Common use of Collateral Agent in its Individual Capacity Clause in Contracts

Collateral Agent in its Individual Capacity. The Collateral Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Project Parties as though the Collateral Agent were not the Collateral Agent hereunder. With respect to Loans made or renewed by it and any Note issued to it, the Collateral Agent shall have the same rights and powers under this Agreement as any Bank and may exercise the same as though it were not the Collateral Agent, and the terms "Bank" and "Banks" shall include the Collateral Agent in its individual capacity.

Appears in 1 contract

Samples: Construction and Term Loan Agreement (NRG Generating U S Inc)

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Collateral Agent in its Individual Capacity. The Collateral Agent and its Affiliates affiliates may make loans to, accept deposits from to and generally engage in any kind of business with the Project Parties any Obligor as though the Collateral Agent were not the Collateral Agent hereunderAgent. With respect to Loans made or renewed any Notes held by it and any Note issued to it, the Collateral Agent shall have the same rights and powers under this Agreement the applicable Note Documents as any Bank holder of the Notes and may exercise the same as though it were not the Collateral Agent, and the terms "Bank" “holder,” “holders” and "Banks" “Purchaser” shall include the Collateral Agent in its individual capacity.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (HLTH Corp)

Collateral Agent in its Individual Capacity. The Collateral Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Project Parties Company or any affiliate of the Company as though the Collateral Agent were not the Collateral Agent hereunder. With respect to the making of Loans made or renewed by it and any Note issued pursuant to itthis Agreement, the Collateral Agent shall have the same rights and powers under this Agreement in its individual capacity as any Bank and may exercise the same as though it were not the Collateral Agent, and the terms "Bank," and "Banks" shall include the Collateral Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Chicago Mercantile Exchange Holdings Inc)

Collateral Agent in its Individual Capacity. The Collateral Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Project Parties Borrower and its affiliates (including SNIC and its Subsidiaries) as though the Collateral Agent were not the Collateral Agent hereunder. With respect to the Loans made or renewed by it and any Note issued all Obligations owing to it, the Collateral Agent shall have the same rights and powers under this Agreement as any the Bank and may exercise the same as though it were not the Collateral Agent, Agent and the terms "Bank" and "Banks" shall include the Collateral Agent in its individual capacity.

Appears in 1 contract

Samples: Security Agreement (Superior National Insurance Group Inc)

Collateral Agent in its Individual Capacity. The Collateral Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Project Parties any Loan Party as though the Collateral Agent were not the Collateral Agent hereunderhereunder and under the other Loan Documents and the Security Agreements. With respect to the Loans made or renewed by it and any Note issued to it, the Collateral Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Bank Lender and may exercise the same as though it were not the Collateral Agent, and the terms "BankLender" and "BanksLenders" shall include the Collateral Agent in its individual capacity.

Appears in 1 contract

Samples: Subsidiaries Security Agreement (Standard Microsystems Corp)

Collateral Agent in its Individual Capacity. The Collateral Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Project Parties Company and any of its Subsidiaries as though the Collateral Agent were not the Collateral Agent hereunderhereunder and under the Collateral Security Documents. With respect to Loans made or renewed by it and any Note issued to it, the The Collateral Agent shall have the same rights and powers under this Agreement and the Collateral Security Documents as any Bank Purchaser and may exercise or refrain from exercising the same as though it were not the Collateral Agent, and the terms "BankPurchaser" and "BanksPurchasers" shall include the Collateral Agent in its individual capacity.

Appears in 1 contract

Samples: Securities Purchase Agreement (Carrington Laboratories Inc /Tx/)

Collateral Agent in its Individual Capacity. The Collateral Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Project Parties Company or any Guarantor as though the Collateral Agent were not the Collateral Agent hereunderAgent. With respect to Loans made or renewed any Notes purchased by it and any Note issued to it, the Collateral Agent shall have the same rights and powers under this Agreement and the other Note Documents as any Bank Holder and may exercise the same as though it were not the Collateral Agent, and the terms "Bank" “Holder” and "Banks" “Holders” shall include the Collateral Agent in its individual capacity.

Appears in 1 contract

Samples: Note Purchase Agreement (Ign Entertainment Inc)

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Collateral Agent in its Individual Capacity. The Collateral Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Project Parties any Obligor as though the Collateral Agent were not the Collateral Agent hereunder. With respect to the Senior Loans made or renewed by it and any Note issued all Obligations owing to it, the Collateral Agent shall have the same rights and powers under this Agreement as any Bank the Lenders and may exercise the same as though it were not the Collateral Agent, Agent and the terms "BankLender" and "Banks" shall include the Collateral Agent in its individual capacity.

Appears in 1 contract

Samples: Agreement (Advanced Radio Telecom Corp)

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

Appears in 1 contract

Samples: Loan Agreement (Elgar Holdings Inc)

Collateral Agent in its Individual Capacity. The Collateral Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Project Parties Debtor as though the Collateral Agent were was not the Collateral Agent hereunderAgent. With respect to Loans its loans made or renewed by it and any Promissory Note issued to it, the Collateral Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Bank Lender and may exercise the same as though it were not the Collateral Agent, and the terms "BankLender" and "BanksLenders" shall include the Collateral Agent in its individual capacity.

Appears in 1 contract

Samples: Security Agreement (Cytomedix Inc)

Collateral Agent in its Individual Capacity. The Collateral Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Project Parties Company or any affiliate of the Company as though the Collateral Agent were not the Collateral Agent hereunder. With respect to the making of Loans made or renewed by it and any Note issued pursuant to itthis Agreement, the Collateral Agent shall have the same rights and powers under this Agreement in its individual capacity as any Bank and may exercise the same as though it were not the Collateral Agent, and the terms "BankBANK," and "BanksBANKS" shall include the Collateral Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Chicago Mercantile Exchange Holdings Inc)

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