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

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower, any Guarantor and any other Credit Party or any Subsidiary or Affiliate thereof as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Documents and without any duty to account therefor to the Lenders. With respect to the Loans made by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Administrative Agent in Its Individual Capacity. The Administrative Agent in its individual capacity, and its Affiliates Affiliates, may make loans and other financial accommodations to, accept deposits from, own securities of, act as the financial advisor or in any other advisory capacity for from and generally engage in any kind of business with the Borrower, any Guarantor and any other Credit Party Borrower or any Subsidiary or Affiliate thereof of the Guarantors and their respective Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Documents and without any duty to account therefor to the Lendershereunder. With respect to the Loans made or renewed by it, any Notes issued to it and its participation in the Letter of Credit Liabilities, the Administrative Agent in its individual capacity shall have the same rights benefits, rights, powers and powers privileges under this Agreement Agreement, the Notes and the other Credit Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “"Lender” ", "Lenders" and “"Requisite Lenders” " shall include the Administrative Agent in its individual capacity.

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from, own securities of, act as the financial advisor or in any other advisory capacity for for, and generally engage in any kind of business with the Borrower, any Guarantor and any other Credit Party or any Subsidiary or other Affiliate thereof as though the such Administrative Agent were not the an Administrative Agent hereunder and under the other Credit Documents and without any duty to account therefor to the LendersAgent. With respect to the its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower, any Guarantor and any other Credit Party or any Subsidiary or Affiliate thereof as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Documents and without any duty to account therefor to the Lenders. With respect to its Commitment as a Lender, and the Loans made by it and the Note issued to it, the Administrative Agent shall have the same rights and powers hereunder and under this Agreement and the any other Credit Documents Document as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms term “Lender” and or “Lenders” shall shall, unless the context otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent and its subsidiaries and affiliates may accept deposits from, lend money to, and generally engage in any kind of commercial or investment banking, trust, advisory or other business with the Borrower or any Subsidiary or affiliate of the Borrower as if it were not the Administrative Agent hereunder.

Administrative Agent in Its Individual Capacity. The Administrative Agent in its individual capacity, and its Affiliates Affiliates, may make loans and other financial accommodations to, accept deposits from, own securities of, act as the financial advisor or in any other advisory capacity for from and generally engage in any kind of business with the Borrower, any Guarantor Borrower and any other Credit Party or any Subsidiary or Affiliate thereof its Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Documents and without any duty to account therefor to the Lendershereunder. With respect to the Loans made or renewed by it, any Notes issued to it and its participation in the Letter of Credit Liabilities, the Administrative Agent in its individual capacity shall have the same rights benefits, rights, powers and powers privileges under this Agreement Agreement, the Notes and the other Credit Loan Documents as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “"Lender” ", "Lenders" and “"Requisite Lenders” " shall include the Administrative Agent in its individual capacity.

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower, any Guarantor and any other Credit Party or any Subsidiary or Affiliate thereof as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Documents and without any duty to account therefor to the Lenders. With respect to its Commitment and the Loans made by Obligations owing to it, the Administrative Agent shall have the same rights and powers under this Agreement and the each other Credit Documents Loan Document as any other Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” "Lenders," "holders of Notes" and “Lenders” like terms shall include the Administrative Agent in its individual capacitycapacity as such. The Administrative Agent and its affiliates may, without liability to account, make loans to, accept deposits from, acquire debt or equity interests in, act as trustee under indentures of, and engage in any other business with, the Borrower and any stockholder, subsidiary or affiliate of the Borrower, as though the Administrative Agent were not the Administrative Agent hereunder.

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from, own securities of, act as the financial advisor or in any other advisory capacity for from and generally engage in any kind of business with the Borrower, any Guarantor and any other Credit Loan Party or any Subsidiary or Affiliate thereof as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Documents and without any duty to account therefor to the Lenderssuch hereunder. With respect to the its Loans made or renewed by it and with respect to any Letter of Credit issued by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender Party and may exercise the same as though it were not the Administrative Agent, and the terms “Revolving Facility Issuing Bank”, “Revolving Facility Issuing Banks”, “Lender” and “Lenders” (in each case to the extent applicable) shall include the Administrative Agent in its individual capacity.

Administrative Agent in Its Individual Capacity. The Administrative Agent Agent, the Other Representatives and its Affiliates their affiliates may make loans to, accept deposits from, own securities of, act as the financial advisor or in any other advisory capacity for from and generally engage in any kind of business with the Borrower, any Guarantor and Borrower or any other Credit Loan Party or any Subsidiary or Affiliate thereof as though the Administrative Agent and the Other Representatives were not the Administrative Agent and the Other Representatives hereunder and under the other Credit Documents and without any duty to account therefor to the LendersLoan Documents. With respect to the Loans made or renewed by itthem and any Note issued to them and with respect to any Letter of Credit issued or participated in by them, the Administrative Agent and the Other Representatives shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it they were not the Administrative AgentAgent or an Other Representative, and the terms “"Lender” " and “"Lenders” " shall include the Administrative Agent in its individual capacity.

Administrative Agent in Its Individual Capacity. The Administrative Agent, each Syndication Agent, each Documentation Agent and its Affiliates their respective affiliates may make loans to, accept deposits from, own securities of, act as the financial advisor or in any other advisory capacity for from and generally engage in any kind of business with the Borrower, any Guarantor and any other Credit Loan Party or any Subsidiary or Affiliate thereof as though the such Administrative Agent, Syndication Agent or Documentation Agent were not the Administrative Agent hereunder and under the other Credit Documents and without any duty to account therefor to the Lendersan agent hereunder. With respect to the its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, the Administrative Agent, each Syndication Agent and each Documentation Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not the an Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent, each Syndication Agent and each Documentation Agent in its individual capacity.

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, own securities ofprovide Swap Contracts or Commodities Contracts, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower, any Guarantor and any other Credit Party or any Subsidiary or Affiliate thereof Borrower as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Documents and without any duty to account therefor to the LendersLoan Documents. With respect to the Loans made by itit and the Letters of Credit issued by it in its capacity as a Lender or Issuing Bank, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender Lender, its rights and powers as an Issuing Bank shall not be in any way prejudiced, and may exercise the same all such rights and powers as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, issue letters of credit in favor of, accept deposits from, own securities of, act as the financial advisor or in any other advisory capacity for from and generally engage in any kind of business with the Borrower, any Guarantor Southern and any other Credit Party or any Subsidiary or Affiliate thereof their respective Affiliates as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Documents and without any duty to account therefor to the LendersLoan Documents. With respect to the its Bank Loans made or renewed by it, any Bank Note issued to it and its rights as the Issuing Bank under the VP Letter of Credit Facility and the Bond Letter of Credit Facility, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender Bank and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” "Bank", "Banks" and “Lenders” "Issuing Bank" shall include the Administrative Agent in its individual capacity.

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, own securities ofprovide Swap Contracts or Commodities Contracts, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower, any Guarantor and any other Credit Party or any Subsidiary or Affiliate thereof Borrower as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Documents and without any duty to account therefor to the LendersLoan Documents. With respect to the Loans made by itit and the Letters of Credit issued by it in its capacity as a Lender or Issuing Bank, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender Lender, its right and powers as an Issuing Bank shall not be in any way prejudiced, and may exercise the same all such rights and powers as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from, lend money to, own securities of, act as the a financial advisor or in any other advisory capacity for capacity, and generally engage in any kind of business with the Borrower, any Guarantor and any other Credit Party Borrower or any Subsidiary or Affiliate thereof of the Borrower as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Documents and without any duty to account therefor to the Lendersany Lender Agent or Lender. With respect to the Loans made by itAdvances Outstanding pursuant to this Agreement, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Documents in its individual capacity as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender,” and “Lenders,” shall include the Administrative Agent in its individual capacity.

Administrative Agent in Its Individual Capacity. The Administrative Agent in its individual capacity, and its Affiliates Affiliates, may make loans and other financial accommodations to, accept deposits from, own securities of, act as the financial advisor or in any other advisory capacity for from and generally engage in any kind of business with the Borrower, any Guarantor and any other Credit Party Borrower or any Subsidiary or Affiliate thereof of the Guarantors and their respective Subsidiaries as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Documents and without any duty to account therefor to the Lendershereunder. With respect to the Loans made or renewed by it, any Notes issued to it and its participation in the Administrative Agent shall have the same rights and powers under this Agreement and the other Letter of Credit Documents as any Lender and may exercise the same as though it were not the Administrative AgentLiabilities, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.capacity shall have the same benefits, rights, powers and privileges under this Agreement, the Notes and the other Loan Documents as any other Lender and may exercise the

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from, own securities of, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of business with the Borrower, any Guarantor and any other Credit Party or any Subsidiary or Affiliate thereof Borrower as though the Administrative Agent were not the Administrative Agent hereunder and under the other Credit Loan Documents and without any duty to account therefor to the LendersLenders or to provide notice to or consent of the Lenders with respect thereto. With respect to the Loans made by it, the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Administrative Agent in Its Individual Capacity. The Administrative Agent and its Affiliates may make loans to, accept deposits from, own securities of, act as the financial advisor or in any other advisory capacity for from and generally engage in any kind of business with the Borrower, any Guarantor and any other Credit Party or any Subsidiary or Affiliate thereof Borrower as though the Administrative Agent were not the Administrative Agent hereunder hereunder, the Security Documents and under the other Credit Documents and without any duty to account therefor to the LendersLoan Documents. With respect to the Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued or participated in by it or any Acceptance created or participated in by it, the Administrative Agent shall have the same rights and powers under this Agreement Agreement, the Security Documents and the other Credit Loan Documents as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms “"Lender” " and “"Lenders” " shall include the Administrative Agent in its individual capacity.