The Collateral Agent in its Individual Capacity. The Person serving as the Collateral Agent shall have the same rights and powers under this Agreement and any other Note Document in its capacity as a Purchaser (if such Person is a Purchaser) as any other Purchaser and may exercise or refrain from exercising the same as though it were not the Collateral Agent; and the terms “Purchasers”, “Required Purchasers”, or any similar terms shall, unless the context clearly otherwise indicates, include the Collateral Agent in its individual capacity (if the Collateral Agent in its individual capacity is a Purchaser). The Person acting as the Collateral Agent and its Affiliates may accept deposits from, lend money to, and generally engage in any kind of business with the Issuer or any Subsidiary or Affiliate of the Issuer as if it were not the Collateral Agent hereunder.
Appears in 2 contracts
Sources: First Lien Note Purchase Agreement (BioScrip, Inc.), Second Lien Note Purchase Agreement (BioScrip, Inc.)