Common use of Administrative Agent and Affiliates Clause in Contracts

Administrative Agent and Affiliates. With respect to the Loans, the Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Borrower, any Guarantor or any other Subsidiary or any Affiliate thereof including, without limitation, entering into any kind of Hedge Agreement with respect to the Loans.

Administrative Agent and Affiliates. With respect to the Loans, the The Administrative Agent shall have the same rights and powers hereunder under this Agreement as any other Lender Bank and may exercise or refrain from exercising the same as though it were not the Administrative Agent, and the . The Administrative Agent and its Affiliates affiliates may accept deposits from, lend money to to, and generally engage in any kind of business with Borrower, any Guarantor the Company or any other Subsidiary or any Affiliate thereof including, without limitation, entering into any kind affiliate of Hedge Agreement with respect to the LoansCompany as if it were not the Administrative Agent hereunder.

Administrative Agent and Affiliates. With respect to the Commitments and the Loans, the Lender which is an affiliate of the Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates affiliates of the Administrative Agent may accept deposits from, lend money to and generally engage in any kind of business with the Borrower, any Guarantor of its Subsidiaries or any other Subsidiary Affiliates of, or Persons doing business with, the Borrower, as if they were not affiliated with the Administrative Agent and without any Affiliate thereof including, without limitation, entering into any kind of Hedge Agreement with respect obligation to the Loansaccount therefor.

Administrative Agent and Affiliates. With respect to the Loans, the The Administrative Agent in its individual capacity shall have the same rights and powers hereunder as any other Lender and may exercise or refrain from exercising the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates may accept deposits from, lend money make loans to and generally engage in any kind of business with Borrower, any Guarantor or any other Subsidiary the Borrowers or any Affiliate thereof including, without limitation, entering into any kind of Hedge Agreement with respect to as if it were not the LoansAdministrative Agent hereunder.

Administrative Agent and Affiliates. With respect to the Loans, the Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with any Borrower, any Guarantor or any other Subsidiary or any Affiliate thereof including, without limitation, entering into any kind of Hedge Agreement with respect to the Loans.

Administrative Agent and Affiliates. With respect to the Loans, the Administrative Agent shall have the same rights and powers hereunder under the Loan Documents as any other Lender and may exercise or refrain from exercising 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. The Administrative Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Borrower, any Guarantor Credit Party or any other Subsidiary or any Affiliate thereof including, without limitation, entering into any kind of Hedge Agreement with respect to the Loansas if it were not an Administrative Agent hereunder.

Administrative Agent and Affiliates. With respect to that portion of the LoansFacility made by it, the Administrative Agent shall have the same rights and powers hereunder under this Agreement as any other Lender and may exercise or refrain from exercising the same as though it were not the an Administrative Agent, Agent and the terms "Lender" and "Lenders" shall include each Administrative Agent in its capacity as a Lender. The Administrative Agent and its Affiliates may accept deposits from, lend money to to, and generally engage in any kind of business with Borrowerwith, any Guarantor or any other Subsidiary or any Affiliate thereof including, without limitation, entering into any kind of Hedge Agreement with respect to the LoansBorrowers as if it were not the Administrative Agent hereunder.

Administrative Agent and Affiliates. With respect to the Commitments and the Loans, the Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not the Administrative AgentLender, and the Administrative Agent and its Affiliates of the Administrative Agent may accept deposits from, lend money to and generally engage in any kind of business with the Borrower, any Guarantor of its Subsidiaries or other Affiliates of, or Persons doing business with, the Borrower, any of its Subsidiaries or other Subsidiary or Affiliates, as if they were not affiliated with the Administrative Agent and without any Affiliate thereof including, without limitation, entering into any kind of Hedge Agreement with respect obligation to the Loansaccount therefor.

Administrative Agent and Affiliates. With respect to the Loans, the The Administrative Agent shall have the same rights and powers hereunder under this Agreement as any other Lender and may exercise or refrain from exercising the same as though it were not the Administrative Agent, and the . The Administrative Agent and its Affiliates affiliates may accept deposits from, lend money to to, and generally engage in any kind of business with Borrower, any Guarantor the Company or any other Subsidiary or any Affiliate thereof including, without limitation, entering into any kind affiliate of Hedge Agreement with respect to the LoansCompany as if it were not the Administrative Agent hereunder.

Administrative Agent and Affiliates. With respect to the Loans, The Person serving as the Administrative Agent hereunder shall have the same rights and powers hereunder under the Loan Documents in its capacity as a Lender as any other Lender and may exercise or refrain from exercising the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates may accept deposits from, lend money to to, invest in, and generally engage in any kind of business with Borrower, any Guarantor or any other Subsidiary each Restricted Person or any Affiliate thereof including, of any Restricted Person as if it were not the Administrative Agent hereunder and without limitation, entering into any kind of Hedge Agreement with respect duty to account therefor to the LoansLenders.

Administrative Agent and Affiliates. With respect to the Loans, the The Administrative Agent shall have the same rights and powers hereunder in its individual capacity as any other Lender Lender, and may exercise or refrain from exercising the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates affiliates may accept deposits from, lend money to from and generally engage in any kind of business with Borrower, any Guarantor or any other Subsidiary or any Affiliate thereof including, without limitation, entering into any kind of Hedge Agreement with respect to the LoansBorrower as fully as if the Administrative Agent were not the Administrative Agent hereunder.

Administrative Agent and Affiliates. With respect to the Commitments and the Loans, the Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates of the Administrative Agent may accept deposits from, lend money to and generally engage in any kind of business with Borrowerthe Parent, the Borrower any Guarantor of its Subsidiaries or any other Subsidiary Affiliates of, or Persons doing business with the Borrower and the Parent, as if they were not affiliated with the Administrative Agent and without any Affiliate thereof including, without limitation, entering into any kind of Hedge Agreement with respect obligation to the Loansaccount therefor.

Administrative Agent and Affiliates. With respect to the Loans, the The Administrative Agent shall have the same rights and powers hereunder under this Agreement and the other Loan Documents as any other Lender and may exercise or refrain from exercising the same as though it were not the an Administrative Agent, and the Administrative Agent and its Affiliates affiliates may accept deposits from, lend money to to, and generally engage in any kind of business with Borrower, any Guarantor the Borrower or any other Subsidiary or any Affiliate thereof including, without limitation, entering into any kind affiliate of Hedge Agreement with respect to the Loans.Borrower as if it were not an Administrative Agent hereunder and thereunder. 61

Administrative Agent and Affiliates. With respect to the Loans, The Person serving as the Administrative Agent hereunder shall have the same rights and powers hereunder under the Loan Documents in its capacity as a Lender as any other Lender and may exercise or refrain from exercising the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates may accept deposits from, lend money to to, invest in, and generally engage in any kind of business with Borrower, any Guarantor or any other Subsidiary each Credit Party or any Affiliate thereof including, of any Credit Party as if it were not the Administrative Agent hereunder and without limitation, entering into any kind of Hedge Agreement with respect duty to account therefor to the LoansLenders.

Administrative Agent and Affiliates. With respect to the Loans, the Administrative Agent shall have the same rights and powers hereunder under the Loan Documents as any other Lender and may exercise or refrain from exercising the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates may accept deposits from, lend money to to, invest in and generally engage in any kind of business with Borrower, each Restricted Person or Affiliate of any Guarantor or any other Subsidiary or any Affiliate thereof including, without limitation, entering into any kind of Hedge Agreement with respect to the LoansRestricted Person as if it were not Administrative Agent hereunder.

Administrative Agent and Affiliates. With respect to the Loans, the Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with Borrower, the Borrower any Guarantor or any other Subsidiary or any Affiliate thereof including, without limitation, entering into any kind of Hedge Agreement with respect to the Loans.

Administrative Agent and Affiliates. With respect to the Commitment and the Loans, the Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not the Administrative AgentBank, and the Administrative Agents and Affiliates of the Administrative Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with the Borrower, any Guarantor of its Subsidiaries or any other Subsidiary Affiliates of, or Persons doing business with, the Borrower, as if they were not affiliated with the Administrative Agent and without any Affiliate thereof including, without limitation, entering into any kind of Hedge Agreement obligation to account therefor. The foregoing sentence shall apply with respect equal force to the LoansAdministrative Agent.

Administrative Agent and Affiliates. With respect to the Commitments and the Loans, the Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates of the Administrative Agent may accept deposits from, lend money to and generally engage in any kind of business with the Borrower, any Guarantor of its Subsidiaries or any other Subsidiary Affiliates of, or Persons doing business with, the Borrower, as if they were not affiliated with the Administrative Agent and without any Affiliate thereof including, without limitation, entering into any kind of Hedge Agreement with respect obligation to the Loansaccount therefor.

Administrative Agent and Affiliates. With respect to the Loans, the The Administrative Agent shall have the same rights and powers hereunder under this Agreement and the other Loan Documents as any other Lender and may exercise or refrain from exercising the same as though it were not the an Administrative Agent, and the Administrative Agent and its Affiliates affiliates may accept deposits from, lend money to to, and generally engage in any kind of business with Borrower, any Guarantor the Borrower or any other Subsidiary or any Affiliate thereof including, without limitation, entering into any kind affiliate of Hedge Agreement with respect to the Loans.Borrower as if it were not an Administrative Agent hereunder and thereunder. ................................71

Administrative Agent and Affiliates. With respect to the Loans, the Administrative Agent shall have the same rights and powers hereunder under the Loan Documents as any other Lender and may exercise or refrain from exercising the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates may accept deposits from, lend money to to, invest in AmericasActive:16835968.116835968.6 52 and generally engage in any kind of business with Borrower, any Guarantor or any other Subsidiary Borrower or any Affiliate thereof including, without limitation, entering into any kind of Hedge Agreement with respect to the LoansBorrower as if it were not Administrative Agent hereunder.

Administrative Agent and Affiliates. With respect to the Loans, the Administrative Agent in its individual capacity and not as Administrative Agent hereunder shall have the same rights and powers hereunder under this Agreement as any other Lender Bank and may exercise or refrain from exercising the same as though it were not the Administrative Agent, and the Administrative Agent hereunder and Administrative Agent in its Affiliates individual capacity and not Administrative Agent hereunder may accept deposits from, lend money to to, and generally engage in any kind of business with Borrower, any Guarantor or Credit Party and any other Subsidiary or any Affiliate thereof including, without limitation, entering into any kind of Hedge Agreement with respect to the Loanstheir Affiliates as if it were not Administrative Agent hereunder.

Administrative Agent and Affiliates. With respect to the Loans, the The Administrative Agent shall have the same rights and powers hereunder under the Loan Documents as any other Lender Bank and may exercise or refrain from exercising the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates affiliates may accept deposits from, lend money to to, and generally engage in any kind of business with Borrower, any Guarantor the Borrower or any other Subsidiary or any Affiliate thereof including, without limitation, entering into any kind affiliate of Hedge Agreement with respect to the LoansBorrower as if it were not the Administrative Agent hereunder.

Administrative Agent and Affiliates. With respect to the Loans, the The Administrative Agent shall have the same rights and powers hereunder in its individual capacity as any other Lender Lender, and may exercise or refrain from exercising the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates may accept deposits from, lend money to from and generally engage in any kind of business with Borrower, any Guarantor or any other Subsidiary or any Affiliate thereof including, without limitation, entering into any kind of Hedge Agreement with respect to the LoansBorrower as fully as if the Administrative Agent were not the Administrative Agent hereunder.

Administrative Agent and Affiliates. With respect to the Commitments and the Loans, the Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not the Administrative AgentLender, and the Administrative Agent and its Affiliates of the Administrative Agent may accept deposits from, lend money to and generally engage in any kind of business with any Borrower, any Guarantor of its Subsidiaries or other Affiliates of, or Persons doing business with, any Borrower, any of its Subsidiaries or other Subsidiary or Affiliates, as if they were not affiliated with the Administrative Agent and without any Affiliate thereof including, without limitation, entering into any kind of Hedge Agreement with respect obligation to the Loansaccount therefor.

Administrative Agent and Affiliates. With respect to the Loans, the The Administrative Agent (in its individual capacity) shall have the same rights and powers hereunder under this Agreement as any other Lender Bank and may exercise or refrain from exercising the same as though it were not the Administrative Agent, and the Administrative Agent (in its individual capacity) and its Affiliates affiliates may accept deposits from, lend money to to, and generally engage in any kind of business with the Borrower, any Guarantor or any other Subsidiary or any Affiliate thereof including, without limitation, entering into any kind of Hedge Agreement with respect to the Loans.

Administrative Agent and Affiliates. With respect to the Loans, the Administrative Agent shall have the same rights and powers hereunder under the Loan Documents as any other Lender and may exercise or refrain from exercising the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates may accept deposits from, lend money to to, invest in and generally engage in any kind of business with Borrower, each Credit Party or Affiliate of any Guarantor or any other Subsidiary or any Affiliate thereof including, without limitation, entering into any kind of Hedge Agreement with respect to the LoansCredit Party as if it were not Administrative Agent hereunder.

Administrative Agent and Affiliates. With respect to the Loans, the The Administrative Agent shall have the same rights and powers hereunder under this Agreement as any other Lender Bank and may exercise or refrain from exercising the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates affiliates may accept deposits from, lend money to to, and generally engage in any kind of business with Borrower, any Guarantor the Borrowers or any other Subsidiary or any Affiliate thereof including, without limitation, entering into any kind affiliate of Hedge Agreement with respect to the Loansrespective Borrower as if it were not the Administrative Agent.

Administrative Agent and Affiliates. With respect to the Loans, the Administrative Agent shall have the same rights and powers hereunder under the Loan Documents as any other Lender and may exercise or refrain from exercising the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates may accept deposits from, lend money to to, invest in and generally engage in any kind of business with Borrower, any Guarantor or any other Subsidiary Borrower or any Affiliate thereof including, without limitation, entering into any kind of Hedge Agreement with respect to the LoansBorrower as if it were not Administrative Agent hereunder.

Administrative Agent and Affiliates. With respect to the Loans, the The Administrative Agent shall have the same rights and powers hereunder under this Agreement and the other Loan Documents as any other Lender and may exercise or refrain from exercising the same as though it were not the an Administrative Agent, and the Administrative Agent and its Affiliates affiliates may accept deposits fromf rom, lend money to to, and generally engage in any kind of business with Borrower, any Guarantor the Borrower or any other Subsidiary or any Affiliate thereof including, without limitation, entering into any kind affiliate of Hedge Agreement with respect to the LoansBorrower as if it were not an Administrative Agent hereunder and thereunder.

Administrative Agent and Affiliates. With respect to the Loansits own Notes, the Administrative Agent shall have the same rights and powers hereunder under the Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and . Each of the Administrative Agent and its Affiliates may accept deposits from, lend money to to, act as trustee under indentures of, and generally engage in any kind of business with Borrowerthe Company, any Guarantor of its Affiliates and any Person who may do business with or own securities of any other Subsidiary or of them, all as if it was not the Administrative Agent and without any Affiliate thereof including, without limitation, entering into any kind of Hedge Agreement with respect duty to account therefor to the LoansLenders.

Administrative Agent and Affiliates. With respect to the Loans, the The Administrative Agent shall have the same rights and powers hereunder under the Loan Documents as any other Lender and may exercise or refrain from exercising the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates affiliates may accept deposits from, lend money to to, and generally engage in any kind of business with Borrower, any Guarantor the Company or any other Subsidiary or any Affiliate thereof including, without limitation, entering into any kind affiliate of Hedge Agreement with respect to the LoansCompany as if it were not the Administrative Agent hereunder.

Administrative Agent and Affiliates. With respect to the ----------------------------------- Commitment and the Loans, the Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not the Administrative Agent, Bank and the Administrative Agent and its Affiliates of the Administrative Agent may accept deposits from, lend money to and generally engage in any kind of business with either Borrower, any Guarantor of its Subsidiaries or other Affiliates of, or Persons doing business with, either Borrower, any of its Subsidiaries or other Subsidiary or Affiliates, as if they were not affiliated with the Administrative Agent and without any Affiliate thereof including, without limitation, entering into any kind of Hedge Agreement with respect obligation to the Loansaccount therefor.

Administrative Agent and Affiliates. With respect to the Loans, the The Administrative Agent in its individual capacity shall have the same rights and powers hereunder as any other Lender and may exercise or refrain from exercising the same as though it were not the Administrative Agent, and the Administrative Agent and its Affiliates affiliates may accept deposits from, lend money to from and generally engage in any kind of business with Borrower, any Guarantor the Company or any other Subsidiary or any Affiliate affiliate thereof including, without limitation, entering into any kind of Hedge Agreement with respect to as if the LoansAdministrative Agent were not the Administrative Agent hereunder.