Common use of Agent Entitled to Act as Lender Clause in Contracts

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, the Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans, 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 Agent in its individual capacity. The Agent and its Affiliates may generally engage in any kind of business with the Borrower 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 Lenders.

Appears in 2 contracts

Sources: Credit Agreement (Powerwave Technologies Inc), Credit Agreement (Powerwave Technologies 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, the Agent in its individual capacity as a Lender hereunder. With respect to its participation in the LoansLoans and the Letters of Credit, the Agent and its Affiliates 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. The Agent and its Affiliates may lend money to, own securities of, and generally engage in any kind of business with the Borrower any Credit Party 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 Credit Parties for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 2 contracts

Sources: Senior Secured Revolving Credit and Guaranty Agreement (Euramax International, Inc.), Senior Secured Revolving Credit and Guaranty Agreement (Euramax International, 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, the Agent in its individual capacity as a Lender hereunder. With respect to its participation in the LoansLoans and the Letters of Credit, the Agent and its Affiliates 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. The Agent and its Affiliates may lend money to, own securities of, and generally engage in any kind of business with the Borrower any Credit Party 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 Credit Parties for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Sources: Senior Secured Revolving Credit and Guaranty Agreement (Euramax Holdings, Inc.)