Common use of Administrative Agent in Individual Capacity Clause in Contracts

Administrative Agent in Individual Capacity. Bank of America and its 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 the Company and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent, in each case without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Company or an Affiliate) and acknowledge that Bank of America and its Affiliates shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America (and any of its Affiliates which is or may become a Lender) shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent.

Administrative Agent in Individual Capacity. Bank of America and its 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 the Company any Borrower and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent, in each case Agent hereunder and without notice to or consent of the LendersBanks. The Lenders Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company any Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Company any Borrower or an such Affiliate) and acknowledge that Bank of America and its Affiliates the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America (and any of its Affiliates which is or may become a Lender) shall have the same rights and powers under this Agreement as any other Lender Bank and may exercise the same such rights and powers as though it were not the Administrative Agent, and the terms “Bank” and “Banks” include Bank of America in its individual capacity.

Administrative Agent in Individual Capacity. Bank of America and its 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 the Company Borrower and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent, in each case Agent hereunder and without notice to or consent of the Lenders. The Lenders and participants acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Company Borrower or an such Affiliate) and acknowledge that Bank of America and its Affiliates Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America (and any of its Affiliates which is or may become a Lender) shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent.

Administrative Agent in Individual Capacity. Bank of America and its 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 the Company and its Subsidiaries Loan Parties and Affiliates as though Bank of America were was not the Administrative Agent, in each case Agent hereunder and without notice to or consent of the Lendersany Lender. The Lenders acknowledge Each Lender acknowledges that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Company or an such Affiliate) and acknowledge that Bank of America and its Affiliates the Administrative Agent shall be under no obligation to provide such information to them. With respect to its LoansLoans (if any), Bank of America (and any of its Affiliates which is or may become a Lender) shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were Bank of America was not the Administrative Agent, and the terms “Lender” and “Lenders” include Bank of America and its Affiliates, to the extent applicable, in their individual capacities.

Administrative Agent in Individual Capacity. Bank of America and its 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 the Company and its Subsidiaries and Affiliates as though Bank of America were not the Administrative AgentAgent hereunder, in each case and without notice to or consent of the LendersBanks. The Lenders Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company or its Affiliates Subsidiaries (including information that may be subject to confidentiality obligations in favor of the Company or an Affiliatesuch Subsidiary) and acknowledge that Bank of America and its Affiliates the Administrative Agent shall not be under no any obligation to provide such information to them. With respect to its LoansLoan, Bank of America (and any of its Affiliates which is or may become a Lender) shall have the same rights and powers under this Agreement as any other Lender Bank and may exercise the same such rights and powers as though it were not the Administrative AgentAgent and the terms “Bank” and “Banks” include Bank of America and, to the extent applicable, its Affiliates in their individual capacities.

Administrative Agent in Individual Capacity. Bank of America and its 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 the Company and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent, in each case the Issuing Bank or the Swing Line Bank hereunder and without notice to or consent of the LendersBanks. The Lenders Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Company or an Affiliatesuch Subsidiary) and acknowledge that Bank of America and its Affiliates the Administrative Agent shall be under no obligation to provide such information to them. With respect to its their Loans, Bank of America (and any of its Affiliates which is or may become a Lender) shall have the same rights and powers under this Agreement as any other Lender Bank and may exercise the same as though it Bank of America were not the Administrative AgentAgent and the Issuing Bank and the Swing Line Bank, and the terms "Bank" and "Banks" include Bank of America and its Affiliates, to the extent applicable, in their individual capacities.

Administrative Agent in Individual Capacity. Bank of America and its 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 the Company Borrower and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent, in each case Swing Line Lender, or an Issuing Lender hereunder and without notice to or consent of the Lenders. The Lenders and participants acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Company Borrower or an such Affiliate) and acknowledge that Bank of America and its Affiliates Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America (and any of its Affiliates which is or may become a Lender) shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent, Swing Line Lender, or an Issuing Lender.

Administrative Agent in Individual Capacity. Bank of America and its 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 the Company and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent, in each case Agent hereunder and without notice to or consent of the LendersBanks. The Lenders Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Company or an Affiliatesuch Affiliates) and acknowledge that Bank of America and its Affiliates the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America (and any of its Affiliates which is or may become a Lender) shall have the same rights and powers under this Agreement as any other Lender Bank and may exercise the same as though it were not the Administrative Agent.,

Administrative Agent in Individual Capacity. Bank of America and its 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 the Company and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent, in each case Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Company or an Affiliatesuch Subsidiary) and acknowledge that Bank of America and its Affiliates the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America (and any of its Affiliates which is or may become a Lender) shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent.

Administrative Agent in Individual Capacity. Bank of America and its 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 the Company and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent, in each case Agent hereunder and without notice to or consent of the LendersBanks. The Lenders Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Company or an Affiliatesuch Affiliates) and acknowledge that Bank of America and its Affiliates the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America (and any of its Affiliates which is or may become a Lender) shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent.the

Administrative Agent in Individual Capacity. Bank of America and its 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 the Company and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent, in each case an Issuing Bank or the Swing Line Bank hereunder and without notice to or consent of the LendersBanks. The Lenders Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Company or an such Affiliate) and acknowledge that Bank of America and its Affiliates the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America (and any of its Affiliates which is or may become a Lender) shall have the same rights and powers under this Agreement as any other Lender Bank and may exercise the same such rights and powers as though it were not the Administrative Agent, and the terms “Bank” and “Banks” include Bank of America in its individual capacity.

Administrative Agent in Individual Capacity. Bank of America and its 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 the Company Borrower and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent, in each case Agent or the Issuing Bank hereunder and without notice to or consent of the LendersBanks. The Lenders Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Company Borrower or an Affiliatesuch Subsidiary) and acknowledge that Bank of America and its Affiliates the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America (and any of its Affiliates which is or may become a Lender) shall have the same rights and powers under this Agreement as any other Lender Bank and may exercise the same as though it were not the Administrative AgentAgent or the Issuing Bank.

Administrative Agent in Individual Capacity. Bank of America and its 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 the Company and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent, in each case Agent or the L/C Issuer hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Company or an Affiliatesuch Subsidiary) and acknowledge that Bank of America and its Affiliates the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America (and any of its Affiliates which is or may become a Lender) Affiliate thereof shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it Bank of America were not the Administrative AgentAgent or the L/C Issuer.

Administrative Agent in Individual Capacity. Bank of America and its 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 the Company and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent, in each case Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Company or an Affiliate) such Subsidiary and acknowledge that Bank of America and its Affiliates the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America (and any of its Affiliates which is or may become a Lender) shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent.

Administrative Agent in Individual Capacity. Bank of America and its 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 the Company and its Subsidiaries Loan Parties and Affiliates as though Bank of America were not the Administrative Agent, in each case Agent hereunder and without notice to or consent of the Lendersany Lender. The Lenders acknowledge Each Lender acknowledges that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Company or an such Affiliate) and acknowledge that Bank of America and its Affiliates the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loanstheir Loans (if any), Bank of America (and any of its Affiliates which is or may become a Lender) shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it Bank of America were not the Administrative Agent, and the terms “Lender” and “Lenders” include Bank of America and its Affiliates, to the extent applicable, in their individual capacities.

Administrative Agent in Individual Capacity. Bank of America and its 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 the Company and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent, in each case Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Company or an Affiliatesuch Affiliates) and acknowledge that Bank of America and its Affiliates the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America (and any of its Affiliates which is or may become a Lender) Affiliate thereof shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it Bank of America were not the Administrative Agent.

Administrative Agent in Individual Capacity. Bank of America and its 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 the Company Borrower and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent, in each case Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Company Borrower or an such Affiliate) and acknowledge that Bank of America and its Affiliates Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America (and any of its Affiliates which is or may become a Lender) shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent.

Administrative Agent in Individual Capacity. Bank of America and its 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 Company Credit Parties and its Subsidiaries and their respective Affiliates as though Bank of America were not the Administrative Agent, in each case Agent or the Issuing Bank hereunder and without notice to or consent of the LendersBanks. The Lenders Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company any Credit Party or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Company such Credit Party or an such Affiliate) and acknowledge that Bank of America and its Affiliates the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America (and any of its Affiliates which is or may become a Lender) shall have the same rights and powers under this Agreement as any other Lender Bank and may exercise the same such rights and powers as though it were not the Administrative AgentAgent or the Issuing Bank, and the terms “Bank” and “Banks” include Bank of America in its individual capacity.

Administrative Agent in Individual Capacity. Bank of America and its 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 the Company and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent, in each case the Issuing Bank or the Swing Line Bank hereunder and without notice to or consent of the LendersBanks. The Lenders Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Company or an such Affiliate) and acknowledge that Bank of America and its Affiliates the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America (and any of its Affiliates which is or may become a Lender) shall have the same rights and powers under this Agreement as any other Lender Bank and may exercise the same such rights and powers as though it were not the Administrative Agent, and the terms “Bank” and “Banks” include Bank of America in its individual capacity.

Administrative Agent in Individual Capacity. The Bank of America and its 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 the Company Borrowers and its their Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent, in each case Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company or its Borrowers, their Affiliates and Account Debtors (including information that may be subject to confidentiality obligations in favor of the Company Borrowers or an Affiliatesuch Subsidiary) and acknowledge that the Administrative Agent and Bank of America and its Affiliates shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America (and any of its Affiliates which is or may become a Lender) shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms "Lender" and "Lenders" include Bank of America in its individual capacity.

Administrative Agent in Individual Capacity. Bank of America and its 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 the Company and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent, in each case Agent or the Issuing Bank hereunder and without notice to or consent of the LendersBanks. The Lenders Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Company or an Affiliatesuch Subsidiary) and acknowledge that Bank of America and its Affiliates the Agent-Related Persons shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America (and any of its Affiliates which is or may become a Lender) shall have the same rights and powers under this Agreement as any other Lender Bank and may exercise the same as though it were not the Administrative Agent.