Common use of Additional Activities of the Servicer Clause in Contracts

Additional Activities of the Servicer. Nothing herein shall prevent the Servicer or any of its Affiliates from engaging in other businesses, or from rendering services of any kind to the Borrower, the Lenders, the Administrative Agent or any of their respective Affiliates or any other Person to the extent permitted by Applicable Law. Without limiting the generality of the foregoing, the Servicer, its Affiliates and the directors, officers, employees and agents of the Servicer and its Affiliates may, subject to any limits specified in this Agreement. (i) serve as directors (whether supervisory or managing), officers, partners, employees, agents, nominees or signatories for the Borrower, its Affiliates or any issuer of any obligations included in the Loan Assets or their respective Affiliates, to the extent permitted by their governing instruments, as from time to time amended, or by any resolutions duly adopted by the Borrower, its Affiliates or any issuer of any obligations included in the Loan Assets or its Affiliates, pursuant to their respective governing instruments; (ii) receive fees or other compensation from third parties (including Persons in which the Borrower has made or proposes to make an investment) in connection with any business activities of the Servicer and its Affiliates and which are not related to the use of the Borrower’s capital (which fees or other compensation shall be for the benefit of the Servicer’s own account); and (iii) be a secured or unsecured creditor of, or hold an equity interest in, or own or hold notes issued by, any issuer of any obligation included in the Loan Assets; provided, that the Servicer may not take any such actions if, in the opinion of counsel to the Borrower, such action would require registration of the Borrower as an “Investment Company” under the Investment Company Act or violate any applicable provisions of federal, state or non-U.S. law or any law, rule or regulation of any governmental body or agency having jurisdiction over the Borrower.

Additional Activities of the Servicer. Nothing herein shall prevent the Servicer or any of its Affiliates from engaging in other businesses, or from rendering services of any kind to the Borrower, the Lenders, the Administrative Agent or any of their respective Affiliates or any other Person to the extent permitted by Applicable Law. Without limiting the generality of the foregoing, the Servicer, its Affiliates and the directors, officers, employees and agents of the Servicer and its Affiliates may, subject to any limits specified in this Agreement. (i) serve as directors (whether supervisory or managing), officers, partners, employees, agents, nominees or signatories for the Borrower, its Affiliates or any issuer of any obligations included in the Loan Assets or their respective Affiliates, to the extent permitted by their governing instruments, as from time to time amended, or by any resolutions duly adopted by the Borrower, its Affiliates or any issuer of any obligations included in the Loan Assets or its Affiliates, pursuant to their respective governing instruments; (ii) receive fees or other compensation from third parties (including Persons in which the Borrower has made or proposes to make an investment) in connection with any business activities of the Servicer and its Affiliates and which are not related to the use of the Borrower’s capital (which fees or other compensation shall be for the benefit of the Servicer’s own account); andand AmericasActive:18709990.5 (iii) be a secured or unsecured creditor of, or hold an equity interest in, or own or hold notes issued by, any issuer of any obligation included in the Loan Assets; provided, that the Servicer may not take any such actions if, in the opinion of counsel to the Borrower, such action would require registration of the Borrower as an “Investment Company” under the Investment Company Act or violate any applicable provisions of federal, state or non-U.S. law or any law, rule or regulation of any governmental body or agency having jurisdiction over the Borrower.