Common use of Administrative Agent in Its Individual Capacity Clause in Contracts

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though the Administrative Agent were not the Administrative Agent hereunder.

Appears in 4 contracts

Samples: Credit Agreement (Bungeltd), Credit Agreement (Bunge LTD), Credit Agreement (Bungeltd)

Administrative Agent in Its Individual Capacity. The Administrative 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 the Administrative Agent were not the Administrative Agent. With respect to its Term Loans made or renewed by it, the Administrative Agent hereundershall have the same rights and powers under the applicable Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 3 contracts

Samples: Credit Agreement (Apparel Holding Corp.), Credit Agreement (Yankee Holding Corp.), Credit Agreement (Vince Holding Corp.)

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Administrative Agent in Its Individual Capacity. The Administrative 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, the Company and any Loan Party of its other Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder.

Appears in 3 contracts

Samples: Credit Agreement (Gibraltar Steel Corp), Credit Agreement (Gibraltar Steel Corp), Credit Agreement (Gibraltar Steel Corp)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, issue or participate in Letters of Credit for the account of, accept deposits from and generally engage in any kind of business with any Loan Party a Borrower as though the Administrative Agent were not Administrative Agent hereunder. With respect to the Loans made by it, the Administrative Agent hereunder.shall have the same rights and powers under this Credit Agreement as any Lender and may exercise the same as though they were not Administrative Agent, and the terms "Lender" and "

Appears in 3 contracts

Samples: Credit Agreement (Consolidated Natural Gas Co/Va), Credit Agreement (Virginia Electric & Power Co), Credit Agreement (Dominion Resources Inc /Va/)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Borrower as though the Administrative Agent were not the Administrative Agent hereunder.the

Appears in 3 contracts

Samples: Credit Agreement (Boston Scientific Corp), Credit Agreement (Boston Scientific Corp), Credit Agreement (Bei Medical Systems Co Inc /De/)

Administrative Agent in Its Individual Capacity. The Administrative 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 the Administrative Agent were not the Administrative 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, Administrative Agent hereunder.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 Administrative Agent, and the terms “Lender” and “

Appears in 2 contracts

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

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Credit Parties as though the Administrative Agent were not Administrative Agent hereunder. With respect to the Loans made by it, the Administrative Agent hereundershall have the same rights and powers under this Credit Agreement as any Lender and may exercise the same as though they were not Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Term Loan Agreement, Term Loan Agreement (Dominion Midstream Partners, LP)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates affiliates may participate in the Loan and make loans to, accept deposits from and generally engage in any kind of business with any Loan Party Borrower as though it was not an Administrative Agent, hereunder and under the Administrative Agent were not the Administrative Agent hereunderother Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Ultimate Electronics Inc), Credit Agreement (Ultimate Electronics Inc)

Administrative Agent in Its Individual Capacity. The Administrative 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 the Administrative Agent were not the 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, Administrative Agent hereundershall have the same rights and powers under the 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 Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Standard Pacific Corp /De/), Credit Agreement (CalAtlantic Group, Inc.)

Administrative Agent in Its Individual Capacity. The Administrative 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 the Administrative Agent was not the Administrative Agent. With respect to its Loans made or renewed by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent hereunderin its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Recoton Corp), Credit Agreement (Dii Group Inc)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, issue or participate in Letters of Credit for the account of, accept deposits from and generally engage in any kind of business with any Loan Party a Borrower as though the Administrative Agent were not Administrative Agent hereunder. With respect to the Loans made by it, the Administrative Agent hereunder.shall have the same rights and powers under this Credit Agreement as any Lender and

Appears in 2 contracts

Samples: Credit Agreement (Virginia Electric & Power Co), Credit Agreement (Dominion Resources Inc /Va/)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though the Administrative Agent were not the Administrative Agent hereunder.with

Appears in 2 contracts

Samples: Credit Agreement (Franklin BSP Realty Trust, Inc.), Credit Agreement (Technical Olympic Usa Inc)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates affiliates may make loans to, accept Drafts, accept deposits from and generally engage in any kind of business with any the Borrower and/or the other Loan Party Parties as though the Administrative Agent were was not the Administrative Agent hereunder.hereunder and under the other Loan Documents. With respect to the Loans made or renewed by the Administrative Agent, any Acceptances created by the Administrative Agent, and any Revolving Credit Note

Appears in 2 contracts

Samples: Revolving Credit Agreement (Case Credit Corp), Revolving Credit Agreement (Case Corp)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and any Loan Party Guarantor as though the Administrative Agent were not the Administrative Agent hereunder.hereunder and under the other Credit Documents. With respect to the Loans made by it, the Administrative Agent shall have the same rights and powers under this Agreement and

Appears in 2 contracts

Samples: Credit Agreement (Kindercare Learning Centers Inc /De), Credit Agreement (KCLC Acquisition Corp)

Administrative Agent in Its Individual Capacity. The Administrative 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 the Administrative Agent were not the Administrative Agent hereunder.. With respect to its Loans made or renewed by it, the Administrative Agent 45 41

Appears in 1 contract

Samples: Delphi Automotive Systems Corp

Administrative Agent in Its Individual Capacity. The Administrative Agent in its individual capacity and its Affiliates the affiliates thereof may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party Seller Parties and their Affiliates as though the Administrative Agent were not the Administrative Agent hereunder.. With respect to its Receivable Interests, if any, the Administrative Agent shall have the same

Appears in 1 contract

Samples: Receivables Purchase Agreement (Kapstone Paper & Packaging Corp)

Administrative Agent in Its Individual Capacity. The Administrative 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, its Subsidiaries or its Affiliates as though the Administrative Agent were not the Administrative Agent hereunder.. With respect to the Loans and all other obligations of the Borrower hereunder and under the other Credit Documents, the Administrative Agent shall have the same rights and powers

Appears in 1 contract

Samples: Railworks Corp

Administrative Agent in Its Individual Capacity. The Administrative Agent in its individual capacity, and its Affiliates Affiliates, may make loans and other financial accommodations to, accept deposits from and generally engage in any kind of business with the Borrower or any Loan Party as though of the Administrative Agent were not the Administrative Agent hereunder.Guarantors and their respective

Appears in 1 contract

Samples: Credit Agreement (Nn Inc)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though the Administrative Agent were not the Administrative Agent hereunder.any

Appears in 1 contract

Samples: Credit Agreement (El Paso Energy Partners Lp)

Administrative Agent in Its Individual Capacity. The Administrative 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 the Administrative Agent was not the Administrative 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, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent hereunder.Agent, and the terms "Lender" and "

Appears in 1 contract

Samples: Credit Agreement (Salton Inc)

Administrative Agent in Its Individual Capacity. The Administrative 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 the such Administrative Agent were not the Administrative Agent an 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, the

Appears in 1 contract

Samples: M/I Homes, Inc.

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates affiliates may make loans to, accept deposits from from, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with any Loan Party as though the such Administrative Agent were not the Administrative Agent hereunder.an agent hereunder and without any duty to account therefor

Appears in 1 contract

Samples: Credit Agreement (Meritage Homes CORP)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any Loan Party Affiliate thereof as though the Administrative Agent were not the Administrative Agent hereunder.Agent

Appears in 1 contract

Samples: Term Credit Agreement (Acterna Corp)

Administrative Agent in Its Individual Capacity. The Administrative 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 the Administrative Agent were not the Administrative Agent hereunder.any

Appears in 1 contract

Samples: Credit Agreement (Sba Communications Corp)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Company as though the Administrative Agent were not the Administrative Agent hereunderunder this Agreement and the Ancillary Agreements.

Appears in 1 contract

Samples: Note Purchase Agreement (Small World Kids Inc)

Administrative Agent in Its Individual Capacity. The Administrative 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 Company, the Borrower, its Subsidiaries or their respective Affiliates as though the Administrative Agent were not the Administrative Agent hereunder.. With respect to the Loans made by and all obligations of the Borrower hereunder and

Appears in 1 contract

Samples: Credit Agreement (Amerisource Distribution Corp)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Borrowers as though the Administrative Agent were not the Administrative Agent hereunder.hereunder and under the other Loan Documents and without notice to or consent of the Lenders. The Lenders acknowledge 90 84

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Young & Rubicam Inc)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Borrower as though the Administrative Agent were not the Administrative Agent hereunder.hereunder and under the other Loan Documents. With respect to the Loans made by it, the

Appears in 1 contract

Samples: Credit Agreement (Kayne Anderson Energy Total Return Fund, Inc.)

Administrative Agent in Its Individual Capacity. The Administrative 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 the Administrative Agent were not an Administrative 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, the Administrative Agent hereunder.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

Appears in 1 contract

Samples: Credit Agreement (National CineMedia, Inc.)

Administrative Agent in Its Individual Capacity. The Administrative 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 the Administrative Agent were not the Administrative Agent. With respect to its Revolving Loans made or renewed by it, the Administrative Agent hereunder.shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "

Appears in 1 contract

Samples: Credit Agreement (Novellus Systems Inc)

Administrative Agent in Its Individual Capacity. The Administrative 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 the such Administrative Agent were not an agent. Notwithstanding anything herein to the contrary, the Administrative Agent hereundershall in no event make any make any Loan or other advances hereunder or under any other Loan Documents.

Appears in 1 contract

Samples: Term Loan Agreement (Integrated Electrical Services Inc)

Administrative Agent in Its Individual Capacity. The Administrative 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 the Administrative Agent were not the Administrative Agent hereunder.the

Appears in 1 contract

Samples: Delphi Corp

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Administrative Agent in Its Individual Capacity. The Administrative 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 Parent, the Company and the other Subsidiaries of the Company as though the Administrative Agent were not the Administrative Agent hereunder.. With respect to such loans made or renewed by them and

Appears in 1 contract

Samples: Credit Agreement (Check Mart of New Mexico Inc)

Administrative Agent in Its Individual Capacity. The Administrative 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 the Administrative Agent were not the Administrative Agent. With respect to its Loans made or renewed by it, the Administrative Agent hereunder.shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “

Appears in 1 contract

Samples: Credit Agreement (Trean Insurance Group, Inc.)

Administrative Agent in Its Individual Capacity. The Administrative 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 the such Administrative Agent were not an 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, the Administrative Agent hereunder.shall have the same rights and powers under this Agreement and the other Loan

Appears in 1 contract

Samples: Credit Agreement (Meritage Homes CORP)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though the Administrative Agent were not the Administrative Agent hereunder.the

Appears in 1 contract

Samples: Credit Agreement (Intelsat LTD)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any Loan Party of its Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder.. With respect to the Loans

Appears in 1 contract

Samples: Credit Agreement (Pulte Corp)

Administrative Agent in Its Individual Capacity. The Administrative 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 the Administrative Agent were not an Administrative Agent. With respect to its Term Loans made or renewed by it, the Administrative Agent hereundershall 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 Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Super MergerSub Inc.)

Administrative Agent in Its Individual Capacity. The Administrative 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 the Administrative Agent were not the Administrative Agent. With respect to its Loans made or renewed by it the Administrative Agent hereundershall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Federal Mogul Corp)

Administrative Agent in Its Individual Capacity. The Administrative 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 the Administrative Agent were not Administrative Agent hereunder. With respect to the Loans made and all Borrowers' Obligations owing to it, the Administrative Agent hereunder.shall have the same rights and powers under this Credit Agreement as any Lender and may exercise the same as though they were not Administrative Agent, and the terms "Lender" and "

Appears in 1 contract

Samples: Credit Agreement (Inex Corp)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Parent, the Company or any Loan Party other Borrower as though the Administrative Agent were not the Administrative Agent hereunder.hereunder and under the other Loan Documents. With respect to its Loans

Appears in 1 contract

Samples: Credit Agreement (Wr Grace & Co/De)

Administrative Agent in Its Individual Capacity. The Administrative 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 the Administrative Agent were not the 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, Administrative Agent hereunder.shall have the same rights and powers under the Loan Documents as any Lender and may exercise the same as though it were not an agent, and the terms “Lender” and “

Appears in 1 contract

Samples: Credit Agreement (Standard Pacific Corp /De/)

Administrative Agent in Its Individual Capacity. The Administrative 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 the such Administrative Agent were not an 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, the Administrative Agent hereunder.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 “

Appears in 1 contract

Samples: Credit Agreement (Meritage Homes CORP)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, issue letters of credit in favor of, accept deposits from and generally engage in any kind of business with any Loan Party the Borrower, Southern and their respective Affiliates as though the Administrative Agent were not the Administrative Agent hereunder.hereunder and under the other Loan Documents. With respect to its Bank Loans made or renewed 106

Appears in 1 contract

Samples: Loan and Reimbursement Agreement (Cogentrix Energy Inc)

Administrative Agent in Its Individual Capacity. The Administrative 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 the Administrative Agent were not an Agent. With respect to its Loans made or renewed by it, the Administrative Agent hereundershall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Newpark Resources Inc)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Company as though the Administrative Agent were not the Administrative Agent hereunder.. With respect to its Loans made or renewed by it and any Note issued to it, the Administrative Agent shall have the same rights and powers under this

Appears in 1 contract

Samples: Credit Agreement (Dow Jones & Co Inc)

Administrative Agent in Its Individual Capacity. The Person serving as the Administrative Agent and its Affiliates may make loans extend credit to, accept deposits from and generally engage in any kind of business with any Loan Party the Borrower, the Parent and LNC as though the Administrative Agent such Person were not the Administrative Agent hereunder.

Appears in 1 contract

Samples: Reimbursement Agreement (Lincoln National Corp)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from from, acquire equity interests in and generally engage in any kind of business with any Loan Party as though the Administrative Agent were not the Administrative Agent hereunder.90

Appears in 1 contract

Samples: Revolving Loan Agreement (Kb Home)

Administrative Agent in Its Individual Capacity. The Administrative 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 the Administrative Agent were not the Administrative Agent hereunder.Agent. With respect to its Term

Appears in 1 contract

Samples: Credit Agreement (National Coal Corp)

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Company as though the Administrative Agent were not the Administrative Agent hereunder.. With respect to its Loans made or renewed by it and any Note issued to it, the Administrative Agent shall have the same rights and powers under this Agreement as any Bank or any Swing Line Bank and may exercise the same as though it were

Appears in 1 contract

Samples: First Data Corp

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