Common use of Rights as a Lender Clause in Contracts

Rights as a Lender. Any Person serving as the Administrative Agent or the Collateral 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 or the Collateral Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lender. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 4 contracts

Samples: Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (B. Riley Financial, Inc.)

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Rights as a Lender. Any Each Person serving as the Administrative Agent or the Collateral 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 or the Collateral Agent, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent Agent, as applicable, hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent Agent, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 4 contracts

Samples: Credit Agreement (Royal Resources Partners LP), Second Lien Credit Agreement (Royal Resources Partners LP), Credit Agreement (Royal Resources Partners LP)

Rights as a Lender. Any Each Person serving as the Administrative an Agent or the Collateral Agent a Lead Arranger 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 an Agent or the Collateral Agenta Lead Arranger, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative an Agent or the Collateral Agent a Lead Arranger, as applicable, hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative an Agent or the Collateral Agent a Lead Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 4 contracts

Samples: Credit Agreement (Albany Molecular Research Inc), Credit Agreement (Albany Molecular Research Inc), Credit Agreement (Albany Molecular Research Inc)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender (to the extent it is also a Lender) as any other Lender and may exercise the same as though it were not the Administrative Agent or the Collateral Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lender, if applicable. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower Borrower, Holdings or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 4 contracts

Samples: Loan and Servicing Agreement (Carlyle Credit Solutions, Inc.), Loan and Servicing Agreement (Stepstone Private Credit Fund LLC), Loan and Servicing Agreement (TCG BDC II, Inc.)

Rights as a Lender. Any At any time that any such Person is also a Lender hereunder, any Person serving as the Administrative Agent or the Collateral 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 or the Collateral Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any such Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Any such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Ping Identity Holding Corp.), Second Lien Credit Agreement (Allvue Systems Holdings, Inc.), Credit Agreement (Datto Holding Corp.)

Rights as a Lender. Any The Person serving as the Administrative Agent or and/or the Collateral Security 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 or and/or the Collateral Security Agent, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or and/or the Collateral Security Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower Loan Parties or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or and/or the Collateral Security Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Liberty Latin America Ltd.), Credit Agreement (Liberty Latin America Ltd.), Credit Agreement (Liberty Latin America Ltd.)

Rights as a Lender. Any The Person serving as the Administrative Agent or and/or the Collateral 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 or and/or the Collateral Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or and/or the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or and/or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Everi Holdings Inc.), Credit Agreement (Everi Holdings Inc.), Credit Agreement (Global Cash Access Holdings, Inc.)

Rights as a Lender. Any The Person serving as the Administrative Agent or and/or the Collateral Security 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 or and/or the Collateral Security Agent, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or and/or the Collateral Security Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business withwith the Loan Parties, the Borrower Covenant Parties or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or and/or the Collateral Security Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Liberty Latin America Ltd.), Credit Agreement (Liberty Latin America Ltd.), Credit Agreement (Liberty Latin America Ltd.)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Agent Agent, as applicable, 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 or the Collateral Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower Borrowers or any Subsidiary of the Parent or any other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Redwire Corp), Credit Agreement (Redwire Corp), Credit Agreement (Redwire Corp)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender or an Issuing Bank as any other Lender or Issuing Bank and may exercise the same as though it were not the Administrative Agent or the Collateral Agent, and the term “Lender”, “Lenders” or “LendersIssuing Bank” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, own securities of, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business withwith Holdings, the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the LendersLenders or the Issuing Banks.

Appears in 3 contracts

Samples: Credit Agreement (Digital Media Solutions, Inc.), Credit Agreement (Atlas Technical Consultants, Inc.), Credit Agreement (Atlas Technical Consultants, Inc.)

Rights as a Lender. Any The Person serving as the Administrative Agent or hereunder, to the Collateral Agent hereunder extent it is also a Lender 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 or the Collateral Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of banking, trust, financial, advisory, underwriting or other business with, the Borrower with any Loan Party or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the LendersLenders or to provide notice to or consent of the Lenders with respect thereto.

Appears in 3 contracts

Samples: Credit Agreement (Cambium Networks Corp), Credit Agreement (Cambium Networks Corp), Credit Agreement (Cambium Networks Corp)

Rights as a Lender. Any Person (a) The person(s) serving as the Administrative Agent or the Collateral Revolving 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 or the Collateral Agent, Revolving Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any Person the person serving as the Administrative Agent or the Collateral Revolving Agent hereunder in its capacity as a Lenderindividual capacity. Such Person person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person person were not the Administrative Agent or the Collateral Revolving Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Centric Brands Inc.), Credit Agreement (Centric Brands Inc.), First Lien Credit Agreement (Centric Brands Inc.)

Rights as a Lender. Any Each Person serving as the Administrative an Agent or the Collateral Agent an Arranger 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 an Agent or the Collateral Agentan Arranger, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative an Agent or the Collateral Agent an Arranger, as applicable, hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative an Agent or the Collateral Agent an Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 3 contracts

Samples: Term Loan Credit Agreement (MKS Instruments Inc), Term Loan Credit Agreement (MKS Instruments Inc), Security Agreement (MKS Instruments Inc)

Rights as a Lender. Any Each Person serving as the Administrative an Agent or the Collateral Agent an Arranger 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 an Agent or the Collateral Agentan Arranger, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative an Agent or the Collateral Agent an Arranger, as applicable, hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, the with any Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative an Agent or the Collateral Agent an Arranger, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 3 contracts

Samples: Abl Credit Agreement (MKS Instruments Inc), Assignment and Assumption (MKS Instruments Inc), Security Agreement (MKS Instruments Inc)

Rights as a Lender. Any The Person serving as the Administrative Agent or and/or the Collateral Agent Security Trustee 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 or and/or the Collateral AgentSecurity Trustee, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or and/or the Collateral Agent Security Trustee hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower Loan Parties or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or and/or the Collateral Agent Security Trustee hereunder and without any duty to account therefor to the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Liberty Latin America Ltd.), Credit Agreement (Liberty Latin America Ltd.), Credit Agreement (Liberty Latin America Ltd.)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Agent hereunder shall will 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 or the Collateral Agent, and the term “Lender” or “Lenders” shallwill, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its individual capacity as to the extent such Person is a Lender. Such The Lenders acknowledge and agree that such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, Borrower, the Borrower other Obligors or any Subsidiary other Subsidiaries or other Affiliate thereof Affiliates of the Obligors as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (SOPHiA GENETICS SA), Credit Agreement and Guaranty (IsoPlexis Corp), Credit Agreement (IsoPlexis Corp)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Agent collateral 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 or the Collateral Agent, collateral agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or and the Collateral Agent Person serving as the collateral agent hereunder in its capacity as a Lendertheir respective individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business withwith the Company, the any other Borrower or any Subsidiary or other Affiliate thereof of the Company or any other Borrower as if such Person were not the Administrative Agent or the Collateral Agent collateral agent hereunder and without any duty to account therefor to the Lenders.

Appears in 3 contracts

Samples: Credit Agreement (Sonic Automotive Inc), Vehicle Floorplan Credit Agreement (Sonic Automotive Inc), Syndicated New and Used Vehicle Floorplan Credit Agreement (Sonic Automotive Inc)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender or Holder as any other Lender or Holder and may exercise the same as though it were not the Administrative Agent or the Collateral Agent, and the term “Lender” or “Lenders,” or “Holder” or “Holders,” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the LendersLenders and Holders.

Appears in 3 contracts

Samples: Revolving Credit Agreement (CCF Holdings LLC), Credit Agreement (Community Choice Financial Inc.), Revolving Credit Agreement (Community Choice Financial Inc.)

Rights as a Lender. Any The Person serving as the Administrative Agent or the as Collateral 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 or the Collateral Agent, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent Agent, as applicable, hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business withwith Springleaf, the Borrower or any Subsidiary of their respective Subsidiaries or other Affiliate thereof Affiliates as if such Person were not the Administrative Agent or the Collateral Agent Agent, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 2 contracts

Samples: Security Agreement (Springleaf Finance Corp), Security Agreement (Springleaf Finance Inc)

Rights as a Lender. Any The Person serving as the Administrative Agent or and/or the Collateral 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 or and/or the Collateral Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or and/or the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower Parent or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or and/or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (Everi Holdings Inc.), Credit Agreement (Everi Holdings Inc.)

Rights as a Lender. Any Each Person serving as the Administrative Agent or the Collateral Agent Documentation Agent, as applicable, 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 or the Collateral Documentation Agent, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent Documentation Agent, as applicable, hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent Documentation Agent, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Rti International Metals Inc), Credit Agreement (Rti International Metals Inc)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Agent Agent, as applicable, 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 or the Collateral Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower Borrowers or any Subsidiary of the Parent or any other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders. Section 9.03.

Appears in 2 contracts

Samples: Credit Agreement (Redwire Corp), Credit Agreement (Redwire Corp)

Rights as a Lender. Any To the extent the Person serving as the Administrative Agent or the Collateral Agent hereunder shall be a Lender, such Person 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 or the Collateral Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its branches and Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Mynaric AG), Credit Agreement (Mynaric AG)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Agent hereunder shall will 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 or the Collateral Agent, and the term “Lender” or “Lenders” shallwill, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its individual capacity as to the extent such Person is a Lender. Such The Lenders acknowledge and agree that such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, Borrower, the Borrower other Obligors or any Subsidiary other Subsidiaries or other Affiliate thereof Affiliates of the Obligors as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders. Section 12.03.

Appears in 2 contracts

Samples: Credit Agreement and Guaranty (IsoPlexis Corp), Credit Agreement and Guaranty (IsoPlexis Corp)

Rights as a Lender. Any Person Each person serving as the Administrative Agent or the Collateral an Agent hereunder shall have the same rights and powers in its capacity as a Lender or an Issuing Bank as any other Lender or any other Issuing Bank, as the case may be, and may exercise the same as though it were not the Administrative an Agent or the Collateral Agent, and the term “Lender”, “Lenders”, “Issuing Bank” or “LendersIssuing Banks” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any Person each person serving as the Administrative Agent or the Collateral an Agent hereunder in its capacity as a Lenderindividual capacity. Such Person person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, the Borrower with Holdings or any Subsidiary or other Affiliate thereof as if such Person person were not the Administrative Agent or the Collateral an Agent hereunder and without any duty to account therefor to the LendersLenders or the Issuing Banks.

Appears in 2 contracts

Samples: Credit Agreement (TiVo Corp), Credit Agreement (Rovi Corp)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Agent hereunder shall will 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 or the Collateral Agent, and the term “Lender” or “Lenders” shallwill, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its individual capacity as to the extent such Person is a Lender. Such The Lenders acknowledge and agree that such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower Borrowers, the other Obligors or any Subsidiary other Subsidiaries or other Affiliate thereof Affiliates of the Obligors as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 2 contracts

Samples: Credit Agreement (Trinity Biotech PLC), Credit Agreement (Trinity Biotech PLC)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender (to the extent it is also a Lender) as any other Lender and may exercise the same as though it were not the Administrative Agent or the Collateral Agent, and the term "Lender" or "Lenders" shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lender, if applicable. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower Borrower, Holdings or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 2 contracts

Samples: Loan and Servicing Agreement (Carlyle Secured Lending III), Loan and Servicing Agreement (Carlyle Secured Lending III)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender (to the extent it is or becomes a Lender) as any other Lender and may exercise the same as though it were not the Administrative Agent or the Collateral Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person The Administrative Agent and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of banking, trust, financial, advisory, underwriting or other business with, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the LendersLenders or to provide notice to or consent of the Lenders with respect thereto.

Appears in 2 contracts

Samples: Credit Agreement (Basic Energy Services Inc), Term Loan Credit Agreement (Basic Energy Services Inc)

Rights as a Lender. Any Person serving as the Administrative Agent or the a Co-Collateral 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 or the a Co-Collateral Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any each Person serving as the Administrative Agent or the Co-Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person Persons and its their Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower Borrowers or any Subsidiary or other Affiliate thereof as if such Person Persons were not the Administrative Agent or the Co-Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Revolving Credit Agreement (Borders Group Inc)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral 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 or the Collateral Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or hereunder and the Person serving as the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person Persons and its 108 their Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral an Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Guarantee and Collateral Agreement (SWIFT TRANSPORTATION Co)

Rights as a Lender. Any Person The Persons serving as the Administrative Agent or the Collateral an Agent hereunder shall have the same rights and powers in its their capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent or the Collateral Agent, and the term terms “Lender,or “Lenders” and other similar terms shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the any Borrower Group Member or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit and Guarantee Agreement (Contango ORE, Inc.)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral 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 or the Collateral Agent, Agent and the term "Lender" or "Lenders" shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Reliant Energy Inc)

Rights as a Lender. Any The Person serving as the Administrative Agent or and the Collateral Fronting 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 or and the Collateral Fronting Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or and the Collateral Fronting Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or and the Collateral Fronting Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Assignment Agreement (Whirlpool Corp /De/)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral 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 or the Collateral Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent and the Person serving as or the Collateral Agent hereunder in its capacity as a Lendertheir respective individual capacities. Such Each such Person and its their respective Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, the Borrower with SEI or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Stewart Enterprises Inc)

Rights as a Lender. Any The Person serving as the Administrative Agent or and/or the Collateral Agent Security Trustee 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 or and/or the Collateral AgentSecurity Trustee, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or and/or the Collateral Agent Security Trustee hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower Loan Parties or any Subsidiary 111 or other Affiliate thereof as if such Person were not the Administrative Agent or and/or the Collateral Agent Security Trustee hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Liberty Latin America Ltd.)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Agent hereunder shall will 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 or the Collateral Agent, and the term “Lender” or “Lenders” shallwill, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its individual capacity as a Lender. Such The Lenders acknowledge and agree that such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower Borrower, the other Obligors or any Subsidiary other Subsidiaries or other Affiliate thereof Affiliates of the Obligors as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement and Guaranty (Vapotherm Inc)

Rights as a Lender. Any Person If a Lender or the Lender Representative is serving as the Administrative Agent or the Collateral Agent hereunder hereunder, such Person 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 or the Collateral Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any include, if applicable, the Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of banking, trust, financial, advisory, underwriting or other business with, the Borrower with any Loan Party or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the LendersLenders or to provide notice to or consent of the Lenders with respect thereto.

Appears in 1 contract

Samples: Credit Agreement (Harmony Biosciences Holdings, Inc.)

Rights as a Lender. Any Person The Persons serving as the Administrative Agent or the Collateral Agent Co-Lead Arrangers 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 or the Collateral Agent, Co-Lead Arrangers and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any each Person serving as the Administrative Agent or the Collateral Agent a Co-Lead Arranger hereunder in its capacity as a Lenderindividual capacity. Such Each such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent a Co-Lead Arranger hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Gateway Trade Center Inc.)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender or an Issuing Bank as any other Lender or Issuing Bank and may exercise the same as though it were not the Administrative Agent or the Collateral Agent, and the term “Lender”, “Lenders” or “LendersIssuing Bank” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, own securities of, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business withwith Holdings, the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.Affiliate

Appears in 1 contract

Samples: Credit Agreement (Digital Media Solutions, Inc.)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral 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 or the Collateral Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its branches and Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Next.e.GO B.V.)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Agent Syndication Agent, as applicable, 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 or the Collateral Syndication Agent, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent Syndication Agent, as applicable, hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent Syndication Agent, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Term Loan Agreement (Parker Drilling Co /De/)

Rights as a Lender. Any Person Each person serving as an Agent (other than the Revolving Credit Administrative Agent or the Collateral Agent 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 an Agent or the Collateral Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any Person each person serving as an Agent (other than the Revolving Credit Administrative Agent or the Collateral Agent Agent) hereunder in its capacity as a Lenderindividual capacity. Such Person person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, the with any Borrower or any Subsidiary or other Affiliate thereof as if such Person person were not the Administrative Agent or the Collateral an Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Petroleum Geo Services Asa)

Rights as a Lender. Any Person The Persons serving as the Administrative Agent or and the Collateral 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 or the Collateral Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any Person the Persons serving as the Administrative Agent or and the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person Persons and its their Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower Borrowers or any Subsidiary or other Affiliate thereof as if such Person Persons were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Revolving Credit Agreement (Kaman Corp)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender (to the extent it is also a Lender) as any other Lender and may exercise the same as though it were not the Administrative Agent or the Collateral Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lender, if applicable. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Loan and Servicing Agreement (PIMCO Capital Solutions BDC Corp.)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender or an Issuing Bank as any other Lender or Issuing Bank and may exercise the same as though it were not the Administrative Agent or the Collateral Agent, and the term “Lender”, “Lenders” or “LendersIssuing Bank” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, own securities of, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business withwith Holdings, the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.Lenders or the Issuing Banks. Section 8.03

Appears in 1 contract

Samples: Credit Agreement (Digital Media Solutions, Inc.)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender or an Issuing Bank as any other Lender or Issuing Bank and may exercise the same as though it were not the Administrative Agent or the Collateral Agent, and the term “Lender”, “Lenders” or “LendersIssuing Bank” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, own securities of, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.Lenders or the Issuing Banks. SECTION 8.03

Appears in 1 contract

Samples: Credit Agreement (American Public Education Inc)

Rights as a Lender. Any Person The Persons serving as the Administrative Agent or and the Collateral 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 or the Collateral Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any Person the Persons serving as the Administrative Agent or and the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person Persons and its their Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person Persons were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Kaman Corp)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Security 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 or the Collateral Security Agent, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person Persons (including the Security Agent) and its their Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower Company or any Subsidiary or other Affiliate thereof as if such Person Persons were not the Administrative Agent or the Collateral Agent Security Agent, as applicable, hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Lender Assignment Agreement (Carnival PLC)

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Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Revolver 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 or the Collateral Agent, Revolver Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Revolver Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower Credit Parties or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Revolver Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (PetIQ, Inc.)

Rights as a Lender. Any Person If a Lender is serving as the Administrative an Agent or the Collateral Agent hereunder Lender Representative hereunder, such Lender 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 an Agent or the Collateral AgentLender Representative, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any Person each Lender serving as the Administrative an Agent or the Collateral Agent Lender Representative hereunder in its capacity as a Lenderindividual capacity. Such Person person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, the Borrower with Holdings or any Subsidiary or other Affiliate thereof as if such Person person were not the Administrative an Agent or the Collateral Agent Lender Representative hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Loar Holdings, LLC)

Rights as a Lender. Any The Person serving as the Administrative Agent or and the Collateral 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 or and the Collateral Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or and the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or and the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (MGM Resorts International)

Rights as a Lender. Any Person The Persons serving as the Administrative Agent or the Agents and Collateral 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 Agents or Collateral Agent or the Collateral Agent, and the term "Lender" or "Lenders" shall, unless otherwise expressly indicated or unless the context otherwise requires, include any Person the Persons serving as the Administrative Agent or the Agents and Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person Persons and its their respective Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower Credit Parties or any Subsidiary or other Affiliate thereof as if such Person Persons were not the Administrative Agent Agents or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: First Lien Credit and Guaranty Agreement (Gentek Inc)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Sustainability 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 or nor the Collateral Agent, Sustainability Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Sustainability Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower Borrowers or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or nor the Collateral Sustainability Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Celanese Corp)

Rights as a Lender. Any Each Person serving as the Administrative Agent or the Collateral an Agent hereunder shall have the same rights and powers in its capacity as a Lender or an Issuing Bank as any other Lender or Issuing Bank and may exercise the same as though it were not the Administrative an Agent or the Collateral Agent, and the term terms “Lender” or ”, “Lenders”, “Issuing Bank” and “Issuing Banks” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any each Person serving as the Administrative Agent or the Collateral an Agent hereunder in its capacity as a Lenderindividual capacity. Such Each such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral an Agent hereunder and without any duty to account therefor to the LendersLenders or the Issuing Banks.

Appears in 1 contract

Samples: Credit Agreement (Weight Watchers International Inc)

Rights as a Lender. Any Person serving as the Administrative Agent or the Collateral 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 or the Collateral Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lender. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower Primary Guarantor or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (B. Riley Financial, Inc.)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Agent collateral 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 or the Collateral Agent, collateral agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or and the Collateral Agent Person serving as the collateral agent hereunder in its capacity as a Lendertheir respective 121 individual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business withwith the Company, the any other Borrower or any Subsidiary or other Affiliate thereof of the Company or any other Borrower as if such Person were not the Administrative Agent or the Collateral Agent collateral agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Syndicated New and Used Vehicle Floorplan Credit Agreement (Sonic Automotive Inc)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Agent hereunder shall have the same rights and powers in its capacity as a Lender or an Issuing Bank as any other Lender or Issuing Bank and may exercise the same as though it were not the Administrative Agent or the Collateral Agent, and the term “Lender”, “Lenders” or “LendersIssuing Bank” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, own securities of, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the LendersLenders or the Issuing Banks.

Appears in 1 contract

Samples: Credit Agreement (American Public Education Inc)

Rights as a Lender. Any Each Person serving as the Administrative Paying Agent or the Collateral as Co-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 Paying Agent or the Collateral a Co-Administrative Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Paying Agent or the Collateral as a Co-Administrative Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Paying Agent or the Collateral a Co-Administrative Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Key Energy Services Inc)

Rights as a Lender. Any Each Person serving as the Administrative Agent or the Collateral Agent hereunder or under any other Loan Document 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 an Agent or the Collateral Agent, and the term “Lender,” “Lenders,” “Majority Lender,” or “Majority Lenders,” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any each Person serving as the Administrative Agent or the Collateral an Agent hereunder in its capacity as a Lenderindividual capacity. Such Each such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral an Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Subordinated Credit Agreement (Midway Gold Corp)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral 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 or the Collateral Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lender. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Vantage Drilling International)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Agent and each Person named as a Lead Arranger 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 or the Collateral Agent, a Lead Arranger and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any each Person serving or named as the Administrative Agent or the Collateral Agent a Lead Arranger hereunder in its capacity as a Lendersuch Person’s individual capacity. Such Person Persons and its their Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, the Borrower with GEO or any Subsidiary of its Subsidiaries or other Affiliate thereof Affiliates as if such Person were not the Administrative Agent or the Collateral Agent a Lead Arranger hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Geo Group Inc)

Rights as a Lender. Any Person The Persons serving as the Administrative Agent or the and Collateral Agent Agents hereunder shall have the same rights and powers in its capacity their respective capacities as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent or the a Collateral Agent, as applicable, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any Person the Persons serving as the Administrative Agent or the and Collateral Agent Agents hereunder in its capacity as a Lendertheir individual capacities. Such Person Persons and its their respective Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the a Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Texas Industries Inc)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Agent Issuing Lender 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 or the Collateral AgentIssuing Lender, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent Issuing Lender hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower Company or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent Issuing Lender hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Venoco, Inc.)

Rights as a Lender. Any Each Person serving as the Administrative Agent or the Collateral another Applicable 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 or the Collateral an Applicable Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral other Applicable Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower Borrowers or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral an Applicable Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Perkinelmer Inc)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral 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 or the Collateral Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Parent, the Borrower or any other Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Grizzly Energy, LLC)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral 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 or the Collateral Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Parent, the Borrower or any other Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.. 109

Appears in 1 contract

Samples: Credit Agreement (Grizzly Energy, LLC)

Rights as a Lender. Any At any time that any such Person is also a Lender hereunder, any Person serving as the Administrative Agent or the Collateral 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 or the Collateral Agent, and the term “Lender” or “Lenders” shall, unless 202 otherwise expressly indicated or unless the context otherwise requires, include any such Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Any such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: First Lien Credit Agreement (Allvue Systems Holdings, Inc.)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Agent Facility Servicer hereunder shall have the same rights and powers in its capacity as a Lender (to the extent it is also a Lender) as any other Lender and may exercise the same as though it were not the Administrative Agent or the Collateral AgentFacility Servicer, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent Facility Servicer hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower and Holdings, or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent Facility Servicer hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Loan and Servicing Agreement (Business Development Corp of America)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral 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 or the Collateral Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept 116 152302503 EX-10.25 117 152302503 EX-10.25 deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of banking, trust, financial, advisory, underwriting or other business with, the with any Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the LendersLenders or to provide notice or consent of the Lenders with respect thereto.

Appears in 1 contract

Samples: Credit Agreement (Ceco Environmental Corp)

Rights as a Lender. Any Person The Persons serving as the Administrative Agent or and the Co- Collateral 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 or the Co-Collateral Agent, Agent and the term "Lender" or "Lenders" shall, unless otherwise expressly indicated or unless the context otherwise requires, include any Person the Persons serving as the Administrative Agent or the and Co-Collateral Agent hereunder in its capacity as a Lendertheir individual capacity. Such Person Persons and its their Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Parent Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.. 112

Appears in 1 contract

Samples: Credit Agreement (Leslie's, Inc.)

Rights as a Lender. Any Person The Persons serving as the Administrative Agent or and the Collateral 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 or the Collateral Agent, respectively, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any Person the Persons serving as the Administrative Agent or and the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, the Borrower with any Loan Party or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.. Section 12.03

Appears in 1 contract

Samples: Credit Agreement (Open Text Corp)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral Agent hereunder shall will 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 or the Collateral Agent, and the term “Lender” or “Lenders” shallwill, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its individual capacity as to the extent such Person is a Lender. Such The Lenders acknowledge and agree that such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, Borrowers, the Borrower other Obligors or any Subsidiary other Subsidiaries or other Affiliate thereof Affiliates of the Obligors as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (GeneDx Holdings Corp.)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral 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 or the Collateral Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the 5 Ensure that the Credit Agreement identifies the Administrative Agent or for the Collateral purpose of this reference. The Credit Agreement does so. Administrative Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, the Borrower with any Obligor or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral 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 or the Collateral Agent, Agent and the term "Lender" or "Lenders" shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent and the Person serving as or the Collateral Agent hereunder in its capacity as a Lendertheir respective individual capacities. Such Each such Person and its their respective Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, the Borrower with SEI or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Stewart Enterprises Inc)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral 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 or the Collateral Agent, and the term “Lender” or “Lenders” CREDIT AGREEMENT – Page 86 0000-0000-0000.5 shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, and generally engage in any kind of business with, the Borrower or any other Loan Party or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to Lenders or to provide notice to or obtain the Lendersconsent of the Lenders with respect thereto.

Appears in 1 contract

Samples: Credit Agreement (Cryo Cell International Inc)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral 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 or the Collateral Agent, Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent and the Person serving as or the Collateral Agent hereunder in its capacity as a Lendertheir respective individual capacities. Such Each such Person and its their respective Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, the Borrower with SEI or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.. 108

Appears in 1 contract

Samples: Credit Agreement (Stewart Enterprises Inc)

Rights as a Lender. Any The Person serving as the Administrative Agent or the Collateral an 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 an Agent or the Collateral Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral an Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits *Information marked with an asterisk herein has been omitted and filed separately with the Commission pursuant to a request for confidential treatment. from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral an Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Cig Wireless Corp.)

Rights as a Lender. Any The Person serving as the Administrative Agent or and the Collateral Multicurrency 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 or the Collateral Agent, Multicurrency Administrative Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Multicurrency Administrative Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Multicurrency Administrative Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Standex International Corp/De/)

Rights as a Lender. Any With respect to any Commitment and Loan made by it, the Person serving as the Administrative Agent or the Collateral 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 or the Collateral Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include any the Person serving as the Administrative Agent or the Collateral Agent hereunder in its capacity as a Lenderindividual capacity. Such Person and its Affiliates may accept deposits from, lend money to, own securities of, act as the financial advisor or in any other advisory capacity for, for and generally engage in any kind of business with, with the Borrower or any Subsidiary or other Affiliate thereof as if such Person were not the Administrative Agent or the Collateral Agent hereunder and without any duty to account therefor to the Lenders.

Appears in 1 contract

Samples: Credit Agreement (Procaps Group, S.A.)

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