Common use of Administrative Agent and Collateral Agent in Their Individual Capacities Clause in Contracts

Administrative Agent and Collateral Agent in Their Individual Capacities. Each of Bank of America, Xxxxx Fargo and their respective Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with each of the Loan Parties and their respective Affiliates as though Bank of America were not the Administrative Agent hereunder and as though Xxxxx Fargo were not the Collateral Agent hereunder and, in any event, without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, each of Bank of America, Xxxxx Fargo or any of their respective Affiliates may receive information regarding any Loan Party or its Affiliates (including information that may be subject to confidentiality obligations in favor of such Loan Party or such Affiliate) and acknowledge that neither the Administrative Agent nor the Collateral Agent shall be under any obligation to provide such information to them. With respect to its Loans, each of Bank of America and Xxxxx Fargo shall have the same rights and powers under this Agreement as any other Lender and may exercise such rights and powers as though, in the case of Bank of America, it were not the Administrative Agent, and as though, in the case of Xxxxx Fargo, it were not the Collateral Agent, and the terms “Lender” and “Lenders” include each of Bank of America and Xxxxx Fargo in its individual capacity.