Agent in Its Individual Capacity. Each 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 Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 279 contracts
Samples: Credit Agreement (Ultra Clean Holdings, Inc.), Credit Agreement (Essential Properties Realty Trust, Inc.), Credit Agreement (MSC Industrial Direct Co Inc)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued issued, or Letter of Credit or Swingline Loan participated in in, 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 each Agent in its individual capacity.
Appears in 90 contracts
Samples: Incremental Assumption and Amendment Agreement (ADT Inc.), Incremental Assumption and Amendment Agreement (ADT Inc.), Credit Agreement (United Parks & Resorts Inc.)
Agent in Its Individual Capacity. Each 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 Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 77 contracts
Samples: Credit Agreement (Tempus AI, Inc.), Credit Agreement (Tempus AI, Inc.), Credit Agreement (Tempus AI, Inc.)
Agent in Its Individual Capacity. Each 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 Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 70 contracts
Samples: Credit Agreement (Tango of Arundel, Inc.), Credit Agreement (Agl Resources Inc), Credit Agreement (Infrasource Services Inc)
Agent in Its Individual Capacity. Each 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 Agent were was not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 41 contracts
Samples: Credit Agreement (Charter Communications Holdings Capital Corp), Credit Agreement (Salton Maxim Housewares Inc), Credit Agreement (Nebraska Book Co)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Borrower as though such Agent were not an Agent. With respect to its Revolving Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 37 contracts
Samples: Credit Agreement (Public Service Co of Colorado), Credit Agreement (Public Service Co of Colorado), Credit Agreement (Public Service Co of Colorado)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued issued, or Letter of Credit participated in in, 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 each Agent in its individual capacity.
Appears in 33 contracts
Samples: Credit Agreement (Cerence Inc.), Restatement Agreement (EDGEWELL PERSONAL CARE Co), Credit Agreement (Norwegian Cruise Line Holdings Ltd.)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 31 contracts
Samples: Credit Agreement (Chicken Soup for the Soul Entertainment, Inc.), Mortgage, Security Agreement (Mallinckrodt PLC), Possession Credit Agreement (Mallinckrodt PLC)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 28 contracts
Samples: Credit Agreement (Sba Communications Corp), Credit Agreement (Sba Communications Corp), Credit Agreement (Air Lease Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 25 contracts
Samples: Revolving Credit Agreement (Bunge Global SA), Credit Agreement (Bunge Global SA), Credit Agreement (Bungeltd)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such the Administrative Agent were not an the Administrative Agent. With respect to its Term Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 the Administrative Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 20 contracts
Samples: Assignment and Acceptance (AZEK Co Inc.), Merger Agreement (PET Acquisition LLC), Second Amendment Agreement (PET Acquisition LLC)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Credit Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each Agent shall have the same rights and powers under this Agreement and the other Loan Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender”, “Lenders”, “Secured Party” and “LendersSecured Parties” shall include each Agent in its individual capacity.
Appears in 19 contracts
Samples: Credit Agreement (Rubrik, Inc.), Credit Agreement (TerrAscend Corp.), Credit Agreement (Rubrik, Inc.)
Agent in Its Individual Capacity. Each Agent and its respective subsidiaries and affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Borrower as though such Agent it were not an AgentAgent hereunder. With respect to its any Loans made or renewed by it and with respect any Revolving Credit Note issued to any Letter of Credit issued or participated in 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 each the Administrative Agent in its individual capacity.
Appears in 18 contracts
Samples: Credit Agreement (Cooper River Properties LLC), Credit Agreement (Cooper River Properties LLC), Credit Agreement (Broad River Properties L L C)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Borrower as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 18 contracts
Samples: Credit Agreement (Fair Isaac Corp), Credit Agreement (Public Service Co of Colorado), Credit Agreement (Fair Isaac Corp)
Agent in Its Individual Capacity. Each 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 Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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”, “Lenders”, “Secured Party” and “LendersSecured Parties” shall include each Agent in its individual capacity.
Appears in 18 contracts
Samples: Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair L P), Credit Agreement (Cedar Fair L P)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Borrower as though such Agent were not an AgentAgent hereunder and under the other Loan Documents. With respect to its Loans made or renewed by it and with respect to it, any Letter of Credit issued or participated in by itit and its Commitment hereunder, each Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender Bank and may exercise the same as though it were not an Agent, and the terms “LenderBank” and “LendersBanks” shall include the each Agent in its individual capacity.
Appears in 17 contracts
Samples: Credit Agreement (Centerpoint Energy Resources Corp), Credit Agreement (Centerpoint Energy Resources Corp), Sigeco Credit Agreement (Centerpoint Energy Resources Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such the Administrative Agent were not an the Administrative Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued issued, or Letter of Credit or Swingline Loan participated in 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 the Administrative Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 16 contracts
Samples: Revolving Credit Agreement (AZEK Co Inc.), Revolving Credit Agreement (AZEK Co Inc.), Revolving Credit Agreement (AZEK Co Inc.)
Agent in Its Individual Capacity. Each 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 Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 15 contracts
Samples: Credit Agreement (Anc Rental Corp), Collateral Agreement (Sirius Satellite Radio Inc), Credit Agreement (Rodamco North America N V)
Agent in Its Individual Capacity. Each 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 Agent were was not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 14 contracts
Samples: Credit Agreement (Neogen Corp), Credit Agreement (Garden SpinCo Corp), Collateral Agreement (Tenneco Inc)
Agent in Its Individual Capacity. Each 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 Agent were not an Agent. With respect to its Revolving Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 14 contracts
Samples: Credit Agreement (Westar Energy Inc /Ks), Second Extension Agreement (Westar Energy Inc /Ks), Third Amendment (Southern Star Central Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Borrower as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 12 contracts
Samples: Day Term Loan Agreement (Xcel Energy Inc), Loan Agreement (Xcel Energy Inc), Day Term Loan Agreement (Xcel Energy Inc)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 11 contracts
Samples: Credit Agreement (Trico Marine Services Inc), Credit Agreement (Fedex Corp), Day Credit Agreement (Thermo Electron Corp)
Agent in Its Individual Capacity. Each 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 Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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,” “Lenders,” “Secured Party” and “LendersSecured Parties” shall include each Agent in its individual capacity.
Appears in 10 contracts
Samples: Credit Agreement (Alkermes Plc.), Credit Agreement (LivaNova PLC), Credit Agreement (LivaNova PLC)
Agent in Its Individual Capacity. Each 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 Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each Agent shall have the same rights and powers under this Agreement and the other applicable 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 each Agent in its individual capacity.
Appears in 10 contracts
Samples: Credit Agreement (Engility Holdings, Inc.), Credit Agreement (Engility Holdings, Inc.), Credit Agreement (Engility Holdings, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party and its affiliates as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 9 contracts
Samples: Guarantee Agreement, Credit Agreement (NBCUniversal Media, LLC), Credit Agreement
Agent in Its Individual Capacity. Each 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 Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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,” “Lenders,” “Secured Party” and “LendersSecured Parties” shall include each Agent in its individual capacity.
Appears in 8 contracts
Samples: Credit Agreement (INC Research Holdings, Inc.), Credit Agreement (INC Research Holdings, Inc.), Credit Agreement (INC Research Holdings, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Credit Party as though such Agent were not an AgentAgent hereunder. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each Agent shall have the same rights and powers powers, duties and liabilities under this Agreement and the other Loan Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each such Agent in its individual capacity.
Appears in 8 contracts
Samples: Credit Agreement (Language Line Services Holdings, Inc.), Credit Agreement (LL Services Inc.), Credit Agreement (Language Line, Inc.)
Agent in Its Individual Capacity. Each 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 Agent were was not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 7 contracts
Samples: Agent Agreement (Exide Corp), Credit Agreement (Nationwide Credit Inc), Credit Agreement (Bedding Experts Inc)
Agent in Its Individual Capacity. Each 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 Agent were not an Agent. With respect to its Term Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 7 contracts
Samples: Credit Agreement (Calpine Corp), Credit Agreement (Micron Technology Inc), Credit Agreement (Calpine Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party Borrower as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 7 contracts
Samples: Credit Agreement (Aspen Insurance Holdings LTD), Credit Agreement (Aspen Insurance Holdings LTD), Credit Agreement (Aspen Insurance Holdings LTD)
Agent in Its Individual Capacity. Each 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 Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter Letters of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 6 contracts
Samples: Revolving Credit and Term Loan Agreement (MPT Operating Partnership, L.P.), Guarantee Agreement (MPT Operating Partnership, L.P.), Revolving Credit Agreement (Medical Properties Trust Inc)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from, purchase and accept B/As from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued issued, or Letter of Credit or Swingline Loan participated in in, 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 each Agent in its individual capacity.
Appears in 6 contracts
Samples: Incremental Assumption Agreement (Momentive Specialty Chemicals Inc.), Intercreditor Agreement (Hexion Specialty Chemicals, Inc.), Credit Agreement (Hexion Specialty Chemicals, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Parent Borrower or any Loan Party of its Subsidiaries as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 6 contracts
Samples: Credit Agreement (Domtar CORP), Credit Agreement (Domtar CORP), Credit Agreement (Domtar CORP)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each Agent shall have the same rights and powers under this Agreement and the other applicable 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 each Agent in its individual capacity.
Appears in 6 contracts
Samples: Credit Agreement (Booz Allen Hamilton Holding Corp), Credit Agreement (Booz Allen Hamilton Holding Corp), Intercreditor Agreement (Covetrus, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans or Swingline Loan made or renewed by it and with respect to any Letter of Credit or Acceptance, issued or participated in by it, as applicable, each Agent shall have the same rights and powers under this Agreement and the other applicable 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 each Agent in its individual capacity.
Appears in 6 contracts
Samples: Collateral Agreement (Revlon Consumer Products Corp), Existing Credit Agreement (Revlon Consumer Products Corp), Lender Joinder Agreement (Revlon Consumer Products Corp)
Agent in Its Individual Capacity. Each 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 Agent were was not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 6 contracts
Samples: Timberlands Pledge Agreement (Bear Island Finance Co Ii), Credit Agreement (Charter Communications Inc /Mo/), Guarantee and Collateral Agreement (Allied Riser Communications Corp)
Agent in Its Individual Capacity. Each Agent Agent, and each of its affiliates Affiliates may make loans to, purchase securities from, provide services to, accept deposits from and generally engage in any kind of business with the Loan Parties or any Affiliate of the Loan Party Parties as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacityhereunder.
Appears in 6 contracts
Samples: Note and Equity Purchase Agreement (American Capital Strategies LTD), Note and Equity Purchase Agreement (Mirion Technologies, Inc.), Note and Equity Purchase Agreement (Mirion Technologies, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 5 contracts
Samples: Term Loan Credit Agreement, Joinder Agreement (Sears Holdings Corp), Joinder Agreement (Sears Holdings Corp)
Agent in Its Individual Capacity. Each Agent and each of its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any Loan Party Affiliate of the Borrower as though such Agent were not an AgentAgent hereunder. With respect to Advances made by an Agent (in its Loans made individual capacity) or renewed by it any of its Affiliates pursuant to this Agreement, such Agent and with respect to any Letter each of Credit issued or participated in by it, each Agent its Affiliates 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 each Agent in its individual capacity.
Appears in 5 contracts
Samples: Loan and Servicing Agreement (Prospect Capital Corp), Loan and Servicing Agreement (Prospect Capital Corp), Loan and Servicing Agreement (Prospect Capital Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Borrower as though such Agent were not an AgentAgent hereunder and under the other Loan Documents. With respect to its Loans made or renewed by it and with respect to it, any Letter of Credit issued or participated in by itit and its Commitment hereunder, each Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender Bank and may exercise the same as though it were not an Agent, and the terms “Lender” "Bank" and “Lenders” "Banks" shall include the each Agent in its individual capacity.
Appears in 5 contracts
Samples: Credit Agreement (Centerpoint Energy Houston Electric LLC), Credit Agreement (Centerpoint Energy Inc), Credit Agreement (Centerpoint Energy Houston Electric LLC)
Agent in Its Individual Capacity. Each 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 Agent were not an Agent. With respect to its Loans Advances made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 5 contracts
Samples: Credit Agreement (Sears Holdings Corp), Credit Agreement (Sears Canada Inc.), Intercreditor Agreement (Sears Holdings Corp)
Agent in Its Individual Capacity. Each 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 Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 5 contracts
Samples: Credit Agreement (Parsley Energy, Inc.), Credit Agreement (Parsley Energy, Inc.), Credit Agreement (Black Ridge Oil & Gas, Inc.)
Agent in Its Individual Capacity. Each The Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan a Credit Party as though such the Agent were not an AgentAgent hereunder. With respect to its the Loans made or renewed by it and with respect to any Letter made, Letters of Credit issued or participated in by and all Obligations owing to it, each the Agent shall have the same rights and powers under this Credit Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not an the Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 5 contracts
Samples: Credit Agreement (DCP Midstream Partners, LP), Credit Agreement (Spectra Energy Partners, LP), Credit Agreement (DCP Midstream Partners, LP)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 4 contracts
Samples: Credit Agreement (Interstate Bakeries Corp/De/), Credit Agreement (Interstate Bakeries Corp/De/), Credit Agreement (Aveta Inc)
Agent in Its Individual Capacity. Each 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 Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to it, any Letter of Credit issued or participated in by itit and any other extension of credit made by it hereunder, 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 each Agent in its individual capacity.
Appears in 4 contracts
Samples: Credit Agreement (Ford Motor Co), Guarantee Agreement (General Motors Co), Credit Agreement (General Motors Co)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such the Administrative Agent were not an the Administrative Agent. With respect to its Term Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 the Administrative Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 4 contracts
Samples: Credit Agreement (Amneal Pharmaceuticals, Inc.), Term Loan Credit Agreement (Amneal Pharmaceuticals, Inc.), Assignment and Acceptance (Amneal Pharmaceuticals, Inc.)
Agent in Its Individual Capacity. Each The Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any Loan Party Affiliate of the Borrower as though such the Agent were not an Agentthe Agent hereunder. With respect to its Loans made or renewed by it and with respect the Obligations owing to any Letter of Credit issued or participated in by itthe Agent hereunder, each the Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender other Secured Party and may exercise the same as though it were not an the Agent, and the terms term “Lender” and “LendersSecured Party” shall include each the Agent in its individual capacity.
Appears in 4 contracts
Samples: Credit and Security Agreement (GWG Holdings, Inc.), Credit and Security Agreement (GWG Holdings, Inc.), Credit and Security Agreement (Brooke Corp)
Agent in Its Individual Capacity. Each Applicable 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 Applicable Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each Applicable 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 Applicable Agent, and the terms “Lender” and “Lenders” shall include each Applicable Agent in its individual capacity.
Appears in 4 contracts
Samples: Day Revolving Credit Agreement (Ford Motor Co), Revolving Credit Agreement (Ford Motor Co), Day Revolving Credit Agreement (Ford Motor Co)
Agent in Its 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 or any Loan Party of its Subsidiaries as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 4 contracts
Samples: Credit Agreement (Northwestern Corp), Credit Agreement (Northwestern Corp), Credit Agreement (Northwestern Corp)
Agent in Its Individual Capacity. Each 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 Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 4 contracts
Samples: Revolving Credit Agreement (Nuance Communications, Inc.), Revolving Credit Agreement (Nuance Communications, Inc.), Revolving Credit Agreement (Nuance Communications, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were was not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 4 contracts
Samples: Credit Agreement (Nebraska Book Co), Credit Agreement (NBC Acquisition Corp), Credit Agreement (Nebraska Book Co)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from, purchase and accept B/As from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued issued, or Letter of Credit or Swingline Loan participated in in, 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 each Agent in its individual capacity.
Appears in 4 contracts
Samples: Asset Based Revolving Credit Agreement (Hexion Inc.), Amendment Agreement (Hexion Inc.), Amendment Agreement (Hexion Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Borrower as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 4 contracts
Samples: Credit Agreement (Pg&e Corp), Credit Agreement (Nevada Power Co), Credit Agreement (ITC Holdings Corp.)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued issued, or Letter of Credit or Swingline Loan participated in in, 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 each Agent in its individual capacity.
Appears in 3 contracts
Samples: Credit Agreement (Momentive Performance Materials Inc.), Collateral Access Agreement (Momentive Performance Materials Inc.), Collateral Access Agreement (Momentive Performance Materials Inc.)
Agent in Its Individual Capacity. Each The Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Credit Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each the Agent shall have the same rights and powers under this Agreement and the other Loan Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender”, “Lenders”, “Secured Party” and “LendersSecured Parties” shall include each the Agent in its individual capacity.
Appears in 3 contracts
Samples: Credit Agreement (ARKO Corp.), Credit Agreement (ARKO Corp.), Credit Agreement (ARKO Corp.)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and any Loan other Credit Party as though such Agent were not an AgentAgent hereunder and under the other Credit Documents. With respect to its the Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each Agent shall have the same rights and powers under this Agreement and the other Loan Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 3 contracts
Samples: Collateral Agency Agreement (California Resources Corp), Credit Agreement (California Resources Corp), Passu Intercreditor Agreement (California Resources Corp)
Agent in Its Individual Capacity. Each The Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with either Borrower any Loan Party Affiliate of either Borrower as though such the Agent were not an Agentthe Agent hereunder. With respect to its Loans made or renewed by it and with respect the Obligations owing to any Letter of Credit issued or participated in by itthe Agent hereunder, each the Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender other Secured Party and may exercise the same as though it were not an the Agent, and the terms term “Lender” and “LendersSecured Party” shall include each the Agent in its individual capacity.
Appears in 3 contracts
Samples: Credit and Security Agreement, Credit and Security Agreement (GWG Holdings, Inc.), Credit and Security Agreement (GWG Holdings, Inc.)
Agent in Its Individual Capacity. Each 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 Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 3 contracts
Samples: Credit Agreement (American Pharmaceutical Partners Inc /Ca/), Credit Agreement (Ifco Systems Nv), Credit Agreement (Infonet Services Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party Group Member as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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”, “Lenders”, “Secured Party” and “LendersSecured Parties” shall include each Agent in its individual capacity.
Appears in 3 contracts
Samples: Credit Agreement (Metropcs Communications Inc), Credit Agreement (Metropcs Communications Inc), Credit Agreement (Metropcs Communications Inc)
Agent in Its Individual Capacity. Each The Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such the Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each the Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender the Issuing Bank or L/C Lender, as applicable, and may exercise the same as though it were not an Agent, and the terms “Issuing Bank”, “Lender” and “Lenders” shall include each the Agent in its individual capacity.
Appears in 3 contracts
Samples: Credit and Reimbursement Agreement (Sears Holdings Corp), Credit and Reimbursement Agreement (Sears Holdings Corp), Letter of Credit and Reimbursement Agreement (Sears Holdings Corp)
Agent in Its Individual Capacity. Each 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 Agent were not an Agent. With respect to its Term Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 3 contracts
Samples: Term Loan Agreement (Williams Companies Inc), Term Loan Agreement (Haights Cross Communications Inc), B&g Foods Inc
Agent in Its Individual Capacity. Each 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 Agent were not an Agent. With respect to its Revolving Credit Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 3 contracts
Samples: Amendment and Restatement (Sba Communications Corp), Credit Agreement (Sba Communications Corp), Credit Agreement (Sba Communications Corp)
Agent in Its Individual Capacity. Each 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 Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 3 contracts
Samples: Credit Agreement (Rotech Healthcare Inc), Credit Agreement (Rotech Healthcare Inc), Credit Agreement (Rotech Healthcare Inc)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued issued, or Letter of Credit or Swingline Loan participated in in, 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 each Agent in its individual capacity.
Appears in 3 contracts
Samples: Security Agreement (SeaWorld Entertainment, Inc.), Credit Agreement (Verso Corp), Revolving Credit Agreement (Berry Plastics Corp)
Agent in Its Individual Capacity. Each 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 Agent were was not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 3 contracts
Samples: 2 (Taboola.com Ltd.), Credit Agreement (Taboola.com Ltd.), Credit Agreement (Taboola.com Ltd.)
Agent in Its Individual Capacity. Each The 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 the Agent were not an Agentthe Agent hereunder. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each the 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 Agentthe Agent hereunder, and the terms “Lender” and “Lenders” shall include each the Agent in its individual capacity.
Appears in 3 contracts
Samples: Abl Credit Agreement (Specialty Building Products, Inc.), Credit Agreement (Specialty Building Products, Inc.), Intercreditor Agreement (Forterra, Inc.)
Agent in Its Individual Capacity. Each The Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any Loan Party Affiliate of the Borrower as though such the Agent were not an Agentthe Agent hereunder. With respect to its Loans made or renewed by it and with respect the Secured Obligations owing to any Letter of Credit issued or participated in by itthe Agent hereunder, each the Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender other Secured Party and may exercise the same as though it were not an the Agent, and the terms term “Lender” and “LendersSecured Party” shall include each the Agent in its individual capacity.
Appears in 3 contracts
Samples: Loan and Security Agreement (Medallion Financial Corp), Loan and Security Agreement (Medallion Financial Corp), Loan and Security Agreement (Medallion Financial Corp)
Agent in Its Individual Capacity. Each Agent and Arranger 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 Agent or Arranger were not an AgentAgent or an Arranger, respectively. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each Agent and Arranger 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 AgentAgent or an Arranger, and the terms “"Lender” " and “"Lenders” " shall include each Agent in its individual capacity.
Appears in 3 contracts
Samples: Term Loan Agreement (Eddie Bauer Holdings, Inc.), Term Loan Agreement (Eddie Bauer Holdings, Inc.), Guarantee and Collateral Agreement (Eddie Bauer Holdings, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such the Administrative Agent were not an the Administrative Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued issued, or Letter of Credit participated in 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 the Administrative Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 3 contracts
Samples: Collateral Agreement (Amneal Pharmaceuticals, Inc.), Credit Agreement (Amneal Pharmaceuticals, Inc.), Credit Agreement (Amneal Pharmaceuticals, Inc.)
Agent in Its Individual Capacity. Each The Agent and its affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued issued, or Letter of Credit or Swingline Loan participated in in, by it, each the 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 each Agent in its individual capacity.
Appears in 3 contracts
Samples: Credit Agreement (Westrock Coffee Co), Credit Agreement (Westrock Coffee Co), Incremental Assumption Agreement (Westrock Coffee Co)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party and its affiliates as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 3 contracts
Samples: Term Loan Credit Agreement (NBCUniversal Media, LLC), Bridge Credit Agreement, Term Loan Credit Agreement
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party Group Member as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 3 contracts
Samples: Credit Agreement (Gartner Inc), Credit Agreement (American Real Estate Partners L P), Credit Agreement (American Real Estate Partners L P)
Agent in Its Individual Capacity. Each 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 Agent were not an Agent. With respect to its Revolving Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 3 contracts
Samples: Credit Agreement (Synopsys Inc), Credit Agreement (Synopsys Inc), Credit Agreement (Synopsys Inc)
Agent in Its Individual Capacity. Each The Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any Loan other Credit Party as though such the Agent were not an Agentthe Agent hereunder. With respect to its the Loans made or renewed by it and with respect to any Letter Letters of Credit issued or participated in by and all obligations owing to it, each the Agent shall have the same rights and powers under this Credit Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not an the Agent, and the terms “"Lender” " and “"Lenders” " shall include each the Agent in its individual capacity.
Appears in 3 contracts
Samples: Credit Agreement (Colonial Realty Limited Partnership), Credit Agreement (Colonial Properties Trust), Credit Agreement (Colonial Realty Limited Partnership)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Term Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 2 contracts
Samples: Joinder Agreement (Sears Holdings Corp), Second Lien Credit Agreement (Sears Holdings Corp)
Agent in Its Individual Capacity. Each The 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 the Agent were not an Agentthe Agent hereunder. With respect to its Loans made or renewed by it and with respect any Note issued to any Letter of Credit issued or participated in by it, each the 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 the Agent, and the terms “"Lender” " and “"Lenders” " shall include each the Agent in its individual capacity.
Appears in 2 contracts
Samples: Credit Agreement (BMJ Medical Management Inc), Credit and Guaranty Agreement (BMJ Medical Management Inc)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each Agent shall have the same rights and powers under this Agreement and the other applicable 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 each Agent in its individual capacity.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Revlon Consumer Products Corp), Brandco Credit Agreement (Revlon Inc /De/)
Agent in Its Individual Capacity. Each The Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Credit Party as though such the Agent were not an AgentAgent hereunder. With respect to its the Loans made or renewed by it and with respect all obligations of the Borrower hereunder and under the other Credit Documents owing to any Letter of Credit issued or participated in by it, each the Agent shall have the same rights and powers under this Credit Agreement and the other Loan Documents as any Lender and may exercise the same as though it they were not an Agent, and the terms “"Lender” " and “"Lenders” " shall include each the Agent in its individual capacity.
Appears in 2 contracts
Samples: Credit Agreement (Genicom Corp), Credit Agreement (Hunt Manufacturing Co)
Agent in Its Individual Capacity. Each 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 Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each Agent shall have the same rights and powers under this Agreement and the other Loan Documents Papers as any Lender and may exercise the same as though it were not an Agent, and the terms “"Lender” " and “Lenders” shall include each Agent in its individual capacity."
Appears in 2 contracts
Samples: Credit Agreement (Centurytel Inc), Credit Agreement (Centurytel Inc)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party Group Member as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 2 contracts
Samples: Credit Agreement (Coventry Health Care Inc), Credit Agreement (Stratosphere Leasing, LLC)
Agent in Its Individual Capacity. Each 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 Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 2 contracts
Samples: Bridge Credit Agreement (Precision Drilling Trust), Senior Bridge Loan Agreement (Charter Communications Inc /Mo/)
Agent in Its Individual Capacity. Each 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 Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.this
Appears in 2 contracts
Samples: Amendment Agreement (Ultra Clean Holdings, Inc.), Credit Agreement (Dura Automotive Systems Inc)
Agent in Its Individual Capacity. Each 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 Agent were was not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 2 contracts
Samples: Credit Agreement (Sba Communications Corp), Credit Agreement (Lifepoint Hospitals Inc)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 2 contracts
Samples: Credit Agreement (Bungeltd), Credit Agreement (Investment Technology Group, Inc.)
Agent in Its Individual Capacity. Each The 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 the Agent were was not an the Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each the 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 the Agent, and the terms “"Lender” " and “"Lenders” " shall include each the Agent in its individual capacity.
Appears in 2 contracts
Samples: Credit Agreement (Friendly Ice Cream Corp), Credit Agreement (Friendlys Restaurants Franchise Inc)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such Agent were not an the Administrative Agent or the Collateral Agent, as the case may be. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 the Administrative Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 2 contracts
Samples: Credit Agreement (Xerox Corp), Xerox Corp
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Credit Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each Agent shall have the same rights and powers under this Agreement and the other Loan Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 2 contracts
Samples: Credit Agreement (Trico Marine Services Inc), Credit Agreement (Trico Marine Services Inc)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Borrower and its affiliates as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 2 contracts
Samples: First Amendment (NBCUniversal Media, LLC), Year Credit Agreement (General Electric Co)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Agreement Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 2 contracts
Samples: Credit Agreement (Continental Building Products, Inc.), First Lien Credit Agreement (Continental Building Products, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or Letter of Credit participated in in, 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 each Agent in its individual capacity.. 199
Appears in 2 contracts
Samples: Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Dave & Buster's Entertainment, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party Company as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each Agent shall have the same rights and powers under this Agreement and the other Loan Documents Papers as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.
Appears in 2 contracts
Samples: Credit Agreement (Centurytel Inc), Credit Agreement (Centurytel Inc)
Agent in Its Individual Capacity. Each 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 Agent were was not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each Agent shall have the same rights rights, powers and powers duties 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 each Agent in its individual capacity.
Appears in 2 contracts
Samples: Credit Agreement (Bear Island Finance Co Ii), Credit Agreement (Bear Island Finance Co Ii)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter letter of Credit credit issued or participated in 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 each Agent in its individual capacity.
Appears in 2 contracts
Samples: Loan Agreement (Century Aluminum Holdings, Inc.), Loan Agreement (Century Louisiana, Inc.)
Agent in Its Individual Capacity. Each The Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Credit Party as though such the Agent were not an AgentAgent under the Credit Agreement. With respect to its the Loans made or renewed by it and with respect all obligations of the Borrowers under the Credit Documents owing to any Letter of Credit issued or participated in by it, each the Agent shall have the same rights and powers under this the Credit Agreement and the other Loan Documents as any Lender and may exercise the same as though it they were not an Agent, and the terms “"Lender” " and “Lenders” shall include each Agent in its individual capacity."
Appears in 2 contracts
Samples: Credit Agreement (Hunt Corp), Credit Agreement (Hunt Corp)
Agent in Its Individual Capacity. Each 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 Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.. 9.9
Appears in 2 contracts
Samples: And Restatement Agreement Second Amendment and Restatement Agreement (Chatham Lodging Trust), Credit Agreement (Gartner Inc)
Agent in Its Individual Capacity. Each 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 Agent were not an Agent. With respect to its Loans Advances made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 2 contracts
Samples: Credit Agreement (Sears Roebuck Acceptance Corp), Execution (Kmart Holding Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or Letter of Credit participated in in, 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 each Agent in its individual capacity.
Appears in 2 contracts
Samples: Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Dave & Buster's Entertainment, Inc.)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though such Agent were not an Agent. With respect to its Loans or Swingline Loan made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each Agent shall have the same rights and powers under this Agreement and the other applicable 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 each Agent in its individual capacity.
Appears in 2 contracts
Samples: Credit Agreement (Revlon Inc /De/), Term Credit Agreement (Revlon Inc /De/)
Agent in Its Individual Capacity. Each Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party Group Member as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 2 contracts
Samples: Intercreditor Agreement (Fender Musical Instruments Corp), Revolving Facility Credit Agreement (Fender Musical Instruments Corp)
Agent in Its Individual Capacity. Each Agent and its affiliates Affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any Loan Party Holdings and the Borrower as though such Agent were not an Agent. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in 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 each Agent in its individual capacity.
Appears in 2 contracts
Samples: Term Loan Credit Agreement, Term Loan Credit Agreement (Claires Stores Inc)
