Common use of Agent in Its Individual Capacity Clause in Contracts

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Agent were not Agent hereunder. With respect to the Advances made and all obligations of the Borrower owing to the Agent, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though they were not Agent, and the terms “Lender” and “

Appears in 8 contracts

Samples: Credit Agreement (Wisconsin Energy Corp), Credit Agreement (Wisconsin Energy Corp), Credit Agreement (Wisconsin Energy Corp)

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Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of banking or other business with the Borrower Borrowers and their Subsidiaries and affiliates as though the Agent were not Agent hereunder. With respect to the Advances Loans, if any, made and all obligations of the Borrower owing to the Agent, the by Agent in its individual capacity as a Lender, Agent in its capacity as a Lender shall have the same rights and powers under this Agreement and the other Credit Documents as any other Lender and may exercise the same as though they it were not Agent, and the terms "Lender” and “" or "Lenders" shall include Agent in its capacity as a Lender.

Appears in 7 contracts

Samples: Assignment Agreement (Lsi Logic Corp), Assignment Agreement (Lsi Logic Corp), Credit Agreement (Flextronics International LTD)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Loan Parties as though the Agent were not the Agent hereunder. With respect to the Advances Loans made or renewed by it and all obligations of the Borrower owing any Note issued to the Agentit, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though they it were not the Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 6 contracts

Samples: Credit Agreement (Cke Restaurants Inc), Credit Agreement (Cke Restaurants Inc), Credit Agreement (Cke Restaurants Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from to and generally engage in any kind of business with the Borrower Company as though the Agent were not the Agent hereunder. With respect to the Advances made and all obligations of the Borrower owing any Note issued to the Agentit, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any Lender Purchaser and may exercise the same as though they it were not the Agent, and the terms “Lender” "Purchaser" and "Purchasers" shall include the Agent in its individual capacity.

Appears in 5 contracts

Samples: Note and Warrant Purchase Agreement (Integral Vision Inc), Note and Warrant Purchase Agreement (Integral Vision Inc), Note and Warrant Purchase Agreement (Integral Vision Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any other Credit Party as though the Agent were not Agent hereunder. With respect to the Advances made and all obligations of the Borrower owing to the Agentits Loans, the Agent in its individual capacity shall have the same rights rights, obligations and powers under this Credit Agreement as any Lender and may exercise the same as though they were not Agent, and the terms “Lender” and “Lenders” shall include the Agent in its individual capacity.

Appears in 5 contracts

Samples: Credit Agreement (Journal Media Group, Inc.), Credit Agreement (Journal Communications Inc), Credit Agreement (Journal Communications Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Agent were not Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances Loans made and all obligations of the Borrower owing to the Agentby it, the Agent in its individual capacity shall have the same rights rights, powers and powers obligations under this Agreement and the other Loan Documents as any Lender and may exercise the same as though they it were not Agent, and the terms "Lender" and "Lenders" shall include Agent in its individual capacity.

Appears in 4 contracts

Samples: Master Loan and Security Agreement (American Select Portfolio Inc), Master Loan and Security Agreement (American Strategic Income Portfolio Inc), Master Loan and Security Agreement (American Strategic Income Portfolio Inc Iii)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, make investments in, hold equity interest in, accept deposits from and generally engage in any kind of business with the Borrower as though the Agent were not the Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances Loans made and all obligations of the Borrower owing to the Agentby it, the Agent in its individual capacity 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 they it were not the Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 4 contracts

Samples: Acquisition Loan Agreement (Infocrossing Inc), Term Loan Agreement (Midocean Capital Partners Lp), Term Loan Agreement (Infocrossing Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any Affiliate of Borrower as though the Agent were not Agent administrative agent hereunder. With respect to the Advances made and all obligations Ratable Share of the Borrower owing to the AgentLoan made or held by it at any time, the Agent in its individual capacity 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 they it were not the Agent, and the terms “Lender” and “Lenders” shall include Agent in its individual capacity.

Appears in 4 contracts

Samples: First Mezzanine Loan Agreement (Clipper Realty Inc.), Loan Agreement (Clipper Realty Inc.), First Mezzanine Loan Agreement (Clipper Realty Inc.)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Agent were not the Agent hereunder. With respect to the Advances Loans made and all obligations of the Borrower owing to the Agentby it, the Agent in its individual capacity 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 they it were not the Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 4 contracts

Samples: Credit Agreement (Sprint Spectrum Finance Corp), Credit Agreement (Sprint Spectrum L P), Credit Agreement (Sprint Spectrum L P)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from to and investments in and generally engage in any kind of business with the Borrower Company as though the Agent they were not the Agent hereunder. With respect to the Advances made its investments and all obligations of the Borrower owing any indebtedness issued to the Agentit, the Agent in its individual capacity shall have the same rights and powers under this Agreement and the other Transaction Documents as any Lender other Purchaser and may exercise the same to its own benefit, regardless of the impact on or to other Purchasers, as though they it were not Agent, and . The term “Purchaser” includes the terms “Lender” and “Agent in its own capacity.

Appears in 4 contracts

Samples: Secured Convertible Note Purchase Agreement (H-Cyte, Inc.), Secured Convertible Note and Warrant Purchase Agreement (FWHC Holdings, LLC), Secured Convertible Note and Warrant Purchase Agreement (H-Cyte, Inc.)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Company as though the Agent were was not the Agent hereunder. With respect to the Advances its Loans made or renewed by it and all obligations of the Borrower owing any Note issued to the Agentit, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any Lender Bank and may exercise the same as though they it were not the Agent, and the terms “Lender” "Bank" and "Banks" shall include the Agent in its individual capacity.

Appears in 4 contracts

Samples: Credit Agreement (Columbia Hca Healthcare Corp/), Agreement (Columbia Hca Healthcare Corp/), Credit Agreement (Hca Inc/Tn)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with the Borrower as though the Agent were not Agent the agent hereunder. With respect to any Note issued to the Advances made and all obligations of the Borrower owing to Lender serving as the Agent, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any a Lender and may exercise the same such rights and powers as though they it were not the Agent, and the . The terms “Lender” and “Lenders” shall include the Agent in its individual capacity.

Appears in 4 contracts

Samples: Credit Agreement (Primeenergy Corp), Credit Agreement (Gastar Exploration LTD), Credit Agreement (Lucas Energy, Inc.)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Agent were not Agent the agent hereunder. With respect to any Note issued to the Advances made and all obligations of the Borrower owing to Lender serving as the Agent, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any a Lender and may exercise the same such rights and powers as though they it were not the Agent, . The terms "Lender" and "Lenders" shall include the terms “Lender” and “Agent in its individual capacity.

Appears in 4 contracts

Samples: Security Agreement (Middle Bay Oil Co Inc), Credit Agreement (Edge Petroleum Corp), Credit Agreement (Harken Energy Corp)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any other Credit Party as though the Agent were not Agent hereunder. With respect to the Advances made its Loans and all obligations of the Borrower owing to the AgentParticipation Interests, the Agent in its individual capacity shall have the same rights rights, obligations and powers under this Credit Agreement as any Lender and may exercise the same as though they were not Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 4 contracts

Samples: Credit Agreement (C2 Inc), Credit Agreement (C2 Inc), Credit Agreement (Oshkosh Truck Corp)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though it was not the Agent were not Agent hereunder. With respect to the Advances its Loans made or renewed by it and all obligations of the Borrower owing any Note issued to the Agentit, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any Lender Bank and may exercise the same as though they it were not the Agent, and the terms “Lender” "Bank" and "Banks" shall include the Agent in its individual capacity.

Appears in 4 contracts

Samples: Credit Agreement (Philadelphia Suburban Corp), Credit Agreement (Aqua America Inc), Credit Agreement (Philadelphia Suburban Corp)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates -------------------------------- may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Holdings and its Subsidiaries as though the Agent were not the Agent hereunder. With respect to the Advances Loans made by it and all obligations of the Borrower Obligations owing to the Agentit, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any Lender Bank and may exercise the same as though they it were not Agent, the Agent and the terms “Lender” "Bank" and "Banks" shall include the Agent in its individual capacity.

Appears in 4 contracts

Samples: Credit Agreement (Dade International Inc), Credit Agreement (SMT Health Services Inc), Credit Agreement (Cambridge Industries Inc /De)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Agent were not the Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances Revolving Credit Loans made and all obligations of the Borrower owing to the Agentby it, the Agent in its individual capacity 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 they it were not the Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 3 contracts

Samples: Credit Agreement (Brown Tom Inc /De), Credit Agreement (Brown Tom Inc /De), Credit Agreement (Brown Tom Inc /De)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of banking or other business with the Borrower and its Subsidiaries and affiliates as though the Agent were not Agent hereunder. With respect to the Advances Loans, if any, made and all obligations of the Borrower owing to the Agent, the by Agent in its individual capacity as a Lender, Agent in its capacity as a Lender shall have the same rights and powers under this Agreement and the other Credit Documents as any other Lender and may exercise the same as though they it were not Agent, and the terms "Lender” and “" or "Lenders" shall include Agent in its capacity as a Lender.

Appears in 3 contracts

Samples: Credit Agreement (Novellus Systems Inc), Credit Agreement (Silicon Valley Group Inc), Credit Agreement (Flextronics International LTD)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Company and its Subsidiaries as though the Agent were not the Agent hereunder. With respect to the Advances Loans made by it and all obligations of the Borrower Obligations owing to the Agentit, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though they it were not Agent, the Agent and the terms "Lender" and "

Appears in 3 contracts

Samples: Credit Agreement (T Sf Communications Corp), Senior Credit Agreement (Young America Holdings Inc), Subordinated Credit Agreement (Capstone Pharmacy Services Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Company as though the Agent were not the Agent hereunder. With respect to the Advances its Loans made and all obligations of the Borrower owing to the Agentor renewed by it, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though they it were not the Agent, and the terms “Lender” and “Lenders” shall include the Agent in its individual capacity.

Appears in 3 contracts

Samples: Loan Agreement (Capmark Finance Inc.), Bridge Loan Agreement (Capmark Financial Group Inc.), Credit Agreement (Residential Capital, LLC)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though it was not the Agent were not Agent hereunder. With respect to the Advances its Loans made or renewed by it and all obligations any Note issued to it and with respect to any Letter of the Borrower owing to the AgentCredit issued or participated in it by it, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any Lender Bank and may exercise the same as though they it were not the Agent, and the terms “Lender” "Bank" and "Banks" shall include the Agent in its individual capacity.

Appears in 3 contracts

Samples: Credit Agreement (Dover Downs Entertainment Inc), Credit Agreement (Dover Downs Entertainment Inc), Credit Agreement (Dover Downs Entertainment Inc)

Agent in Its Individual Capacity. The entity which is an Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the entity which is such Agent were not such Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances Loans made and all obligations of the Borrower owing to the Agentby it, the Agent in its individual capacity such entity 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 they it were not an Agent, and the terms “Lender” and “Lenders” shall include the entity which is such Agent in its individual capacity.

Appears in 3 contracts

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

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Subsidiaries as though the Agent were not Agent hereunder. With respect to the Advances Loans made and all obligations of the Borrower Obligations owing to the Agentit, the Agent in its individual capacity shall have the same rights and powers under this Credit Agreement as any Lender and may exercise the same as though they were not Agent, and the terms "Lender" and "

Appears in 3 contracts

Samples: Credit Agreement (WPS Resources Corp), Credit Agreement (Wisconsin Public Service Corp), Credit Agreement (Wisconsin Public Service Corp)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Company and its Subsidiaries as though the Agent were not the Agent hereunder. With respect to the Advances Loans made by it and all obligations of the Borrower Obligations owing to the Agentit, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though they it were not Agent, the Agent and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 3 contracts

Samples: Credit Agreement (Bio Rad Laboratories Inc), Loan Agreement (Formus Communications Inc), Subordinated Credit Agreement (Bio Rad Laboratories Inc)

Agent in Its Individual Capacity. The Each Agent in its individual capacity and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from and generally engage in any kind of business with the Borrower as though the such Agent were not an Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances Loans made and all obligations by it or any Letter of the Borrower owing to the AgentCredit issued or participated in by it, the each Agent in its individual capacity 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 they it were not Agentan Agent hereunder, and the terms "Lender" and "Lenders" shall include such Agent in its individual capacity.

Appears in 3 contracts

Samples: Credit Agreement (Service Merchandise Co Inc), Credit Agreement (Service Merchandise Co Inc), Credit Agreement (Service Merchandise Co Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrowers as though the Agent were not the Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances Loans made and all obligations of the Borrower owing to the Agentby it, the Agent in its individual capacity shall have the same rights rights, powers and powers obligations under this Loan Agreement and the other Loan Documents as any Lender and may exercise the same as though they it were not the Agent, and the terms “Lender” and “Lenders” shall include the Agent in its individual capacity.

Appears in 3 contracts

Samples: Master Loan and Security Agreement (New Century Financial Corp), Master Loan and Security Agreement (New Century Financial Corp), Master Loan and Security Agreement (New Century Financial Corp)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Agent were not Agent the agent hereunder. With respect to any Note issued to the Advances made and all obligations of the Borrower owing to Lender serving as the Agent, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any a Lender and may exercise the same such rights and powers as though they it were not the Agent, and the . The terms “Lender” and “Lenders” shall include the Agent in its individual capacity.

Appears in 3 contracts

Samples: Credit Agreement (Primeenergy Corp), Credit Agreement (Primeenergy Corp), Credit Agreement (Primeenergy Corp)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from to and investments in and generally engage in any kind of business with the Borrower Company as though the Agent they were not the Agent hereunder. With respect to the Advances made its investments and all obligations of the Borrower owing any indebtedness issued to the Agentit, the Agent in its individual capacity shall have the same rights and powers under this Agreement and the other Transaction Documents as any Lender other Standby Purchaser and may exercise the same to its own benefit, regardless of the impact on or to other Standby Purchasers, as though they it were not Agent, and . The term “Standby Purchaser” includes the terms “Lender” and “Agent in its own capacity.

Appears in 3 contracts

Samples: Standby Purchase Agreement (H-Cyte, Inc.), Standby Purchase Agreement (FWHC Holdings, LLC), Standby Purchase Agreement (H-Cyte, Inc.)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrowers (or any of them) as though the Agent were not the Agent hereunder. With respect to the Advances its Loans made or renewed by it and all obligations any Note issued to it and with respect to any Letter of the Borrower owing to the AgentCredit issued or participated in by it, the Agent in its individual capacity 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 they it were not the Agent, and the terms “Lender” "Bank" and "Banks" shall include the Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Tasty Baking Co), Credit Agreement (West Pharmaceutical Services Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any other Credit Party as though the Agent were not Agent hereunder. With respect to the Advances made and all obligations of the Borrower owing to the Agentits Loans, the Agent in its individual capacity shall have the same rights rights, obligations and powers under this Credit Agreement as any Lender and may exercise the same as though they were not Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Journal Communications Inc), Credit Agreement (Journal Communications Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Company as though the Agent were not the Agent hereunder. With respect to the Advances such loans made and all obligations of the Borrower owing to the Agentor renewed by them, the Agent in its individual capacity shall have the same rights and powers under this Agreement the Loan Documents as any Lender and may exercise the same as though they it were not the Agent, and the terms “Lender” and “Lenders” shall include the Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Agent were not Agent hereunder. With respect to the Advances Loans made and all obligations of the Borrower Obligations owing to the Agentit, the Agent in its individual capacity shall have the same rights and powers under this Credit Agreement as any Lender and may exercise the same as though they were not Agent, and the terms “Lender” and “

Appears in 2 contracts

Samples: Credit Agreement (Wisconsin Energy Corp), Three Year Credit Agreement (Wisconsin Energy Corp)

Agent in Its Individual Capacity. The Each Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its affiliates as though the such Agent were not Agent hereunderan Agent. With respect to the Advances its Loans made and all obligations of the Borrower owing to the Agentor renewed by it, the each Agent in its individual capacity 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 they 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 (Comcast Corp), Bridge Loan Agreement (General Electric Co)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Subsidiaries as though the Agent were not Agent hereunder. With respect to the Advances Loans made and all obligations of the Borrower Obligations owing to the Agentit, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though they were not Agent, and the terms “Lender” and “

Appears in 2 contracts

Samples: Five Year Credit Agreement (Integrys Energy Group, Inc.), Five Year Credit Agreement (Integrys Energy Group, Inc.)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and the other Loan Parties as though the Agent were not the Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances Agent, the Loans made and all obligations of the Borrower owing to by the Agent, the Letters of Credit participated in by the Agent in its individual capacity and the Notes issued to the Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and the Agent may exercise the same as though they it were not Agent, the Agent and the terms “Lender” and “Lenders” shall include the Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Physicians Formula Holdings, Inc.), Credit Agreement (Physicians Formula Holdings, Inc.)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any Affiliate of the Borrower as though the Agent were not the Agent hereunder. With respect to the Advances made and all obligations making of the Borrower owing Loans pursuant to the Agentthis Agreement, the Agent in its individual capacity shall have the same rights and powers under the Liquidity Agreement and this Agreement in its individual capacity as any Lender and may exercise the same as though they it were not the Agent, and the terms “Liquidity Bank,” “Lender,” “Liquidity Banks” and “Lenders” shall include the Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit and Security Agreement (Zep Inc.), Credit and Security Agreement (Acuity Brands Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Holdings and its Subsidiaries as though the Agent were not the Agent hereunder. With respect to the Advances Loans made by it and all obligations of the Borrower Obligations owing to the Agentit, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any Lender Bank and may exercise the same as though they it were not Agent, the Agent and the terms “Lender” "Bank" and "Banks" shall include the Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Waters Corp /De/), Credit Agreement (Pine Holdings Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and their Affiliates as though the Agent were not Agent hereunderan agent under this Agreement and under the other Loan Documents. With respect to the Advances its Loans made and all obligations of the Borrower owing to the Agentor renewed by it, the Agent in its individual capacity shall will have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though they it were not Agent, and the terms “Lender” and “Lenders” will include Agent in its individual capacity.

Appears in 2 contracts

Samples: Financing Agreement (CitiSteel PA, Inc.), Financing Agreement (CitiSteel PA, Inc.)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Subsidiaries as though the Agent were not Agent hereunder. With respect to the Advances Loans made and all obligations of the Borrower Obligations owing to the Agentit, the Agent in its individual capacity shall have the same rights and powers under this Credit Agreement as any Lender and may exercise the same as though they were not Agent, and the terms “Lender” and “

Appears in 2 contracts

Samples: Five Year Credit Agreement (Integrys Energy Group, Inc.), Credit Agreement (Integrys Energy Group, Inc.)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any other Credit Party as though the Agent were not Agent hereunder. With respect to the Advances made its Loans and all obligations of the Borrower owing to the AgentParticipation Interests, the Agent in its individual capacity shall have the same rights and powers under this Credit Agreement as any Lender and may exercise the same as though they were not Agent, and the terms "Lender" and "

Appears in 2 contracts

Samples: Credit Agreement (Cort Business Services Corp), Credit Agreement (Manitowoc Co Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may -------------------------------- make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though it was not the Agent were not Agent hereunder. With respect to Loans made or renewed by the Advances made Agent and all obligations of the Borrower owing any Note issued to the Agent, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though they it were not the Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Creditrust Corp), Credit Agreement (Creditrust Corp)

Agent in Its Individual Capacity. The Each Agent in its individual capacity and its Affiliates respective subsidiaries and affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Agent it were not an Agent hereunder. With respect to the Advances any Loans made or renewed by it and all obligations of the Borrower owing any Note issued to the Agentit, the each Agent in its individual capacity 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 they it were not an Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Insignia Financial Group Inc /De/), Credit Agreement (Insignia Esg Holdings Inc)

Agent in Its Individual Capacity. The entity which is an Agent in its individual capacity and its Affiliates may make loans extensions of credit to, accept deposits from and generally engage in any kind of business with the Borrower as though the entity which is such Agent were not such Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances Loans made and all obligations of the Borrower owing to the Agentby it, the Agent in its individual capacity such entity 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 they it were not an Agent, and the terms “Lender” and “Lenders” shall include the entity which is such Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Cpi Aerostructures Inc), Credit Agreement (Cpi Aerostructures Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Subsidiaries as though the Agent were not Agent hereunder. With respect to the Advances Loans made and all obligations of the Borrower Obligations owing to the Agentit, the Agent in its individual capacity shall have the same rights and powers under this Credit Agreement as any Lender and may exercise the same as though they were not Agent, and the terms “Lender” and “as

Appears in 2 contracts

Samples: Credit Agreement (Integrys Energy Group, Inc.), Credit Agreement (WPS Resources Corp)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Agent were not the Agent hereunder. With respect to the Advances its Loans made and all obligations of the Borrower owing to the Agentor renewed by it, the Agent in its individual capacity 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 they it were not Agentthe Agent hereunder, and the terms “Lender” and “

Appears in 2 contracts

Samples: Abl Credit Agreement (Mallinckrodt PLC), Abl Credit Agreement (Mallinckrodt PLC)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and their Affiliates as though the Agent it were not the Agent hereunder. With respect to the Advances made and all obligations of the Borrower owing its Loans, if any, pursuant to the Agentthis Agreement, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though they it were not an Agent, and the terms “Lender” and “Lenders” shall include the Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit and Security Agreement (Packaging Corp of America), Credit and Security Agreement (Packaging Corp of America)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Agent were not Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances its Loans made or renewed by it and all obligations of the Borrower owing any Note issued to the Agentit, the Agent in its individual capacity 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 they it were not Agent, and the terms "Lender" and "Lenders" shall include Agent in its individual capacity.

Appears in 2 contracts

Samples: Construction Loan Agreement (Taubman Centers Inc), Construction Loan Agreement (Taubman Realty Group LTD Partnership)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or Guarantor as though the Agent were not Agent hereunder. With respect to the Advances made and all obligations of the Borrower owing to the Agentor renewed by it, the Agent in its individual capacity 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 they it were not Agent, and the terms "Lender" and "Lenders" shall include Agent in its individual capacity.

Appears in 2 contracts

Samples: Warehousing Credit Agreement (PLM International Inc), Warehousing Credit Agreement (American Finance Group Inc /De/)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Agent were not the Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances its Loans made or renewed by it and all obligations of the Borrower owing any Note issued to the Agentit, the Agent in its individual capacity 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 they it were not the Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Berg Electronics Corp /De/), Credit Agreement (Aftermarket Technology Corp)

Agent in Its Individual Capacity. The Each entity which is an Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the entity which is such Agent were not such Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances Loans made and all obligations of the Borrower owing to the Agentby it, the Agent in its individual capacity such entity 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 they it were not an Agent, and the terms “Lender” and “Lenders” shall include the entity which is such Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Napco Security Technologies, Inc), Credit Agreement (Napco Security Technologies, Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Agent were not the Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances its Loans made and all obligations of the Borrower owing to the Agentor renewed by it, the Agent in its individual capacity 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 they it were not the Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 2 contracts

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

Agent in Its Individual Capacity. The To the extent not otherwise prohibited by the terms hereof (including Section 14), the Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Company and its Subsidiaries as though the Agent were not the Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances Loans made by it, and all obligations with respect to any Letter of the Borrower owing to the AgentCredit issued or participated in by it, the Agent in its individual capacity 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 they it were not the Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit and Guarantee Agreement (Remington Products Co LLC), Credit and Guarantee Agreement (Remington Products Co LLC)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Company as though the Agent were not the Agent hereunder. With respect to the Advances made and all obligations of the Borrower owing to the AgentSenior Notes purchased by it, the Agent in its individual capacity shall have the same rights and powers under this Agreement, the Purchase Agreement and the Other Agreements as any Lender Holder and may exercise the same as though they it were not the Agent, and the terms “Lender” "Holder" and "Holders" shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Security Agreement (Cardiac Science Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Agent were not the Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances Loans made and all obligations of the Borrower owing to the Agentby it, the Agent in its individual capacity 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 they it were not the Agent, and the terms “Lender” and “Lenders” shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Electronic Cigarettes International Group, Ltd.)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates -------------------------------- may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Subsidiaries as though the Agent were not the Agent hereunder. With respect to the Advances Loans made by it and all obligations of the Borrower Obligations owing to the Agentit, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any Lender Bank and may exercise the same as though they it were not Agent, the Agent and the terms “Lender” "Bank" and "Banks" shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Alliance Imaging of Michigan Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrowers as though the Agent were not Agent hereunderthe agent under this Agreement and under the other Loan Documents. With respect to the Advances its Loans made or renewed by it and all obligations with respect to any Letter of the Borrower owing to the AgentCredit issued or participated in by it, the Agent in its individual capacity shall will have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though they it were not Agent, and the terms "Lender" and "Lenders" will include Agent in its individual capacity.

Appears in 1 contract

Samples: Financing Agreement (Sabreliner Corp)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Subsidiaries as though the Agent were not the Agent hereunder. With respect to the Advances Bridge Loan made by it and all obligations of the Borrower Obligations owing to the Agentit, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though they it were not Agent, the Agent and the terms "Lender" and "

Appears in 1 contract

Samples: Credit Agreement (BGF Industries Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Agent were not the Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances its Loans made or renewed by it and all obligations any Note issued to it and with respect to any Letter of the Borrower owing to the AgentCredit issued or participated in by it, the Agent in its individual capacity 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 they it were not the Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Securities Purchase Agreement (RBX Corp)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Agent were was not the Agent hereunderhereunder and under the other Credit Documents. With respect to the Advances Loans made and all obligations of the Borrower owing to the Agentby it, the Agent in its individual capacity shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though they it were not an Agent, and the terms "Lender" and "

Appears in 1 contract

Samples: Bridge Loan Agreement (Rockwood Holdings, Inc.)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates -------------------------------- may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Agent were not the Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances Loans made or renewed by it and all obligations of the Borrower owing any Note issued to the Agentit, the Agent in its individual capacity 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 they it were not the Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (College Television Network Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the a Borrower or any other Credit Party as though the such Agent were not the Agent hereunder. With respect to the Advances Loans made and Letters of Credit issued and all obligations of the Borrower owing to the Agentit, the Agent in its individual capacity shall have the same rights and powers under this Credit Agreement as any Lender and may exercise the same as though they were not the Agent, and the terms "Lender" and "

Appears in 1 contract

Samples: Security Agreement (Packaging Dynamics Corp)

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Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any Affiliate of Borrower as though the Agent were not the Agent hereunder. With respect to the Advances made and all obligations making of the Borrower owing Loans pursuant to the Agentthis Agreement, the Agent in its individual capacity shall have the same rights and powers under the Liquidity Agreement and this Agreement in its individual capacity as any Lender and may exercise the same as though they it were not the Agent, and the terms "Liquidity Bank," "Lender," "Liquidity Banks" and "Lenders" shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Credit and Security Agreement (National Service Industries Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with the Borrower as though the Agent were not the Agent hereunder. With respect to the Advances any Loan made or renewed by it, and all obligations of the Borrower owing any Note issued to the Agentit, the Agent in its individual capacity shall have the same duties, rights and powers under this Agreement the Financing Documents as any Lender and may exercise the same as though they it were not Agent, the Agent and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Financing and Security Agreement (Fti Consulting Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Company as though the Agent were not the Agent hereunder. With respect to the Advances Bridge Loan made by it as a Lender and all obligations of the Borrower Obligations owing to the Agentit as a Lender, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any Lender the other Lenders and may exercise the same as though they it were not Agent, the Agent and the terms "Lender" and "

Appears in 1 contract

Samples: Senior Credit Agreement (Chancellor Radio Broadcasting Co)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and the other Loan Parties as though the Agent were not the Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances Loans made by it and all obligations with respect to any Letter of the Borrower owing to the AgentCredit issued or participated in by it, the Agent in its individual capacity 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 they it were not the Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Diversified Food Group Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Agent were not Agent hereunder. With respect to the Advances made and all obligations of the Borrower owing to the Agentor renewed by it, the Agent in its individual capacity 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 they it were not Agent, and the terms "Lender" and "Lenders" shall include Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (PLM Equipment Growth Fund Vi)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates Agent-Related Persons may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Agent and its Agent-Related Persons were not an Agent hereunderhereunder and under the Note. With respect to the Advances made or renewed by the Agent and all obligations of the Borrower owing Note issued to the Agent, the Agent in its individual capacity shall have the same rights and powers under this Agreement and the Note as any the Lender and may exercise the same as though they it were not Agent, an Agent and the terms “term "Lender” and “" shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Nuveen Senior Income Fund)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with the Borrower and the Guarantors as though the Agent were not Agent the agent hereunder. With respect to any Note issued to the Advances made and all obligations of the Borrower owing to Lender serving as the Agent, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any a Lender and may exercise the same such rights and powers as though they it were not the Agent, . The terms "Lender" and "Lenders" shall include the terms “Lender” and “Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (High Plains Gas, Inc.)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any Affiliate of Borrower as though the Agent were not Agent administrative agent hereunder. With respect to the Advances made and all obligations Ratable Share of the Borrower owing to the AgentLoan made or held by it at any time, the Agent in its individual capacity 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 they it were not the Agent, and the terms “Lender” and “Lenders” shall include Agent in its individual capacity. 134

Appears in 1 contract

Samples: Loan Agreement (Clipper Realty Inc.)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of banking or other business with the Borrower as though the Agent were not Agent hereunder. With respect to the Advances made and all obligations of the Borrower owing to the Agent, the Agent in its individual capacity as a Lender shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender other Lender, and may exercise the same as though they it were not Agent, and the terms "Lender” and “" or "Lenders" shall include Agent in its capacity as a Lender.

Appears in 1 contract

Samples: Revolving Credit Agreement (Advanced Marketing Services Inc)

Agent in Its Individual Capacity. The Each Agent in its individual capacity and its Affiliates may make loans and other extensions of credit to, accept deposits from and generally engage in any kind of business with the Borrower Borrowers and the other Loan Parties as though the such Agent were not an Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances Loans and other Extensions of Credit made and all obligations of the Borrower owing to the Agentby it, the each Agent in its individual capacity 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 they it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Buckeye Partners L P)

Agent in Its Individual Capacity. The Agent in its individual capacity and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Agent were not an Agent hereunder. With respect to the Advances any Loans made or renewed by it and all obligations of the Borrower owing any Note issued to the Agentit, the Agent in its individual capacity 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 they it were not an Agent, and the terms "Lender" and "Lenders" shall include Agent in its individual capacity.

Appears in 1 contract

Samples: Loan Agreement (Medcath Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from from, and generally engage in any kind of business with any of the Borrower and the Guarantors as though the Agent were not Agent the agent hereunder. With respect to any Note issued to the Advances made and all obligations of the Borrower owing to Lender serving as the Agent, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any a Lender and may exercise the same such rights and powers as though they it were not the Agent, and the . The terms “Lender” and “Lenders” shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Contango Oil & Gas Co)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Agent were was not Agent hereunderacting in such capacity hereunder and under the other Loan Documents. With respect to the Advances Loans made or renewed by it and all obligations of the Borrower owing Note issued to the Agentit, the Agent in its individual capacity shall have the same rights and powers under this Loan Agreement and the other Loan Documents as any Lender and may exercise the same as though they it were not the Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Loan and Security Agreement (Alliance Laundry Corp)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Agent were not the Agent hereunder. With respect to the Advances Loans made and all obligations of the Borrower owing to the Agentor continued by it, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though they it were not the Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: General Motors Corp

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrowers or any other Credit Party as though the Agent were not the Agent hereunder. With respect to the Advances Revolving Loans made and Letters of Credit issued and all obligations of the Borrower owing to the Agentit, the Agent in its individual capacity shall have the same rights and powers under this Credit Agreement as any Lender and may exercise the same as though they it were not the Agent, and the terms "Lender" and "

Appears in 1 contract

Samples: Credit Agreement (Deltic Timber Corp)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates ----------------------------------- affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or Guarantor as though the Agent were not the Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances Loan made and all obligations of the Borrower owing to the Agentby it, the Agent in its individual capacity 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 they it were not the Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Demand Loan Agreement (Safety Kleen Corp/)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Loan Parties and their Affiliates as though the Agent it were not the Agent hereunder. With respect to the Advances made and all obligations of the Borrower owing its Loans, if any, pursuant to the Agentthis Agreement, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though they it were not an Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Credit and Security Agreement (Precision Castparts Corp)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Agent were not Agent hereunder. With respect to the Advances made its Loans and all obligations of the Borrower owing to the AgentParticipation Interests, the Agent in its individual capacity shall have the same rights rights, obligations and powers under this Credit Agreement as any Lender and may exercise the same as though they it were not Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Lacrosse Footwear Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or the Pledgor as though the Agent were not Agent hereunder. With respect to the Advances made and all obligations of the Borrower owing to the AgentLoans made, the Agent in its individual capacity shall have the same rights and powers under this Loan Agreement as any Lender and may exercise the same as though they it were not Agent, and the terms "Lender" and "

Appears in 1 contract

Samples: Loan Agreement (Itc Deltacom Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and the Guarantors as though the Agent were not Agent hereunder. With respect to the Advances made its Loans and all obligations of the Borrower owing to the AgentParticipation Interests, the Agent in its individual capacity shall have the same rights rights, obligations and powers under this Credit Agreement and the other Credit Documents as any Lender and may exercise the same as though they were it was not Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Agreement (Midwest Express Holdings Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or the Guarantor as though the Agent were not the Agent hereunderhereunder and under the other Operative Agreements. With respect to the Advances Loans made and all obligations of the Borrower owing to the Agentby it, the Agent in its individual capacity shall have the same rights and powers under this Agreement and the other Operative Agreements as any Lender and may exercise the same as though they it were not the Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Kindercare Learning Centers Inc /De)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates -------------------------------- may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and the other Loan Parties as though the Agent were not the Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances Loans made and all obligations of the Borrower owing to the Agentby it, the Agent in its individual capacity 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 they it were not the Agent, and the terms "Lender" and "Lenders" shall ------ ------- include the Agent in its individual capacity.

Appears in 1 contract

Samples: Agreement (Healthcor Holdings Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Company as though the Agent were not the Agent hereunder. With respect to the Advances such loans made and all obligations of the Borrower owing to the Agentor renewed by them, the Agent in its individual capacity shall have the same rights and powers under this Agreement the Loan Documents as any Lender and may exercise the same as though they it were not the Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Fidelity National Financial Inc /De/)

Agent in Its Individual Capacity. The Each Agent in its individual capacity and its Affiliates may make loans and other extensions of credit to, accept deposits from and generally engage in any kind of business with the Borrower and the other Loan Parties as though the such Agent were not an Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances Loans and other Extensions of Credit made and all obligations of the Borrower owing to the Agentby it, the if any, each Agent in its individual capacity 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 they it were not an Agent, and the terms "Lender" and "Lenders" shall include each Agent in its individual capacity.

Appears in 1 contract

Samples: Uncommitted Credit Agreement (Aegean Marine Petroleum Network Inc.)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrowers as though the Agent were not the Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances made and all obligations of the Borrower owing to the Agentby it, the Agent in its individual capacity shall have the same rights and powers under this Loan Agreement and the other Loan Documents as any Lender and may exercise the same as though they it were not the Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Master Loan and Security Agreement (American Home Mortgage Investment Corp)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrowers as though the Agent were not the Agent hereunder. With respect to the Advances Loans made and all obligations of the Borrower owing to the Agentor renewed by it, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though they it were not the Agent, and the terms “Lender” and “Lenders” shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Capmark Finance Inc.)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates -------------------------------- affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Company as though the Agent were not the Agent hereunder. With respect to the Advances such loans made or renewed by them and all obligations of the Borrower owing any Note issued to the Agentthem, the Agent in its individual capacity shall have the same rights and powers under this Agreement the Loan Documents as any Lender and may exercise the same as though they it were not the Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Franchise Mortgage Acceptance Co)

Agent in Its Individual Capacity. The Each Agent in its individual capacity and its Affiliates -------------------------------- may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the such Agent were not an Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances Credit Extensions made or renewed by it and all obligations of the Borrower owing any Note issued to the Agentit, the each Agent in its individual capacity 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 they it were not an Agent, and the terms "Lender" and "Lenders" shall include each Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Four Media Co)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any Guarantor as though the Agent were not the Agent hereunderhereunder and under the other Operative Agreements. With respect to the Advances Loans made and all obligations of the Borrower owing to the Agentby it, the Agent in its individual capacity shall have the same rights and powers under this Agreement and the other Operative Agreements as any Lender and may exercise the same as though they it were not the Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Safeskin Corp)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates -------------------------------- may make loans to, accept deposits from and generally engage in any kind of business with the Borrower with, any Loan Party as though the Agent were not the Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances its Loans and other Extensions of Credit made or renewed by it and all obligations of the Borrower owing to the Agentany Note held by it, the Agent in its individual capacity shall have the same rights and powers under this Agreement and under the other Loan Documents as any Lender and may exercise the same as though they it were not the Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Pameco Corp)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Agent were not the Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances its Loans made or renewed by it and all obligations any Note issued to it and with respect to any Letter of the Borrower owing to the AgentCredit issued or participated in by it, the Agent in its individual capacity 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 they it were not the Agent, and the terms ``Lender'' and ``Lenders'' shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Security Agreement (Smith Corona Corp)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and any Subsidiary as though the Agent were not an Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances Loans made or renewed by it and all obligations of the Borrower owing any Note issued to the Agentit, the Agent in its individual capacity 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 they it were not the Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Advanced Communications Group Inc/De/)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrower, its Subsidiaries or their respective Affiliates as though the Agent were not the Agent hereunder. With respect to the Advances Loans made by and all obligations of the Borrower owing to hereunder and under the Agentother Credit Documents, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any Lender Bank and may exercise the same as though they it were not the Agent, and the terms “Lender” "Bank" and "

Appears in 1 contract

Samples: Credit Agreement (Watson Wyatt & Co)

Agent in Its Individual Capacity. The Each Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrower, any Subsidiary and any Excluded Subsidiary as though the such Agent were not an Agent hereunderhereunder and under the other Loan Documents. With respect to the Advances Loans made or renewed by it and all obligations of the Borrower owing any Note issued to the Agentit, the each Agent in its individual capacity 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 they it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity,

Appears in 1 contract

Samples: Credit Agreement (Northwestern Corp)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates may -------------------------------- make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrower, its Subsidiaries or their respective Affiliates as though the Agent were not the Agent hereunder. With respect to the Advances Loans made by and all obligations of the Borrower owing to hereunder and under the Agentother Credit Documents, the Agent in its individual capacity shall have the same rights and powers under this Credit Agreement as any Lender and may exercise the same as though they it were not the Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Dyson Kissner Moran Corp)

Agent in Its Individual Capacity. The Administrative Agent, Collateral Agent in its individual capacity and its Affiliates their affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the such Agent were not an Agent hereunder. With respect to the Advances its Loans made and all obligations of the Borrower owing to the Agentor renewed by it, the each Agent in its individual capacity 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 they it were not Agentan Agent hereunder, and the terms “Lender” and “

Appears in 1 contract

Samples: Abl Credit Agreement (Turning Point Brands, Inc.)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates -------------------------------- may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Agent were not Agent the agent hereunder. With respect to any Note issued to the Advances made and all obligations of the Borrower owing to Lender serving as the Agent, the Agent in its individual capacity shall have the same rights and powers under this Agreement as any a Lender and may exercise the same such rights and powers as though they it were not the Agent, . The terms "Lender" and "Lenders" shall include the terms “Lender” and “Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Sheridan Energy Inc)

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Company or its Affiliates as though the Agent were not an Agent hereunder. With respect to the Advances such Loans made or renewed by it and all obligations of the Borrower owing any Note issued to the Agentit hereunder, the Agent in its individual capacity shall have the same rights and powers under this Agreement the Credit Documents as any Lender hereunder and may exercise the same as though they it were not the Agent, and the terms "Lender" and "Lenders" shall include the Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Allied Capital Lending Corp)

Agent in Its Individual Capacity. The Each Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the such Agent were not an Agent hereunder. With respect to the Advances its Loans made or renewed by it and all obligations of the Borrower owing any Note issued to the Agentit, the each Agent in its individual capacity shall have the same rights and powers under this Credit Agreement as any Lender and may exercise the same as though they it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Hewitt Associates Inc)

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