Common use of Rights of Agent Clause in Contracts

Rights of Agent. With respect to its obligation to extend Loans under this Agreement, the Agent shall have the rights and powers specified herein for a “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “Lenders,” “Required Lenders,” “holders of Notes” or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity as such (as the case may be). The Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to, any Principal Company or any of its Affiliates (or any Person engaged in similar business with any Principal Company or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Principal Company or any of its Affiliates for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Appears in 4 contracts

Samples: Credit Agreement (Dialogic Inc.), Credit Agreement (Tennenbaum Capital Partners LLC), Credit Agreement (Dialogic Inc.)

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Rights of Agent. With respect to its obligation to extend Loans under this Agreement, the Agent shall have the rights and powers specified herein for a "Lender" and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term "Lenders,” “" "Required Lenders,” “holders of Notes” " or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity as such (as the case may be). The Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to, any Principal Company the Borrowers or any of its their Subsidiaries or Affiliates (or any Person engaged in similar business with any Principal Company the Borrowers or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Principal Company the Borrowers or any of its their Subsidiaries or Affiliates for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Appears in 2 contracts

Samples: Loan Agreement (Vitesse Semiconductor Corp), Loan Agreement (Vitesse Semiconductor Corp)

Rights of Agent. With respect to its obligation to extend any Loans under this Agreementheld by the Agent, the Agent shall have the rights and powers specified herein for a “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “Lenders,” “Required Lenders,” “holders of NotesLoans” or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity as such (as the case may be). The Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to, any Principal the Company or any of its Affiliates (or any Person engaged in similar business with any Principal the Company or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Principal the Company or any of its Affiliates for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Radnor Holdings Corp)

Rights of Agent. With respect to its obligation to extend Loans make Notes under this Agreement, the Agent shall have the rights and powers specified herein for a “LenderNote Purchaser” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “LendersNote Purchasers,” “Required LendersHolders,” “holders of Notes” or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity as such (as the case may be). The Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to, any Principal Company the Parent or any of its their Affiliates (or any Person engaged in similar business with any Principal Company the Parent or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Principal Company the Parent or any of its their Affiliates for services in connection with this Agreement and otherwise without having to account for the same to the LendersNote Purchasers.

Appears in 1 contract

Samples: Note Purchase Agreement (Itc Deltacom Inc)

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Rights of Agent. With respect to its obligation to extend Loans make Notes under this Agreement, the Agent shall have the rights and powers specified herein for a “LenderPurchaser” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “LendersPurchasers,” “Required LendersHolders,” “holders of Notes” or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity as such (as the case may be). The Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to, any Principal Company the Parent or any of its their Affiliates (or any Person engaged in similar business with any Principal Company the Parent or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Principal Company the Parent or any of its their Affiliates for services in connection with this Agreement and otherwise without having to account for the same to the LendersPurchasers.

Appears in 1 contract

Samples: Securities Purchase Agreement (Itc Deltacom Inc)

Rights of Agent. With respect to its obligation to extend Loans under this Agreement, the Agent shall have the rights and powers specified herein for a “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “Lenders,” “Required Lenders,” “holders of Notes” or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity as such (as the case may be). The Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to, any Principal the Company or any of its Affiliates (or any Person engaged in similar business with any Principal the Company or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Principal the Company or any of its Affiliates for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Online Resources Corp)

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