Rights of Agent as a Bank. With respect to its Commitment, the Loans made by it and the Note issued to it, the Agent shall have the same rights and powers under this Agreement as any other Bank and may exercise the same as though it were not the Agent; and the term "Bank" or "Banks" shall, unless otherwise expressly indicated, include the Agent in its individual capacity. The Agent, each Bank and each of their respective Affiliates may accept deposits from, lend money to, act as trustee under indentures of, and generally engage in any kind of business with, the Borrower, any of its Subsidiaries and any Person who may do business with or own securities of the Borrower or any Subsidiary, all as if the Agent were not the Agent and without any duty to account therefor to the other Banks.
Appears in 5 contracts
Samples: Annual Report, Credit Agreement (Beazer Homes Usa Inc), Credit Agreement (Beazer Homes Usa Inc)
Rights of Agent as a Bank. With respect to its Commitment, the Loans made by it and the Note issued to it, the Agent shall have the same rights and powers under this Agreement as any other Bank and may exercise the same as though it were not the Agent; and the term "Bank" or "Banks" shall, unless otherwise expressly indicated, include the Agent in its individual capacity. The Agent, each Bank Agent and each of their respective its Affiliates may accept deposits from, lend money to, act as trustee under indentures of, and generally engage in any kind of business with, the Borrower, any of its Subsidiaries and any Person who may do business with or own securities of the Borrower or any Subsidiary, all as if the Agent were not the Agent and without any duty to account therefor to the other Banks.
Appears in 3 contracts
Samples: Revolving Credit and Term Loan Agreement (Carey International Inc), Agented Revolving Credit Agreement (SCS Transportation Inc), Revolving Credit Agreement (Carey International Inc)
Rights of Agent as a Bank. With respect to its Commitment, the Loans made by it and the Note issued to it, the each Agent shall have the same rights and powers under this Agreement as any other Bank and may exercise the same as though it were not the an Agent; and the term "“Bank" ” or "“Banks" ” shall, unless otherwise expressly indicated, include the each Agent in its individual capacity. The Agent, each Bank Each of the Agents and each of their respective its Affiliates may accept deposits from, lend money to, act as trustee under indentures of, and generally engage in any kind of business with, the Borrower, any of its Subsidiaries and any Person who may do business with or own securities of the Borrower or any Subsidiary, all as if the such Agent were not the an Agent and without any duty to account therefor to the other Banks.
Appears in 3 contracts
Samples: Credit Agreement (Saia Inc), Credit Agreement (Saia Inc), Credit Agreement (Saia Inc)
Rights of Agent as a Bank. With respect to its Commitment, the Loans made by it and the Note issued to it, the Agent shall have the same rights and powers under this Agreement as any other Bank and may exercise the same as though it were not the Agent; and the term "“Bank" ” or "“Banks" ” shall, unless otherwise expressly indicated, include the Agent in its individual capacity. The Agent, each Bank Agent and each of their respective its Affiliates may accept deposits from, lend money to, act as trustee under indentures of, and generally engage in any kind of business with, the Borrower, any of its Subsidiaries and any Person who may do business with or own securities of the Borrower or any Subsidiary, all as if the Agent were not the Agent and without any duty to account therefor to the other Banks.
Appears in 3 contracts
Samples: Agented Revolving Credit Agreement (Americas Carmart Inc), Agented Revolving Credit Agreement (SCS Transportation Inc), Agented Revolving Credit Agreement (Saia Inc)
Rights of Agent as a Bank. With respect to its Commitment, the Loans made by it and the Note Notes issued to it, the Agent shall have the same rights and powers under this Agreement as any other Bank and may exercise the same as though it were not the Agent; and the term "Bank" or "Banks" shall, unless otherwise expressly indicated, include the Agent in its individual capacity. The Agent, each Bank Agent and each of their respective its Affiliates may accept deposits from, lend money to, act as trustee under indentures of, and generally engage in any kind of business with, the Borrower, any of its Subsidiaries and any Person who may do business with or own securities of the Borrower or any Subsidiary, all as if the Agent were not the Agent and without any duty to account therefor to the other Banks.
Appears in 2 contracts
Samples: Agented Credit Agreement (Orchids Paper Products CO /DE), Agented Revolving Credit and Term Loan Agreement (Orchids Paper Products CO /DE)
Rights of Agent as a Bank. With respect to its Commitment, the Loans made by it and the Note issued to it, the Agent shall have the same rights and powers under this Agreement the Loan Documents as any other Bank and may exercise the same as though it were not the Agent; and the term "Bank" or "Banks" shall, unless otherwise expressly indicated, include the Agent in its individual capacity. The Agent, each Bank Agent and each of their respective its Affiliates may accept deposits from, lend money to, act as trustee under indentures of, and generally engage in any kind of business with, the Borrower, any of its Subsidiaries and any Person who may do business with or own securities of the Borrower or any Subsidiary, all as if the Agent were not the Agent and without any duty to account therefor to the other Banks.
Appears in 2 contracts
Samples: Revolving Loan, Guaranty and Security Agreement (Suprema Specialties Inc), Revolving Loan, Guaranty and Security Agreement (Suprema Specialties Inc)
Rights of Agent as a Bank. With respect to its Commitment, the Loans made by it and the Note issued to it, the Agent shall have the same rights and powers under this Agreement as any other Bank and may exercise the same as though it were not the Agent; and the term "Bank" or "Banks" shall, unless otherwise expressly indicated, include the Agent in its individual capacity. The Agent, each Bank and each of their respective Affiliates may accept deposits from, lend money to, act as trustee under indentures of, and generally engage in any kind of business with, the Borrower, any of its Subsidiaries and any Person who may do business with or own securities of the Borrower or any Subsidiary, all as if the Agent were not the Agent and without any duty to account therefor to the other Banks.
Appears in 1 contract