Common use of Agent and Affiliates; Chase and Affiliates Clause in Contracts

Agent and Affiliates; Chase and Affiliates. Without limiting the right of any other Bank to engage in any business transactions with the Company or any of its Affiliates, with respect to their Commitments, the Loans made by them and the Notes issued to them, Chase and each other Bank who may become the Agent shall have the same rights and powers under this Agreement and its Notes as any other Bank and may exercise the same as though it was not the Agent; and the term "Bank" or "Banks" shall, unless otherwise expressly indicated, include Chase and any such other Bank, in their individual capacities. Chase, each other Person who becomes the Agent and their respective Affiliates may be engaged in, or may hereafter engage in, one or more loan, letter of credit, leasing or other financing activity not the subject of this Agreement (collectively, the "Other Financings") with the Company, any Subsidiary or any of its Affiliates, or may act as trustee on behalf of, or depositary for, or otherwise engage in other business transactions with the Company, any Subsidiary or any of its Affiliates (all Other Financings and other such business transactions being collectively, the "Other Activities") with no responsibility to account therefor to the Banks. Without limiting the rights and remedies of the Banks specifically set forth herein, no other Bank by virtue of being a Bank hereunder shall have any interest in (a) any Other Activities, (b) any present or future guaranty by or for the account of the Company not contemplated or included herein, (c) any present or future offset exercised by the Agent in respect of any such Other Activities, (d) any present or future property taken as security for any such Other Activities or (e) any property now or hereafter in the possession or control of the Agent which may be or become security for the Obligations of the Company hereunder and under the Notes by reason of the general description of indebtedness secured, or of property contained in any other agreements, documents or instruments related to such Other Activities; provided, however, that if any payment in respect of such guaranties or such property or the proceeds thereof shall be applied to reduction of the Obligations evidenced hereunder and by the Notes, then each Bank shall be entitled to share in such application according to its pro rata portion of such Obligations.

Agent and Affiliates; Chase and Affiliates. Without limiting the right of any other Bank to engage in any business transactions with the Company or any of its Affiliates, with respect to their Commitments, the Loans made by them and the Notes issued to them, Chase and each other Bank who may become the Agent shall have the same rights and powers under this Agreement and its Notes as any other Bank and may exercise the same as though it was not the Agent; and the term "Bank" or "Banks" shall, unless otherwise expressly indicated, include Chase and any such other Bank, in their individual capacities. Chase, each other Person who becomes the Agent and their respective Affiliates may be engaged in, or may hereafter engage in, one or more loan, letter of credit, leasing or other financing activity not the subject of this Agreement (collectively, the "Other Financings") with the Company, any Subsidiary or any of its Affiliates, or may act as trustee on behalf of, or depositary for, or otherwise engage in other business transactions with the Company, any Subsidiary or any of its Affiliates (all Other Financings and other such business transactions being collectively, the "Other Activities") with no responsibility to account therefor to the Banks. Without limiting the rights and remedies of the Banks specifically set forth herein, no other Bank by virtue of being a Bank hereunder shall have any interest in (a) any Other Activities, (b) any present or future guaranty by or for the account of the Company not contemplated or included herein, (c) any present or future offset exercised by the Agent in respect of any such Other Activities, (d) any present or future property taken as security for any such Other Activities or (eor(e) any property now or hereafter in the possession or control of the Agent which may be or become security for the Obligations of the Company hereunder and under the Notes by reason of the general description of indebtedness secured, or of property contained in any other agreements, documents or instruments related to such Other Activities; provided, however, that if any payment in respect of such guaranties or such property or the proceeds thereof shall be applied to reduction of the Obligations evidenced hereunder and by the Notes, then each Bank shall be entitled to share in such application according to its pro rata portion of such Obligations.

Agent and Affiliates; Chase and Affiliates. Without limiting the right of any other Bank or the Swing Line Bank to engage in any business transactions with the Company any Borrower or any of its Affiliates, with respect to their Commitments, the Loans Loans, if any, made by them them, the Notes, and the Notes Swing Line Note, if any, issued to them, Chase and each other Bank who may become the Agent shall have the same rights and powers under this Agreement and its Notes Agreement, any Note, the Swing Line Note or any of the other Loan Documents as any other Bank and may exercise the same as though it was were not the Agent; and the term "Bank" or "Banks" shall, unless otherwise expressly indicated, include Chase in its individual capacity. Chase and any such other Bank, in their individual capacities. Chase, each other Person who becomes the Agent and their respective its Affiliates may be engaged in, or may hereafter engage in, one or more loan, letter of credit, leasing or other financing activity activities not the subject of this Agreement the Loan Documents (collectively, the "Other Financings") with the Company, any Subsidiary of Borrowers or any of its their Affiliates, or may act as trustee on behalf of, or depositary for, or otherwise engage in other business transactions with any of the Company, any Subsidiary Borrowers or any of its their Affiliates (all Other Financings and other such business transactions being collectively, the "Other Activities") with no responsibility to account therefor to the BanksBanks or the Floor Plan Agent. Without limiting the rights and remedies of the Banks Banks, the Swing Line Bank, or the Floor Plan Agent specifically set forth hereinin the Loan Documents, no other Bank by virtue of being a Bank hereunder Bank, the Swing Line Bank, nor the Floor Plan Agent shall have any interest in (a) any Other Activities, (b) any present or future guaranty guarantee by or for the account of the Company any Borrower not contemplated or included hereinin the Loan Documents, (c) any present or future offset exercised by the Agent in respect of any such Other Activities, (d) any present or future property taken as security for any such Other Activities or (e) any property now or hereafter in the possession or control of the Agent which may be or become security for the Obligations of the Company hereunder and any Borrower under the Notes Loan Documents by reason of the general description of indebtedness secured, or of property contained in any other agreements, documents or instruments related to such Other Activities; provided, however, that if any payment in respect of such guaranties guarantees or such property or the proceeds thereof shall be applied to reduction of the Obligations evidenced hereunder and by the Notes, then each Bank, the Swing Line Bank and the Floor Plan Agent shall be entitled to share in such application according to its pro rata equitable portion of such Obligations.

Agent and Affiliates; Chase and Affiliates. Without limiting the right of any other Bank Lender to engage in any business transactions with the Company or any of its Affiliates, with respect to their Commitmentscommitments, the Loans made by them and the Notes issued to them, Chase and each other Bank Lender who may become the Agent shall have the same rights and powers under this Agreement and its Notes as any other Bank Lender and may exercise the same as though it was not the Agent; and the term "BankLender" or "BanksLenders" shall, unless otherwise expressly indicated, include Chase and any such other BankLender, in their individual capacities. Chase, each other Person who becomes the Agent and their respective Affiliates may be engaged in, or may hereafter engage in, one or more loanloans, letter letters of credit, leasing leasings or other financing activity not the subject of this Agreement (collectively, the "Other Financings") with the Company, any Subsidiary Company or any of its Affiliates, or may act as trustee on behalf of, or depositary for, or otherwise engage in other business transactions with the Company, any Subsidiary Company or any of its Affiliates (all Other Financings and other such business transactions being collectively, the "Other Activities") with no responsibility to account therefor to the BanksLenders. Without limiting the rights and remedies of the Banks Lenders specifically set forth herein, no other Bank Lender by virtue of being a Bank Lender hereunder shall have any interest in (a) any Other Activities, (b) any present or future guaranty by or for the account of the Company not contemplated or included herein, (c) any present or future offset exercised by the Agent in respect of any such Other Activities, (d) any present or future property taken as security for any such Other Activities or (e) any property now or hereafter in the possession or control of the Agent which may be or become security for the Obligations obligations of the Company hereunder and under the Notes by reason of the general description of indebtedness secured, or of property contained in any other agreements, documents or instruments related to such Other Activities; provided, however, that if any payment in respect of such guaranties or such property or the proceeds thereof shall be applied to reduction of the Obligations evidenced hereunder and by the Notes, then each Bank Lender shall be entitled to share in such application according to its pro rata portion of such Obligations.

Agent and Affiliates; Chase and Affiliates. Without limiting the right of any other Bank Lender to engage in any business transactions with the Company any Loan Party or any of its Affiliates, with respect to their Commitmentscommitments, the Loans made by them and the Notes issued to them, Chase and each other Bank Lender who may become the Agent shall have the same rights and powers under this Agreement and Agreement, its Notes and the other Loan Document as any other Bank Lender and may exercise the same as though it was not the Agent; and the term "BankLender" or "BanksLenders" shall, unless otherwise expressly indicated, include Chase and any such other BankLender, in their individual capacities. Chase, each other Person who becomes the Agent and their respective Affiliates may be engaged in, or may hereafter engage in, one or more loan, letter of credit, leasing or other financing activity activities not the subject of this Agreement (collectively, the "Other Financings") with the Companyany Loan Party, any Restricted Subsidiary or any of its their respective Affiliates, or may act as trustee on behalf of, or depositary for, or otherwise engage in other business transactions with the Companyany Loan Party, any Restricted Subsidiary or any of its their respective Affiliates (all Other Financings and other such business transactions being collectively, the "Other Activities") with no responsibility to account therefor to the BanksLenders. Without limiting the rights and remedies of the Banks Lenders specifically set forth herein, no other Bank Lender by virtue of being a Bank Lender hereunder shall have any interest in (a) any Other Activities, (b) any present or future guaranty by or for the account of the Company not contemplated or included herein, (c) any present or future offset exercised by the Agent in respect of any such Other Activities, (d) any present or future property taken as security for any such Other Activities or (e) any property now or hereafter in the possession or control of the Agent which may be or become security for the Obligations obligations of the Company any Loan Party hereunder and under the Notes and the other Loan Documents by reason of the general description of indebtedness secured, or of property contained in any other agreements, documents or instruments related to such Other Activities; 102 109 provided, however, that if any payment in respect of such guaranties or such property or the proceeds thereof shall be applied to reduction of the Obligations obligations evidenced hereunder and by the Notes, then each Bank Lender shall be entitled to share in such application according to its pro rata portion of such Obligationsobligations.