Common use of Administrative Agent in Its Individual Capacity Clause in Contracts

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

Appears in 4 contracts

Sources: Credit Agreement (Details Capital Corp), Credit Agreement (Details Inc), Credit Agreement (Details Inc)

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

Appears in 4 contracts

Sources: Credit Agreement (Kenexa Corp), Credit Agreement (Kenexa Corp), Credit Agreement (Kenexa Corp)

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

Appears in 3 contracts

Sources: Credit Agreement (Cumulus Media Inc), First Lien Credit Agreement (Cumulus Media Inc), First Lien Credit Agreement (Cumulus Media Inc)

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

Appears in 3 contracts

Sources: Credit Agreement (Moray Pipeline Co LLC), Credit Agreement (El Paso Energy Partners Lp), Credit Agreement (Leviathan Gas Pipeline Partners L P)

Administrative Agent in Its Individual Capacity. The ----------------------------------------------- Each of the Administrative Agent in its individual capacity and its the affiliates thereof may make loans to, purchase receivables from, accept deposits from and generally engage in any kind of business with any Loan Party Seller Parties and their Affiliates as though the Administrative Agent was were not the Administrative AgentAgent hereunder. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by itReceivable Interests, if any, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender Purchaser and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" “Purchaser” and "Lenders" “Purchasers” shall include the Administrative Agent in its individual capacity.

Appears in 3 contracts

Sources: Receivables Purchase Agreement (Pool Corp), Omnibus Amendment (Pool Corp), Receivables Purchase Agreement (Pool Corp)

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

Appears in 3 contracts

Sources: Credit Agreement (Landstar System Inc), Credit Agreement (Landstar System Inc), Credit Agreement (Landstar System Inc)

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

Appears in 3 contracts

Sources: Credit Agreement (Intira Corp), Credit Agreement (Lexar Media Inc), Credit Agreement (Lexar Media Inc)

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

Appears in 3 contracts

Sources: Credit Agreement (Rockwood Specialties Group Inc), Credit Agreement (Rockwood Specialties Group Inc), Credit Agreement (Rockwood Specialties Group Inc)

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

Appears in 3 contracts

Sources: Credit Agreement (Hanover Compressor Co /), Credit Agreement (Hanover Compressor Co /), Credit Agreement (Hanover Compressor Co /)

Administrative Agent in Its Individual Capacity. The ----------------------------------------------- Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Borrower as though the Administrative Agent was were not the Administrative AgentAgent hereunder. With respect to its Loans the Committed Percentage of the Loan made or renewed by it and the Note (with respect to any Letter the portion of Credit issued or participated in by itthe Note corresponding to the Administrative Agent’s Committed Percentage of the Loan), the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 3 contracts

Sources: Term Loan Facility Agreement (Royal Gold Inc), Term Loan Facility Agreement (Royal Gold Inc), Term Loan Facility Agreement (Royal Gold Inc)

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

Appears in 2 contracts

Sources: Credit Agreement (White Mountains Insurance Group LTD), Credit Agreement (K&f Industries Inc)

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

Appears in 2 contracts

Sources: Credit Agreement (Essex International Inc /), Credit Agreement (BCP/Essex Holdings Inc)

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

Appears in 2 contracts

Sources: Loan Agreement (Cutter & Buck Inc), Loan Agreement (Cutter & Buck Inc)

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

Appears in 2 contracts

Sources: Credit Agreement (Serena Software Inc), Credit Agreement (Serena Software Inc)

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

Appears in 2 contracts

Sources: Credit Agreement (Swisher International Group Inc), Credit Agreement (Swisher International Group Inc)

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

Appears in 2 contracts

Sources: Credit Agreement (Rockwood Specialties Group Inc), Credit Agreement (Rockwood Holdings, Inc.)

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

Appears in 2 contracts

Sources: Credit Agreement (El Paso Energy Partners Lp), Senior Secured Acquisition Term Loan Credit Agreement (El Paso Energy Partners Lp)

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

Appears in 2 contracts

Sources: Credit Agreement (Kirklands Inc), Credit Agreement (Kirklands Inc)

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

Appears in 2 contracts

Sources: Revolving Credit and Guarantee Agreement (Case Corp), Revolving Credit and Guarantee Agreement (Case Credit Corp)

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

Appears in 2 contracts

Sources: Credit Agreement (Kmart Corp), Credit Agreement (Kmart Corp)

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

Appears in 2 contracts

Sources: Credit Agreement (Avago Technologies Manufacturing (Singapore) Pte. Ltd.), Credit Agreement (Avago Technologies LTD)

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

Appears in 2 contracts

Sources: Revolving Credit Agreement (Coaxial LLC), Revolving Credit Agreement (Insight Communications Co Inc)

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

Appears in 2 contracts

Sources: Credit Agreement (Gentek Inc), Credit Agreement (General Chemical Group Inc)

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

Appears in 2 contracts

Sources: Revolving Credit and Term Loan Agreement (Lear Corp /De/), Revolving Credit and Term Loan Agreement (Lear Corp Eeds & Interiors)

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

Appears in 2 contracts

Sources: Credit and Guarantee Agreement, Credit and Guarantee Agreement (Sirva Inc)

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

Appears in 2 contracts

Sources: Credit Agreement (Boston Scientific Corp), Credit Agreement (Boston Scientific Corp)

Administrative Agent in Its Individual Capacity. The ----------------------------------------------- Administrative Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Lessee, the Owner Trustee, the Agent Certificate Holder and any Loan Party of the Certificate Holders as though the Administrative Agent was were not the Administrative AgentAgent hereunder. With respect to its the Loans made or renewed by it and with respect all Obligations owing to any Letter of Credit issued or participated in by it, the Administrative Agent shall have the same rights and powers under this Loan Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Sources: Participation Agreement (Mondavi Robert Corp), Participation Agreement (Mondavi Robert Corp)

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

Appears in 2 contracts

Sources: Credit Agreement (American Water Works Company, Inc.), Credit Agreement (American Water Capital Corp.)

Administrative Agent in Its Individual Capacity. The ----------------------------------------------- Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party with, the Borrower as though the Administrative Agent was not the Administrative AgentAgent hereunder. With respect to its Loans made or renewed by it and with respect to any Letter interest in the L/C Obligations, the Loans, the other Extensions of Credit issued or participated in by itand any other amounts owed to it hereunder, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" shall include the Administrative Agent in its individual capacity.

Appears in 2 contracts

Sources: Credit Agreement (South Jersey Industries Inc), Credit Agreement (South Jersey Industries Inc)

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

Appears in 2 contracts

Sources: Senior Unsecured Credit Agreement (Intelsat LTD), Senior Unsecured Credit Agreement (Intelsat LTD)

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

Appears in 2 contracts

Sources: Multi Year Revolving Credit Agreement (Boston Scientific Corp), Revolving Credit Agreement (Boston Scientific Corp)

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

Appears in 1 contract

Sources: Credit Agreement (Superior Energy Services Inc)

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

Appears in 1 contract

Sources: Credit Agreement (Just for Feet Inc)

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

Appears in 1 contract

Sources: Credit Agreement (Dollar Financial Group Inc)

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

Appears in 1 contract

Sources: Credit Agreement (Computer Data Systems Inc)

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

Appears in 1 contract

Sources: Bridge Loan Agreement (NTL Inc /De/)

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

Appears in 1 contract

Sources: Credit Agreement (Cheniere Energy Inc)

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

Appears in 1 contract

Sources: Credit Agreement (Scotts Company)

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

Appears in 1 contract

Sources: Credit Agreement (Ddi Capital Corp/Dynamic Details Inc)

Administrative Agent in Its Individual Capacity. The ----------------------------------------------- Administrative Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Seller or any Loan Party Affiliate of the Seller as though the Administrative Agent was were not the Administrative AgentAgent hereunder. With respect to its Loans made or renewed by it and with respect the acquisition of Receivable Interests pursuant to any Letter of Credit issued or participated in by itthis Agreement, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender Purchaser and may exercise the same as though it were not the Administrative Agent, and the terms "LenderInvestor," "Purchaser," "Investors" and "LendersPurchasers" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Sources: Receivables Purchase Agreement (Donnelly Corp)

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

Appears in 1 contract

Sources: Credit Agreement (Scotts Miracle-Gro Co)

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

Appears in 1 contract

Sources: Credit Agreement (Adobe Systems Inc)

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

Appears in 1 contract

Sources: Revolving Credit and Guarantee Agreement (Impath Inc)

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

Appears in 1 contract

Sources: Revolving Credit Agreement (Apollo Asset Management, Inc.)

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

Appears in 1 contract

Sources: Credit Agreement (CSC Parent Corp)

Administrative Agent in Its Individual Capacity. The ----------------------------------------------- Administrative Agent in its individual capacity and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Seller Parties and their Affiliates as though it were not the Administrative Agent was not or an Administrator, as the Administrative Agentcase may be, hereunder. With respect to its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by itInvestments, if any, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender Purchaser and may exercise the same as though it were not the Administrative AgentAgent or an Administrator, as the case may be, and the terms "Lender" “Purchaser” and "Lenders" “Purchasers” shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Sources: Omnibus Amendment (COMMERCIAL METALS Co)

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

Appears in 1 contract

Sources: Interim Term Loan Agreement (Lear Corp /De/)

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

Appears in 1 contract

Sources: Credit Agreement (PanAmSat Holding CORP)

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

Appears in 1 contract

Sources: Credit Agreement (Werner Holding Co Inc /Pa/)

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

Appears in 1 contract

Sources: Credit and Guarantee Agreement (Nbty Inc)

Administrative Agent in Its Individual Capacity. The ----------------------------------------------- Administrative Agent and its affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Loan Party or any Pledgor as though the Administrative Agent was it were not the Administrative Agent. With respect to its Loans made or renewed by it and with respect to any Tranche A Letter of Credit issued or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any Lender Funding Party and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" “Funding Party” and "Lenders" “Funding Parties” shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Sources: Credit Agreement (Vought Aircraft Industries Inc)

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

Appears in 1 contract

Sources: Loan and Servicing Agreement (Prospect Capital Corp)

Administrative Agent in Its Individual Capacity. The ----------------------------------------------- Administrative Agent and its affiliates Affiliates may purchase assets from, make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Sellers as though the Administrative Agent was were not the Administrative AgentAgent hereunder and under the other Program Agreements. With respect to its Loans made or renewed the Transactions entered into by it and with respect to any Letter of Credit issued or participated in the Interests purchased made by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents Program Agreements as any Lender Buyer and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" “Buyer” and "Lenders" “Buyers” shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Sources: Master Repurchase Agreement (Fieldstone Investment Corp)

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

Appears in 1 contract

Sources: 364 Day Credit Agreement (American Water Works Co Inc)

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

Appears in 1 contract

Sources: Term Loan Agreement (Crown Castle International Corp)

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

Appears in 1 contract

Sources: Credit Agreement (Harman International Industries Inc /De/)

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

Appears in 1 contract

Sources: Senior Unsecured Credit Agreement (Intelsat LTD)

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

Appears in 1 contract

Sources: Revolving Credit Facility Agreement (Cali Realty Corp /New/)

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

Appears in 1 contract

Sources: Credit Agreement (Conmed Corp)

Administrative Agent in Its Individual Capacity. The ----------------------------------------------- Administrative Agent and its affiliates Affiliates may purchase assets from, make loans to, accept deposits from and generally engage in any kind of business with any Loan Party the Sellers as though the Administrative Agent was were not the Administrative AgentAgent hereunder and under the other Program Agreements. With respect to its Loans made or renewed the Transactions entered into by it and with respect to any Letter of Credit issued or participated in the interests purchased made by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Documents Program Agreements as any Lender Buyer and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" “Buyer” and "Lenders" “Buyers” shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Sources: Master Repurchase Agreement (Fieldstone Investment Corp)

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

Appears in 1 contract

Sources: Credit Agreement (Asi Solutions Inc)

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

Appears in 1 contract

Sources: Credit Agreement (Scotts Company)

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

Appears in 1 contract

Sources: Credit Agreement (Paragon Health Network Inc)

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

Appears in 1 contract

Sources: Credit Agreement (Caribiner International Inc)

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

Appears in 1 contract

Sources: Credit Agreement (Take Two Interactive Software Inc)

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

Appears in 1 contract

Sources: Senior Revolving Credit Agreement (Aeroflex Inc)

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

Appears in 1 contract

Sources: Credit Agreement (Iroquois Gas Transmission System Lp)

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

Appears in 1 contract

Sources: Credit Agreement (General Bearing Corp)

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

Appears in 1 contract

Sources: Revolving Credit Agreement (B&g Foods Inc)

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

Appears in 1 contract

Sources: Credit Agreement (Universal Corp /Va/)

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

Appears in 1 contract

Sources: Credit Agreement (Kirklands Inc)

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

Appears in 1 contract

Sources: Loan Agreement (Home Solutions of America Inc)

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

Appears in 1 contract

Sources: Credit Agreement (Hanover Compressor Co)

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

Appears in 1 contract

Sources: Abl Credit Agreement (Southeastern Grocers, Inc.)

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

Appears in 1 contract

Sources: Credit Agreement (Sybron International Corp)

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

Appears in 1 contract

Sources: Loan Agreement (Home Solutions of America Inc)

Administrative Agent in Its Individual Capacity. The ----------------------------------------------- -------------------------------------------------------------- Administrative Agent and its affiliates Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Transferor, the Servicer, Case Credit or any Loan Party of their Affiliates as though the Administrative Agent was were not the Administrative AgentAgent hereunder. With respect to its Loans made or renewed any portion of the Transferred Interest held by it and with respect to any Letter of Credit issued or participated in by itthe Administrative Agent, the Administrative Agent shall have the same rights and powers under this Agreement and the other Loan Basic Documents as any Lender Purchaser and may exercise the same as though it were not the Administrative Agent, and the terms "LenderAPA Bank," and "LendersPurchaser" shall include the Administrative Agent in its individual capacity.

Appears in 1 contract

Sources: Transfer and Administration Agreement (Case Credit Corp)

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

Appears in 1 contract

Sources: Loan Agreement (Fine Host Corp)

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

Appears in 1 contract

Sources: Revolving Credit Agreement (Federal Mogul Corp)

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

Appears in 1 contract

Sources: Credit Agreement (Hanover Compressor Co /)

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

Appears in 1 contract

Sources: Credit Agreement (Arrow Electronics Inc)

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

Appears in 1 contract

Sources: Credit Agreement (Act Manufacturing Inc)

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

Appears in 1 contract

Sources: Credit Agreement (Landstar System Inc)

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

Appears in 1 contract

Sources: Term Loan Credit Agreement (American Water Works Company, Inc.)

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

Appears in 1 contract

Sources: Credit Agreement (Specrite Brake Co)

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

Appears in 1 contract

Sources: Credit Agreement (Landstar System Inc)