Common use of The Administrative Agent in its Individual Capacity Clause in Contracts

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 10 contracts

Samples: Credit Agreement (Compx International Inc), Credit Agreement (Compx International Inc), Credit Agreement (O Charleys Inc)

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The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the an Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 10 contracts

Samples: Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Rare Hospitality International Inc), Credit Agreement (Mindspring Enterprises Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrowers as though the Administrative Agent were not the an Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 7 contracts

Samples: Credit Agreement (Dollar Express Inc), Credit Agreement (Access Financial Solutions Inc), Credit Agreement (Cornerstone Realty Income Trust Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 6 contracts

Samples: Credit Agreement (Lmi Aerospace Inc), Credit Agreement (Blackbaud Inc), Credit Agreement (Tuesday Morning Corp/De)

The Administrative Agent in its Individual Capacity. The --------------------------------------------------- Administrative Agent and its respective Subsidiaries and Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunderhereunder and under the other Loan Documents. With respect to any the Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 5 contracts

Samples: Credit Agreement (Radio One Inc), Credit Agreement (Radio One Inc), Credit Agreement (Radio One Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the an Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 5 contracts

Samples: Credit Agreement (Jones Apparel Group Inc), Credit Agreement (Jones Apparel Group Inc), Year Credit Agreement (Jones Apparel Group Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or the Servicer or any of their Affiliates as though the Administrative Agent were not the Administrative Agent hereunderhereunder and under the other Transaction Documents. With respect to any Loans Advances made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Loan Agreement and the other Loan Transaction Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 4 contracts

Samples: Loan and Security Agreement (GWG Holdings, Inc.), Loan and Security Agreement (GWG Holdings, Inc.), Security Agreement (GWG Holdings, Inc.)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity. The relationship between the Administrative Agent and the Lenders, and the relationship among the Lenders, is not intended by the parties to create, and shall not create, any trust, joint venture or partnership relation between them.

Appears in 4 contracts

Samples: Senior Unsecured Credit Agreement (Choice Hotels International Inc /De), Senior Unsecured Credit Agreement (Choice Hotels International Inc /De), Senior Unsecured Credit Agreement (Choice Hotels International Inc /De)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the an Administrative Agent hereunder. With respect to any Revolving Credit Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 4 contracts

Samples: Three Year Credit Agreement (Jones Apparel Group Inc), 364 Day Credit Agreement (Jones Apparel Group Inc), 364 Day Credit Agreement (Jones Apparel Group Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the an Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 4 contracts

Samples: Credit Agreement (Jones Apparel Group Inc), Credit Agreement (Jones Apparel Group Inc), Credit Agreement (Jones Apparel Group Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrowers as though the Administrative Agent were not the an Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 3 contracts

Samples: Credit Agreement (Urban Outfitters Inc), Credit Agreement (Urban Outfitters Inc), Credit Agreement (Urban Outfitters Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Credit Parties as though the Administrative Agent were not the an Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 3 contracts

Samples: Credit Agreement (Brinks Co), Joinder Agreement (Brinks Co), Joinder Agreement (Brinks Co)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrowers as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 3 contracts

Samples: Credit Agreement (Belk Inc), Credit Agreement (Belk Inc), Credit Agreement (Belk Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrowers as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 3 contracts

Samples: Credit Agreement (SCP Pool Corp), Credit Agreement (SCP Pool Corp), Credit Agreement (SCP Pool Corp)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 3 contracts

Samples: Credit Agreement (Global Imaging Systems Inc), Credit Agreement (Rare Hospitality International Inc), Credit Agreement (Compx International Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Transferor, the Collection Agent or any of their Affiliates as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any Loans made or renewed Transferred Interest held by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by itthe Administrative Agent, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Transaction Documents as any Lender Purchaser and may exercise the same as though it were not the Administrative Agent, and the terms "LenderCommitted Purchaser," and "LendersPurchaser" shall include the Administrative Agent in its individual capacity.

Appears in 3 contracts

Samples: Receivables Transfer Agreement (Tyson Foods Inc), Receivables Transfer Agreement (Trimas Corp), Receivables Transfer Agreement (Mascotech Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any Guarantor as though the Administrative Agent were not the Administrative Agent hereunderAgent. With respect to any its Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Credit Documents as any Lender and may exercise the same as though it were not the Administrative AgentAdministrative, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Senior Secured Credit Agreement (Interstate Hotels & Resorts Inc), Senior Secured Credit Agreement (Interstate Hotels & Resorts Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the an Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Cable Michigan Inc), Credit Agreement (Cable Michigan Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Company and its Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any its Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers powers, duties and liabilities under this Agreement and the other Loan Credit Documents as any Lender and may exercise the same as though it were not the Administrative Agent, Agent and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Falcon Building Products Inc), Credit Agreement (Falcon Building Products Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were was not the Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Geo Group Inc), Credit Agreement (Geo Group Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrower, the Servicer, Imperial, the Portfolio Administrator, the Guarantor or any of their respective Affiliates as though the Administrative Agent were not the Administrative Agent hereunderhereunder and under the other Transaction Documents. With respect to any Loans Advances made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Loan Agreement and the other Loan Transaction Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Loan and Security Agreement (Emergent Capital, Inc.), Loan and Security Agreement (Imperial Holdings, Inc.)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any its Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers powers, duties and liabilities under this Agreement and the other Loan Credit Documents as any Lender and may exercise the same as though it were not the Administrative Agent, Agent and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Jostens Inc), Credit Agreement (Us Unwired Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Choice Hotels International Inc /De), Credit Agreement (Choice Hotels International Inc /De)

The Administrative Agent in its Individual Capacity. The --------------------------------------------------- Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the an Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Commonwealth Telephone Enterprises Inc /New/), Credit Agreement (Cable Michigan Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were was not the Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Performance Food Group Co)

The Administrative Agent in its Individual Capacity. The --------------------------------------------------- Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Company and its Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any its Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers powers, duties and liabilities under this Agreement and the other Loan Credit Documents as any Lender and may exercise the same as though it were not the Administrative Agent, Agent and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Jostens Inc)

The Administrative Agent in its Individual Capacity. The --------------------------------------------------- Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Company and its Subsidiaries as though the Administrative Agent were not the an Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Choice One Communications Inc)

The Administrative Agent in its Individual Capacity. The --------------------------------------------------- Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the an Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Richfood Holdings Inc)

The Administrative Agent in its Individual Capacity. The --------------------------------------------------- Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any its Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers powers, duties and liabilities under this Agreement and the other Loan Credit Documents as any Lender and may exercise the same as though it were not the Administrative Agent, Agent and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Iwo Holdings Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Transferor, the Collection Agent or any of their Affiliates as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any Loans made or renewed Transferred Interest held by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by itthe Administrative Agent, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Transaction Documents as any Lender Purchaser and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" “Committed Purchaser,” and "Lenders" “Purchaser” shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Tyson Foods Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any Table of Contents kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity. The relationship between the Administrative Agent and the Lenders, and the relationship among the Lenders, is not intended by the parties to create, and shall not create, any trust, joint venture or partnership relation between them.

Appears in 1 contract

Samples: Credit Agreement (Choice Hotels International Inc /De)

The Administrative Agent in its Individual Capacity. The --------------------------------------------------- Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrowers as though the Administrative Agent were not the an Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" Lender and "Lenders" Lenders shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Wilmar Industries Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrowers as though the Administrative Agent were not the an Administrative Agent hereunder. With respect to any Loans made or renewed by it and it, any Note issued to it it, and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "'Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Vermont Pure Holdings LTD)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any its Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers powers, duties and liabilities under this Agreement and the other Loan Credit Documents as any Lender and may exercise the same as though it were not the Administrative Agent, Agent and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Jostens Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the an Administrative Agent hereunder. With respect to any Revolving Credit Loans made or renewed by it and any Revolving Credit Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Richfood Holdings Inc)

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The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrowers as though the Administrative Agent were not the Administrative Agent hereunderhereunder and without any duty to account therefor to the Lenders. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued Issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Belk Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrower, the Servicer, Imperial, the Portfolio Manager, the Guarantor, the Initial Servicer, the Initial Portfolio Manager or any of their Affiliates as though the Administrative Agent were not the Administrative Agent hereunderhereunder and under the other Transaction Documents. With respect to any Loans Advances made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Loan Agreement and the other Loan Transaction Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.. Amended and Restated Loan and Security Agreement

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Imperial Holdings, Inc.)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the an Administrative Agent hereunder. With respect to any Revolving Credit Loans made or renewed by it and any Revolving Credit Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Jones Apparel Group Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the an Administrative Agent hereunder. With respect to any Loans Extensions of Credit made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Kinder Morgan Bulk Terminals Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Holdings, the Borrower Company and its Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any its Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers powers, duties and liabilities under this Agreement and the other Loan Credit Documents as any Lender and may exercise the same as though it were not the Administrative Agent, Agent and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Carter William Co /Ga/)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrowers as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Belk Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrowers as though the Administrative Agent were not the an Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Pledge Agreement (RCN Corp /De/)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the an Administrative Agent hereunder. With respect to any Loans Extensions of Credit made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Marshall Industries)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any Loans Advances made or renewed by it and any Promissory Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Financing Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Master Loan and Security Agreement (Oxford Finance Corp)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrower, any other Loan Party, or any of their respective Subsidiaries or other Affiliates as though the Administrative Agent were was not the Administrative Agent hereunderhereunder and under the other Loan Documents. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it they were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Agreement (Hertz Corp)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the any Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Global Imaging Systems Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrower, the Servicer, Imperial, the Portfolio Manager or any of their Affiliates as though the Administrative Agent were not the Administrative Agent hereunderhereunder and under the other Transaction Documents. With respect to any Loans Advances made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Loan Agreement and the other Loan Transaction Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Loan and Security Agreement (Imperial Holdings, Inc.)

The Administrative Agent in its Individual Capacity. The --------------------------------------------------- Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrowers as though the Administrative Agent were not the an Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Urban Outfitters Inc)

The Administrative Agent in its Individual Capacity. The --------------------------------------------------- Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Commonwealth Telephone Enterprises Inc /New/)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Blackbaud Inc)

The Administrative Agent in its Individual Capacity. The --------------------------------------------------- Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the any Borrower as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit or any Aggregator Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Global Imaging Systems Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrowers as though the Administrative Agent were not the an Administrative Agent hereunder. With respect to any Revolving Credit Loans made or renewed by it and any Revolving Credit Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Ct Communications Inc /Nc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though the Administrative Agent were not the an Administrative Agent hereunder. With respect to any Revolving Credit Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.. SECTION 13.9

Appears in 1 contract

Samples: Day Credit Agreement (Jones Apparel Group Inc)

The Administrative Agent in its Individual Capacity. The --------------------------------------------------- Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the any Borrower as though the Administrative Agent were not the an Administrative Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the an Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Global Imaging Systems Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrowers as though the Administrative Agent were not the Administrative Agent hereunderhereunder or under the other Loan Documents. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Credit Agreement (PRA International)

The Administrative Agent in its Individual Capacity. The --------------------------------------------------- Administrative Agent and its respective Subsidiaries and Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Company, the Servicers, the Master Servicer or any of their affiliates as though the Administrative Agent were not the Administrative Agent hereunderAgent. With respect to any Loans made Participating Interests purchased or renewed maintained by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by itunder this Agreement, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents hereunder as any Lender Participant and may exercise the same as though it were not the Administrative Agent, and the terms term "Lender" and "LendersParticipant" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Transfer and Servicing Agreement (Waste Management Inc /De/)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower Borrowers and Guarantors as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any the Loans made or renewed by it and any Revolving Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Samples: Revolving Loan Agreement (Arbor Realty Trust Inc)

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