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

Agents Entitled to Act as Lender. Nothing herein or in any other Credit Document shall in any 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 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 the Borrower or any of its Subsidiaries or Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 2 contracts

Samples: Credit and Guarantee Agreement (Telx Group, Inc.), Credit and Guarantee Agreement (Telx Group, Inc.)

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Agents Entitled to Act as Lender. Nothing herein or in any other Credit Document The agency hereby created shall in any no way impair or affect any of the rights and powers ofof , 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(if any), each Agent shall have the same rights and powers 123 hereunder as 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 any such Agent in its individual capacity. Any Agent and its Affiliates Af f iliates may accept deposits from, lend money to, own securities ofof , and generally engage in any kind of banking, trust, financial f inancial advisory or other business with the Borrower any Credit Party or any of its Subsidiaries or Affiliates their respective Af f iliates as if it were not performing the duties specified specif ied herein, and may accept fees and other consideration from f rom the Borrower for services in connection herewith and otherwise without having to account for the same to Lenders. 10.5.

Appears in 1 contract

Samples: Credit Agreement (New Mountain Guardian III BDC, L.L.C.)

Agents Entitled to Act as Lender. Nothing herein or in any other Credit Document The agency hereby created shall in any no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, each an Agent shall have the same rights and powers hereunder as 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” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any An Agent and its Affiliates may accept deposits from, lend money to, own securities of, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with the Borrower such Loan Party or any of its Subsidiaries or Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower any Loan Party for services in connection herewith with this Agreement and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit Agreement (Granite Broadcasting Corp)

Agents Entitled to Act as Lender. Nothing herein or in any other Credit Document The agency hereby created shall in any no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent or Arranger in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, each Agent and Arranger shall have the same rights and powers hereunder as 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, Arranger and its their respective 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 the Borrower or any of its Subsidiaries or Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the 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 (Movie Gallery Inc)

Agents Entitled to Act as Lender. Nothing herein or in any other Credit Document shall in any 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 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 the Borrower or any of its Subsidiaries or Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower for services in connection herewith and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (AutoTrader Group, Inc.)

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Agents Entitled to Act as Lender. Nothing herein or in any other Credit Document The agency hereby created shall in any 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 any other Lender and may exercise the same as if though it were not performing the duties and functions delegated to it hereunder, hereunder and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any 170 Each Agent and each of 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 the any Borrower or any Affiliate of its Subsidiaries or Affiliates any Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from the any Borrower for services in connection herewith with this Agreement and otherwise without having to account for the same to Lenders.

Appears in 1 contract

Samples: Credit Agreement (Owens-Illinois Group Inc)

Agents Entitled to Act as Lender. Nothing herein or in any other Credit Document The agencies hereby created shall in any 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 Loan, each Agent shall have the same rights and powers hereunder as 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 “Term Loan Lender” or the “Term Loan Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacitycapacity as a Lender. Any Each 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 any member of the Borrower Group or any of its Subsidiaries or Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the members of the Borrower Group for services in connection herewith with this Agreement and otherwise without having to account for the same to the Term Loan Lenders.

Appears in 1 contract

Samples: Credit Agreement (Switch & Data, Inc.)

Agents Entitled to Act as Lender. Nothing herein or in any other Credit Document The agency hereby created shall in any 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 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”, “Requisite Lender”, or any similar terms 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 the Borrower or any of its Subsidiaries or Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower or any of its Subsidiaries for services in connection herewith and otherwise without having to account for the same to the Lenders.

Appears in 1 contract

Samples: Counterpart Agreement (REV Group, Inc.)

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