Common use of The Agents Individually Clause in Contracts

The Agents Individually. The Administrative Agent, the U.S. Collateral Agents and its respective Affiliates may make loans and other extensions of credit to, acquire Equity Interests and Equity Equivalents of, engage in any kind of business with, any U.S. Loan Party or Affiliate thereof as though it were not acting as Administrative Agent or U.S. Collateral Agent and may receive separate fees and other payments therefor. To the extent that any of the Administrative Agent, the U.S. Collateral Agents or any of its respective Affiliates makes any Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender”, “U.S. Revolving Credit Lender”, “Term Loan Lender”, “Required Lender”, “Required U.S. Revolving Credit Lender” and “Required Term Loan Lender” and any similar terms shall, except where otherwise expressly provided in any U.S. Loan Document, include the Administrative Agent, the U.S. Collateral Agents or such Affiliate, as the case may be, in its individual capacity as Lender, U.S. Revolving Credit Lender, Term Loan Lender or as one of the Required Lenders, Required U.S. Revolving Credit Lenders or Required Term Loan Lenders respectively.

Appears in 3 contracts

Samples: Credit Agreement (Hill International, Inc.), Credit Agreement (Hill International, Inc.), Credit Agreement (Hill International, Inc.)

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The Agents Individually. The (a) With respect to its Commitments and the Loans made by it, the Administrative Agent (and any successor acting as Administrative Agent, if any, as permitted by SECTION 13.08(a)) in its capacity as a Lender under the U.S. Collateral Agents Loan Documents shall have the same rights, privileges and its respective Affiliates powers under the Loan Documents as any other Lender and may make loans and other extensions of credit to, acquire Equity Interests and Equity Equivalents of, engage in any kind of business with, any U.S. Loan Party or Affiliate thereof exercise the same as though it were not acting as Administrative Agent, and the term “Lender” or “Lenders” shall, unless the context otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent (and any successor acting as Administrative Agent) and its Affiliates may (without having to account for the same to any Lender) accept deposits from, lend money to, make investments in and generally engage in any kind of banking, trust, principal investment or U.S. Collateral other business with the Borrower (and any of its Subsidiaries or Affiliates) as if it were not acting as Administrative Agent, and the Administrative Agent (and its successors) and its Affiliates may receive separate accept fees and other payments therefor. To consideration from the extent that Borrower (or any of other Person) for services in connection with this Agreement or otherwise without having to account for the Administrative same to the Lenders. (b) With respect to its Commitments and the Loans made by it, the Collateral Agent (and any successor acting as the Collateral Agent, the U.S. Collateral Agents or any of if any, as permitted by SECTION 13.08(b) in its respective Affiliates makes any Loan or otherwise becomes capacity as a Lender hereunder, it under the Loan Documents shall have the same rights, privileges and powers under the Loan Documents as any other Lender and may exercise the same rights and powers hereunder and shall be subject to as though it were not acting as the same obligations and liabilities as any other Lender Collateral Agent, and the terms term “Lender”, ” or U.S. Revolving Credit Lender”, “Term Loan Lender”, “Required Lender”, “Required U.S. Revolving Credit LenderLendersand “Required Term Loan Lender” and any similar terms shall, except where unless the context otherwise expressly provided in any U.S. Loan Documentindicates, include the Administrative Agent, the U.S. Collateral Agents or such Affiliate, as the case may be, Agent in its individual capacity capacity. The Collateral Agent (and any successor acting as the Collateral Agent) and its Affiliates may (without having to account for the same to any Lender) accept deposits from, U.S. Revolving Credit Lenderlend money to, Term Loan Lender make investments in and generally engage in any kind of banking, trust, principal investment or other business with the Borrower (and any of its Subsidiaries or Affiliates) as one of if it were not acting as the Required Collateral Agent, and the Collateral Agent (and its successors) and its Affiliates may accept fees and other consideration from the Borrower (or any other Person) for services in connection with this Agreement or otherwise without having to account for the same to the Lenders, Required U.S. Revolving Credit Lenders or Required Term Loan Lenders respectively.

Appears in 1 contract

Samples: Superpriority Debtor in Possession Credit Agreement (James River Coal CO)

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