Common use of Agent Entitled to Act as Lender Clause in Contracts

Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, Agent, Syndication Agent or Documentation Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, Agent, Syndication Agent and Documentation Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term "Lender" or "Lenders" or any similar term shall, unless the context clearly otherwise indicates, include Agent in its individual capacity. Agent, Syndication Agent and Documentation Agent and each of their respective Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust, financial advisory or other business with any Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from any Borrower for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, Agent, Syndication Agent or Documentation Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditCredit and the IRB Reimbursement Agreement, Agent, Syndication Agent and Documentation Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term "Lender" or "Lenders" or any similar term shall, unless the context clearly otherwise indicates, include Administrative Agent in its individual capacity. Agent, Syndication Administrative Agent and Documentation Agent and each of their respective its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust, financial advisory or other business with any Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other 143 consideration from any Borrower for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agent Entitled to Act as Lender. The agency hereby created shall ------------------------------- in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, Agent, Syndication Agent or Documentation Agent Fleet in its individual capacity as a Lender and/or Swing Loan Lender hereunder. With respect to its participation in the Loans and the Letters of CreditCommitment, Agent, Syndication Agent and Documentation Agent Fleet shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term "Lender" or "Lenders" or any similar term shall, unless the context clearly otherwise indicates, include Agent Fleet in its individual capacitycapacity including, without limitation, its capacity as Swing Loan Lender. Agent, Syndication The Agent and Documentation Agent and each of their respective Affiliates its affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust, financial advisory or other business with any Borrower the Borrower, or any of its Affiliates Affiliate or Subsidiary as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower and/or any Borrower of such other Persons for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, Agentthe Arranger, Syndication the Documentation Agent or Documentation the Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and Loans, the Letters of Credit, Agent, Syndication Agent and Documentation Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term "Lender" or "Lenders" or any similar term shall, unless the context clearly otherwise indicates, include the Administrative Agent in its individual capacity. AgentEach of the Arranger, Syndication Agent and the Documentation Agent and each of the Administrative Agent and their respective Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust, financial advisory or other business with any Borrower the Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from any Borrower the Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, Agent, Syndication Agent or Documentation Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditCredit and the IRB Reimbursement Agreement, Agent, Syndication Agent and Documentation Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term "Lender" or "Lenders" or any similar term shall, unless the context clearly otherwise indicates, include Administrative Agent in its individual capacity. Agent, Syndication Administrative Agent and Documentation Agent and each of their respective its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust, financial advisory or other business with any Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from any Borrower for services in connection with this Agreement and otherwise without having to account for the same to Lenders.