Common use of Rights as a Secured Party Clause in Contracts

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

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (Verso Paper Corp.), Credit Agreement (Verso Paper Corp.), Guarantee and Collateral Agreement (Verso Paper Corp.)

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Rights as a Secured Party. The person Person serving as the Administrative Collateral Agent hereunder shall have the same rights and powers in its capacity as a Secured Party under of any Obligations that it holds Class as any other Secured Party of such Class and may exercise the same as though it were not the Administrative Collateral Agent and the term “Secured Party” or ”, “Secured Parties” or (as applicable) ”, “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Note Secured Party”, “Note 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 Person serving as the Administrative Collateral Agent hereunder in its individual capacity. Such person 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 Person were not the Administrative Collateral Agent hereunder and without any duty to account therefor to any other Secured Party.

Appears in 3 contracts

Samples: Credit Agreement (Healthsouth Corp), Assignment and Assumption (Healthsouth Corp), Intercreditor Agreement (Healthsouth Corp)

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

Appears in 2 contracts

Samples: Passu Intercreditor Agreement (BMC Stock Holdings, Inc.), Passu Intercreditor Agreement (BMC Stock Holdings, Inc.)

Rights as a Secured Party. (a) The person Person serving as the Administrative Collateral Agent hereunder shall have the same rights rights, protections and powers in its capacity as a Secured Party under of any Obligations that it holds Class as any other Secured Party of such Class under any First Lien Credit Documents and may exercise the same as though it were not the Administrative Collateral Agent and the term “Secured Party” or ”, “Secured Parties” or (as applicable) ”, Credit Agreement Indenture Secured Party”, “Credit Agreement Secured Parties”, “Note Secured Party”, “Note 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 Person serving as the Administrative Collateral Agent hereunder in its individual capacity. Such person 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 of its respective Subsidiary or other Affiliate thereof as if such person Person were not the Administrative Collateral Agent hereunder and without any duty to account therefor to any other Secured Party.

Appears in 2 contracts

Samples: Passu Intercreditor Agreement (United States Steel Corp), Indenture (United States Steel Corp)

Rights as a Secured Party. (a) The person Person serving as the Administrative Collateral Agent hereunder shall have the same rights and powers in its capacity as a Secured Party under of any Obligations that it holds Class as any other Secured Party of such Class and may exercise the same as though it were not the Administrative Collateral Agent and the term “Secured Party” or ”, “Secured Parties” or (as applicable) ”, Credit Agreement Indenture Secured Party”, “Credit Agreement Secured Parties”, “Note Secured Party”, “Note 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 Person serving as the Administrative Collateral Agent hereunder in its individual capacity. Such person 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 Person were not the Administrative Collateral Agent hereunder and without any duty to account therefor to any other Secured Party.

Appears in 2 contracts

Samples: Passu Intercreditor Agreement (Diamond Resorts Parent, LLC), Intercreditor Agreement (Rotech Healthcare Inc)

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

Appears in 2 contracts

Samples: Intercreditor Agreement, First Lien Intercreditor Agreement (Community Health Systems Inc)

Rights as a Secured Party. The person Person serving as the Administrative Collateral Agent hereunder shall have the same rights and powers in its capacity as a Secured Party under of any Obligations that it holds Class as any other Secured Party of such Class and may exercise the same as though it were not the Administrative Collateral Agent and the term “Secured Party” or ”, “Secured Parties” or (as applicable) ”, “Secured Swap Party”, “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Note Secured Party”, “Note 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 Person serving as the Administrative Collateral Agent hereunder in its individual capacity. Such person 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 Person were not the Administrative 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. (i) The person Person serving as the Administrative Collateral Agent hereunder shall have the same rights and powers in its capacity as a Secured Party under of any Obligations that it holds Class as any other Secured Party of such Class and may exercise the same as though it were not the Administrative Collateral Agent and the term “Secured Party” or ”, “Secured Parties” or (as applicable) ”, “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Note Secured Party”, “Note 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 Person serving as the Administrative Collateral Agent hereunder in its individual capacity. Such person 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 Person were not the Administrative Collateral Agent hereunder and without any duty to account therefor to any other Secured Party.

Appears in 1 contract

Samples: First Lien Intercreditor Agreement (Healthsouth Corp)

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

Appears in 1 contract

Samples: Pledge and Security Agreement (Spansion Inc.)

Rights as a Secured Party. The person Person serving as the Administrative Collateral Agent hereunder shall have the same rights and powers in its capacity as a Secured Party under of any Obligations that it holds Class as any other Secured Party of such Class and may exercise the same as though it were not the Administrative Collateral Agent and the term “Secured Party” or ”, “Secured Parties” or (as applicable) ”, “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Note Secured Party”, “Note 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 Person serving as the Administrative Collateral Agent hereunder in its individual capacity. Such person 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 Exhibit 10.1 Person were not the Administrative Collateral Agent hereunder and without any duty to account therefor to any other Secured Party.

Appears in 1 contract

Samples: Assignment and Assumption (Healthsouth Corp)

Rights as a Secured Party. (a) The person Person serving as the Administrative Collateral Agent hereunder shall have the same rights and powers in its capacity as a Secured Party under of any Obligations that it holds Class as any other Secured Party of such Class and may exercise the same as though it were not the Administrative Collateral Agent and the term “Secured Party” or ”, “Secured Parties” or (as applicable) ”, “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Note Secured Party”, “Note 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 Person serving as the Administrative Collateral Agent hereunder in its individual capacity. Such person 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 Person were not the Administrative 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

Samples: Intercreditor Agreement (Credit Acceptance Corp)

Rights as a Secured Party. (a) The person Person serving as the Administrative Collateral Agent hereunder shall have the same rights and powers in its capacity as a Secured Party under any Series of Obligations that it holds as any other Secured Party of such Series and may exercise the same as though it were not the Administrative Collateral Agent and the term “Secured Party” or “Secured Parties” or (as applicable) “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Note Indenture Secured Party”, “Note Indenture Secured Parties”, “Additional Secured Party” or “Additional Secured Parties” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the person Person serving as the Administrative Collateral Agent hereunder in its individual capacity. Such person Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company Grantors or any Subsidiary subsidiary or other Affiliate thereof as if such person Person were not the Administrative 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.)

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Rights as a Secured Party. (a) The person Person serving as the Administrative Collateral Agent hereunder shall have the same rights and powers in its capacity as a Secured Party under of any Obligations that it holds Class as any other Secured Party of such Class and may exercise the same as though it were not the Administrative Collateral Agent and the term “Secured Party” or ”, “Secured Parties” or (as applicable) ”, Credit Agreement Indenture Secured Party”, “Credit Agreement Secured Parties”, “Note Secured Party”, “Note 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 Person serving as the Administrative Collateral Agent hereunder in its individual capacity. Such person 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 Person were not the Administrative Collateral Agent hereunder and without any duty to account therefor to any other Secured Party.

Appears in 1 contract

Samples: Passu Intercreditor Agreement (Builders FirstSource, Inc.)

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

Appears in 1 contract

Samples: Intercreditor Agreement (Rotech Healthcare Inc)

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

Appears in 1 contract

Samples: Security Agreement (Warner Music Group Corp.)

Rights as a Secured Party. The person Person serving as the Administrative 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 Secured Obligations that it holds as any other Secured Party of such Series and may exercise the same as though it were not the Administrative Collateral Agent or the Controlling Agent, as applicable, and the term “Secured PartyParties” or “Secured Parties” or shall with respect to rights and benefits (as applicablebut none of the obligations) “Credit Agreement Secured Party”, “Credit Agreement Secured Parties”, “Note Secured Party”, “Note Secured Parties”, “Additional Secured Party” or “Additional Secured Parties” shallafforded to it, unless otherwise expressly indicated or unless the context otherwise requires, include the person Person serving as the Administrative Collateral Agent or the Controlling Agent, as applicable, hereunder in its individual capacity. Such person Person and its Affiliates may accept deposits from, lend money to, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company or any Subsidiary or other Affiliate thereof as if such person Person were not the Administrative 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 (Par Pacific Holdings, Inc.)

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

Appears in 1 contract

Samples: Intercreditor Agreement (Triumph Group Inc)

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

Appears in 1 contract

Samples: Intercreditor Agreement (Alion Science & Technology Corp)

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