Common use of Rights of Agent as a Lender Clause in Contracts

Rights of Agent as a Lender. With respect to its Commitment, the Loans made by it and any Note issued to it, the Agent shall have the same rights and powers under this Agreement 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, include the Agent in its individual capacity. The Agent, each Lender 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 Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Beazer Homes Usa Inc), Credit Agreement (Beazer Homes Usa Inc)

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Rights of Agent as a Lender. With respect to its CommitmentCommitments, the Loans made by it and any Note issued to it, the Agent shall have the same rights and powers under this Agreement 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, include the Agent in its individual capacity. The Agent, each Lender 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 Lenders.

Appears in 2 contracts

Samples: Assignment Agreement (Beazer Homes Usa Inc), Assignment Agreement (Beazer Homes Usa Inc)

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Rights of Agent as a Lender. With respect to its Commitment, the Loans made by it or its Affiliates and any the Note issued to itit or its Affiliates, the Agent and its Affiliates shall have the same rights and powers under this Agreement 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, include the Agent or its Affiliates in its their individual capacitycapacities. The Agent, each Lender 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 SubsidiaryBorrower, all as if the Agent were not the Agent and without any duty to account therefor to the other Lenders. The Lenders expressly acknowledge and understand that Affiliates of the Agent are shareholders of the Company and one such Affiliate is serving as a consultant to Borrower.

Appears in 1 contract

Samples: Loan and Security Agreement (InterMetro Communications, Inc.)

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