Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests of, engage in any kind of business with, any Loan Party or Affiliate thereof as though it were not acting as Agent, and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Required Lenders.
Appears in 7 contracts
Sources: Senior Secured Superpriority Asset Based Debtor in Possession Loan and Security Agreement (Nine Energy Service, Inc.), Loan and Security Agreement (Nine Energy Service, Inc.), Loan and Security Agreement (SkyWater Technology, Inc)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests stock and stock equivalents of, engage in any kind of business with, any Loan Party Obligor or Affiliate thereof as though it were not acting as Agent, the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Required Majority Lender” ”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Required Majority Lenders, respectively.
Appears in 6 contracts
Sources: Credit Agreement (Allurion Technologies, Inc.), Bridging Agreement (Allurion Technologies Holdings, Inc.), Credit Agreement (Xeris Biopharma Holdings, Inc.)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Revolving Lender”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Revolving Lender or as one of the Required Lenders.
Appears in 5 contracts
Sources: Credit Agreement (Cryolife Inc), Credit Agreement (Cryolife Inc), Credit Agreement (Cryolife Inc)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests stock of, accept deposits from, and engage in any kind of business with, Borrower or any Loan Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans is or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender Lender, and the terms “Lender” and ”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender a Lender, or as one of the Required Lenders.
Appears in 4 contracts
Sources: Loan and Security Agreement (Kala Pharmaceuticals, Inc.), Loan and Security Agreement (Kala Pharmaceuticals, Inc.), Loan and Security Agreement (Kala Pharmaceuticals, Inc.)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Required Requisite Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender Lender, or as one of the Required Requisite Lenders.
Appears in 4 contracts
Sources: Loan and Security Agreement (GenMark Diagnostics, Inc.), Loan and Security Agreement (Cas Medical Systems Inc), Loan and Security Agreement (AMEDICA Corp)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Term Loan or otherwise becomes a Lender Purchaser hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender Purchaser and the terms “LenderPurchaser” and “Required Lender” Purchasers”, and any similar terms shall, except where otherwise expressly provided in any Loan Note Document, include include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender a Purchaser or as one of the Required LendersPurchasers, respectively.
Appears in 4 contracts
Sources: Second Lien Note Purchase Agreement (Spinal Elements Holdings, Inc.), Second Lien Note Purchase Agreement (Spinal Elements Holdings, Inc.), Second Lien Note Purchase Agreement (Spinal Elements Holdings, Inc.)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender,” and “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include Agent or such Affiliate, as the case may beapplicable, in its individual capacity as Lender, Lender or as one of the Required Lenders.
Appears in 3 contracts
Sources: Credit Agreement (Jakks Pacific Inc), Term Loan Agreement (Jakks Pacific Inc), Credit Agreement (Jakks Pacific Inc)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests of, engage in any kind of business with, any Loan Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Term Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Required Lenders.
Appears in 3 contracts
Sources: Loan and Security Agreement (Olb Group, Inc.), Loan and Security Agreement (Excel Corp), Loan and Security Agreement (Sypris Solutions Inc)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Required Lenders.
Appears in 3 contracts
Sources: Credit Agreement (Furniture Brands International Inc), Credit Facility (Metropolitan Health Networks Inc), Credit Agreement (Rand Logistics, Inc.)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Revolving Lender”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Revolving Lender or as one of the Required Lenders, respectively.
Appears in 3 contracts
Sources: Credit Agreement (Essex Rental Corp.), Credit Agreement (Rentech Nitrogen Partners, L.P.), Credit Agreement (Essex Rental Corp.)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests stock and stock equivalents of, engage in any kind of business with, any Loan Party or any Affiliate thereof of any Loan Party as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Term Loans or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender Lender, or as one of the Required Lenders.
Appears in 2 contracts
Sources: Loan and Security Agreement (LumiraDx LTD), Loan and Security Agreement (LumiraDx LTD)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, and engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Required Lenders.
Appears in 2 contracts
Sources: Credit Agreement (Charah Solutions, Inc.), Credit Agreement (Charah Solutions, Inc.)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Required Requisite Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender Lender, or as one of the Required Requisite Lenders.. Loan and Security Agreement - Amedica
Appears in 2 contracts
Sources: Loan and Security Agreement, Loan and Security Agreement (AMEDICA Corp)
Agent Individually. The Administrative Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests stock and stock equivalents of, engage in any kind of business with, any Loan Party Obligor or Affiliate thereof as though it were not acting as Agent, the Administrative Agent and may receive separate fees and other payments therefor. To the extent the Administrative Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Required Majority Lender” ”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, the Administrative Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Required Majority Lenders, respectively.
Appears in 2 contracts
Sources: Credit Agreement (Neuronetics, Inc.), Credit Agreement (Apyx Medical Corp)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Required Lender”, “Supermajority Lenders” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender Lender, as one of the Required Lenders or as one of the Required Supermajority Lenders, respectively.
Appears in 2 contracts
Sources: Credit Agreement (Constellium N.V.), Credit Agreement (Constellium N.V.)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Revolving Lender”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Revolving Lender or as one of the Required Lenders or Required Lenders, respectively.
Appears in 2 contracts
Sources: Credit Agreement (Victor Technologies Group, Inc.), Credit Agreement (Thermadyne Australia Pty Ltd.)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Note Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes purchases any portion of the Revolving Loans Notes or otherwise becomes a Lender Purchaser hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender Purchaser and the terms “Lender” and Purchaser”, “Required Lender” Purchaser”, and any similar terms shall, except where otherwise expressly provided in any Loan Note Document, include include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender Purchaser or as one of the Required LendersPurchasers, respectively.
Appears in 2 contracts
Sources: Senior Secured Priming Super Priority Debtor in Possession Note Purchase Agreement (Constar International Inc), Restructuring and Lock Up Agreement (Constar International Inc)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Lender”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Lender or as one of the Required Lenders, respectively.
Appears in 2 contracts
Sources: Credit Agreement (Banctec Inc), Credit Agreement (Banctec Inc)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Required Lender” ”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender Lender, or as one of the Required Lenders, respectively.
Appears in 2 contracts
Sources: Debtor in Possession Credit Agreement (GSE Holding, Inc.), Dip Credit Agreement
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Required Lenders.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Signature Group Holdings, Inc.), Debt Agreement
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Revolving Lender”, “Required LenderLenders” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Revolving Lender or as one of the Required Lenders, respectively.
Appears in 2 contracts
Sources: Credit Agreement (Phreesia, Inc.), Credit Agreement (Phreesia, Inc.)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Lender”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Lender or as one of the Required Lenders, respectively.
Appears in 2 contracts
Sources: Credit Agreement (Talbots Inc), Credit Agreement (Talbots Inc)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Revolving Lender”, “Required Lender” ”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Revolving Lender or as one of the Required Lenders, respectively.
Appears in 2 contracts
Sources: Credit Agreement (NxStage Medical, Inc.), Credit Agreement (Tembec Industries Inc)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Required Lender” ”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender Lender, or as one of the Required Lenders.
Appears in 2 contracts
Sources: Credit Agreement (Hemisphere Media Group, Inc.), Credit Agreement (Hemisphere Media Group, Inc.)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Revolving Lender”, “Required Lender” ”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender Revolving Lender or as one of the Required Lenders, respectively.
Appears in 2 contracts
Sources: Credit Agreement (Rentech Nitrogen Partners, L.P.), Credit Agreement (Rentech Nitrogen Partners, L.P.)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests of, or engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Required Lender” ”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Required Lenders.
Appears in 2 contracts
Sources: Term Loan Agreement (International Textile Group Inc), Term Loan Agreement (International Textile Group Inc)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests stock of, accept deposits from, and engage in any kind of business with, any Loan Party Borrower or any Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans is or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender Lender, and the terms “Lender” and ”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Required Lenders.expressly
Appears in 2 contracts
Sources: Loan and Security Agreement (Asante Solutions, Inc.), Loan and Security Agreement (Asante Solutions, Inc.)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Revolving Lender”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Revolving Lender or as one of the Required Lenders, respectively.
Appears in 1 contract
Sources: Credit Agreement (Unisys Corp)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Party or any Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Term Loans or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “"Lender” and “Required ", "Requisite Lender” " and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender Lender, or as one of the Required Requisite Lenders.
Appears in 1 contract
Sources: Loan and Security Agreement (Cas Medical Systems Inc)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Term Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Required Requisite Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender Lender, or as one of the Required Requisite Lenders.
Appears in 1 contract
Sources: Loan and Security Agreement (Navidea Biopharmaceuticals, Inc.)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender,” and “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Required Lenders, respectively.
Appears in 1 contract
Sources: Credit Agreement (Landec Corp \Ca\)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, and engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Revolving Lender”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Revolving Lender or as one of the Required Lenders, respectively.
Appears in 1 contract
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Revolving Lender”, “Required Lender” ”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include Agent or such Affiliate, as the case may be, in its individual capacity as Lender Revolving Lender or as one of the Required Lenders, respectively.
Appears in 1 contract
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Required Lenders, respectively.
Appears in 1 contract
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests capital stock of, engage in any kind of business with, the Company, the Transferor, the Servicer, the Manager or any Loan Party or Affiliate thereof as though it were not acting as Agent, the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Transaction Document, include the Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Required Lenders, respectively.
Appears in 1 contract
Sources: Loan and Security Agreement (Iconix Brand Group, Inc.)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Party or Affiliate thereof as though it were not acting as Agent, an Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “"Lender” " and “"Required Lender” " and any similar terms shall, except where otherwise expressly provided in any Loan Document, include the Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Required Lenders, respectively.
Appears in 1 contract
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests stock and stock equivalents of, engage in any kind of business with, any Borrower or any other Loan Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender,” and “Required Lender,” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include including, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Required Lenders, respectively.
Appears in 1 contract
Agent Individually. The Administrative Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Party or Affiliate thereof as though it were not acting as Agent, an Agent and may receive separate fees and other payments therefor. To the extent the Administrative Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, either Administrative Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Required Lenders, respectively.
Appears in 1 contract
Sources: Second Lien Credit Agreement (Clearlake Capital Partners, LLC)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Revolving Lender”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Revolving Lender or as one of the Required Lenders, respectively.
Appears in 1 contract
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Revolving Lender”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Revolving Lender or as one of the Required LendersLenders respectively.
Appears in 1 contract
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Required Lender” ”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Required Lenders, respectively.
Appears in 1 contract
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, to acquire Equity Interests stock and stock equivalents of, engage in any kind of business with, any Loan Party Obligor or Affiliate thereof as though it were not acting as Agent, the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Required Majority Lender” ”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Required Majority Lenders, respectively.
Appears in 1 contract
Sources: Credit Agreement (Nevro Corp)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Party the Borrower or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Required Lenders.
Appears in 1 contract
Sources: Credit Agreement (Amerco /Nv/)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Required LendersLenders respectively.
Appears in 1 contract
Agent Individually. The Administrative Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Party or Affiliate thereof as though it were not acting as Agent, the Administrative Agent and may receive separate fees and other payments therefor. To the extent the Administrative Agent or any of its their Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, the Administrative Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Required Lenders, respectively.
Appears in 1 contract
Sources: Term Loan Agreement (Bombay Co Inc)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Shares and Share Equivalents of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “"Lender” and “", "Required Lender” " and any similar terms shall, except where otherwise expressly provided in any Loan Document, include Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Required Lenders.
Appears in 1 contract
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests of, engage in any kind of business with, any Loan Party or Affiliate thereof as though it were not acting as Agent, and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans or Term Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Required Lenders.
Appears in 1 contract
Agent Individually. The Administrative Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Party or Affiliate thereof as though it were not acting as Agent, an Agent and may receive separate fees and other payments therefor. To the extent the Administrative Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “"Lender” " and “"Required Lender” " and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, either Administrative Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Required Lenders, respectively.
Appears in 1 contract
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Revolving Lender”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include Agent or such Affiliate, as the case may beapplicable, in its individual capacity as Lender, Revolving Lender or as one of the Required Lenders, respectively.
Appears in 1 contract
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Lender”, “ Majority Lenders”, “Required LenderLenders” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Lender or as one of the Majority Lenders or Required Lenders, respectively.
Appears in 1 contract
Sources: Credit Agreement (Ute Energy Upstream Holdings LLC)
Agent Individually. Administrative Agent, Collateral Agent and its their respective Affiliates may make loans and other extensions of credit to, acquire Equity Interests stock and stock equivalents of, engage in any kind of business with, the Borrower or any Loan Party or Affiliate thereof of the Borrower as though it were not acting as Administrative Agent or Collateral Agent, as applicable, and may receive separate fees and other payments therefor. To the extent Administrative Agent, Collateral Agent or any of its their respective Affiliates makes any portion of the Revolving Loans or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Required Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, Administrative Agent, Collateral Agent or such Affiliate, as the case may be, in its individual capacity as Lender Lender, or as one of the Required Lenders.
Appears in 1 contract
Sources: Senior Secured Loan and Security Agreement (Reed's, Inc.)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Term Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Required Requisite Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, Agent or such Affiliate, as the case may be, in its individual capacity as Lender Lender, or as one of the Required Requisite Lenders.
Appears in 1 contract
Sources: Loan and Security Agreement (Siga Technologies Inc)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests equity interests of, or engage in any kind of business withwith Borrower, any Loan Party of its Subsidiaries or any Affiliate thereof of Borrower or its Subsidiary as though it were not acting as Agent, the Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Required Majority Lender” ”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender or as one of the Required Majority Lenders, respectively.
Appears in 1 contract
Sources: Loan and Security Agreement (Mammoth Energy Services, Inc.)
Agent Individually. Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Revolving Loan Lender”, “Required Lender” ”, and any similar terms shall, except where otherwise expressly provided in any Loan Document, include Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Revolving Loan Lender or as one of the Required Lenders, respectively.
Appears in 1 contract
Sources: Loan Agreement (Lightstone Value Plus Real Estate Investment Trust III, Inc.)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “"Lender” and “", "Lender", "Required Lender” " and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender, Lender or as one of the Required Lenders, respectively.
Appears in 1 contract
Sources: Credit Agreement (Banctec Inc)
Agent Individually. The Agent and its Affiliates may make loans and other extensions of credit to, acquire Equity Interests Stock and Stock Equivalents of, engage in any kind of business with, any Loan Credit Party or Affiliate thereof as though it were not acting as Agent, Agent and may receive separate fees and other payments therefor. To the extent the Agent or any of its Affiliates makes any portion of the Revolving Loans Loan or otherwise becomes a Lender hereunder, it shall have and may exercise the same rights and powers hereunder and shall be subject to the same obligations and liabilities as any other Lender and the terms “Lender” and ”, “Required Majority Lender” and any similar terms shall, except where otherwise expressly provided in any Loan Document, include include, without limitation, the Agent or such Affiliate, as the case may be, in its individual capacity as Lender Lender, or as one of the Required Majority Lenders, respectively.
Appears in 1 contract
Sources: Senior Secured Debtor in Possession Credit Agreement