Common use of Agent Capacities Clause in Contracts

Agent Capacities. It is understood and agreed that: (a) JPMorgan (i) is entering into this Agreement solely in its capacity as the First Lien Agent, (ii) the provisions of the RBL Credit Agreement affording rights, privileges, protections, immunities and indemnities to JPMorgan as administrative agent thereunder, including the provisions of the RBL Credit Agreement applicable to JPMorgan as administrative agent thereunder shall also apply to JPMorgan as First Lien Agent hereunder, and (iii) in no event shall JPMorgan incur any liability in connection with this Agreement or be liable for or on account of the statements, representations, warranties, covenants or obligations stated to be those of the First Lien Agent or any First Lien Secured Party hereunder, all such liability, if any, being expressly waived and released by the parties hereto and any person claiming by, through or under such party; and (b) WT (i) is entering into this Agreement solely in its capacity as the Second Lien Agent, (ii) the provisions of the Second Lien Agreement affording rights, privileges, protections, immunities and indemnities to WT as trustee and collateral agent thereunder shall also apply to WT as Second Lien Agent hereunder, and (iii) in no event shall WT incur any liability in connection with this Agreement or be personally liable for or on account of the statements, representations, warranties, covenants or obligations stated to be those of the Second Lien Agent or any Second Lien Secured Party hereunder, all such liability, if any, being expressly waived and released by the parties hereto and any person claiming by, through or under such party.

Agent Capacities. It is understood and agreed that: (a) JPMorgan CS (i) is entering into this Agreement solely in its capacity as the First Lien Facility Agent and the Applicable First Lien Agent, (ii) the provisions of the RBL First Lien Credit Agreement affording rights, privileges, protections, immunities and indemnities to JPMorgan CS as administrative agent thereunder, including the provisions of the RBL First Lien Credit Agreement applicable to JPMorgan CS as administrative agent thereunder shall also apply to JPMorgan CS as First Lien Facility Agent and the Applicable First Lien Agent hereunder, and (iii) in no event shall JPMorgan CS incur any liability in connection with this Agreement or be liable for or on account of the statements, representations, warranties, covenants or obligations stated to be those of the First Lien Facility Agent or any First Lien Obligations Secured Party hereunder, all such liability, if any, being expressly waived and released by the parties hereto and any person claiming by, through or under such party; and (b) WT CS (i) is entering into this Agreement solely in its capacity as the Second Lien Facility Agent and the Applicable Second Lien Agent, (ii) the provisions of the Second Lien Credit Agreement affording rights, privileges, protections, immunities and indemnities to WT CS as trustee and collateral administrative agent thereunder shall also apply to WT CS as Second Lien Facility Agent and the Applicable Second Lien Agent hereunder, and (iii) in no event shall WT CS incur any liability in connection with this Agreement or be personally liable for or on account of the statements, representations, warranties, covenants or obligations stated to be those of the Second Lien Agent Obligations Representative or any Second Lien Obligations Secured Party hereunder, all such liability, if any, being expressly waived and released by the parties hereto and any person claiming by, through or under such party.