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

The Administrative Agent in its Individual Capacity. With respect to the Loans made by it hereunder, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers as any other Lender and may exercise the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agent.

Appears in 10 contracts

Samples: Credit Agreement (Celanese Corp), Credit Agreement (Celanese Corp), Credit Agreement (Celanese CORP)

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The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and the other Credit Parties as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Credit Agreement as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 8 contracts

Samples: Credit Agreement (Nci Building Systems Inc), Credit Agreement (Nci Building Systems Inc), Credit Agreement (Sunair Electronics Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its 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 the Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Credit Agreement as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 7 contracts

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

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, its Subsidiaries and their Affiliates as though not acting as Administrative Agent hereunder. With respect to the Loans made by it hereunderand all Obligations owing to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 5 contracts

Samples: Credit Agreement (RBC Bearings INC), Credit Agreement (Cooper Companies Inc), Credit Agreement (Cooper Companies Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Subsidiaries as though not acting as Administrative Agent hereunder. With respect to the Loans made by it hereunderand all Obligations owing to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement as any other Lender Bank and may exercise the same as though it were not the Administrative Agent, and the terms "Bank" and "Banks" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 5 contracts

Samples: Credit Agreement (Universal American Financial Corp), Credit Agreement (Superior National Insurance Group Inc), Credit Agreement (Amerus Group Co/Ia)

The Administrative Agent in its Individual Capacity. With respect to the Loans made by it hereunder, the The Administrative Agent in its individual capacity and not as Administrative Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, and the Administrative Agent such bank and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any the Borrower or any of the Subsidiaries Subsidiary or other Affiliates Affiliate thereof as if it were not the Administrative AgentAgent hereunder and may accept fees and other consideration from the Borrower or any Subsidiary or other Affiliate thereof for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Wyndham International Inc), First Lien Credit Agreement (Wyndham International Inc), Credit Agreement (Wyndham International Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though it were not the Administrative Agent. With respect to the its Loans made or renewed by it hereunder, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under the applicable Loan Documents as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 3 contracts

Samples: Guarantee Agreement (Booz Allen Hamilton Holding Corp), Guarantee Agreement (Booz Allen Hamilton Holding Corp), Mezzanine Credit Agreement (Booz Allen Hamilton Holding Corp)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its 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 the Loans made by it hereunderand all Obligations owing to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement as any other 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 and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agenttheir individual capacity.

Appears in 3 contracts

Samples: Credit Agreement, Direction and Waiver (InfraREIT, Inc.), Security Agreement (InfraREIT, Inc.), Lease Agreement (InfraREIT, Inc.)

The Administrative Agent in its Individual Capacity. With respect to the Loans made by it hereunder, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers as any other Lender and may exercise the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with HoldingsBorrower, any Borrower the Company or any of the Subsidiaries their respective subsidiaries or other Affiliates thereof as if it were not the Administrative Agent.

Appears in 3 contracts

Samples: Bridge Loan Agreement (Lyondell Chemical Co), Bridge Loan Agreement (Lyondell Chemical Co), Bridge Loan Agreement (Lyondell Chemical Co)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Parent Borrower and its Subsidiaries as though not acting as Administrative Agent hereunder. With respect to the Loans made by it hereunderand all Obligations owing to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Endurance Specialty Holdings LTD), Credit Agreement (Endurance Specialty Holdings LTD)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its 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 the Term Loans made by it hereunderand all Obligations owing to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement as any other 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 and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agenttheir individual capacity.

Appears in 2 contracts

Samples: Collateral Agency Agreement (InfraREIT, Inc.), Term Loan Credit Agreement (InfraREIT, Inc.)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Transferor, the Collection Agent or any of their Affiliates as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any Transferred Interest held by the Loans made by it hereunderAdministrative Agent, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Transaction Documents as any other Lender Purchaser and may exercise the same as though it were not the Administrative Agent, and the term “Purchaser” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Receivables Transfer Agreement (Trimas Corp), Receivables Transfer Agreement (Trimas Corp)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and any other Credit Party as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Documents. With respect to the Loans made by it hereunderit, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Kimbell Royalty Partners, LP), Credit Agreement (Kimbell Royalty Partners, LP)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the its Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Credit Agreement as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Credit Agreement (WestRock Co), Credit Agreement (WestRock Co)

The Administrative Agent in its Individual Capacity. With respect to the Loans made by it hereunder, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers as any other Lender and may exercise the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any the Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agent.

Appears in 2 contracts

Samples: Loan Agreement (Celanese Ag), Loan Agreement (Celanese Ag)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though it were not the Administrative Agent. With respect to the its Term Loans made or renewed by it hereunderand with respect to any letter of credit issued or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Apollo Global Management LLC), Credit Agreement (Apollo Global Management LLC)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Subsidiaries as though not acting as Administrative Agent hereunder. With respect to the Loans made by it hereunderand all Obligations owing to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement as any other Lender Bank and may exercise the same as though it were not the Administrative Agent, and the terms “Bank” and “Banks” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Credit Agreement (Amerus Group Co/Ia), Credit Agreement (Amerus Group Co/Ia)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower, its Subsidiaries and their respective Affiliates as though not acting as Administrative Agent hereunder. With respect to the Loans made by it hereunderand all Obligations owing to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 2 contracts

Samples: Term Loan Agreement (Cooper Companies Inc), Term Loan Agreement (Cooper Companies Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and the other Loan Parties as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the its Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement as any other Lender Bank and may exercise the same as though it were not the Administrative Agent, and the terms "Bank" and "Banks" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Revolving Credit Agreement (Globalstar Telecommunications 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 Borrowers as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the Administrative Agent terms "Lender" and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agent."

Appears in 1 contract

Samples: Bridge Credit Agreement (Belk Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent in its individual capacity and its 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 and under the other Loan Documents. With respect to the Loans made by it hereunderit, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Media General Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Holdings and its Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the its Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers powers, duties and liabilities under the Loan Documents as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Loan and Security Agreement (Texas Market Tire, Inc.)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Transferor, the Collection Agent or any of their Affiliates as though the Administrative Agent were not the Administrative Agent hereunder. With respect to any Transferred Interest held by the Loans made by it hereunderAdministrative Agent, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Transaction Documents as any other Lender Purchaser and may exercise the same as though it were not the Administrative Agent, and the term "Purchaser" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Receivables Transfer Agreement (Metaldyne Corp)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Holdings and any of its Subsidiaries or Affiliates as though it were not the Administrative Agent. With respect to the its Loans made by it hereunderand any Notes or other promissory note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Consolidated Cigar Holdings Inc)

The Administrative Agent in its Individual Capacity. With respect to the Term Loans C made by it hereunder, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers as any other Lender and may exercise the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any the Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agent.

Appears in 1 contract

Samples: Loan Agreement (BCP Crystal Holdings Ltd. 2)

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 an Administrative Agent hereunder. With respect to the Loans made by it hereunderany Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the an Administrative Agent, and the term "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Investment Agreement (General 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 Company as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Grainger W W 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 any of the Borrowers as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agent.and

Appears in 1 contract

Samples: Credit Agreement (United States Lime & Minerals Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though the Administrative Agent were not the Administrative Agent. With respect to the its Loans made or renewed by it hereunderand with respect to any Letter of Credit issued or participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (General Growth Properties Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though the Administrative Agent were not the Administrative Agent. With respect to the its Loans made or renewed by it hereunderit, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Global Payments Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent, its Affiliates and each may make loans to, accept deposits from and generally engage in any kind of business with Parent and its Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the Loans made by it hereunderand all Obligations owing to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement as any other 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 and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agenttheir individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Pike Electric CORP)

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

Appears in 1 contract

Samples: Bridge Loan Agreement (William Lyon Homes)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and the other Credit Parties as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Credit Agreement as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: 000 Credit Agreement (Juno Lighting 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 Loan Parties as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Knology Inc)

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

Appears in 1 contract

Samples: Credit Agreement (Delphi Corp)

The Administrative Agent in its Individual Capacity. With respect to the Loans made by it hereunder, The Person serving as the Administrative Agent in its individual capacity and not as Administrative Agent hereunder shall have the same rights and powers in its capacity as a Purchaser as any other Lender Purchaser and may exercise the same as though it were not the Administrative Agent, and the term “Purchaser” or “Purchasers” shall include the Person serving as the Administrative Agent hereunder in its individual capacity. The Administrative Agent and any of its Affiliates may make loans to, accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower the Issuer or any Affiliate of the Subsidiaries or other Affiliates thereof Issuer as if it though the Administrative Agent were not the Administrative AgentAgent hereunder.

Appears in 1 contract

Samples: Note Purchase Agreement (OneMain Financial Holdings, Inc.)

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The Administrative Agent in its Individual Capacity. The Administrative Agent and its 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 the Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Credit Agreement as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (American Capital Strategies LTD)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Company and any of their Subsidiaries or Affiliates as though it were not the Administrative Agent. With respect to the its Loans made by it hereunderand any Notes or other promissory note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (M & F Worldwide 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 the any Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agent.individual capacity. Section 9.9

Appears in 1 contract

Samples: Charge Agreement

The Administrative Agent in its Individual Capacity. The Administrative Agent and its 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 and under the other Loan Documents. With respect to the Loans made by it hereunderit, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Media General Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though the Administrative Agent was not the Administrative Agent. With respect to the its Loans made or renewed by it hereunderit, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were was not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Zila 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 any Borrower as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Breed Technologies Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its 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 the its Loans made or renewed by it hereunderit, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement as any other Lender Bank and may exercise the same as though it were not the Administrative Agent, and the terms "Bank" and "Banks" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Occidental Petroleum Corp /De/)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its 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 the Loans made or renewed by it hereunderand any Revolving Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Revolving Loan Agreement (Capital Lease Funding Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrowers, their Subsidiaries and their Affiliates as though not acting as Administrative Agent hereunder. With respect to the Loans made by it hereunderand all Obligations owing to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Cooper Companies Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and the other Credit Parties as though the Administrative Agent were not the Administrative Agent hereunder. With respect to Table of Contents the Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Credit Agreement as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Nci Building Systems Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though the Administrative Agent was not an agent. With respect to the its Loans made or renewed by it hereunderit, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agentan agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Sba Communications Corp)

The Administrative Agent in its Individual Capacity. The Administrative Agent, its Affiliates and each may make loans to, accept deposits from and generally engage in any kind of business with Holdings and its Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the Loans made by it hereunderand all Obligations owing to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement as any other 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 and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agenttheir individual capacity.

Appears in 1 contract

Samples: Credit Agreement (Pike Holdings, Inc.)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though the Administrative Agent was not an agent. With respect to the its Loans made or renewed by it hereunderit, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agentan agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Sba Communications Corp)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties and their Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder. With respect to the its Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers powers, duties and liabilities under the Credit Documents as any other Lender Bank and may exercise the same as though it were not the Administrative Agent, Agent and the terms "Bank" and "Banks" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Saks Holdings Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower as though it were not an Agent. With respect to the its Loans made or renewed by it hereunder, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agent.it

Appears in 1 contract

Samples: Credit Agreement (Price T Rowe 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 any Borrower as though the Administrative Agent were not an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers as any other Lender and may exercise the same as though it were not the Administrative Agent, under this Agreement and the Administrative Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agent.Loan Documents

Appears in 1 contract

Samples: Credit Agreement (Breed Technologies Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though Administrative Agent were not the Administrative Agent hereunder. With respect to the its Loans made or renewed by it hereunderit, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Administrative AgentAgent hereunder, and the terms “Lender” and “Lenders” shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Intercreditor Agreement (Forterra, Inc.)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Transferor, the Servicer or any of their Affiliates as though such Administrative Agent were not an Administrative Agent. With respect to the Loans made by it hereunder, any interest the Administrative Agent may from time to time hold in its individual capacity and not as any Series 1995-1 Note, the Administrative Agent shall have the same rights and powers under this Supplement as any other Lender Purchaser and may exercise the same as though if it were not the an Administrative Agent, and the term "Purchaser" and "Purchasers" shall include the Administrative Agent and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (American Finance Group 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 Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Grainger W W Inc)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its 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 and under the other Loan Documents. With respect to the Loans made by it hereunderit, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agent.individual capacity. 10.9

Appears in 1 contract

Samples: Credit Agreement (Jones Intercable Inc)

The Administrative Agent in its Individual Capacity. The -------------------------------------------------------- Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party as though the Administrative Agent were not the Administrative Agent. With respect to the its Loans made or renewed by it hereunderit, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Global Payments 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 an Administrative Agent hereunder. With respect to the any Loans made or renewed by it hereunderand any Note issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Credit Agreement (Northland Cable Properties Six LTD Partnership)

The Administrative Agent in its Individual Capacity. The Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Parent Borrower and its Subsidiaries as though not acting as Administrative Agent hereunder. With respect to the Term Loans made by it hereunderand all Obligations owing to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under this Agreement as any other 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 and in its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Holdings, any Borrower or any of the Subsidiaries or other Affiliates thereof as if it were not the Administrative Agentindividual capacity.

Appears in 1 contract

Samples: Term Loan Agreement (Endurance Specialty Holdings LTD)

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