Loan Parties or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 49 contracts
Samples: Term Loan Credit Agreement (Lands' End, Inc.), Term Loan Credit Agreement (Lands' End, Inc.), Credit Agreement (Vince Holding Corp.)
Rights as a Lender. The Person Each person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person each person serving as the an Agent hereunder in its individual capacity. 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, the with Borrower or any Subsidiary or other Affiliate thereof as if such Person person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 44 contracts
Samples: Second Lien Credit Agreement (CPI International Holding Corp.), Credit Agreement (21st Century Oncology Holdings, Inc.), Credit Agreement (CSG Systems International Inc)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 with Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 42 contracts
Samples: Credit Agreement (Resmed Inc), Syndicated Facility Agreement and Unconditional Guaranty (Resmed Inc), Credit Agreement
Rights as a Lender. The Person serving as the Agent hereunder 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 they were not the Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 Loan Parties or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 33 contracts
Samples: Credit Agreement (Abercrombie & Fitch Co /De/), Credit Agreement (Tilly's, Inc.), Credit Agreement (Abercrombie & Fitch Co /De/)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 Company or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 22 contracts
Samples: Credit Agreement (CNO Financial Group, Inc.), Credit Agreement (CNO Financial Group, Inc.), Credit Agreement (NMI Holdings, Inc.)
Rights as a Lender. The Person serving as the Agent hereunder 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 they were not the Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 Loan Parties or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 19 contracts
Samples: Credit Agreement (Kirkland's, Inc), Term Loan Credit Agreement (Kirkland's, Inc), Credit Agreement (Lovesac Co)
Rights as a Lender. The Any Person serving as the an Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender Lender, and may exercise the same as though it were not the an Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the a Person serving as the an Agent hereunder in its individual capacity. 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 or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 19 contracts
Samples: Term Loan Credit Agreement (Summit Midstream Partners, LP), Term Loan Credit Agreement (Summit Midstream Partners, LP), Purchase Agreement (Summit Midstream Partners, LP)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 Parent Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 16 contracts
Samples: Fourth Amended and Restated Revolving Credit Agreement (Gap Inc), Revolving Credit Agreement (Gap Inc), Revolving Credit Agreement (Gap Inc)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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, any member of the Borrower or any Subsidiary Consolidated Group or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 15 contracts
Samples: Fifth Amendment to Credit Agreement (Science Applications International Corp), Credit Agreement (Science Applications International Corp), Credit Agreement (Science Applications International Corp)
Rights as a Lender. The Each Person serving as the an Agent hereunder 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 Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person Persons serving as the an Agent hereunder in its individual capacity. 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, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person Persons were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 15 contracts
Samples: Revolving Credit Facility (CNX Resources Corp), Revolving Credit Facility (CNX Resources Corp), Credit Agreement (CONSOL Energy Inc.)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 15 contracts
Samples: Credit Agreement (Reaves Utility Income Fund), Credit Agreement (Td Synnex Corp), Credit Agreement (Td Synnex Corp)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 14 contracts
Samples: Senior Secured Super Priority Debtor in Possession Credit Agreement (Gulfport Energy Corp), Restructuring Support Agreement (Gulfport Energy Corp), Credit Agreement (Gulfport Energy Corp)
Rights as a Lender. The Person serving as the Collateral Agent hereunder 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 Agent, Collateral Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Collateral Agent hereunder in its individual capacity. 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 with Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Collateral Agent hereunder and without any duty to account therefor to the Lendersany Lender.
Appears in 13 contracts
Samples: Loan Agreement (Coherus BioSciences, Inc.), Sixteenth Amendment (LumiraDx LTD), Fifteenth Amendment (LumiraDx LTD)
Rights as a Lender. The Any Person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 13 contracts
Samples: Credit Agreement (E2open Parent Holdings, Inc.), First Lien Credit Agreement (Franchise Group, Inc.), Second Lien Credit Agreement (Franchise Group, Inc.)
Rights as a Lender. The Person Each person serving as the an Agent hereunder 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 Agent, an Agent and the term “"Lender” " or “"Lenders” " shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person each person serving as the an Agent hereunder in its individual capacity. 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, the with Borrower or any Subsidiary or other Affiliate thereof as if such Person person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 12 contracts
Samples: Credit Agreement (Kendle International Inc), Credit Agreement (Regency Energy Partners LP), Credit Agreement (Samsonite Corp/Fl)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 Borrowers or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 12 contracts
Samples: Credit Agreement (Jabil Inc), Credit Agreement (Corning Inc /Ny), Credit Agreement (Jabil Inc)
Rights as a Lender. The Any Person serving as the an Agent hereunder shall have the same rights and powers in its capacity as a Lender (if applicable) as any other Lender and may exercise the same as though it were not the an Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the such Agent hereunder in its individual capacity. 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 with Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 10 contracts
Samples: Credit Agreement (Boyd Gaming Corp), Credit Agreement (Wynn Resorts LTD), Credit Agreement (Wynn Resorts LTD)
Rights as a Lender. The Person serving as the Collateral Agent hereunder 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 Agent, Collateral Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Collateral Agent hereunder in its individual capacity. 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 with Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Collateral Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 10 contracts
Samples: Loan Agreement, Loan Agreement (Collegium Pharmaceutical, Inc), Loan Agreement (Global Blood Therapeutics, Inc.)
Rights as a Lender. The Person serving as the Each Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the such Agent hereunder in its individual capacity. 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 Parent Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 9 contracts
Samples: Credit Agreement (Live Nation Entertainment, Inc.), Credit Agreement (Live Nation Entertainment, Inc.), Credit Agreement (Live Nation Entertainment, Inc.)
Rights as a Lender. The Any Person serving as the an Agent hereunder 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 Agent, such Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the such Person serving as the an Agent hereunder in its individual capacity. 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 with any Loan Party or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 8 contracts
Samples: Third Amendment and Restatement Agreement (Targa Resources Partners LP), Second Amendment and Restatement Agreement (Targa Resources Partners LP), Credit Agreement (Targa Resources Partners LP)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 with any Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 8 contracts
Samples: Credit Agreement (Alexander & Baldwin, Inc.), Credit Agreement (Alexander & Baldwin, Inc.), Credit Agreement (Alexander & Baldwin, Inc.)
Rights as a Lender. The Each Person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the each Person serving as the an Agent hereunder in its individual capacity. 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 or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 8 contracts
Samples: Credit Agreement (Davita Inc.), Credit Agreement (Davita Inc.), Credit Agreement
Rights as a Lender. The Person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the an Agent hereunder in its individual capacity. 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 or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 8 contracts
Samples: Superpriority Secured Debtor in Possession Credit Agreement (Intelsat S.A.), Superpriority Secured Debtor in Possession Credit Agreement (Intelsat S.A.), Superpriority Secured Debtor in Possession Credit Agreement (Intelsat S.A.)
Rights as a Lender. The Person serving as the Each Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the such Agent hereunder in its individual capacity. 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 or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 8 contracts
Samples: Revolving Credit Agreement (Akumin Inc.), Revolving Credit Agreement (Akumin Inc.), Revolving Credit Agreement (Akumin Inc.)
Rights as a Lender. The Person serving as the an Agent hereunder 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 Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the an Agent hereunder in its individual capacity. 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 Borrowers or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 7 contracts
Samples: Five Year Credit Agreement (Honeywell International Inc), Five Year Credit Agreement (Honeywell International Inc), Five Year Credit Agreement (Honeywell International Inc)
Rights as a Lender. The Each Person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the each Person serving as the an Agent hereunder in its individual capacity. 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 with any Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 7 contracts
Samples: Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.), Credit and Guaranty Agreement (PLBY Group, Inc.)
Rights as a Lender. The Each Person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the such Agent hereunder in its individual capacity. 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 Loan Parties or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 7 contracts
Samples: Senior Secured Syndicated Facility Agreement (Genesee & Wyoming Inc), Senior Secured Syndicated Facility Agreement (Genesee & Wyoming Inc), Senior Secured Syndicated Facility Agreement (Genesee & Wyoming Inc)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requiresindicated, include the Person serving as the Agent hereunder in its individual capacity. 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 or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 7 contracts
Samples: Five Year Credit Agreement (United Parcel Service Inc), Five Year Credit Agreement (United Parcel Service Inc), 364 Day Credit Agreement (United Parcel Service Inc)
Rights as a Lender. The Each Person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the each Person serving as the an Agent hereunder in its individual capacity. 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 Borrowers or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 6 contracts
Samples: Revolving Syndicated Facility Agreement (Tronox LTD), Revolving Syndicated Facility Agreement (Tronox LTD), Revolving Syndicated Facility Agreement (Tronox LTD)
Rights as a Lender. The Each Person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the each Person serving as the an Agent hereunder in its individual capacity. 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 or any Subsidiary of the Borrower or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 6 contracts
Samples: Credit Agreement (Ebix Inc), Credit Agreement (Ebix Inc), Credit Agreement (Ebix Inc)
Rights as a Lender. The Person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the an Agent hereunder in its individual capacity. 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 with Holdings or any Subsidiary of its Subsidiaries or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 6 contracts
Samples: Credit Agreement (Acuren Corp), Credit Agreement (APi Group Corp), Credit Agreement (APi Group Corp)
Rights as a Lender. The Person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the an Agent hereunder in its individual capacity. 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 with ESI or any Subsidiary of its Subsidiaries or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 6 contracts
Samples: Credit Agreement (Element Solutions Inc), Credit Agreement (Element Solutions Inc), Credit Agreement (Element Solutions Inc)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “"Lender” " or “"Lenders” " shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 6 contracts
Samples: Credit Agreement (MV Partners LLC), Credit Agreement (Maine & Maritimes Corp), Credit Agreement (Maine & Maritimes Corp)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 any Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 6 contracts
Samples: Credit Agreement (International Flavors & Fragrances Inc), Credit Agreement (Mirae Asset Discovery Funds), Credit Agreement (Mirae Asset Discovery Funds)
Rights as a Lender. The Any Person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “the Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the an Agent hereunder in its individual capacity. 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 or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Waste Connections, Inc.), Revolving Credit and Term Loan Agreement (Waste Connections, Inc.), Revolving Credit and Term Loan Agreement (Waste Connections, Inc.)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “"Lender” " or “"Lenders” " shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 5 contracts
Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp), Credit Agreement (Chattem Inc)
Rights as a Lender. The Person Each person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person each person serving as the an Agent hereunder in its individual capacity. 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, the with any Borrower or any Subsidiary or other Affiliate thereof as if such Person person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 5 contracts
Samples: Credit Agreement (Magnachip Semiconductor LLC), Credit Agreement (Magnachip Semiconductor LLC), Credit Agreement (MagnaChip Semiconductor LTD (United Kingdom))
Rights as a Lender. The Any Person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the each Person serving as the an Agent hereunder in its individual capacity. 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, the Borrower or with any Subsidiary or other Affiliate thereof Company and its Affiliates as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 5 contracts
Samples: Global Senior Credit Agreement (Prologis, L.P.), Global Senior Credit Agreement (Prologis, L.P.), Global Senior Credit Agreement (Prologis, L.P.)
Rights as a Lender. The Each Person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the an Agent hereunder in its individual capacity. Such Each 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 Company or any Restricted Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 5 contracts
Samples: Credit Agreement (Perspecta Inc.), Credit Agreement (Perspecta Inc.), Credit Agreement (Perspecta Inc.)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 5 contracts
Samples: Credit Agreement (Viasat Inc), Credit Agreement (Viasat Inc), Credit Agreement (Viasat Inc)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 4 contracts
Samples: Term Loan Agreement (Ca, Inc.), Credit Agreement (Ca, Inc.), Credit Agreement (Ca, Inc.)
Rights as a Lender. The If the Person serving as the an Agent hereunder also acts as a Lender hereunder, 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the an Agent hereunder in its individual capacity. Such Person Each Agent 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 with Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 4 contracts
Samples: Loan Agreement (Asac Ii Lp), Loan Agreement (Asac Ii Lp), Loan Agreement (Asac Ii Lp)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 Loan Parties or any Restricted Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 4 contracts
Samples: Credit Agreement (Torrid Holdings Inc.), Credit Agreement (Torrid Holdings Inc.), Credit Agreement (Torrid Holdings Inc.)
Rights as a Lender. The Any Person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the a Person serving as the an Agent hereunder in its individual capacity. 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 or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 4 contracts
Samples: Credit Agreement (DT Midstream, Inc.), Credit Agreement (DT Midstream, Inc.), Credit Agreement (DT Midstream, Inc.)
Rights as a Lender. (a) The Person serving as the Agent hereunder 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 Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 any Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 4 contracts
Samples: Credit Agreement (International Flavors & Fragrances Inc), Credit Agreement (International Flavors & Fragrances Inc), Credit Agreement (International Flavors & Fragrances Inc)
Rights as a Lender. The Person serving as the Each Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the such Agent hereunder in its individual capacity. 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 or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 4 contracts
Samples: Credit Agreement (HSN, Inc.), Credit Agreement (Interval Leisure Group, Inc.), Credit Agreement (Interval Leisure Group, Inc.)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 4 contracts
Samples: Term Loan Credit Agreement (DXC Technology Co), Term Loan Agreement (Enable Midstream Partners, LP), Revolving Credit Agreement (Enable Midstream Partners, LP)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “"Lender” " or “"Lenders” " shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. Such Person and its Affiliates 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 or any Subsidiary or other any Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 4 contracts
Samples: Credit Agreement (Alexander & Baldwin Inc), Credit Agreement (Alexander & Baldwin Inc), Credit Agreement (Alexander & Baldwin Inc)
Rights as a Lender. The Person serving as the Each Agent hereunder 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 Agentan Agent hereunder, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the such Agent hereunder in its individual capacity. 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 or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 4 contracts
Samples: Credit Agreement (Turning Point Brands, Inc.), Credit Agreement (Post Holdings, Inc.), Credit Agreement (Turning Point Brands, Inc.)
Rights as a Lender. The Person Each person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person each person serving as the an Agent hereunder in its individual capacity. 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, the Borrower with Holdings or any Subsidiary or other Affiliate thereof as if such Person person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 4 contracts
Samples: Credit Agreement (Rovi Corp), Credit Agreement (NDS Group Holdings, LTD), Credit Agreement (Rovi Corp)
Rights as a Lender. The Any Person serving as the an Agent hereunder 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 Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the a Person serving as the an Agent hereunder in its individual capacity. 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 or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 4 contracts
Samples: Credit Agreement (Exelon Generation Co LLC), Credit Agreement (Potomac Electric Power Co), Credit Agreement (Coeur Mining, Inc.)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “"Lender” " or “"Lenders” " shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 Company or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 4 contracts
Samples: Credit Agreement (Susquehanna Media Co), Credit Agreement (Conseco Inc), Credit Agreement (Conseco Inc)
Rights as a Lender. The Each Person serving as the an Agent hereunder 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 Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person Persons serving as the an Agent hereunder in its individual capacity. Such Person Persons 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 or any Subsidiary or other Affiliate thereof as if such Person Persons were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 4 contracts
Samples: Credit Agreement (CONSOL Coal Resources LP), Credit Agreement (CONSOL Energy Inc.), Affiliated Company Credit Agreement (CONSOL Energy Inc.)
Rights as a Lender. The Each Person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the such Person serving as the an Agent hereunder in its individual capacity. 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 Borrowers or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 4 contracts
Samples: Credit Agreement (Colfax CORP), Credit Agreement (Colfax CORP), Credit Agreement (Colfax CORP)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 the Borrower Parent or any Subsidiary of its Subsidiaries or other any Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 3 contracts
Samples: Senior Secured Credit Agreement (Tucows Inc /Pa/), Senior Secured Credit Agreement (Tucows Inc /Pa/), Senior Secured Credit Agreement (Tucows Inc /Pa/)
Rights as a Lender. The Person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the an Agent hereunder in its individual capacity. 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 with PSP or any Subsidiary of its Subsidiaries or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 3 contracts
Samples: Credit Agreement (Element Solutions Inc), Amendment No. 9 (Platform Specialty Products Corp), Credit Agreement (Platform Specialty Products Corp)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 with Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 3 contracts
Samples: Credit Agreement (Littelfuse Inc /De), Credit Agreement (Littelfuse Inc /De), Loan Agreement (Littelfuse Inc /De)
Rights as a Lender. The Person Each person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person each person serving as the an Agent hereunder in its individual capacity. Such Person person and its Affiliates may accept deposits from, lend money to, own securities ofequity interests in, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, the with Borrower or any Subsidiary or other Affiliate thereof as if such Person person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 3 contracts
Samples: Credit Agreement (Stockbridge/Sbe Investment Company, LLC), Credit Agreement (Stockbridge/Sbe Investment Company, LLC), Credit Agreement (Revel Entertainment Group, LLC)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 Lead Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Rayonier Advanced Materials Inc.), Revolving Credit Agreement (Rayonier Advanced Materials Inc.), Revolving Credit Agreement (Rayonier Advanced Materials Inc.)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 with Parent Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 3 contracts
Samples: Senior Secured Credit Agreement (Neff Corp), Credit Agreement (Neff Rental Inc), Credit Agreement (Neff Rental Inc)
Rights as a Lender. The Each Person serving as the an Agent hereunder 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 Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the an Agent hereunder in its individual capacity. 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, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 3 contracts
Samples: Credit Agreement (Bats Global Markets, Inc.), Credit Agreement (BATS Global Markets, Inc.), Credit Agreement (BATS Global Markets, Inc.)
Rights as a Lender. The Person Each person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person each person serving as the an Agent hereunder in its individual capacity. 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 the Borrower Borrowers or any Subsidiary or other Affiliate thereof as if such Person person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 3 contracts
Samples: Senior Secured, Super Priority Debtor in Possession and Exit Option Credit Agreement (Linens N Things Inc), Credit Agreement (Linens N Things Inc), Credit Agreement (Linens N Things Inc)
Rights as a Lender. The Person serving as the Paying Agent hereunder 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 Agent, Paying Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Paying Agent hereunder in its individual capacity. 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 or any Subsidiary or other Affiliate thereof as if such Person were not the Paying Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 3 contracts
Samples: Credit Agreement (Kroger Co), Credit Agreement (Kroger Co), Credit Agreement (Kroger Co)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 the Borrower, the Borrower any Restricted Subsidiary or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 3 contracts
Samples: Credit Agreement (Rogers Communications Inc), Loan Agreement (Rogers Communications Inc), Credit Agreement (Rogers Communications Inc)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 or any Subsidiary of the Borrower or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 3 contracts
Samples: Loan and Security Agreement (Guardian Pharmacy Services, Inc.), Loan and Security Agreement (Guardian Pharmacy Services, Inc.), Loan and Security Agreement (Guardian Pharmacy Services, Inc.)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, and the term “"Lender” " or “"Lenders” " shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 Loan Parties or any Subsidiary or other Affiliate thereof thereof, all as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 3 contracts
Samples: Credit Agreement (McEwen Mining Inc.), Credit Agreement (McEwen Mining Inc.), Credit Agreement (McEwen Mining Inc.)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 Company or any Subsidiary or other Affiliate thereof as if such Person were not the 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 3 contracts
Samples: Credit Agreement (Littelfuse Inc /De), Credit Agreement (Littelfuse Inc /De), Credit Agreement (Littelfuse Inc /De)
Rights as a Lender. The Person serving as the Any Agent hereunder 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 Agentan Agent hereunder, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the such Agent hereunder in its individual capacity. 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 Parent Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 3 contracts
Samples: Credit Agreement (NPC Restaurant Holdings, LLC), Credit Agreement (NPC Restaurant Holdings, LLC), Credit Agreement (NPC Operating Co B, Inc.)
Rights as a Lender. The Each Person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the an Agent hereunder in its individual capacity. 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 with any Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 3 contracts
Samples: Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 with Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Quidel Corp /De/), Credit Agreement (Quidel Corp /De/)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 the Company, the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the 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 (CBIZ, Inc.), Credit Agreement (CBIZ, Inc.)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 Parent or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Ambac Financial Group Inc), Credit Agreement (Genworth Financial Inc)
Rights as a Lender. The Any Person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the each Person serving as the an Agent hereunder in its individual capacity. 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, the Borrower or any Subsidiary or other with ProLogis and its Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Global Senior Credit Agreement (Prologis), Global Senior Credit Agreement (Prologis)
Rights as a Lender. The Person Persons serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person Persons serving as the an Agent hereunder in its individual capacity. 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 with any Loan Party or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Timken Co), Credit Agreement (Timken Co)
Rights as a Lender. The Person Persons serving as the Agent Agents hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person Persons serving as the Agent Agents hereunder in its their individual capacity. 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 with Company or any Subsidiary or other Affiliate thereof as if such Person Persons were not the Agent Agents hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Decrane Aircraft Holdings Inc), Credit Agreement (Decrane Holdings Co)
Rights as a Lender. The Any Person serving as the any Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the such Agent hereunder in its individual capacity. 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 or any Subsidiary subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: First Lien Amending Agreement (CPI Card Group Inc.), First Lien Credit Agreement (CPI Card Group Inc.)
Rights as a Lender. The Person Each person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person each person serving as the an Agent hereunder in its individual capacity. 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, the with a Borrower or any Subsidiary or other Affiliate thereof as if such Person person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Facility Agreement, Facility Agreement (Equinix Inc)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Loan, Guaranty and Security Agreement (Terawulf Inc.), Loan, Guaranty and Security Agreement (Terawulf Inc.)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 Loan Parties or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Macy's, Inc.), Credit Agreement (Macy's, Inc.)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 the Borrower, the Borrower any Guarantor or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Revolving Credit Agreement, Revolving Credit Agreement (Solarcity Corp)
Rights as a Lender. The Person serving as the Agent hereunder 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 they were not the Agent, Agent and the term terms “Revolving Lender” or “Revolving Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 Loan Parties or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Floor & Decor Holdings, Inc.), Credit Agreement (FDO Holdings, Inc.)
Rights as a Lender. The Any Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the any Person serving as the Agent hereunder in its individual capacity. Such Any 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 with Airgas or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Airgas Inc), Credit Agreement (Airgas Inc)
Rights as a Lender. The Person serving as the Agent hereunder 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 they were not the Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 Obligor or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Pacific Sunwear of California Inc), Credit Agreement (Pacific Sunwear of California Inc)
Rights as a Lender. The Person Each person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person each person serving as the an Agent hereunder in its individual capacity. 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, the Borrower with Borrowers or any Subsidiary or other Affiliate thereof as if such Person person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Senior Secured Revolving Credit Agreement (PBF Holding Co LLC), Credit Agreement (Verasun Energy Corp)
Rights as a Lender. The Each Person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the each Person serving as the an Agent hereunder in its individual capacity. 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 with Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Senior Secured Credit Agreement (Lifetime Brands, Inc), Senior Secured Credit Agreement (Lifetime Brands, Inc)
Rights as a Lender. The Person Persons serving as the Agent Agents hereunder each 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person Persons serving as the Agent Agents hereunder in its individual capacity. 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 with any Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Term Loan Agreement (LSB Industries Inc), Term Loan Agreement (LSB Industries Inc)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 any Borrower, the Borrower any Fund Manager or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: 364 Day Credit Agreement (Huntington Funds), 364 Day Credit Agreement (Huntington Funds)
Rights as a Lender. The Person Each person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person each person serving as the an Agent hereunder in its individual capacity. 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 the Borrower or any Subsidiary or other Affiliate thereof as if such Person person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Davita Inc), Credit Agreement (Davita Inc)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “"Lender” " or “"Lenders” " shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 with Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Ashton Houston Residential L.L.C.), Credit Agreement (Black Amber Florida, Inc.)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 Borrowers or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Five Year Credit Agreement (Honeywell International Inc), Five Year Credit Agreement (Honeywell International Inc)
Rights as a Lender. The Person Each person serving as the an Agent hereunder 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 Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person person serving as the an Agent hereunder in its individual capacity. 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, and generally engage in any kind of business with, Holdings, the Borrower or any other Subsidiary or other Affiliate thereof as if such Person person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (AssetMark Financial Holdings, Inc.), Credit Agreement (AssetMark Financial Holdings, Inc.)
Rights as a Lender. The Person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the an Agent hereunder in its individual capacity. 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 or any Subsidiary or other Affiliate thereof as if such Person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (MacDermid Group Inc.), Credit Agreement (MacDermid Group Inc.)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 with a Borrower or any Subsidiary of the U.S. Borrower or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Vishay Precision Group, Inc.), Credit Agreement (Vishay Precision Group, Inc.)
Rights as a Lender. The Person serving as the Agent hereunder 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 Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 Company or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Term Loan Credit Agreement (Computer Sciences Corp), Credit Agreement (Computer Sciences Corp)
Rights as a Lender. The If the Person serving as the Agent hereunder is also a Lender, then 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 they were not the Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 Loan Parties or any Subsidiary or other Affiliate thereof as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Rh), Credit Agreement (Rh)
Rights as a Lender. The Person serving as the Agent hereunder shall 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 Agent, and the term “Lender” or “Lenders” shallwill, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Agent hereunder in its individual capacity. 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 or any Subsidiary or other Affiliate thereof of its Affiliates as if such Person were not the Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement and Guaranty (Adma Biologics, Inc.), Credit Agreement (Adma Biologics, Inc.)
Rights as a Lender. The Person Each person serving as the an Agent hereunder 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 Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person each person serving as the an Agent hereunder in its individual capacity. 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, and generally engage in any kind of business with, the Borrower or any Subsidiary or other Affiliate thereof as if such Person person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Hercules Offshore, Inc.), Credit Agreement (Hercules Offshore, Inc.)
Rights as a Lender. The Person Each person serving as the an Agent hereunder 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 Agent, an Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person each person serving as the an Agent hereunder in its individual capacity. 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, the with US Borrower or any Subsidiary or other Affiliate thereof as if such Person person were not the an Agent hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (SGS International, Inc.), Credit Agreement (Southern Graphic Systems, Inc.)
Rights as a Lender. The Person Persons serving as the Agent Agents hereunder 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 Agent, Agents and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person Persons serving as the Agent Agents hereunder in its individual capacity. 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 with Borrowers or any Subsidiary or other Affiliate thereof as if such Person Persons were not the Agent Agents hereunder and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Castle a M & Co), Credit Agreement (Castle a M & Co)