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

The Agent in its Individual Capacity. In its individual capacity, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interest and may exercise the same as though it was not performing the duties specified herein. The terms “Lenders,” “Required Lenders,” “holders of Notes,” or any similar terms shall, unless the context clearly otherwise indicates, include Citibank in its individual capacity. The Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrowers or any Affiliate of the Borrowers as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrowers for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Appears in 4 contracts

Samples: Loan and Security Agreement (Trade Desk, Inc.), Loan and Security Agreement (Trade Desk, Inc.), Loan and Security Agreement (Trade Desk, Inc.)

AutoNDA by SimpleDocs

The Agent in its Individual Capacity. In its individual capacity, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Revolving Note or participation interest interests and may exercise the same as though it was not performing the duties specified herein. The terms "Lenders,” “Required " "Majority Lenders,” “" "holders of Revolving Notes," or any similar terms shall, unless the context clearly otherwise indicates, include Citibank the Agent in its individual capacity. The Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrowers or any Affiliate of the Borrowers as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrowers for services in connection with this Credit Agreement and otherwise without having to account for the same to the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Spinnaker Industries Inc), Credit Agreement (Spinnaker Industries Inc)

The Agent in its Individual Capacity. In its individual capacity, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interest and may exercise the same as though it was not performing the duties specified herein. The terms "Lenders,” “" "Required Lenders,” “" "holders of Notes," or any similar terms shall, unless the context clearly otherwise indicates, include Citibank NFBC in its individual capacity. The Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrowers Borrower or any Affiliate of the Borrowers Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrowers Borrower for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Appears in 2 contracts

Samples: Loan and Security Agreement (American Railcar Industries, Inc./De), Loan and Security Agreement (American Railcar Industries, Inc./De)

The Agent in its Individual Capacity. In its individual capacity, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Revolving Credit Note or participation interest and may exercise the same as though it was not performing the duties specified herein. The terms “Lenders,” “Required Lenders,” “holders of Revolving Credit Notes,” or any similar terms shall, unless the context clearly otherwise indicates, include Citibank CitiCapital in its individual capacity. The Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrowers Borrower or any Affiliate of the Borrowers Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrowers Borrower for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Hooper Holmes Inc)

AutoNDA by SimpleDocs

The Agent in its Individual Capacity. In its individual capacity, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interest and may exercise the same as though it was not performing the duties specified herein. The terms “Lenders,” “Required Lenders,” “holders of Notes,” or any similar terms shall, unless the context clearly otherwise indicates, include Citibank NFBC in its individual capacity. The Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrowers Borrower or any Affiliate of the Borrowers Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrowers Borrower for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (American Railcar Industries, Inc.)

The Agent in its Individual Capacity. In its individual capacity, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interest interests and may exercise the same as though it was not performing the duties specified herein. The terms "Lenders,” “Required " "Majority Lenders,” “" "holders of Notes," or any similar terms shall, unless the context clearly otherwise indicates, include Citibank the Agent in its individual capacity. The Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrowers or any Affiliate of the Borrowers as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrowers for services in connection with this Credit Agreement and otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Safety 1st Inc)

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