Common use of Rights as a Lender Clause in Contracts

Rights as a Lender. Each Person serving as an Agent or a Lead Arranger hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent or a Lead Arranger, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an Agent or a Lead Arranger, as applicable, hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 4 contracts

Samples: Credit Agreement (Albany Molecular Research Inc), Credit Agreement (Albany Molecular Research Inc), Credit Agreement (Albany Molecular Research Inc)

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Rights as a Lender. Each Person serving as an the Administrative Agent or a Lead Arranger the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arrangerthe Collateral Agent, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arrangerthe Collateral Agent, as applicable, hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arrangerthe Collateral Agent, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 4 contracts

Samples: Second Lien Credit Agreement (Royal Resources Partners LP), Credit Agreement (Royal Resources Partners LP), Credit Agreement (Royal Resources Partners LP)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger hereunder shall have the same rights and powers in its capacity as a Lender (to the extent it is also a Lender) as any other Lender and may exercise the same as though it were not an Agent or a Lead Arranger, as applicablethe Administrative Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, hereunder in its individual capacitycapacity as Lender, if applicable. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for for, and generally engage in any kind of business with with, the Borrower Borrower, Holdings or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 4 contracts

Samples: Loan and Servicing Agreement (Carlyle Credit Solutions, Inc.), Loan and Servicing Agreement (Stepstone Private Credit Fund LLC), Loan and Servicing Agreement (TCG BDC II, Inc.)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger and/or the Security Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arrangerand/or the Security Agent, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, and/or the Security Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower Loan Parties, the Covenant Parties or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, and/or the Security Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Liberty Latin America Ltd.), Credit Agreement (Liberty Latin America Ltd.), Credit Agreement (Liberty Latin America Ltd.)

Rights as a Lender. Each Person serving as an Agent or a Lead an Arranger hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent or a Lead an Arranger, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an Agent or a Lead an Arranger, as applicable, hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an Agent or a Lead an Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 3 contracts

Samples: Term Loan Credit Agreement (MKS Instruments Inc), Term Loan Credit Agreement (MKS Instruments Inc), Security Agreement (MKS Instruments Inc)

Rights as a Lender. Each Person serving as an Agent or a Lead an Arranger hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent or a Lead an Arranger, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an Agent or a Lead an Arranger, as applicable, hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the any Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an Agent or a Lead an Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 3 contracts

Samples: Abl Credit Agreement (MKS Instruments Inc), Assignment and Assumption (MKS Instruments Inc), Security Agreement (MKS Instruments Inc)

Rights as a Lender. Each At any time that any such Person is also a Lender hereunder, any Person serving as an the Administrative Agent or a Lead Arranger hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent or a Lead Arranger, as applicablethe Administrative Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the such Person serving as an the Administrative Agent or a Lead Arranger, as applicable, hereunder in its individual capacity. Such Any such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Ping Identity Holding Corp.), Second Lien Credit Agreement (Allvue Systems Holdings, Inc.), Credit Agreement (Datto Holding Corp.)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger and/or the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, and/or the Collateral Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, and/or the Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, and/or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Everi Holdings Inc.), Credit Agreement (Everi Holdings Inc.), Credit Agreement (Global Cash Access Holdings, Inc.)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger the Collateral Agent, as applicable, hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower Borrowers or any Subsidiary of the Parent or any other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Redwire Corp), Credit Agreement (Redwire Corp), Credit Agreement (Redwire Corp)

Rights as a Lender. Each The Person serving as an the Administrative Agent or hereunder, to the extent it is also a Lead Arranger hereunder Lender hereunder, shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of banking, trust, financial, advisory, underwriting or other business with the Borrower any Loan Party or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the LendersLenders or to provide notice to or consent of the Lenders with respect thereto.

Appears in 3 contracts

Samples: Credit Agreement (Cambium Networks Corp), Credit Agreement (Cambium Networks Corp), Credit Agreement (Cambium Networks Corp)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger and/or the Security Trustee hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arrangerand/or the Security Trustee, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, and/or the Security Trustee hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower Loan Parties or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, and/or the Security Trustee hereunder and without any duty to account therefor to the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Liberty Latin America Ltd.), Credit Agreement (Liberty Latin America Ltd.), Credit Agreement (Liberty Latin America Ltd.)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger the collateral agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, the collateral agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, and the Person serving as applicable, the collateral agent hereunder in its their respective individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company, any other Borrower or any Subsidiary or other Affiliate thereof of the Company or any other Borrower as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, the collateral agent hereunder and without any duty to account therefor to the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Sonic Automotive Inc), Vehicle Floorplan Credit Agreement (Sonic Automotive Inc), Syndicated New and Used Vehicle Floorplan Credit Agreement (Sonic Automotive Inc)

Rights as a Lender. Each Person (a) The person(s) serving as an the Administrative Agent or a Lead Arranger Revolving Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, Revolving Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person person serving as an the Administrative Agent or a Lead Arranger, as applicable, Revolving Agent hereunder in its individual capacity. Such Person person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person person were not an the Administrative Agent or a Lead Arranger, as applicable, Revolving Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Centric Brands Inc.), Credit Agreement (Centric Brands Inc.), First Lien Credit Agreement (Centric Brands Inc.)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger hereunder shall have the same rights and powers in its capacity as a Lender or an Issuing Bank as any other Lender or Issuing Bank and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, and the term “Lender”, “Lenders” or “LendersIssuing Bank” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, own securities of, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with Holdings, the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the LendersLenders or the Issuing Banks.

Appears in 3 contracts

Samples: Credit Agreement (Digital Media Solutions, Inc.), Credit Agreement (Atlas Technical Consultants, Inc.), Credit Agreement (Atlas Technical Consultants, Inc.)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger hereunder shall have the same rights and powers in its capacity as a Lender or Holder as any other Lender or Holder and may exercise the same as though it were not an Agent or a Lead Arranger, as applicablethe Administrative Agent, and the term “Lender” or “Lenders,” or “Holder” or “Holders,” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for for, and generally engage in any kind of business with with, the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the LendersLenders and Holders.

Appears in 3 contracts

Samples: Revolving Credit Agreement (CCF Holdings LLC), Credit Agreement (Community Choice Financial Inc.), Revolving Credit Agreement (Community Choice Financial Inc.)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger and/or the Security Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arrangerand/or the Security Agent, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, and/or the Security Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower Loan Parties or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, and/or the Security Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Liberty Latin America Ltd.), Credit Agreement (Liberty Latin America Ltd.), Credit Agreement (Liberty Latin America Ltd.)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger hereunder shall will have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent or a Lead Arranger, as applicablethe Administrative Agent, and the term “Lender” or “Lenders” shallwill, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, hereunder in its individual capacitycapacity to the extent such Person is a Lender. Such The Lenders acknowledge and agree that such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for for, and generally engage in any kind of business with with, Borrower, the Borrower other Obligors or any Subsidiary other Subsidiaries or other Affiliate thereof Affiliates of the Obligors as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders. Section 12.03.

Appears in 2 contracts

Samples: Credit Agreement and Guaranty (IsoPlexis Corp), Credit Agreement and Guaranty (IsoPlexis Corp)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger hereunder shall have the same rights and powers in its capacity as a Lender (to the extent it is or becomes a Lender) as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, hereunder in its individual capacity. Such Person The Administrative Agent and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of banking, trust, financial, advisory, underwriting or other business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the LendersLenders or to provide notice to or consent of the Lenders with respect thereto.

Appears in 2 contracts

Samples: Credit Agreement (Basic Energy Services Inc), Term Loan Credit Agreement (Basic Energy Services Inc)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger hereunder shall will have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent or a Lead Arranger, as applicablethe Administrative Agent, and the term “Lender” or “Lenders” shallwill, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, hereunder in its individual capacitycapacity to the extent such Person is a Lender. Such The Lenders acknowledge and agree that such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for for, and generally engage in any kind of business with with, Borrower, the Borrower other Obligors or any Subsidiary other Subsidiaries or other Affiliate thereof Affiliates of the Obligors as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (IsoPlexis Corp), Credit Agreement and Guaranty (IsoPlexis Corp)

Rights as a Lender. Each Person person serving as an Agent or a Lead Arranger hereunder shall have the same rights and powers in its capacity as a Lender or an Issuing Bank as any other Lender or any other Issuing Bank, as the case may be, and may exercise the same as though it were not an Agent or a Lead Arranger, as applicable, and the term “Lender”, “Lenders”, “Issuing Bank” or “LendersIssuing Banks” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person each person serving as an Agent or a Lead Arranger, as applicable, hereunder in its individual capacity. Such Person person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower Holdings or any Subsidiary or other Affiliate thereof as if such Person person were not an Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the LendersLenders or the Issuing Banks.

Appears in 2 contracts

Samples: Credit Agreement (TiVo Corp), Credit Agreement (Rovi Corp)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger the Collateral Agent, as applicable, hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower Borrowers or any Subsidiary of the Parent or any other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent hereunder and without any duty to account therefor to the Lenders. Section 9.03.

Appears in 2 contracts

Samples: Credit Agreement (Redwire Corp), Credit Agreement (Redwire Corp)

Rights as a Lender. Each Person serving as an the Administrative Agent or a Lead Arranger the Documentation Agent, as applicable, hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arrangerthe Documentation Agent, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arrangerthe Documentation Agent, as applicable, hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arrangerthe Documentation Agent, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Rti International Metals Inc), Credit Agreement (Rti International Metals Inc)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger and/or the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, and/or the Collateral Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, and/or the Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower Parent or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, and/or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Everi Holdings Inc.), Credit Agreement (Everi Holdings Inc.)

Rights as a Lender. Each Any Person serving as an the Administrative Agent or a Lead Arranger the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicablethe Collateral Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the any Person serving as an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent hereunder in its individual capacitycapacity as a Lender. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for for, and generally engage in any kind of business with with, the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (Innoviva, Inc.)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger hereunder shall will have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent or a Lead Arranger, as applicablethe Administrative Agent, and the term “Lender” or “Lenders” shallwill, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, hereunder in its individual capacitycapacity to the extent such Person is a Lender. Such The Lenders acknowledge and agree that such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for for, and generally engage in any kind of business with with, the Borrower Borrowers, the other Obligors or any Subsidiary other Subsidiaries or other Affiliate thereof Affiliates of the Obligors as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Trinity Biotech PLC), Credit Agreement (Trinity Biotech PLC)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger as Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arrangerthe Collateral Agent, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arrangerthe Collateral Agent, as applicable, hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with Springleaf, the Borrower or any Subsidiary of their respective Subsidiaries or other Affiliate thereof Affiliates as if such Person were not an the Administrative Agent or a Lead Arrangerthe Collateral Agent, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 2 contracts

Samples: Security Agreement (Springleaf Finance Corp), Security Agreement (Springleaf Finance Inc)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger hereunder shall have the same rights and powers in its capacity as a Lender (to the extent it is also a Lender) as any other Lender and may exercise the same as though it were not an Agent or a Lead Arranger, as applicablethe Administrative Agent, and the term "Lender" or "Lenders" shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, hereunder in its individual capacitycapacity as Lender, if applicable. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for for, and generally engage in any kind of business with with, the Borrower Borrower, Holdings or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Carlyle Secured Lending III), Loan and Servicing Agreement (Carlyle Secured Lending III)

Rights as a Lender. Each Person If a Lender or the Lender Representative is serving as an the Administrative Agent or a Lead Arranger hereunder hereunder, such Person shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include include, if applicable, the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of banking, trust, financial, advisory, underwriting or other business with the Borrower any Loan Party or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the LendersLenders or to provide notice to or consent of the Lenders with respect thereto.

Appears in 1 contract

Samples: Credit Agreement (Harmony Biosciences Holdings, Inc.)

Rights as a Lender. Each The Person serving as an Administrative Agent or a Lead Arranger hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent or a Lead Arranger, as applicableAdministrative Agent, and the term “Lender” or “Lenders” CREDIT AGREEMENT – Page 86 0000-0000-0000.5 shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an Administrative Agent or a Lead Arranger, as applicable, hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for for, and generally engage in any kind of business with the with, Borrower or any other Loan Party or any Subsidiary or other Affiliate thereof as if such Person were not an Administrative Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to Lenders or to provide notice to or obtain the Lendersconsent of the Lenders with respect thereto.

Appears in 1 contract

Samples: Credit Agreement (Cryo Cell International Inc)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger Revolver Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, Revolver Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, Revolver Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower Credit Parties or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, Revolver Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (PetIQ, Inc.)

Rights as a Lender. Each Person The Persons serving as an the Agent or a the Co-Lead Arranger Arrangers hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Agent or a the Co-Lead Arranger, as applicable, Arrangers and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the each Person serving as an the Agent or a Co-Lead Arranger, as applicable, Arranger hereunder in its individual capacity. Such Each such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Agent or a Co-Lead Arranger, as applicable, Arranger hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Gateway Trade Center Inc.)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger the Security Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arrangerthe Security Agent, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, hereunder in its individual capacity. Such Person Persons (including the Security Agent) and its their Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for for, and generally engage in any kind of business with with, the Borrower Company or any Subsidiary or other Affiliate thereof as if such Person Persons were not an the Administrative Agent or a Lead Arrangerthe Security Agent, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Lender Assignment Agreement (Carnival PLC)

Rights as a Lender. Each Person serving as an the Paying Agent or a Lead Arranger as Co-Administrative Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Paying Agent or a Lead Arranger, as applicableCo-Administrative Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Paying Agent or as a Lead Arranger, as applicable, Co-Administrative Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Paying Agent or a Lead Arranger, as applicable, Co-Administrative Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Key Energy Services Inc)

Rights as a Lender. Each Any Person serving as an the Administrative Agent or a Lead Arranger Co-Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, Co-Collateral Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the each Person serving as an the Administrative Agent or a Lead Arranger, as applicable, Co-Collateral Agent hereunder in its individual capacity. Such Person Persons and its their Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower Borrowers or any Subsidiary or other Affiliate thereof as if such Person Persons were not an the Administrative Agent or a Lead Arranger, as applicable, Co-Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Revolving Credit Agreement (Borders Group Inc)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger Syndication Agent, as applicable, hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead ArrangerSyndication Agent, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead ArrangerSyndication Agent, as applicable, hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead ArrangerSyndication Agent, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Term Loan Agreement (Parker Drilling Co /De/)

Rights as a Lender. Each Person The Persons serving as an the Administrative Agent or a Lead Arranger and the Co- Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, Co-Collateral Agent and the term "Lender" or "Lenders" shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person Persons serving as an the Administrative Agent or a Lead Arranger, as applicable, and Co-Collateral Agent hereunder in its their individual capacity. Such Person Persons and its their Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Parent Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.. 112

Appears in 1 contract

Samples: Credit Agreement (Leslie's, Inc.)

Rights as a Lender. Each At any time that any such Person is also a Lender hereunder, any Person serving as an the Administrative Agent or a Lead Arranger hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent or a Lead Arranger, as applicablethe Administrative Agent, and the term “Lender” or “Lenders” shall, unless 202 otherwise expressly indicated or unless the context otherwise requires, include the such Person serving as an the Administrative Agent or a Lead Arranger, as applicable, hereunder in its individual capacity. Such Any such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: First Lien Credit Agreement (Allvue Systems Holdings, Inc.)

Rights as a Lender. Each Person person serving as an Agent or a Lead Arranger (other than the Revolving Credit Administrative Agent) hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent or a Lead Arranger, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person each person serving as an Agent or a Lead Arranger, as applicable, (other than the Revolving Credit Administrative Agent) hereunder in its individual capacity. Such Person person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the any Borrower or any Subsidiary or other Affiliate thereof as if such Person person were not an Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Petroleum Geo Services Asa)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicablethe Collateral Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for for, and generally engage in any kind of business with with, the Parent, the Borrower or any other Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Grizzly Energy, LLC)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger and the Multicurrency Administrative Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, the Multicurrency Administrative Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, the Multicurrency Administrative Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, the Multicurrency Administrative Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Standex International Corp/De/)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent and the Person serving as or a Lead Arranger, as applicable, the Collateral Agent hereunder in its their respective individual capacitycapacities. Such Each such Person and its their respective Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower SEI or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent hereunder and without any duty to account therefor to the Lenders.. 108

Appears in 1 contract

Samples: Credit Agreement (Stewart Enterprises Inc)

Rights as a Lender. Each Person If a Lender is serving as an Agent or a Lead Arranger hereunder the Lender Representative hereunder, such Lender shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent or a Lead Arrangerthe Lender Representative, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person each Lender serving as an Agent or a Lead Arranger, as applicable, the Lender Representative hereunder in its individual capacity. Such Person person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower Holdings or any Subsidiary or other Affiliate thereof as if such Person person were not an Agent or a Lead Arranger, as applicable, the Lender Representative hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Loar Holdings, LLC)

Rights as a Lender. Each Person The Persons serving as an the Administrative Agents and Collateral Agent or a Lead Arranger hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agents or Collateral Agent or a Lead Arranger, as applicable, and the term "Lender" or "Lenders" shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person Persons serving as an the Administrative Agents and Collateral Agent or a Lead Arranger, as applicable, hereunder in its individual capacity. Such Person Persons and its their respective Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower Credit Parties or any Subsidiary or other Affiliate thereof as if such Person Persons were not an the Administrative Agents or Collateral Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: First Lien Credit and Guaranty Agreement (Gentek Inc)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger hereunder shall will have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent or a Lead Arranger, as applicablethe Administrative Agent, and the term “Lender” or “Lenders” shallwill, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, hereunder in its individual capacitycapacity to the extent such Person is a Lender. Such The Lenders acknowledge and agree that such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for for, and generally engage in any kind of business with with, Borrowers, the Borrower other Obligors or any Subsidiary other Subsidiaries or other Affiliate thereof Affiliates of the Obligors as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (GeneDx Holdings Corp.)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent and the term "Lender" or "Lenders" shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Reliant Energy Inc)

Rights as a Lender. Each The Person serving as an Administrative Agent or and each Person named as a Lead Arranger hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, Arranger and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the each Person serving or named as an the Administrative Agent or a Lead Arranger, as applicable, Arranger hereunder in its such Person’s individual capacity. Such Person Persons and its their Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower GEO or any Subsidiary of its Subsidiaries or other Affiliate thereof Affiliates as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, Arranger hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Geo Group Inc)

Rights as a Lender. Each Person serving as an the Administrative Agent or a Lead Arranger another Applicable Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicablean Applicable Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, other Applicable Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower Borrowers or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, an Applicable Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Perkinelmer Inc)

Rights as a Lender. Each The Person serving as an Agent or a Lead Arranger hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent or a Lead Arranger, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an Agent or a Lead Arranger, as applicable, hereunder in its individual capacity. Such Person and its Affiliates may accept deposits *Information marked with an asterisk herein has been omitted and filed separately with the Commission pursuant to a request for confidential treatment. from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Cig Wireless Corp.)

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Rights as a Lender. Each The Person serving as an Agent or a Lead Arranger the Facility Servicer hereunder shall have the same rights and powers in its capacity as a Lender (to the extent it is also a Lender) as any other Lender and may exercise the same as though it were not an Agent or a Lead Arranger, as applicablethe Facility Servicer, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an Agent or a Lead Arranger, as applicable, the Facility Servicer hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for for, and generally engage in any kind of business with with, the Borrower and Holdings, or any Subsidiary or other Affiliate thereof as if such Person were not an Agent or a Lead Arranger, as applicable, the Facility Servicer hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Business Development Corp of America)

Rights as a Lender. Each With respect to any Commitment and Loan made by it, the Person serving as an the Administrative Agent or a Lead Arranger hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Procaps Group, S.A.)

Rights as a Lender. Each Person The Persons serving as an Agent or a Lead Arranger hereunder shall have the same rights and powers in its their capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicablethe Collateral Agent, and the term terms “Lender,or “Lenders” and other similar terms shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for for, and generally engage in any kind of business with the with, any Borrower Group Member or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Contango ORE, Inc.)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the 5 Ensure that the Credit Agreement identifies the Administrative Agent or a Lead Arranger, as applicable, for the purpose of this reference. The Credit Agreement does so. Administrative Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower any Obligor or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger hereunder shall have the same rights and powers in its capacity as a Lender or an Issuing Bank as any other Lender or Issuing Bank and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, and the term “Lender”, “Lenders” or “LendersIssuing Bank” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, own securities of, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with Holdings, the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.Affiliate

Appears in 1 contract

Samples: Credit Agreement (Digital Media Solutions, Inc.)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicablethe Collateral Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent hereunder in its individual capacity. Such Person and its branches and Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for for, and generally engage in any kind of business with with, the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Next.e.GO B.V.)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger and the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, and the Collateral Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, and the Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, and the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (MGM Resorts International)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger hereunder shall have the same rights and powers in its capacity as a Lender or an Issuing Bank as any other Lender or Issuing Bank and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, and the term “Lender”, “Lenders” or “LendersIssuing Bank” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, own securities of, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the LendersLenders or the Issuing Banks.

Appears in 1 contract

Samples: Credit Agreement (American Public Education Inc)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, hereunder in its individual capacity. Such Person and its Affiliates may accept 116 152302503 EX-10.25 117 152302503 EX-10.25 deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of banking, trust, financial, advisory, underwriting or other business with the any Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the LendersLenders or to provide notice or consent of the Lenders with respect thereto.

Appears in 1 contract

Samples: Credit Agreement (Ceco Environmental Corp)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger Issuing Lender hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicableIssuing Lender, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, Issuing Lender hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for for, and generally engage in any kind of business with with, the Borrower Company or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, Issuing Lender hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Venoco, Inc.)

Rights as a Lender. Each Person The Persons serving as an the Administrative Agent or a Lead Arranger and the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person Persons serving as an the Administrative Agent or a Lead Arranger, as applicable, and the Collateral Agent hereunder in its individual capacity. Such Person Persons and its their Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person Persons were not an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Kaman Corp)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicablethe Collateral Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for for, and generally engage in any kind of business with with, the Parent, the Borrower or any other Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent hereunder and without any duty to account therefor to the Lenders.. 109

Appears in 1 contract

Samples: Credit Agreement (Grizzly Energy, LLC)

Rights as a Lender. Each Person The Persons serving as an the Administrative Agent or a Lead Arranger and the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arrangerthe Collateral Agent, as applicablerespectively, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person Persons serving as an the Administrative Agent or a Lead Arranger, as applicable, and the Collateral Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower any Loan Party or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, hereunder the Collateral Agent and without any duty to account therefor to the Lenders.. Section 12.03

Appears in 1 contract

Samples: Credit Agreement (Open Text Corp)

Rights as a Lender. Each To the extent the Person serving as an the Administrative Agent or hereunder shall be a Lead Arranger hereunder Lender, such Person shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent or a Lead Arranger, as applicablethe Administrative Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, hereunder in its individual capacity. Such Person and its branches and Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for for, and generally engage in any kind of business with with, the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Mynaric AG)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent and the Person serving as or a Lead Arranger, as applicable, the Collateral Agent hereunder in its their respective individual capacitycapacities. Such Each such Person and its their respective Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower SEI or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Stewart Enterprises Inc)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger hereunder shall have the same rights and powers in its capacity as a Lender or an Issuing Bank as any other Lender or Issuing Bank and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, and the term “Lender”, “Lenders” or “LendersIssuing Bank” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, own securities of, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.Lenders or the Issuing Banks. SECTION 8.03

Appears in 1 contract

Samples: Credit Agreement (American Public Education Inc)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger the collateral agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, the collateral agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, and the Person serving as applicable, the collateral agent hereunder in its their respective 121 individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Company, any other Borrower or any Subsidiary or other Affiliate thereof of the Company or any other Borrower as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, the collateral agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Syndicated New and Used Vehicle Floorplan Credit Agreement (Sonic Automotive Inc)

Rights as a Lender. Each Person The Persons serving as an the Administrative Agent or a Lead Arranger and Collateral Agents hereunder shall have the same rights and powers in its capacity their respective capacities as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead ArrangerCollateral Agent, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person Persons serving as an the Administrative Agent or a Lead Arranger, as applicable, and Collateral Agents hereunder in its their individual capacitycapacities. Such Person Persons and its their respective Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Texas Industries Inc)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent and the term "Lender" or "Lenders" shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent and the Person serving as or a Lead Arranger, as applicable, the Collateral Agent hereunder in its their respective individual capacitycapacities. Such Each such Person and its their respective Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower SEI or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Stewart Enterprises Inc)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger hereunder shall have the same rights and powers in its capacity as a Lender or an Issuing Bank as any other Lender or Issuing Bank and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, and the term “Lender”, “Lenders” or “LendersIssuing Bank” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, own securities of, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with Holdings, the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.Lenders or the Issuing Banks. Section 8.03

Appears in 1 contract

Samples: Credit Agreement (Digital Media Solutions, Inc.)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger hereunder shall will have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent or a Lead Arranger, as applicablethe Administrative Agent, and the term “Lender” or “Lenders” shallwill, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, hereunder in its individual capacitycapacity as a Lender. Such The Lenders acknowledge and agree that such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for for, and generally engage in any kind of business with with, the Borrower Borrower, the other Obligors or any Subsidiary other Subsidiaries or other Affiliate thereof Affiliates of the Obligors as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Vapotherm Inc)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger and the Fronting Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicableand the Fronting Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, and the Fronting Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for for, and generally engage in any kind of business with with, the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, and the Fronting Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Assignment Agreement (Whirlpool Corp /De/)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger the Sustainability Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, nor the Sustainability Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, the Sustainability Agent hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower Borrowers or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, nor the Sustainability Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Celanese Corp)

Rights as a Lender. Each Person serving as an Agent or a Lead Arranger hereunder shall have the same rights and powers in its capacity as a Lender or an Issuing Bank as any other Lender or Issuing Bank and may exercise the same as though it were not an Agent or a Lead Arranger, as applicable, and the term terms “Lender” or ”, “Lenders”, “Issuing Bank” and “Issuing Banks” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the each Person serving as an Agent or a Lead Arranger, as applicable, hereunder in its individual capacity. Such Each such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the LendersLenders or the Issuing Banks.

Appears in 1 contract

Samples: Credit Agreement (Weight Watchers International Inc)

Rights as a Lender. Each Any Person serving as an the Administrative Agent or a Lead Arranger the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicablethe Collateral Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the any Person serving as an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent hereunder in its individual capacitycapacity as a Lender. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for for, and generally engage in any kind of business with with, the Borrower Primary Guarantor or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (B. Riley Financial, Inc.)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, hereunder and the Person serving as applicable, the Collateral Agent hereunder in its individual capacity. Such Person Persons and its 108 their Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (SWIFT TRANSPORTATION Co)

Rights as a Lender. Each Person The Persons serving as an the Administrative Agent or a Lead Arranger and the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person Persons serving as an the Administrative Agent or a Lead Arranger, as applicable, and the Collateral Agent hereunder in its individual capacity. Such Person Persons and its their Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower Borrowers or any Subsidiary or other Affiliate thereof as if such Person Persons were not an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Revolving Credit Agreement (Kaman Corp)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger hereunder shall have the same rights and powers in its capacity as a Lender (to the extent it is also a Lender) as any other Lender and may exercise the same as though it were not an Agent or a Lead Arranger, as applicablethe Administrative Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, hereunder in its individual capacitycapacity as Lender, if applicable. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for for, and generally engage in any kind of business with with, the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Loan and Servicing Agreement (PIMCO Capital Solutions BDC Corp.)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger and/or the Security Trustee hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arrangerand/or the Security Trustee, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, and/or the Security Trustee hereunder in its individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower Loan Parties or any Subsidiary 111 or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, and/or the Security Trustee hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Liberty Latin America Ltd.)

Rights as a Lender. Each Person serving as an Agent hereunder or a Lead Arranger hereunder under any other Loan Document shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an Agent or a Lead Arranger, as applicable, and the term “Lender,” “Lenders,” “Majority Lender,” or “Majority Lenders,” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the each Person serving as an Agent or a Lead Arranger, as applicable, hereunder in its individual capacity. Such Each such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an Agent or a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Subordinated Credit Agreement (Midway Gold Corp)

Rights as a Lender. Each The Person serving as an the Administrative Agent or a Lead Arranger the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Person serving as an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent hereunder in its individual capacitycapacity as a Lender. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not an the Administrative Agent or a Lead Arranger, as applicable, the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Vantage Drilling International)

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