Rights as a Secured Party. The Person serving as the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Secured Party of any Class as any other Secured Party of such Class and may exercise the same as though it were not the Collateral Agent and the term “Secured Party”, “Secured Parties”, “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Additional Secured Party” or “Additional Secured Parties”, as applicable, shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Collateral Agent hereunder in its individual capacity. The Person serving as the Collateral Agent and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company 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 any other Secured Party.
Appears in 4 contracts
Samples: Credit Agreement (Healthsouth Corp), Credit Agreement (Healthsouth Corp), Credit Agreement (Healthsouth Corp)
Rights as a Secured Party. The Person serving as the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Secured Party under any series of any Class Secured Obligations that it holds as any other Secured Party of such Class series and may exercise the same as though it were not the Collateral Agent and the term “Secured Party”, ” or “Secured Parties”, ” or (as applicable) “Credit Agreement Notes Secured Party”, “Credit Agreement Notes Secured Parties”, “Additional Secured Party” or “Additional Secured Parties”, as applicable, shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Collateral Agent hereunder in its individual capacity. The Such Person serving as the Collateral Agent and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company 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 any other Secured Party.
Appears in 3 contracts
Samples: Security Agreement (United Rentals North America Inc), Security Agreement (United Rentals North America Inc), Security Agreement (United Rentals Inc /De)
Rights as a Secured Party. (a) The Person serving as the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Secured Party of any Class as any other Secured Party of such Class and may exercise the same as though it were not the Collateral Agent and the term “Secured Party”, “Secured Parties”, “Credit Agreement Indenture Secured Party”, “Credit Agreement Indenture Secured Parties”, “Additional Secured Party” or “Additional Secured Parties”, as applicable, shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Collateral Agent hereunder in its individual capacity. The Person serving as the Collateral Agent and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company Issuer, the Company, or any of their respective Subsidiary or other Affiliate thereof as if such Person were not the Collateral Agent hereunder and without any duty to account therefor to any other Secured Party.
Appears in 2 contracts
Samples: Indenture (Diamond Resorts Parent, LLC), Indenture (Rotech Healthcare Inc)
Rights as a Secured Party. The Person serving as the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Secured Party under any Series of any Class Obligations that it holds as any other Secured Party of such Class Series and may exercise the same as though it were not the Collateral Agent and the term “Secured Party”, “” or “ Secured Parties”, ” or (as applicable) “Credit Agreement Bank Loan Secured Party”, “Credit Agreement Secured Parties”, ” or “Additional Secured Party” or “Additional Secured Parties”, as applicable, ” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Collateral Agent hereunder in its individual capacity. The Such Person serving as the Collateral Agent and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with Parent, the Company Borrower or any Subsidiary subsidiary or other Affiliate thereof as if such Person were not the Collateral Agent hereunder and without any duty to account therefor to any other Secured Party.
Appears in 2 contracts
Samples: First Lien Intercreditor Agreement, First Lien Intercreditor Agreement (Community Health Systems Inc)
Rights as a Secured Party. The Person serving as the Collateral Directing Agent hereunder shall have the same rights and powers in its capacity as a Secured Party of under any Class of First Lien Obligations that it holds as any other Secured Party of such Class and may exercise the same as though it were not the Collateral Directing Agent and the term “Secured Party”, “” or “ Secured Parties”” or, “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”as applicable, “Additional Secured First Lien Debt Party” or “Additional Secured First Lien Debt Parties”, as applicable, ” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Collateral Directing Agent hereunder in its individual capacity. The Such Person serving as the Collateral Agent and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company Parent or any Subsidiary subsidiary or other Affiliate thereof as if such Person were not the Collateral Directing Agent hereunder and without any duty to account therefor to any other Secured Party.
Appears in 2 contracts
Samples: Credit Agreement (Freescale Semiconductor Holdings I, Ltd.), Credit Agreement (Freescale Semiconductor Inc)
Rights as a Secured Party. The Person serving as the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Secured Party of any Class as any other Secured Party of such Class and may exercise the same as though it were not the Collateral Agent and the term “Secured Party”, “Secured Parties”, “Secured Swap Party”, “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Additional Secured Party” or “Additional Secured Parties”, as applicable, shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Collateral Agent hereunder in its individual capacity. The Person serving as the Collateral Agent and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company 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 any other Secured Party.
Appears in 1 contract
Samples: First Lien Intercreditor Agreement (American Axle & Manufacturing Holdings Inc)
Rights as a Secured Party. The Person serving as the Collateral Agent Applicable Authorized Representative hereunder shall have the same rights and powers in its capacity as a Secured Party under any Series of any Class Obligations that it holds as any other Secured Party of such Class Series and may exercise the same as though it were not the Collateral Agent Applicable Authorized Representative and the term “Secured Party”, ” or “Secured Parties”, “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, ” or (as applicable) “Additional Secured Party” or “Additional Secured Parties”, as applicable, ” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Collateral Agent Applicable Authorized Representative hereunder in its individual capacity. The Such Person serving as the Collateral Agent and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company Borrower or any Subsidiary subsidiary or other Affiliate thereof as if such Person were not the Collateral Agent Applicable Authorized Representative hereunder and without any duty to account therefor to any other Secured Party.
Appears in 1 contract
Samples: Credit Agreement (Norwegian Cruise Line Holdings Ltd.)
Rights as a Secured Party. The Person serving as the Collateral Agent or the Controlling Agent hereunder shall have the same rights and powers in its capacity as a Secured Party under any Series of any Class Secured Obligations that it holds as any other Secured Party of such Class Series and may exercise the same as though it were not the Collateral Agent or the Controlling Agent, as applicable, and the term “Secured Party”, Parties” or “Secured Parties”, “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Additional Secured Party” or “Additional Secured Parties”, as applicable, shallshall with respect to rights and benefits (but none of the obligations) afforded to it, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Collateral Agent or the Controlling Agent, as applicable, hereunder in its individual capacity. The Such Person serving as the Collateral Agent and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company or any Subsidiary or other Affiliate thereof as if such Person were not the Collateral Agent or the Controlling Agent, as applicable, hereunder and without any duty to account therefor to any other Secured Party.
Appears in 1 contract
Samples: Collateral Agency and Intermediation Rights Agreement (Par Pacific Holdings, Inc.)
Rights as a Secured Party. (a) The Person serving as the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Secured Party of any Class as any other Secured Party of such Class and may exercise the same as though it were not the Collateral Agent and the term “Secured Party”, “Secured Parties”, “Credit Agreement Indenture Secured Party”, “Credit Agreement Indenture Secured Parties”, “Additional Secured Party” or “Additional Secured Parties”, as applicable, shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Collateral Agent hereunder in its individual capacity. The Person serving as the Collateral Agent and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company Issuer or any of its respective Subsidiary or other Affiliate thereof as if such Person were not the Collateral Agent hereunder and without any duty to account therefor to any other Secured Party.
Appears in 1 contract
Rights as a Secured Party. The Person serving as the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Secured Party under any Series of any Class Secured Obligations that it holds as any other Secured Party of such Class Series and may exercise the same as though it were not the Collateral Agent and the term “Secured Party”, ” or “Secured Parties”, ” or (as applicable) “Credit Agreement Notes Secured Party”, “Credit Agreement Notes Secured Parties”, “Additional Secured Party” or “Additional Secured Parties”, as applicable, ” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Collateral Agent hereunder in its individual capacity. The Such Person serving as the Collateral Agent and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company 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 any other Secured Party.
Appears in 1 contract
Rights as a Secured Party. (a) The Person serving as the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Secured Party of any Class as any other Secured Party of such Class and may exercise the same as though it were not the Collateral Agent and the term “Secured Party”, “Secured Parties”, “Credit Agreement Indenture Secured Party”, “Credit Agreement Indenture Secured Parties”, “Additional Secured Party” or “Additional Secured Parties”, as applicable, shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Collateral Agent hereunder in its individual capacity. The Person serving as the Collateral Agent and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company Issuer or any Subsidiary of its Subsidiaries or other Affiliate thereof as if such Person were not the Collateral Agent hereunder and without any duty to account therefor to any other Secured Party.
Appears in 1 contract
Samples: Indenture (Rotech Healthcare Inc)
Rights as a Secured Party. (a) The Person serving as the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Secured Party of any Class as any other Secured Party of such Class and may exercise the same as though it were not the Collateral Agent and the term “Secured Party”, “Secured Parties”, “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Additional Secured Party” or “Additional Secured Parties”, as applicable, shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Collateral Agent hereunder in its individual capacity. The Person serving as the Collateral Agent and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of banking, trust, advisory, underwriting or other business with the Company or any Subsidiary or other Affiliate thereof as if such Person were not the Collateral Agent hereunder and without any duty to obtain the consent of or to give notice to or to account therefor to any other Secured Party.
Appears in 1 contract
Rights as a Secured Party. The Person serving as the Collateral Applicable Authorized Agent hereunder shall have the same rights and powers in its capacity as a Secured Party under any Series of any Class Obligations that it holds as any other Secured Party of such Class Series and may exercise the same as though it were not the Collateral Applicable Authorized Agent and the term “Secured Party”, “” or “ Secured Parties”, “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, ” or (as applicable) “Additional Secured Party” or “Additional Secured Parties”, as applicable, ” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Collateral Applicable Authorized Agent hereunder in its individual capacity. The Such Person serving as the Collateral Agent and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company Holdings or any Subsidiary subsidiary or other Affiliate thereof as if such Person were not the Collateral Applicable Authorized Agent hereunder and without any duty to account therefor to any other Secured Party.
Appears in 1 contract
Samples: Credit Agreement (RBS Global Inc)
Rights as a Secured Party. (i) The Person serving as the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Secured Party of any Class as any other Secured Party of such Class and may exercise the same as though it were not the Collateral Agent and the term “Secured Party”, “Secured Parties”, “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Additional Secured Party” or “Additional Secured Parties”, as applicable, shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Collateral Agent hereunder in its individual capacity. The Person serving as the Collateral Agent and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company 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 any other Secured Party.
Appears in 1 contract
Samples: Credit Agreement (Healthsouth Corp)
Rights as a Secured Party. (a) The Person serving as the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Secured Party under any Series of any Class Obligations that it holds as any other Secured Party of such Class Series and may exercise the same as though it were not the Collateral Agent and the term “Secured Party”, ” or “Secured Parties”, ” or (as applicable) “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Indenture Secured Party”, “Indenture Secured Parties”, “Additional Secured Party” or “Additional Secured Parties”, as applicable, ” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as the Collateral Agent hereunder in its individual capacity. The Such Person serving as the Collateral Agent and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company Grantors or any Subsidiary subsidiary or other Affiliate thereof as if such Person were not the Collateral Agent hereunder and without any duty to account therefor to any other Secured Party.
Appears in 1 contract
Samples: First Lien Intercreditor Agreement (RenPac Holdings Inc.)