Common use of The Administrative Agent in its Individual Capacity Clause in Contracts

The Administrative Agent in its Individual Capacity. With respect to the Loans made by it hereunder, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers as any other Lender and may exercise the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agent.

Appears in 10 contracts

Samples: Credit Agreement (Celanese Corp), Amendment Agreement (Celanese Corp), Amendment Agreement (Celanese CORP)

AutoNDA by SimpleDocs

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 10 contracts

Samples: Credit Agreement (Quintiles Transnational Corp), Credit Agreement (Caraustar Industries Inc), Credit Agreement (Mindspring Enterprises Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 10 contracts

Samples: Credit Agreement (O Charleys Inc), Credit Agreement (Compx International Inc), Credit Agreement (Veridian Corp)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and the other Credit Parties as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Credit Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 8 contracts

Samples: Credit Agreement (Nci Building Systems Inc), Credit Agreement (Nci Building Systems Inc), Credit Agreement (Fisher Communications Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Credit Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 7 contracts

Samples: Credit Agreement (Capitalsource Inc), Credit Agreement (Capitalsource Inc), Credit Agreement (Capitalsource Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrowers as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 7 contracts

Samples: Credit Agreement (Cornerstone Realty Income Trust Inc), Credit Agreement (Cornerstone Realty Income Trust Inc), Credit Agreement (Cca Prison Realty Trust)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 6 contracts

Samples: Credit Agreement (Lmi Aerospace Inc), Credit Agreement (Tuesday Morning Corp/De), Credit Agreement (Tuesday Morning Corp/De)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or the Servicer or any of their Affiliates as though the Administrative Agent were not the Administrative Agent hereunder and under the other Transaction Documents. With respect to the Loans Advances made or renewed by it hereunderit, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Loan Agreement and the other Transaction Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 6 contracts

Samples: Loan and Security Agreement (GWG Holdings, Inc.), Loan and Security Agreement (GWG Holdings, Inc.), Loan and Security Agreement (GWG Holdings, Inc.)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, its Subsidiaries and their Affiliates as though not acting as Administrative Agent hereunder. With respect to the Loans made by it hereunderand all Obligations owing to it, the Administrative Agent in its individual capacity and not as Administrative 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 Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 5 contracts

Samples: Credit Agreement (RBC Bearings INC), Credit Agreement (Cooper Companies Inc), Credit Agreement (Cooper Companies Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Revolving Credit Loans made or renewed by it hereunderand with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 5 contracts

Samples: 364 Day Credit Agreement (Jones Apparel Group Inc), Credit Agreement (Jones Apparel Group Inc), 364 Day Credit Agreement (Jones Apparel Group Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the Administrative Agent terms "Lender" and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agent."

Appears in 5 contracts

Samples: Credit Agreement (Miller Herman Inc), Credit Agreement (Pittston Co), Credit Agreement (Caraustar Industries Inc)

The Administrative Agent in its Individual Capacity. The --------------------------------------------------- Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunder and under the other Loan Documents. With respect to the Loans made by it hereunderit, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 5 contracts

Samples: Credit Agreement (Radio One Inc), Credit Agreement (Radio One Inc), Credit Agreement (Jones Intercable Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 5 contracts

Samples: Five Year Credit Agreement (Jones Apparel Group Inc), Five Year Credit Agreement (Jones Apparel Group Inc), Five Year Credit Agreement (Jones Apparel Group Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 4 contracts

Samples: Five Year Credit Agreement (Jones Apparel Group Inc), Five Year Credit Agreement (Jones Apparel Group Inc), Five Year Credit Agreement (Jones Apparel Group Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 3 contracts

Samples: Credit Agreement (Global Imaging Systems Inc), Credit Agreement (Rare Hospitality International Inc), Credit Agreement (Compx International Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the Administrative Agent terms "Lender" and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agent."

Appears in 3 contracts

Samples: Credit Agreement (Brinks Co), Credit Agreement (Brinks Co), Credit Agreement (Pittston Co)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrowers as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 3 contracts

Samples: Credit Agreement (Urban Outfitters Inc), Credit Agreement (Urban Outfitters Inc), Credit Agreement (Urban Outfitters Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderit, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity. The relationship between the Administrative Agent and its Affiliates may accept deposits fromthe Lenders, lend money and the relationship among the Lenders, is not intended by the parties to create, and generally engage in any kind of business with Holdingsshall not create, any Borrower trust, joint venture or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentpartnership relation between them.

Appears in 3 contracts

Samples: Senior Unsecured Credit Agreement (Choice Hotels International Inc /De), Senior Unsecured Credit Agreement (Choice Hotels International Inc /De), Senior Unsecured Credit Agreement (Choice Hotels International Inc /De)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Transferor, the Collection Agent or any of their Affiliates as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any Transferred Interest held by the Loans made by it hereunderAdministrative Agent, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Transaction Documents as any other Lender Purchaser and may exercise the same as though it were not the Administrative Agent, and the terms "Committed Purchaser," and "Purchaser" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 3 contracts

Samples: Receivables Transfer Agreement (Tyson Foods Inc), Receivables Transfer Agreement (Mascotech Inc), Receivables Transfer Agreement (Trimas Corp)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 3 contracts

Samples: Credit Agreement (Brinks Co), Credit Agreement (Brinks Co), Credit Agreement (Brinks Co)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrowers as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 3 contracts

Samples: Credit Agreement (Belk Inc), Credit Agreement (Belk Inc), Credit Agreement (Belk Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrowers as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 3 contracts

Samples: Credit Agreement (SCP Pool Corp), Credit Agreement (SCP Pool Corp), Amendment to Credit Agreement (SCP Pool Corp)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the Loans made by it hereunderand all Obligations owing to it, the Administrative Agent in its individual capacity and not as Administrative 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 Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agenttheir individual capacity.

Appears in 3 contracts

Samples: Credit Agreement (InfraREIT, Inc.), Credit Agreement (InfraREIT, Inc.), Credit Agreement (InfraREIT, Inc.)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and any other Credit Party as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Documents. With respect to the Loans made by it hereunderit, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Kimbell Royalty Partners, LP), Credit Agreement (Kimbell Royalty Partners, LP)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it and with respect to any issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Cable Michigan Inc), Credit Agreement (Cable Michigan Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Subsidiaries as though not acting as Administrative Agent hereunder. With respect to the Loans made by it hereunderand all Obligations owing to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement as any other Lender Bank and may exercise the same as though it were not the Administrative Agent, and the terms “Bank” and “Banks” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Amerus Group Co/Ia), Credit Agreement (Amerus Group Co/Ia)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the Term Loans made by it hereunderand all Obligations owing to it, the Administrative Agent in its individual capacity and not as Administrative 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 Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agenttheir individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (InfraREIT, Inc.), Term Loan Credit Agreement (InfraREIT, Inc.)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent was not the Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Geo Group Inc), Credit Agreement (Geo Group Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Healthplan Services Corp), Credit Agreement (Planvista Corp)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Company and its Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the its Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers powers, duties and liabilities under the Credit Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Falcon Building Products Inc), Credit Agreement (Falcon Building Products Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Subsidiaries and Affiliates as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the Administrative Agent terms "Lender" and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agent."

Appears in 2 contracts

Samples: Credit Agreement (Inergy L P), Credit Agreement (Inergy L P)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Transferor, the Collection Agent or any of their Affiliates as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any Transferred Interest held by the Loans made by it hereunderAdministrative Agent, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Transaction Documents as any other Lender Purchaser and may exercise the same as though it were not the Administrative Agent, and the term “Purchaser” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Receivables Transfer Agreement (Trimas Corp), Receivables Transfer Agreement (Trimas Corp)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Senior Secured Credit Agreement (Choice Hotels International Inc /De), Senior Unsecured Revolving Credit Agreement (Choice Hotels International Inc /De)

The Administrative Agent in its Individual Capacity. The --------------------------------------------------- Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it and with respect to any issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Commonwealth Telephone Enterprises Inc /New/), Credit Agreement (Cable Michigan Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, the Servicer, Imperial, the Portfolio Administrator, the Guarantor or any of their respective Affiliates as though the Administrative Agent were not the Administrative Agent hereunder and under the other Transaction Documents. With respect to the Loans Advances made or renewed by it hereunderit, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Loan Agreement and the other Transaction Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Loan and Security Agreement (Emergent Capital, Inc.), Loan and Security Agreement (Imperial Holdings, Inc.)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrowers as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the Loans made or renewed by it hereunderand any Revolving Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Loan Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent, and the Administrative Agent terms "Lender" and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agent."

Appears in 2 contracts

Samples: Revolving Loan Agreement (Capital Lease Funding Inc), Revolving Loan Agreement (Capital Lease Funding Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the its Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Credit Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Credit Agreement (WestRock Co), Credit Agreement (WestRock Co)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunder and under the other Loan Documents. With respect to the Loans made by it hereunderit, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Jones Intercable Inc), Credit Agreement (Media General Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and the other Credit Parties as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Credit Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent, and the Administrative Agent terms "Lender" and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agent."

Appears in 2 contracts

Samples: Credit Agreement (Fisher Communications Inc), Credit Agreement (Gencorp Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Term Loan Agreement, Credit Agreement (Grainger W W Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, its Subsidiaries and their respective Affiliates as though not acting as Administrative Agent hereunder. With respect to the Loans made by it hereunderand all Obligations owing to it, the Administrative Agent in its individual capacity and not as Administrative 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 Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Term Loan Agreement (Cooper Companies Inc), Term Loan Agreement (Cooper Companies Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the its Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers powers, duties and liabilities under the Credit Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Jostens Inc), Credit Agreement (Us Unwired Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, the Servicer, Imperial, the Portfolio Manager, the Guarantor, the Initial Servicer, the Initial Portfolio Manager or any of their Affiliates as though the Administrative Agent were not the Administrative Agent hereunder and under the other Transaction Documents. With respect to the Loans Advances made or renewed by it hereunderit, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Loan Agreement and the other Transaction Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Loan and Security Agreement (Emergent Capital, Inc.), Loan and Security Agreement (Imperial Holdings, Inc.)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though it were not the Administrative Agent. With respect to the its Term Loans made or renewed by it hereunderand with respect to any letter of credit issued or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Apollo Global Management LLC), Credit Agreement (Apollo Global Management LLC)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Parent Borrower and its Subsidiaries as though not acting as Administrative Agent hereunder. With respect to the Loans made by it hereunderand all Obligations owing to it, the Administrative Agent in its individual capacity and not as Administrative 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 Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Endurance Specialty Holdings LTD), Credit Agreement (Endurance Specialty Holdings LTD)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Subsidiaries and Affiliates as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Inergy L P), Credit Agreement (Inergy L P)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any Guarantor as though the Administrative Agent were not the Administrative Agent. With respect to the its Loans made or renewed by it hereunderand with respect to any Letter of Credit issued or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any other Lender and may exercise the same as though it were not the Administrative AgentAdministrative, and the Administrative Agent terms “Lender” and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not “Lenders” shall include the Administrative Agentin its individual capacity.

Appears in 2 contracts

Samples: Senior Secured Credit Agreement (Interstate Hotels & Resorts Inc), Senior Secured Credit Agreement (Interstate Hotels & Resorts Inc)

The Administrative Agent in its Individual Capacity. The --------------------------------------------------- Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Richfood Holdings Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though the Administrative Agent was not an agent. With respect to the its Loans made or renewed by it hereunderit, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agentan agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Sba Communications Corp)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Administrative Agent were not an agent hereunder. With respect to the its Loans made or renewed by it hereunderand with respect to any Letter of Credit issued or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agentan agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Bridge Loan Agreement (William Lyon Homes)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any Table of Contents kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderit, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity. The relationship between the Administrative Agent and its Affiliates may accept deposits fromthe Lenders, lend money and the relationship among the Lenders, is not intended by the parties to create, and generally engage in any kind of business with Holdingsshall not create, any Borrower trust, joint venture or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentpartnership relation between them.

Appears in 1 contract

Samples: Senior Unsecured Credit Agreement (Choice Hotels International Inc /De)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though Administrative Agent were not the Administrative Agent hereunder. With respect to the its Loans made or renewed by it hereunderit, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative AgentAgent hereunder, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Senior Lien Term Loan Credit Agreement (Forterra, Inc.)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and the other Credit Parties as though the Administrative Agent were not the Administrative Agent hereunder. With respect to Table of Contents the Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Credit Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Nci Building Systems Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and the other Credit Parties as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Credit Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Juno Lighting Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the Administrative Agent terms "Lender" and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agent."

Appears in 1 contract

Samples: Credit Agreement (Jack in the Box Inc /New/)

The Administrative Agent in its Individual Capacity. The --------------------------------------------------- Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Company, the Servicers, the Master Servicer or any of their affiliates as though the Administrative Agent were not the Administrative Agent. With respect to the Loans made any Participating Interests purchased or maintained by it hereunderunder this Agreement, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers hereunder as any other Lender Participant and may exercise the same as though it were not the Administrative Agent, and the term "Participant" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Receivables Transfer and Servicing Agreement (Waste Management Inc /De/)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Parent Borrower and its Subsidiaries as though not acting as Administrative Agent hereunder. With respect to the Term Loans made by it hereunderand all Obligations owing to it, the Administrative Agent in its individual capacity and not as Administrative 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 Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Term Loan Agreement (Endurance Specialty Holdings LTD)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrowers as though the Administrative Agent were not the Administrative Agent hereunder and without any duty to account therefor to the Lenders. With respect to the any Loans made or renewed by it hereunderand any Note issued to it and with respect to any Letter of Credit Issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Belk Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent, its Affiliates and each may make loans to, accept deposits from and generally engage in any kind of business with Parent and its Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the Loans made by it hereunderand all Obligations owing to it, the Administrative Agent in its individual capacity and not as Administrative 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 Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agenttheir individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Pike Electric CORP)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Loan Parties as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Knology Holdings Inc /Ga)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the Loans any Extensions of Credit made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Marshall Industries)

AutoNDA by SimpleDocs

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties and their Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the its Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers powers, duties and liabilities under the Credit Documents as any other Lender Bank and may exercise the same as though it were not the Administrative Agent, Agent and the terms "Bank" and "Banks" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Saks Holdings Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrowers as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Belk Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though the Administrative Agent were not the Administrative Agent. With respect to the its Loans made or renewed by it hereunderand with respect to any Letter of Credit issued or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (General Growth Properties Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Holdings and any of its Subsidiaries or Affiliates as though it were not the Administrative Agent. With respect to the its Loans made by it hereunderand any Notes or other promissory note issued to it, the Administrative Agent in its individual capacity and not as Administrative 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 Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Cigar Holdings Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the Loans any Advances made or renewed by it hereunderand any Promissory Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Financing Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Oxford Finance Corp)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Breed Technologies Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrowers and Guarantors as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the Loans made or renewed by it hereunderand any Revolving Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Revolving Loan Agreement (Arbor Realty Trust Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Northland Cable Properties Six LTD Partnership)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrowers as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Revolving Credit Loans made or renewed by it hereunderand any Revolving Credit Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Ct Communications Inc /Nc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Company and any of their Subsidiaries or Affiliates as though it were not the Administrative Agent. With respect to the its Loans made by it hereunderand any Notes or other promissory note issued to it, the Administrative Agent in its individual capacity and not as Administrative 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 Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (M & F Worldwide Corp)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the Loans any Extensions of Credit made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Kinder Morgan Bulk Terminals Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Holdings, the Company and its Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the its Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers powers, duties and liabilities under the Credit Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Carter William Co /Ga/)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrowers as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the Administrative Agent terms “Lender” and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agent.

Appears in 1 contract

Samples: Credit Agreement (Pool Corp)

The Administrative Agent in its Individual Capacity. The Administrative Agent, its Affiliates and each may make loans to, accept deposits from and generally engage in any kind of business with Holdings and its Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the Loans made by it hereunderand all Obligations owing to it, the Administrative Agent in its individual capacity and not as Administrative 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 Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agenttheir individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Pike Holdings, Inc.)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Blackbaud Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agent.,

Appears in 1 contract

Samples: Credit Agreement (DRS Technologies Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Loan Parties as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Knology Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though the Administrative Agent were not the Administrative Agent. With respect to the its Loans made or renewed by it hereunderand with respect to any Letter of Credit issued or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the Administrative terms "Lender" and "Lenders" shall include each Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Delphi Corp)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the Loans made or renewed by it hereunderand any Revolving Note issued to it, the Administrative Agent in its individual capacity and not as Administrative 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 Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Revolving Loan Agreement (Capital Lease Funding Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Transferor, the Servicer or any of their Affiliates as though such Administrative Agent were not an Administrative Agent. With respect to the Loans made by it hereunder, any interest the Administrative Agent may from time to time hold in its individual capacity and not as any Series 1995-1 Note, the Administrative Agent shall have the same rights and powers under this Supplement as any other Lender Purchaser and may exercise the same as though if it were not the an Administrative Agent, and the term "Purchaser" and "Purchasers" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Supplemental Indenture (American Finance Group Inc /De/)

The Administrative Agent in its Individual Capacity. The --------------------------------------------------- Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it and with respect to any Letter of Credit or any Aggregator Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Global Imaging Systems Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the Loans made by it hereunderany Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the term "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Subordination Agreement (General Finance CORP)

The Administrative Agent in its Individual Capacity. The --------------------------------------------------- Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the its Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers powers, duties and liabilities under the Credit Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Iwo Holdings Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrowers as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the Administrative Agent terms "Lender" and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agent."

Appears in 1 contract

Samples: Credit Agreement (Equifax Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Revolving Credit Loans made or renewed by it hereunderand with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the Administrative Agent terms "Lender" and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agent."

Appears in 1 contract

Samples: 364 Day Credit Agreement (Jones Apparel Group Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Transferor, the Collection Agent or any of their Affiliates as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any Transferred Interest held by the Loans made by it hereunderAdministrative Agent, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Transaction Documents as any other Lender Purchaser and may exercise the same as though it were not the Administrative Agent, and the terms “Committed Purchaser,” and “Purchaser” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Tyson Foods Inc)

The Administrative Agent in its Individual Capacity. With respect The Administrative Agent may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any Loan Party as though it were not the Administrative Agent hereunder and without notice to the Loans made by it hereunderor consent of any other Credit Party and such other Credit Parties acknowledge that, pursuant to such activities, the Administrative Agent may receive information regarding the Loan Parties (including information that may be subject to confidentiality obligations in favor of such Loan Parties) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its individual capacity and not as Loans, the Administrative Agent shall have the same rights and powers under this Credit Agreement as any other Lender and may exercise the same such rights and powers as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agent.

Appears in 1 contract

Samples: Secured Revolving Credit Agreement (Cowen Group, Inc.)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent was not the Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Performance Food Group Co)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Holdings and its Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the its Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers powers, duties and liabilities under the Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Loan and Security Agreement (Texas Market Tire, Inc.)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Transferor, the Collection Agent or any of their Affiliates as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any Transferred Interest held by the Loans made by it hereunderAdministrative Agent, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Transaction Documents as any other Lender Purchaser and may exercise the same as though it were not the Administrative Agent, and the term "Purchaser" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Metaldyne Corp)

The Administrative Agent in its Individual Capacity. The --------------------------------------------------- Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrowers as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Urban Outfitters Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the its Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers powers, duties and liabilities under the Credit Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, Agent and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Jostens Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Revolving Credit Loans made or renewed by it hereunderand any Revolving Credit Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Richfood Holdings Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, any other Loan Party, or any of their respective Subsidiaries or other Affiliates as though the Administrative Agent was not the Administrative Agent hereunder and under the other Loan Documents. With respect to the Loans made or renewed by it hereunderit, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it they were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Senior Secured Debtor in Possession Credit Agreement (Hertz Corp)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrowers as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it and with respect to any issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (RCN Corp /De/)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Credit Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (American Capital Strategies LTD)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrowers as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it, any Note issued to it, and any Letter of Credit issued by it hereunderor participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "'Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Vermont Pure Holdings LTD)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrowers, their Subsidiaries and their Affiliates as though not acting as Administrative Agent hereunder. With respect to the Loans made by it hereunderand all Obligations owing to it, the Administrative Agent in its individual capacity and not as Administrative 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 Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Cooper Companies Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the Administrative Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agent.,

Appears in 1 contract

Samples: Credit Agreement (Corrections Corporation of America)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!