Common use of Rights as Lender Clause in Contracts

Rights as Lender. With respect to its Commitment and the Loans made by it, NationsBank (and any successor acting as Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Agent in its individual capacity. NationsBank (and any successor acting as Agent) and its affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, make investments in, provide services to, and generally engage in any kind of lending, trust, or other business with any Loan Party or any of its Subsidiaries or affiliates as if it were not acting as Agent, and NationsBank (and any successor acting as Agent) and its affiliates may accept fees and other consideration from any Loan Party or any of its Subsidiaries or affiliates for services in connection with this Agreement or otherwise without having to account for the same to the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Sheridan Healthcare Inc), Credit Agreement (Medcath Inc), Credit Facilities and Reimbursement Agreement (Proffitts Inc)

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Rights as Lender. With respect to its Commitment Commitments and the Loans made by it, NationsBank Bank One (and any successor acting as Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Agent in its individual capacity. NationsBank Bank One (and any successor acting as Agent) and its affiliates Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, make investments in, provide services to, and generally engage in any kind of lending, trust, trust or other business with any Loan Credit Party or any of its Subsidiaries or affiliates Affiliates as if it were not acting as Agent, and NationsBank Bank One (and any successor acting as Agent) and its affiliates Affiliates may accept fees and other consideration from any Loan Credit Party or any of its Subsidiaries or affiliates Affiliates for services in connection with this Agreement or otherwise without having to account for the same to the LendersSecured Parties.

Appears in 2 contracts

Samples: Credit Agreement (Kendle International Inc), Credit Agreement (Kendle International Inc)

Rights as Lender. With respect to its Revolving Credit Commitment and the Loans made by it, NationsBank (and any successor acting as Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Agent in its individual capacity. NationsBank (and any successor acting as Agent) and its affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, make investments in, provide services to, and generally engage in any kind of lending, trust, or other business with any Loan Party or any of its Subsidiaries or affiliates as if it were not acting as Agent, and NationsBank (and any successor acting as Agent) and its affiliates may accept fees and other consideration from any Loan Party or any of its Subsidiaries or affiliates for services in connection with this Agreement or otherwise without having to account for the same to the Lenders. 10.05.

Appears in 1 contract

Samples: Credit Agreement (Proffitts Inc)

Rights as Lender. With respect to its Commitment and the Loans made by it, NationsBank (and any successor acting as Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Agent in its individual capacity. NationsBank (and any successor acting as Agent) and its affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, make investments in, provide services to, and generally engage in any kind of lending, trust, or other business with any Loan Party Related Person or any of its Subsidiaries or affiliates as if it were not acting as Agent, and NationsBank (and any successor acting as Agent) and its affiliates may accept fees and other consideration from any Loan Party Related Person or any of its Subsidiaries or affiliates for services in connection with this Agreement or otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Hecla Mining Co/De/)

Rights as Lender. With respect to its Commitment Percentage Share of the Maximum Credit Amount and the Loans made by it, NationsBank Agent (and any successor acting as Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Agent in its individual capacity. NationsBank Agent (and any successor acting as Agent) and its affiliates Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, make investments Investments in, provide services to, and generally engage in any kind of lending, trust, or other business with any Loan Party Related Person or any of its Subsidiaries or affiliates Affiliates as if it were not acting as Agent, and NationsBank Agent (and any successor acting as Agent) and its affiliates Affiliates may accept fees and other consideration from any Loan Party Related Person or any of its Subsidiaries or affiliates Affiliates for services in connection with this Agreement or otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Hecla Mining Co/De/)

Rights as Lender. With respect to its Commitment Commitments and the Loans made by it, NationsBank (and any successor acting as Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Agent in its individual capacity. NationsBank (and any successor acting as Agent) and its affiliates Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, make investments in, provide services to, and generally engage in any kind of lending, trust, trust or other business with any Loan Credit Party or any of its Subsidiaries or affiliates Affiliates as if it were not acting as Agent, and NationsBank (and any successor acting as Agent) and its affiliates Affiliates may accept fees and other consideration from any Loan Credit Party or any of its Subsidiaries or affiliates Affiliates for services in connection with this Agreement or otherwise without having to account for the same to the LendersSecured Parties.

Appears in 1 contract

Samples: Credit Agreement (Kendle International Inc)

Rights as Lender. With respect to its Commitment and the Loans made by it, NationsBank (and any successor acting as Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Agent, and the term "Lender" Lender or "Lenders" Lenders shall, unless the context otherwise indicates, include the Agent in its individual capacity. NationsBank (and any successor acting as Agent) and its affiliates Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, make investments in, provide services to, and generally engage in any kind of lending, trust, or other business with any Loan Party or any of its Subsidiaries or affiliates Affiliates as if it were not acting as Agent, and NationsBank (and any successor acting as Agent) and its affiliates Affiliates may accept fees and other consideration from any Loan Party or any of its Subsidiaries or affiliates Affiliates for services in connection with this Agreement or otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Blanch E W Holdings Inc)

Rights as Lender. With respect to its Commitment and the Loans made by it, NationsBank each Agent (and any successor acting as Agent) in its capacity as a Lender hereunder under this Agreement shall have the same rights and powers hereunder under this Agreement as any other Lender and may exercise the same as though it were not acting as the Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the each Agent in its individual capacity. NationsBank Each Agent (and any successor acting as Agent) and its affiliates Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, make investments in, provide services to, and generally engage in any kind of lending, trust, or other business with any Loan Credit Party or any of its Subsidiaries or affiliates Affiliates as if it were not acting as Agent, and NationsBank each Agent (and any successor acting as Agent) and its affiliates Affiliates may accept fees and other consideration from any Loan Credit Party or any of its Subsidiaries or affiliates Affiliates for services in connection with this Agreement or otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Golf Trust of America Inc)

Rights as Lender. With respect to its Revolving Credit Commitment and the Loans made by it, NationsBank (and any successor acting as Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Agent in its individual capacity. NationsBank The Agent (and any successor acting as Agent) and its affiliates Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, make investments in, provide services to, and generally engage in any kind of lending, trust, or other business with any Loan Party the Company or any of its Subsidiaries or affiliates Affiliates as if it were not acting as Agent, and NationsBank the Agent (and any successor acting as Agent) and its affiliates Affiliates may accept fees and other consideration from any Loan Party the Company or any of its Subsidiaries or affiliates Affiliates for services in connection with this Agreement or otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Revolving Credit Agreement (Take Two Interactive Software Inc)

Rights as Lender. With respect to its Commitment Percentage Share and the Loans made by it, NationsBank (and any successor acting as Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Agent in its individual capacity. NationsBank (and any successor acting as Agent) and its affiliates Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, make investments Investments in, provide services to, and generally engage in any kind of lending, trust, or other business with any Loan Party Restricted Person or any of its Subsidiaries or affiliates Affiliates as if it were not acting as Agent, and NationsBank (and any successor acting as Agent) and its affiliates Affiliates may accept fees and other consideration from any Loan Party Restricted Person or any of its Subsidiaries or affiliates Affiliates for services in connection with this Agreement or otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (St Mary Land & Exploration Co)

Rights as Lender. With respect to its Commitment and the Loans made by it, NationsBank (and any successor acting as Agent) in its capacity as a Lender hereunder under this Agreement shall have the same rights and powers hereunder under this Agreement as any other Lender and may exercise the same as though it were not acting as the Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Agent in its individual capacity. NationsBank (and any successor acting as Agent) and its affiliates Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, make investments in, provide services to, and generally engage in any kind of lending, trust, or other business with any Loan Credit Party or any of its Subsidiaries or affiliates Affiliates as if it were not acting as Agent, and NationsBank (and any successor acting as Agent) and its affiliates Affiliates may accept fees and other consideration from any Loan Credit Party or any of its Subsidiaries or affiliates Affiliates for services in connection with this Agreement or otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Golf Trust of America Inc)

Rights as Lender. With respect to its Revolving Credit Commitment and the Loans made by it, NationsBank (and any successor acting as Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Agent in its individual capacity. NationsBank (and any successor acting as Agent) and its affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, make investments in, provide services to, and generally engage in any kind of lending, trust, or other business with any Loan Party the Borrower or any of its Subsidiaries or affiliates as if it were not acting as Agent, and NationsBank (and any successor acting as Agent) and its affiliates may accept fees and other consideration from any Loan Party the Borrower or any of its Subsidiaries or affiliates for services in connection with this Agreement or otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Healthsouth Corp)

Rights as Lender. With respect to its Commitment and the Loans made by it, NationsBank (and any successor acting as Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Agent in its individual capacity. NationsBank (and any successor acting as Agent) and its affiliates Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, make investments in, provide services to, to and generally engage in any kind of lending, trust, trust or other business with any Loan Party or any of its Subsidiaries or affiliates Affiliates as if it were not acting as Agent, and NationsBank (and any successor acting as Agent) and its affiliates Affiliates may accept fees and other consideration from any Loan Party or any of its Subsidiaries or affiliates Affiliates for services in connection with this Agreement or otherwise without having to account for the same to the other Lenders.

Appears in 1 contract

Samples: Loan and Security Agreement (Gni Group Inc /De/)

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Rights as Lender. With respect to its Commitment Commitments and the Loans made by it, NationsBank (and any successor acting as Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Agent in its individual capacity. NationsBank (and any successor acting as Agent) and its affiliates Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, make investments in, provide services to, and generally engage in any kind of lending, trust, trust or other business with any Loan Credit Party or any of its Subsidiaries or affiliates Affiliates as if it were not acting as Agent, and NationsBank (and any successor acting as Agent) and its affiliates Affiliates may accept fees and other consideration from any Loan Credit Party or any of its Subsidiaries or affiliates Affiliates for services in connection with this Amended Agreement or otherwise without having to account for the same to the LendersSecured Parties.

Appears in 1 contract

Samples: Credit Agreement (Kendle International Inc)

Rights as Lender. With respect to its Short Term Credit Commitment and the Loans made by it, NationsBank (and any successor acting as Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Agent in its individual capacity. NationsBank (and any successor acting as Agent) and its affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, make investments in, provide services to, and generally engage in any kind of lending, trust, or other business with any Loan Party the Borrower or any of its Subsidiaries or affiliates as if it were not acting as Agent, and NationsBank (and any successor acting as Agent) and its affiliates may accept fees and other consideration from any Loan Party the Borrower or any of its Subsidiaries or affiliates for services in connection with this Agreement or otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Term Credit Agreement (Healthsouth Corp)

Rights as Lender. With respect to its Revolving Credit Commitment and the Loans made by it, NationsBank (and any successor acting as Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Agent in its individual capacity. NationsBank (and any successor acting as Agent) and its affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, make investments in, provide services to, and generally engage in any kind of lending, trust, or other business with any Loan Party the Parent or any of its Subsidiaries or affiliates as if it were not acting as Agent, and NationsBank (and any successor acting as Agent) and its affiliates may accept fees and other consideration from any Loan Party the Parent or any of its Subsidiaries or affiliates for services in connection with this Agreement or otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Gerald Stevens Inc/)

Rights as Lender. With respect to its Commitment Commitments and the Loans made by it, NationsBank Citibank (and any successor acting as Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Agent in its individual capacity. NationsBank Citibank (and any successor acting as Agent) and its affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, make investments in, provide services to, and generally engage in any kind of lending, trust, or other business with any Loan Party the Borrower or any of its Subsidiaries or affiliates as if it were not acting as Agent, and NationsBank Citibank (and any successor acting as Agent) and its affiliates may accept fees and other consideration from any Loan Party the Borrower or any of its Subsidiaries or affiliates for services in connection with this Agreement or otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (V F Corp)

Rights as Lender. With respect to its Commitment Commitments and the Loans made ---------------- by it, NationsBank (and any successor acting as Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Agent in its individual capacity. NationsBank (and any successor acting as Agent) and its affiliates Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, make investments in, provide services to, and generally engage in any kind of lending, trust, trust or other business with any Loan Credit Party or any of its Subsidiaries or affiliates Affiliates as if it were not acting as Agent, and NationsBank (and any successor acting as Agent) and its affiliates Affiliates may accept fees and other consideration from any Loan Credit Party or any of its Subsidiaries or affiliates Affiliates for services in connection with this Agreement or otherwise without having to account for the same to the LendersSecured Parties.

Appears in 1 contract

Samples: Credit Agreement (PSS World Medical Inc)

Rights as Lender. With respect to its Commitment and the Loans made by it, NationsBank (and any successor acting as Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Agent in its individual capacity. NationsBank (and any successor acting as Agent) and its affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, make investments in, provide services to, and generally engage in any kind of lending, trust, or other business with any Loan Party the Borrower or any of its Subsidiaries or affiliates as if it were not acting as Agent, and NationsBank (and any successor acting as Agent) and its affiliates may accept fees and other consideration from any Loan Party the Borrower or any of its Subsidiaries or affiliates for services in connection with this Agreement or otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Credit and Reimbursement Agreement (Wackenhut Corp)

Rights as Lender. With respect to its Commitment and the ---------------- Loans made by it, NationsBank (and any successor acting as Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include the Agent in its individual capacity. NationsBank (and any successor acting as Agent) and its affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, make investments in, provide services to, and generally engage in any kind of lending, trust, or other business with any Loan Party Related Person or any of its Subsidiaries or affiliates as if it were not acting as Agent, and NationsBank (and any successor acting as Agent) and its affiliates may accept fees and other consideration from any Loan Party Related Person or any of its Subsidiaries or affiliates for services in connection with this Agreement or otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Loan Agreement (Western Gas Resources Inc)

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