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

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, each Agent shall have the same rights and powers hereunder as 127 any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (DynCorp International Inc)

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Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, each Agent shall have the same rights and powers hereunder as 127 any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term "Lender" shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally 97 engage in any kind of banking, trust, financial advisory or other business with Holdings Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Navisite Inc)

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditTerm Loans, each Agent shall have the same rights and powers hereunder as 127 any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with Holdings NewPageHoldCo or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company NewPageCo for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (NewPage CORP)

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, each Agent shall have the same rights and powers hereunder as 127 any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term "Lender" shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Company for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (American Achievement Corp)

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, each Agent shall have the same rights and powers hereunder as 127 any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term "Lender" shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with Holdings Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrower for services in connection herewith and otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (3com Corp)

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Revolving Loans and the Letters of Credit, each Agent shall have the same rights and powers hereunder as 127 any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with Holdings the Credit Parties or any of its their Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrowers for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Pattern Energy Group Inc.)

Agents Entitled to Act as Lender. The Any agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditRevolving Loans, each Agent shall have the same rights and powers hereunder as 127 any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with Holdings the Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit Agreement (On Deck Capital, Inc.)

Agents Entitled to Act as Lender. The agency hereby created shall will in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunderunder this Agreement. With respect to its participation in the Loans and the Letters of CreditLoans, each Agent shall will have the same rights and powers hereunder under this Agreement as 127 any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunderunder this Agreement, and the term “Lender” shallwill, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with Holdings Borrower or any of its Affiliates as if it were not performing the duties specified hereinin this Agreement, and may accept fees and other consideration from Company Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Inovalon Holdings, Inc.)

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, each Agent shall have the same rights and powers hereunder as 127 any other Lender and may exercise the same as if it were not performing the duties and functions 119 delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with Holdings Parent or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrowers for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (General Growth Properties, Inc.)

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Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, each Agent shall have the same rights and powers hereunder as 127 any other Lender and may exercise the same as if though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” "LENDER" shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, to and generally engage in any kind of banking, trust, financial advisory or other business with Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Muzak Finance Corp)

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, each Agent shall have the same rights and powers hereunder as 127 any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term "Lender" shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to, own securities of, and generally engage in any kind of banking, lending, trust, financial advisory or other business with Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Stanadyne Corp)

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, each Agent Agent, in its individual capacity, shall have the same rights and powers hereunder as 127 any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent Agent, in its individual capacity, and its Affiliates may accept deposits from, lend money to, own securities of, to and generally engage in any kind of banking, trust, financial advisory or other business with Holdings either Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company either Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Equinix Inc)

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, each Agent in its individual capacity, shall have the same rights and powers hereunder as 127 any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term "Lender" shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent in its individual capacity, and its Affiliates may accept deposits from, lend money to, own securities of, to and generally engage in any kind of banking, trust, financial advisory or other business with Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Holdings or any of its Affiliates for services in connection herewith and otherwise without having to account for the same to Lenders.. 122

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Focal Communications Corp)

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, each Agent in its individual capacity, shall have the same rights and powers hereunder as 127 any other Lender and may exercise the same as if it were not performing the duties and functions delegated to it hereunder, and the term "Lender" shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent in its individual capacity, and its Affiliates may accept deposits from, lend money to, own securities of, to and generally engage in any kind of banking, trust, financial advisory or other business with Holdings Parent or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Gabriel Communications Inc /De/)

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