The Facility Agent in its Individual Capacity Sample Clauses

The Facility Agent in its Individual Capacity. With respect to its obligation to make Loans under this Agreement, each of the Agents shall have the rights and powers specified herein for a “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “Lenders,” “Secured Creditors”, “Required Lenders”, “holders of Notes” or any similar terms shall, unless the context clearly otherwise indicates, include each of the Agents in their respective individual capacity. Each of the Agents may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with any Credit Party or any Affiliate of any Credit Party as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower or any other Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.
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The Facility Agent in its Individual Capacity. With respect to its obligation to lend under this Agreement in its capacity as Lender and its rights and obligations under the other Financing Documents in such capacity, the Facility Agent shall have the same rights and powers as any holder of a Guaranteed Note or participation interest and may exercise the same as though it were not performing the Facility Agent duties specified herein and the terms “Lender,” “holders of Guaranteed Notes” or any similar terms shall, unless the context clearly otherwise indicates, include the Facility Agent in its individual capacity as Lender. The Facility Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with the Borrower or any Affiliate thereof as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower for services in connection with this Agreement and otherwise without having to account for the same to the Lender or (without limiting the applicability of Section 8.02)
Sample 1
The Facility Agent in its Individual Capacity. With respect to its obligation to lend under this Agreement in its capacity as Lender and its rights and obligations under the other Financing Documents in such capacity, the Facility Agent shall have the same rights and powers as any holder of a Guaranteed Note or participation interest and may exercise the same as though it were not performing the Facility Agent duties specified herein and the terms "Lender," "holders of Guaranteed Notes" or any similar terms shall, unless the context clearly otherwise indicates, include the Facility Agent in its individual capacity as Lender. The Facility Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with the Borrower or any Affiliate thereof as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower for services in connection with this Agreement and otherwise without having to account for the same to Ex-Im Bank or any other party. Notwithstanding anything to the contrary expressed or implied herein, the Facility Agent shall not be bound to (a) account to Ex-Im Bank or any other party for any sum or the profit element of any sum received by it for its own account, or (b) disclose to any other Person any information relating to the Borrower if such disclosure would or might in its opinion constitute a breach of any law or regulation or otherwise be actionable at the suit of any Person.
Sample 1

Related to The Facility Agent in its Individual Capacity

  • 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, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any 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 Administrative Agent in its Individual Capacity The bank serving as the Administrative Agent shall have the same rights and powers under this Agreement and any other Loan Document in its capacity as a Lender as any other Lender and may exercise or refrain from exercising the same as though it were not the Administrative Agent; and the terms “Lenders”, “Required Lenders”, “holders of Notes”, or any similar terms shall, unless the context clearly otherwise indicates, include the Administrative Agent in its individual capacity. The bank acting as the Administrative Agent and its Affiliates may accept deposits from, lend money to, and generally engage in any kind of business with the Borrower or any Subsidiary or Affiliate of the Borrower as if it were not the Administrative Agent hereunder.

  • Agents in Their Individual Capacity Each 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 Loan Party as though such persons were not an Agent hereunder and under the other Loan Documents. With respect to the Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and the Collateral Agent in their individual capacities.

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