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

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Loans made by it and the Notes issued to it, its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interests and may exercise the same as though it was not performing the duties specified herein; and the terms "

Appears in 7 contracts

Sources: Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc), Credit Agreement (World Air Holdings, Inc.)

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Revolving Loans made by it and the Revolving Notes issued to it, it and its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Revolving Note or participation interests and may exercise the same as though it was not performing the duties specified herein; and the terms "Lenders," "

Appears in 4 contracts

Sources: Credit Agreement (Venture Stores Inc), Credit Agreement (Metal Management Inc), Credit Agreement (Metal Management Inc)

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Loans made by it and the Notes issued to it, its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interests and may exercise the same as though it was were not performing the duties specified herein; and the terms "

Appears in 3 contracts

Sources: Credit Agreement (Rock Tenn Co), Credit Agreement (Dollar General Corp), Credit Agreement (Rock Tenn Co)

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Loans made by it and the Notes issued to it, its participation in Letters of Credit issued hereunder, it and all of its rights and obligations as a Lender hereunder and under the other Credit Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interests and may exercise the same as though it was not performing the duties specified herein; and the terms "

Appears in 2 contracts

Sources: Credit Agreement (Sterile Recoveries Inc), Syndication Amendment and Assignment (Sterile Recoveries Inc)

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Loans made by it and the Notes issued to it, its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interests and may exercise the same as though it was not performing the duties specified herein; and the terms "

Appears in 2 contracts

Sources: Senior Secured Credit Facility (TransMontaigne Partners L.P.), Senior Secured Credit Facility (TransMontaigne Partners L.P.)

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Loans made by it and the Notes issued to it, its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interests and may exercise the same as though it was not performing the duties specified herein; and the terms "“Lenders,” “

Appears in 2 contracts

Sources: Credit Agreement (Chiquita Brands International Inc), Credit Agreement (Chiquita Brands International Inc)

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Loans made by it and the Notes issued to it, its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interests and may exercise the same as though it was were not performing the duties specified herein; and the terms "terms

Appears in 1 contract

Sources: Credit Agreement (Rock Tenn Co)

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Loans made by it and the Revolving Notes issued to it, its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interests and may exercise the same as though it was not performing the duties specified herein; and the terms "

Appears in 1 contract

Sources: Credit Agreement (Fresh Foods Inc)

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Revolving Loans made by it and the Revolving Notes issued to it, and its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Revolving Note or participation interests and may exercise the same as though it was not performing the duties specified herein; and the terms "Lenders,"

Appears in 1 contract

Sources: Credit Agreement (Riverside Group Inc/Fl)

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Loans made by it and the Notes issued to it, it and its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interests and may exercise the same as though it was not performing the duties specified herein; and the terms "Lenders," "

Appears in 1 contract

Sources: Credit Agreement (Metal Management Inc)

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Revolving Loans made by it and the Revolving Notes issued to it, its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Revolving Note or participation interests and may exercise the same as though it was not performing the duties specified herein; and the terms "

Appears in 1 contract

Sources: Credit Agreement (Penske Motorsports Inc)

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Loans made by it and the any Notes issued to it, its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Loan and any Note or participation interests and may exercise the same as though it was not performing the duties specified herein; and the terms "Lenders", "

Appears in 1 contract

Sources: Credit Agreement (National Equipment Services Inc)

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Loans made by it and the Notes issued to it, its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note Notes or participation interests and may exercise the same as though it was not performing the duties specified herein; and the terms "

Appears in 1 contract

Sources: Credit Agreement (MST Enterprises Inc)

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Revolving Loans made by it and the Post-Petition Revolving Notes issued to it, it and its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Post-Petition Revolving Note or participation interests and may exercise the same as though it was not performing the duties specified herein; and the terms "Lenders," "

Appears in 1 contract

Sources: Post Petition Credit Agreement (Metal Management Inc)

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Loans made by it and the Notes issued to it, and its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit DocumentsCredit, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interests and may exercise the same as though it was not performing the duties specified herein; and the terms "Lenders," "

Appears in 1 contract

Sources: Credit Agreement (Hines Horticulture Inc)

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Loans made by it and the Revolving Credit Notes and Term Notes issued to it, its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Revolving Credit Note or participation interests and Term Note and may exercise the same as though it was were not performing the duties specified herein; and the terms "Lenders", "

Appears in 1 contract

Sources: Credit Agreement (Childrens Comprehensive Services Inc)

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Revolving Loans made by it and the Revolving Notes issued to it, it and its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit Documents, the Agent shall have the same rights and powers hereunder as any other Revolving Lender or holder of a Revolving Note or participation interests and may exercise the same as though it was not performing the duties specified herein; and the terms "

Appears in 1 contract

Sources: Credit Agreement (Levitz Furniture Corp /Fl/)