Common use of Agent in Individual Capacity Clause in Contracts

Agent in Individual Capacity. The Agent and each Managing Agent (and any successor thereto in such capacity) and its Affiliates 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 any of the SPV, the Originators, the Servicer, or any of their Subsidiaries or Affiliates as though it were not the Agent, a Managing Agent or an Investor hereunder, as applicable, and without notice to or consent of the Secured Parties. The Secured Parties acknowledge that, pursuant to such activities, any such Person or its Affiliates may receive information regarding the SPV, the Originators, the Servicer or their respective Affiliates (including information that may be subject to confidentiality obligations in favor of such Person) and acknowledge that the Agent shall be under no obligation to provide such information to them. With respect to its Commitment, the Agent and each Managing Agent (and any successor thereto in such capacity) in its capacity as a Committed Investor hereunder shall have the same rights and powers under this Agreement as any other Committed Investor and may exercise the same as though it were not the Agent, a Managing Agent or a Committed Investor, as applicable, and the term “Committed Investor” or “Committed Investors” shall, unless the context otherwise indicates, include the Agent and each Managing Agent in its individual capacity.

Agent in Individual Capacity. The Agent and each Managing Agent Bank of America (and any successor thereto in such capacityacting as Agent) and its Affiliates 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 any of the SPVBorrower, the OriginatorsOriginator, any Eligible Originator, the Servicer, Depositor and the Master Servicer or any of their Subsidiaries or Affiliates as though it Bank of America were not the Agent, a Managing Agent or an a Bank Investor hereunder, as applicable, hereunder and without notice to or consent of the Secured PartiesLenders or the Bank Investors. The Secured Parties Bank Investors acknowledge that, pursuant to such activities, any such Person Bank of America or its Affiliates may receive information regarding the SPVBorrower, the OriginatorsOriginator, the Servicer Master Servicer, each Eligible Originator, the Depositor or their respective Affiliates (including information that may be subject to confidentiality obligations in favor of such Person) and acknowledge that the Agent shall be under no obligation to provide such information to them. With respect to its Commitment, the Agent and each Managing Agent Bank of America (and any successor thereto in such capacityacting as Agent) in its capacity as a Committed Bank Investor hereunder shall have the same rights and powers under this Loan Agreement as any other Committed Bank Investor and may exercise the same as though it were not the Agent, a Managing Agent or a Committed Bank Investor, as applicable, and the term “Committed Bank Investor” or “Committed Bank Investors” shall, unless the context otherwise indicates, include the Agent and each Managing Agent in its individual capacity.

Agent in Individual Capacity. The Agent and each Managing Agent (and any successor thereto in such capacity) and its Affiliates 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 any of the SPV, the Originators, the Master Servicer, or any of their Subsidiaries or Affiliates as though it were not the Agent, a Managing Agent or an Investor hereunder, as applicable, and without notice to or consent of the Secured Parties. The Secured Parties acknowledge that, pursuant to such activities, any such Person or its Affiliates may receive information regarding the SPV, the Originators, the Master Servicer or their respective Affiliates (including information that may be subject to confidentiality obligations in favor of such Person) and acknowledge that the Agent shall be under no obligation to provide such information to them. With respect to its CommitmentCommitment and any Letters of Credit issued, the Agent and each Managing Agent (and any successor thereto in such capacity) in its capacity as a Committed Investor hereunder shall have the same rights and powers under this Agreement as any other Committed Investor and may exercise the same as though it were not the Agent, a Managing Agent or a Committed Investor, as applicable, and the term “Committed Investor” or “Committed Investors” shall, unless the context otherwise indicates, include the Agent and each Managing Agent in its individual capacity.

Agent in Individual Capacity. The Agent and each Managing Agent (and any successor thereto in such capacity) and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests Equity Interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any of the SPV, the Originators, Colliers, the Servicer, or any of their Subsidiaries or Affiliates as though it were not the Agent, a Managing Agent or an Investor hereunder, as applicable, and without notice to or consent of the Secured Parties. The Secured Parties acknowledge that, pursuant to such activities, any such Person or its Affiliates may receive information regarding the SPV, the Originators, Colliers, the Servicer or their respective Affiliates (including information that may be subject to confidentiality obligations in favor of such Person) and acknowledge that the Agent shall be under no obligation to provide such information to them. With respect to its Commitment, the Agent and each Managing Agent (and any successor thereto in such capacity) in its capacity as a Committed Investor hereunder shall have the same rights and powers under this Agreement as any other Committed Investor and may exercise the same as though it were not the Agent, a Managing Agent or a Committed Investor, as applicable, and the term “Committed Investor” or “Committed Investors” shall, unless the context otherwise indicates, include the Agent and each Managing Agent in its individual capacity.

Agent in Individual Capacity. The Agent and each Managing Agent (and any successor thereto in such capacity) and its Affiliates 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 any of the SPV, the Originators, the Servicer, or any of their Subsidiaries or Affiliates as though it were not the Agent, a Managing Agent or an Investor hereunder, as applicable, and without notice to or consent of the Secured Parties. The Secured Parties acknowledge that, pursuant to such activities, any such Person or its Affiliates may receive information regarding the SPV, the Originators, the Servicer or their respective Affiliates (including information that may be subject to confidentiality obligations in favor of such Person) and acknowledge that the Agent shall be under no obligation to provide such information to them. With respect to its CommitmentCommitment and any Letters of Credit issued, the Agent and each Managing Agent (and any successor thereto in such capacity) in its capacity as a Committed Investor hereunder shall have the same rights and powers under this Agreement as any other Committed Investor and may exercise the same as though it were not the Agent, a Managing Agent or a Committed Investor, as applicable, and the term “Committed Investor” or “Committed Investors” shall, unless the context otherwise indicates, include the Agent and each Managing Agent in its individual capacity.

Agent in Individual Capacity. The Agent and each Managing Agent SunTrust Capital Markets, Inc. (and any successor thereto in such capacityacting as Agent) and its Affiliates 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 any of the SPVBorrower, the OriginatorsOriginator, any Eligible Originator, the ServicerDepositor, the Master Servicer and the Back-up Servicer or any of their Subsidiaries or Affiliates as though it SunTrust Capital Markets, Inc. were not the Agent, a Managing Agent or an a Bank Investor hereunder, as applicable, hereunder and without notice to or consent of the Secured PartiesLender or the Bank Investors. The Secured Parties Bank Investors acknowledge that, pursuant to such activities, any such Person SunTrust Capital Markets, Inc. or its Affiliates may receive information regarding the SPVBorrower, the OriginatorsOriginator, the Servicer Master Servicer, each Eligible Originator, the Depositor or their respective Affiliates (including information that may be subject to confidentiality obligations in favor of such Person) and acknowledge that the Agent shall be under no obligation to provide such information to them. With respect to its Commitment, the Agent and each Managing Agent SunTrust Capital Markets, Inc. (and any successor thereto in such capacityacting as Agent) in its capacity as a Committed Bank Investor hereunder shall have the same rights and powers under this Loan Agreement as any other Committed Bank Investor and may exercise the same as though it were not the Agent, a Managing Agent or a Committed Bank Investor, as applicable, and the term “Committed Bank Investor” or “Committed Bank Investors” shall, unless the context otherwise indicates, include the Agent and each Managing Agent in its individual capacity.

Agent in Individual Capacity. The Agent and each Managing Agent SunTrust Capital Markets, Inc. (and any successor thereto in such capacityacting as Agent) and its Affiliates 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 any of the SPVBorrower, the OriginatorsOriginator, any Eligible Originator, the ServicerDepositor, the Master Servicer and the Back-up Servicer or any of their Subsidiaries or Affiliates as though it SunTrust Capital Markets, Inc. were not the Agent, a Managing Agent or an a Bank Investor hereunder, as applicable, hereunder and without notice to or consent of the Secured PartiesLender or the Bank Investors. The Secured Parties Bank Investors acknowledge that, pursuant to such activities, any such Person SunTrust Capital Markets, Inc. or its Affiliates may receive information regarding the SPVBorrower, the OriginatorsOriginator, the Servicer Master Servicer, each Eligible Originator, the Depositor or their respective Affiliates (including information that may be subject to confidentiality obligations in favor of such Person) and acknowledge that the Agent shall be under no obligation to provide such information to them. With respect to its Commitment, the Agent and each Managing Agent SunTrust Capital Markets, Inc. (and any successor thereto in such capacityacting as Agent) in its capacity as a Committed Bank Investor hereunder shall have the same rights and powers under this Loan Agreement as any other Committed Bank Investor and may exercise the same as though it were not the Agent, a Managing Agent or a Committed Bank Investor, as applicable, and the term “Committed "Bank Investor” " or “Committed "Bank Investors” " shall, unless the context otherwise indicates, include the Agent and each Managing Agent in its individual capacity.