Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.
Appears in 2 contracts
Sources: Credit Agreement (Office Depot Inc), Credit Agreement (Office Depot Inc)
Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Kv Pharmaceutical Co /De/), Credit and Guaranty Agreement (Kv Pharmaceutical Co /De/)
Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with the Borrower Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower Holdings for services in connection herewith with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Sources: Senior Pik Credit Agreement (IntraLinks Holdings, Inc.)
Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the LoansLoans and the Letters of Credit, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, to and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower Holdings, Company or any of its their Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower Holdings and Company for services in connection herewith with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Sources: Credit Agreement (Sealy Corp)
Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Term Loans, each Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Administrative Agent in its individual capacity. Any Administrative Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower Company for services in connection herewith and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the LoansLoans and the Letters of Credit, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or "Lenders" or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, to and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower for services in connection herewith with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Term Loans, each Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Administrative Agent in its individual capacity. Any Administrative Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or "Lenders" or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, to and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower for services in connection herewith with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Sources: Credit Agreement (Apollo Real Estate Investment Fund Ii L P)
Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any the Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each the Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each the Agent in its individual capacity. Any The Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower for services in connection herewith and otherwise without having to account for the same to the Lenders.
Appears in 1 contract
Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower Company for services in connection herewith and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Sources: Credit Agreement (Emc Corp)
Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any the Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each the Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " shall, unless the context clearly otherwise indicates, include each the Agent in its individual capacity. Any The Agent and its Affiliates may accept deposits from, lend money to, own securities of, to and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower Borrowers or any of its their Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower Borrowers for services in connection herewith and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Sources: Credit Agreement (Tridex Corp)
Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Term Loans, each Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Administrative Agent in its individual capacity. Any Administrative Agent and its Affiliates may accept deposits from, lend money to, own securities of, to and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower Company for services in connection herewith and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Sources: Credit and Guaranty Agreement (Xo Communications Inc)
Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any the Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the LoansParticipated Letters of Credit, each the Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each the Administrative Agent in its individual capacity. Any The Administrative Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower the Company for services in connection herewith and otherwise without having to account for the same to Lendersany Lender.
Appears in 1 contract
Sources: Credit Agreement
Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or "Lenders" or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, to and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower or any Standby Purchaser or any of its their respective Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower or any Standby Purchaser for services in connection herewith with this Agreement and otherwise other- wise without having to account for the same to Lenders.
Appears in 1 contract
Sources: Fixed Rate Loan Agreement (Wellsford Real Properties Inc)
Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the LoansLoans and the Letters of Credit, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or "Lenders" or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Each Agent and its Affiliates may accept deposits from, lend money to, own securities of, to and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower for services in connection herewith with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Sources: Credit Agreement (Hartmarx Corp/De)
Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunderLender. With respect to its participation in the Commitment and Loans, each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as if though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, to and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower or any of its Borrower’s Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower and Borrower’s Affiliates for services in connection herewith with this Agreement and otherwise without having to account for the same to Lenders.
Appears in 1 contract
Sources: Revolving Line of Credit Agreement (Hawaiian Telcom Holdco, Inc.)