Common use of Administrative Agent in Its Individual Capacity Clause in Contracts

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

Administrative Agent in Its Individual Capacity. Bank of America, N.A. America and its Affiliates and branches 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 Credit Loan Parties and their respective Affiliates or branches as though Bank of America, N.A. was America were not the Administrative Agent or an L/C Issuer hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, Bank of America, N.A. America or its Affiliates or branches may receive information regarding any Credit Loan Party or its Affiliates (including information that may be subject to confidentiality obligations in favor of such Credit Loan Party or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America, N.A. America shall have the same rights and powers under this Agreement as any other Lender and may exercise such rights and powers as though it were not an the Administrative AgentAgent or an L/C Issuer, and the terms “"Lender” " and “"Lenders” " include Bank of America, N.A. America in its individual capacity.

Administrative Agent in Its Individual Capacity. Bank of America, N.A. America and its Affiliates and branches 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 Credit Loan Parties and their respective Affiliates or branches as though Bank of America, N.A. was America were not the Administrative 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, N.A. America or its Affiliates or branches may receive information regarding any Credit Loan Party or its Affiliates (including information that may be subject to confidentiality obligations in favor of such Credit Loan Party or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America, N.A. America shall have the same rights and powers under this Agreement as any other Lender and may exercise such rights and powers as though it were not an the Administrative AgentAgent or the L/C Issuer, and the terms “"Lender” " and “"Lenders” " include Bank of America, N.A. America in its individual capacity.

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

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

Administrative Agent in Its Individual Capacity. Bank of America, N.A. America and its Affiliates and branches 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 Credit Loan Parties and their respective Affiliates or branches as though Bank of America, N.A. was America were not the Administrative Agent Agent, the Alternative Rate Lender or the Issuing Lender hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, Bank of America, N.A. America or its Affiliates or branches may receive information regarding any Credit Loan Party or its Affiliates (including information that may be subject to confidentiality obligations in favor of such Credit Loan Party or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America, N.A. America shall have the same rights and powers under this Agreement as any other Lender and may exercise such rights and powers as though it were not an the Administrative Agent, Alternative Rate Lender or the Issuing Lender, and the terms “"Lender” " and “"Lenders” " include Bank of America, N.A. America in its individual capacity.

Administrative Agent in Its Individual Capacity. Bank of America, N.A. America and its Affiliates and branches 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 Credit Loan Parties and their respective Affiliates or branches as though Bank of America, N.A. was America were not the Administrative 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, N.A. America or its Affiliates or branches may receive information regarding any Credit Loan Party or its Affiliates (including information that may be subject to confidentiality obligations in favor of such Credit Loan Party or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America, N.A. America shall have the same rights and powers under this Agreement as any other Lender and may exercise such rights and powers as though it were not an the Administrative AgentAgent or the L/C Issuer, and the terms “"Lender” " and “Lenders” include Bank of America, N.A. in its individual capacity."

Administrative Agent in Its Individual Capacity. Bank of America, N.A. America and its Affiliates and branches 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 Credit Parties Borrower and their respective its Affiliates or branches as though Bank of America, N.A. was America were not the Administrative 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, N.A. America or its Affiliates or branches may receive information regarding any Credit Party the Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of such Credit Party the Borrower or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America, N.A. America shall have the same rights and powers under this Agreement as any other Lender and may exercise such rights and powers as though it were not an the Administrative AgentAgent or the L/C Issuer, and the terms “"Lender” " and “"Lenders” " include Bank of America, N.A. America in its individual capacity.

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

Administrative Agent in Its Individual Capacity. Bank of America, N.A. America and its Affiliates and branches 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 Credit Loan Parties and their respective Affiliates or branches as though Bank of America, N.A. was America were not the Administrative 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, N.A. America or its Affiliates or branches may receive information regarding any Credit Loan Party or its Affiliates (including information that may be subject to confidentiality obligations in favor of such Credit Loan Party or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America, N.A. America shall have the same rights and powers under this Agreement as any other Lender and may exercise such rights and powers as though it were not an the Administrative AgentAgent or the L/C Issuer, and the terms “"Lender” " and “"Lenders” " include Bank of America, N.A. America in its individual capacity.. EXHIBIT 4.1

Administrative Agent in Its Individual Capacity. Bank of America, N.A. America and its Affiliates and branches 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 Credit Parties Borrower and their respective its Affiliates or branches as though Bank of America, N.A. was America were not the Administrative Agent or the Alternative Rate Lender hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, Bank of America, N.A. America or its Affiliates or branches may receive information regarding any Credit Party the Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of such Credit Party the Borrower or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America, N.A. America shall have the same rights and powers under this Agreement as any other Lender and may exercise such rights and powers as though it were not an the Administrative AgentAgent or the Alternative Rate Lender, and the terms “"Lender” " and “"Lenders” " include Bank of America, N.A. America in its individual capacity.

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

Administrative Agent in Its Individual Capacity. Guaranty Bank of America, N.A. and its Affiliates and branches 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 Credit Loan Parties and their respective Affiliates or branches as though Guaranty Bank of America, N.A. was were not the Administrative Agent or a L/C Issuer hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, Guaranty Bank of America, N.A. or its Affiliates or branches may receive information regarding any Credit Loan Party or its Affiliates (including information that may be subject to confidentiality obligations in favor of such Credit Loan Party or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Guaranty Bank of America, N.A. shall have the same rights and powers under this Agreement as any other Lender and may exercise such rights and powers as though it were not an the Administrative AgentAgent or a L/C Issuer, and the terms “"Lender” " and “"Lenders” " include Guaranty Bank of America, N.A. in its individual capacity.

Administrative Agent in Its Individual Capacity. Bank of America, N.A. KeyBank National Association and its Affiliates and branches 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 Credit Loan Parties and their respective Affiliates or branches as though Bank of America, N.A. was KeyBank National Association were not the Administrative 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, N.A. KeyBank National Association or its Affiliates or branches may receive information regarding any Credit Loan Party or its Affiliates (including information that may be subject to confidentiality obligations in favor of such Credit Loan Party or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America, N.A. KeyBank National Association shall have the same rights and powers under this Agreement as any other Lender and may exercise such rights and powers as though it were not an the Administrative AgentAgent or the L/C Issuer, and the terms “Lender” and “Lenders” include Bank of America, N.A. KeyBank National Association in its individual capacity.

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

Administrative Agent in Its Individual Capacity. Bank of America, N.A. America and its Affiliates and branches 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 Credit Loan Parties and their respective Affiliates or branches as though Bank of America, N.A. was America were not the Administrative Agent or an L/C Issuer hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, Bank of America, N.A. America or its Affiliates or branches may receive information regarding any Credit Loan Party or its Affiliates (including information that may be subject to confidentiality obligations in favor of such Credit Loan Party or such Affiliate) and acknowledge that the Administrative Agent shall not be under no any obligation to provide such information to them. With respect to its Loans, Bank of America, N.A. America shall have the same rights and powers under this Agreement as any other Lender and may exercise such rights and powers as though it were not an the Administrative Agent, or an L/C Issuer, and the terms “"Lender” " and “Lenders” include Bank of America, N.A. in its individual capacity."

Administrative Agent in Its Individual Capacity. Bank of America, N.A. America and its Affiliates and branches 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 Credit Loan Parties and their respective Affiliates or branches as though Bank of America, N.A. was America were not the Administrative Agent or the Swing Line Lender hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, Bank of America, N.A. America or its Affiliates or branches may receive information regarding any Credit Loan Party or its Affiliates (including information that may be subject to confidentiality obligations in favor of such Credit Loan Party or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America, N.A. America shall have the same rights and powers under this Agreement as any other Lender and may exercise such rights and powers as though it were not an the Administrative AgentAgent or the Swing Line Lender, and the terms “"Lender” " and “"Lenders” " include Bank of America, N.A. America in its individual capacity.

Administrative Agent in Its Individual Capacity. Bank of America, N.A. America and its Affiliates and branches 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 Credit Parties and their respective Affiliates or branches as though Bank of America, N.A. was America were not the Administrative Agent Agent, Swingline Lender 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, N.A. America or its Affiliates or branches may receive information regarding any Credit Party or its Affiliates (including information that may be subject to confidentiality obligations in favor of such Credit Party or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, Bank of America, N.A. America shall have the same rights and powers under this Agreement as any other Lender and may exercise such rights and powers as though it were not an the Administrative Agent, Swingline Lender or the L/C Issuer, and the terms “Lender” and “Lenders” include Bank of America, N.A. America in its individual capacity.