Rights of Administrative Agent as a Lender. With respect to its Commitments, the Loans made by it and the Note(s) issued to it, Nortel Networks (and any successor acting as Administrative Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Administrative Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, own securities of, and generally engage in any kind of banking, trust or other business with, the Borrower or any of its Affiliates and any other Person who may do business with or own securities of the Borrower or any of its Affiliates, all as if it were not acting as the Administrative Agent and without any duty to account therefor to the Lenders.
Appears in 4 contracts
Samples: Credit Agreement (State Communications Inc), Credit Agreement (Savvis Communications Corp), Credit Agreement (Pathnet Telecommunications Inc)
Rights of Administrative Agent as a Lender. With respect to its Commitments, the Loans made by it and the Note(s) issued to it, Nortel Networks (and any successor acting as Administrative Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Administrative Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, own securities of, and generally engage in any kind of banking, trust or other business with, the Borrower any Loan Party or any of its Affiliates and any other Person who may do business with or own securities of the Borrower any Loan Party or any of its Affiliates, all as if it were not acting as the Administrative Agent and without any duty to account therefor to the Lenders. Without limiting the generality of the foregoing, it is contemplated that (a) Nortel Networks will be the holder of the warrants issued by Holdings and (b) Nortel Networks and/or an Affiliate of Nortel Networks may purchase equity securities of Holdings.
Appears in 3 contracts
Samples: Credit Agreement (Alamosa PCS Holdings Inc), Credit Agreement (Alamosa PCS Holdings Inc), Credit Agreement (Texas Telecommunications Lp)
Rights of Administrative Agent as a Lender. With respect to its Commitments, the Loans made by it and the Note(s) issued to it, Nortel Networks EDC (and any successor acting as Administrative Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Administrative Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, own securities of, and generally engage in any kind of banking, trust or other business with, the Borrower any Loan Party or any of its Affiliates and any other Person who may do business with or own securities of the Borrower any Loan Party or any of its Affiliates, all as if it were not acting as the Administrative Agent and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Alamosa Holdings Inc), Credit Agreement (Alamosa PCS Holdings Inc)
Rights of Administrative Agent as a Lender. With respect ------------------------------------------ to its Commitments, the Loans made by it and the Note(s) issued to it, Nortel Networks (and any successor acting as Administrative Agent) Bank One in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Administrative Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Administrative Agent Bank One in its individual capacity. The Administrative Agent and its Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, own securities of, to and generally engage in any kind of banking, trust or other business with, with the Borrower or any of its Affiliates and any other Person who may do business with or own securities of the Borrower or any of its Affiliates, all ) as if it were not acting as the Administrative Agent, and the Administrative Agent may accept fees and other consideration from the Borrower (in addition to any agency fees and arrangement fees heretofore agreed to between the Borrower and the Administrative Agent) for services in connection with this Agreement or any other Loan Document or otherwise without any duty having to account therefor for the same to the Lenders.
Appears in 2 contracts
Samples: Credit Agreement (Global Payments Inc), Credit Agreement (National Data Corp)
Rights of Administrative Agent as a Lender. With respect to its CommitmentsCommitment, the Loans Advances made by it and the Note(s) Note issued to it, Nortel Networks (and any successor acting as Administrative Agent) Bank of America in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Administrative Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, own securities of, and generally engage in any kind of bankingbusiness with Borrower, trust or any Subsidiary of Borrower, any other business withObligated Party, the Borrower or any of its Affiliates and any other Person who may do business with or own securities of the Borrower or any of its Affiliatesother Obligated Party, all as if it were not acting as the Administrative Agent and without any duty to account therefor to the Lenders.
Appears in 2 contracts
Samples: Loan Agreement (Prime Medical Services Inc /Tx/), Loan Agreement (Prime Medical Services Inc /Tx/)
Rights of Administrative Agent as a Lender. With respect to its Commitments, the Loans made by it and the Note(s) issued to it, Nortel Networks NationsBank, N.A. (and any successor acting as Administrative Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Administrative Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, own securities of, and generally engage in any kind of banking, trust or other business with, the Borrower Borrowers or any of its their Affiliates and any other Person who may do business with or own securities of the Borrower Borrowers or any of its their Affiliates, all as if it were not acting as the Administrative Agent and without any duty to account therefor to the Lenders.
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Rights of Administrative Agent as a Lender. With respect to its CommitmentsCommitment, the Loans made by it and the Note(s) Note issued to it, Nortel Networks Bank of America (and any successor acting as Administrative Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Administrative Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, own securities of, and generally engage in any kind of banking, trust or other business with, the Borrower Loan Parties or any of its their Affiliates and any other Person who may do business with or own securities of the Borrower Loan Parties or any of its their Affiliates, all as if it were not acting as the Administrative Agent and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Credit Agreement (Dynamex Inc)
Rights of Administrative Agent as a Lender. With respect to its CommitmentsCommitment, the Loans Advances made by it and the Note(s) Note issued to it, Nortel Networks (and any successor acting as Administrative Agent) BankBoston in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Administrative Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, own securities of, and generally engage in any kind of bankingbusiness with Borrower, trust or any Subsidiary of Borrower, any other business withObligated Party, the Borrower or any of its Affiliates and any other Person who may do business with or own securities of the Borrower or any of its Affiliatesother Obligated Party, all as if it were not acting as the Administrative Agent and without any duty to account therefor to the Lenders.
Appears in 1 contract
Rights of Administrative Agent as a Lender. With respect to its CommitmentsCommitment, the Loans made by it and the Note(s) Note issued to it, Nortel Networks Bank of America (and any successor acting as Administrative Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Administrative Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Administrative Agent in in-its individual capacity. The Administrative Agent and its Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, own securities of, and generally engage in any kind of banking, trust or other business with, the Borrower Loan Parties or any of its their Affiliates and any other Person who may do business with or own securities of the Borrower Loan Parties or any of its their Affiliates, all as if it were not acting as the Administrative Agent and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Credit Agreement (Dynamex Inc)
Rights of Administrative Agent as a Lender. With respect to ------------------------------------------ its Commitments, the Loans made by it and the Note(s) issued to it, Nortel Networks (and any successor acting as the Administrative Agent) Agent in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Administrative Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, own securities of, and generally engage in any kind of banking, trust or other business with, the Borrower any Loan Party or any of its Affiliates and any other Person who may do business with or own securities of the Borrower or any of its Affiliates, all as if it were not acting as the Administrative Agent and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Credit Agreement (Ipcs Inc)
Rights of Administrative Agent as a Lender. With respect to its Commitments, the Loans made by it commitment to lend hereunder and the Note(s) Term Loan Note issued to it, Nortel Networks (and any successor acting as the Administrative Agent) Agent in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Administrative Agent, Agent and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may (without having to account therefor to any LenderLenders) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, own securities of, and generally engage in any kind of bankingbusiness with the Borrower, trust or other business with, the Borrower or any of its Affiliates Subsidiaries, any other Obligated Party, and any other Person who may do business with or own securities of the Borrower Borrower, any Subsidiary, or any of its Affiliatesother Obligated Party, all as if it were not acting as the Administrative Agent and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Term Loan Agreement (Pillowtex Corp)
Rights of Administrative Agent as a Lender. With respect ------------------------------------------ to its Commitments, the Loans made by it and the Note(s) issued to it, Nortel Networks (and any successor acting as Administrative Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Administrative Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, own securities of, and generally engage in any kind of banking, trust or other business with, the Borrower or any of its Affiliates and any other Person who may do business with or own securities of the Borrower or any of its Affiliates, all as if it were not acting as the Administrative Agent and without any duty to account therefor to the Lenders.
Appears in 1 contract
Samples: Credit Agreement (Cais Internet Inc)
Rights of Administrative Agent as a Lender. With respect to its Commitments, the Loans made by it and the Note(s) issued to it, Nortel Networks (and any successor acting as Administrative Agent) Bank One in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Administrative Agent, and the term "“Lender" ” or "“Lenders" ” shall, unless the context otherwise indicates, include the Administrative Agent Bank One in its individual capacity. The Administrative Agent and its Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, own securities of, to and generally engage in any kind of banking, trust or other business with, with the Borrower or any of its Affiliates and any other Person who may do business with or own securities of the Borrower or any of its Affiliates, all ) as if it were not acting as the Administrative Agent, and the Administrative Agent may accept fees and other consideration from the Borrower (in addition to any agency fees and arrangement fees heretofore agreed to between the Borrower and the Administrative Agent) for services in connection with this Agreement or any other Loan Document or otherwise without any duty having to account therefor for the same to the Lenders.
Appears in 1 contract