Common use of Agent in Its Individual Capacity Clause in Contracts

Agent in Its Individual Capacity. The Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Seller or any Affiliate of Seller as though the Agent were not the Agent hereunder. With respect to the acquisition of Purchaser Interests pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser and may exercise the same as though it were not the Agent, and the terms "Financial Institution," "Purchaser," "Financial Institutions" and "Purchasers" shall include the Agent in its individual capacity.

Agent in Its Individual Capacity. The Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Seller or any Affiliate of the Seller as though the Agent were not the Agent hereunder. With respect to the acquisition of Purchaser Receivable Interests pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser and may exercise the same as though it were not the Agent, and the terms "Financial InstitutionInvestor," "Purchaser," "Financial InstitutionsInvestors" and "Purchasers" shall include the Agent in its individual capacity.

Agent in Its Individual Capacity. The Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Seller or any Affiliate of Seller as though the Agent were not the Agent hereunder. With respect to the acquisition of Purchaser Interests pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser and may exercise the same as though it were not the Agent, and the terms "“Financial Institution," "” “Purchaser," "” “Financial Institutions" ” and "“Purchasers" ” shall include the Agent in its individual capacity.

Agent in Its Individual Capacity. The Agent and its -------------------------------- Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Seller or any Affiliate of the Seller as though the Agent were not the Agent hereunder. With respect to the acquisition of Purchaser Receivable Interests pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser and may exercise the same as though it were not the Agent, and the terms "Financial InstitutionInvestor," "Purchaser," "Financial InstitutionsInvestors" and "Purchasers" shall include the Agent in its individual capacity.

Agent in Its Individual Capacity. The Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Seller or any Affiliate of Seller as though the Agent were not the Agent hereunder. With respect to the acquisition of Purchaser Receivable Interests pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser and may exercise the same as though it were not the Agent, and the terms "Financial Institution," "Purchaser," "Financial Institutions" and "Purchasers" shall include the Agent in its individual capacity.

Agent in Its Individual Capacity. The Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Seller Party or any Affiliate of any Seller Party as though the Agent were not the Agent hereunder. With respect to the acquisition of Purchaser Interests pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser and may exercise the same as though it were not the Agent, and the terms "Financial Institution," "Purchaser," "Financial Institutions" and "Purchasers" shall include the Agent in its individual capacity.

Agent in Its Individual Capacity. The Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Seller or any Affiliate of Seller as though the Agent were not the Agent hereunder. With respect to the acquisition of Purchaser Interests pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser and may exercise the same as though it were not the Agent, and the terms "Financial Institution," "Purchaser," "Financial Institutions" and "Purchasers" shall include the Agent in its individual capacity.

Agent in Its Individual Capacity. The Agent and its -------------------------------- Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Seller the Lessor or any Affiliate of Seller the Lessee as though the Agent were not the Agent hereunderhereunder and under the other Operative Documents. With respect to the acquisition of Purchaser Interests pursuant to this Agreementits Participation Interest purchased by it, the Agent shall have the same rights and powers under this Agreement in its individual capacity and the other Operative Documents as any Purchaser Participant and may exercise the same as though it were not the Agent, and the terms "Financial Institution," "Purchaser," "Financial InstitutionsParticipant" and "PurchasersParticipants" shall include the Agent in its individual capacity.

Agent in Its Individual Capacity. The Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Seller or any Affiliate of Seller as though the Agent were not the Agent hereunder. With respect to the acquisition of Purchaser Interests pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser and may exercise the same as though it were not the Agent, and the terms "Financial Institution," "Purchaser," "Financial Institutions," "L/C Issuer" and "Purchasers" shall include the Agent in its individual capacity.

Agent in Its Individual Capacity. The Agent and its Affiliates may purchase assets from, make loans to, accept deposits from and generally engage in any kind of business with Seller or any Affiliate of Seller the Sellers as though the Agent were not the Agent hereunderhereunder and under the other Repurchase Documents. With respect to the acquisition of Purchaser Interests pursuant to this AgreementTransactions entered into by it, the Agent shall have the same rights rights, powers and powers obligations under this Repurchase Agreement in its individual capacity and the other Repurchase Documents as any Purchaser Buyer and may exercise the same as though it were not the Agent, and the terms "Financial Institution," "Purchaser," "Financial Institutions" “Buyer” and "Purchasers" “Buyers” shall include the Agent in its individual capacity.

Agent in Its Individual Capacity. The Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Seller Transferor or any Affiliate of Seller Transferor as though the such Agent were not the an Agent hereunder. With respect to the acquisition of Purchaser Interests the Class A Note pursuant to this Note Purchase Agreement, the each Agent shall have the same rights and powers under this Note Purchase Agreement in its individual capacity as any Purchaser and may exercise the same as though it were not the an Agent, and the terms "Financial Institution," "“Purchaser," "Financial Institutions" ” and "“Purchasers" ” shall include the such Agent in its individual capacity.

Agent in Its Individual Capacity. The Agent and its ------------------------------------ Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Seller or any Affiliate of Seller as though the Agent were not the Agent hereunder. With respect to the acquisition of Purchaser Interests pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser and may exercise the same as though it were not the Agent, and the terms "Financial Institution," "Purchaser," "Financial Institutions" and "Purchasers" shall include the Agent in its individual capacity.

Agent in Its Individual Capacity. The Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Seller or any Affiliate of Seller as though the Agent were not the Agent hereunder. With respect to the acquisition of Purchaser Interests pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser and may exercise the same as though it were not the Agent, and the terms "Financial Institution," "Purchaser," "Financial Institutions" and "Purchasers" shall include the Agent in its individual capacity.

Agent in Its Individual Capacity. The Agent in its individual capacity and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Seller or any Affiliate of Seller Parties and their Affiliates as though the Agent were not the Agent hereunder. With respect to the acquisition of Purchaser Interests its Receivable Interests, if any, pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser and may exercise the same as though it were not the Agent, and the terms "Financial Institution," "“Purchaser," "Financial Institutions" ” and "“Purchasers" ” shall include the Agent in its individual capacity.

Agent in Its Individual Capacity. The Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Seller Finance Subsidiary or any Affiliate of Seller Finance Subsidiary as though the Agent were not the Agent hereunder. With respect to the acquisition of Purchaser Interests pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser and may exercise the same as though it were not the Agent, and the terms "Financial Institution," "Purchaser," "Financial Institutions" and "Purchasers" shall include the Agent in its individual capacity.

Agent in Its Individual Capacity. The Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Seller or any Affiliate of the Seller as though the Agent were not the Agent hereunder. With respect to the acquisition of Purchaser Receivable Interests pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser and may exercise the same as though it were not the Agent, and the terms "Financial Institution," "Purchaser," "Financial Institutions" and "Purchasers" shall include the Agent in its individual capacity.38

Agent in Its Individual Capacity. The Agent and each of its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Seller the Servicer, the Seller, the Issuer or any Affiliate of Seller the Transferor as though the Agent were was not the Agent hereunder. With respect to purchasing the acquisition of Purchaser Interests Offered Notes or Note Principal Balance Increases pursuant to this Agreement, the Agent and each of its Affiliates shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser Investor and may exercise the same as though it were not the Agent, and the terms "Financial Institution," "Purchaser," "Financial Institutions" “Investor” and "Purchasers" “Investors” shall include the Agent Agent, in its individual capacity.

Agent in Its Individual Capacity. The Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Seller or any Affiliate of Seller as though the Agent were not the Agent hereunder. With respect to the acquisition of Purchaser Interests pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser and may exercise the same as though it were not the Agent, and the terms "Financial InstitutionFINANCIAL INSTITUTION," "Purchaser," "Financial Institutions" and "Purchasers" shall include the Agent in its individual capacity.

Agent in Its Individual Capacity. The Agent and its Affiliates affiliates may make loans to, accept deposits from purchase notes of, make and acquire investments in, and generally engage in any kind of business with Seller or any Affiliate of Seller Corporation as though the Agent were not the Agent hereunderunder this Exhibit C or the other Purchaser Documents. With respect to the acquisition of Purchaser Interests pursuant any securities issued to this Agreementit, the Agent shall have the same rights and powers under this Agreement in its individual capacity Exhibit C or the other Purchaser Documents as any Purchaser and may exercise the same as though it were not the Agent, and the terms "Financial Institution," "Purchaser," "Financial Institutions" and "Purchasers" shall include the Agent in its individual capacity.

Agent in Its Individual Capacity. The Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Seller or any Affiliate of the Seller as though the Agent were not the Agent hereunder. With respect to the acquisition purchase of Purchaser Interests Receivables pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser and may exercise the same as though it were not the Agent, and the terms "Financial Institution," "“Purchaser," "Financial Institutions" ” and "Purchasers" shall include the Agent in its individual capacity.“

Agent in Its Individual Capacity. The Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Seller or any Affiliate of Seller as though the Agent were not the Agent hereunder. With respect to the acquisition of Purchaser Interests pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser and may exercise the same as though it were not the Agent, and the terms "Financial Institution," "Purchaser," "Financial Institutions" and "Purchasers" shall include the Agent in its individual capacity.any

Agent in Its Individual Capacity. The Agent and its -------------------------------- Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Seller or any Affiliate of the Seller as though the Agent were not the Agent hereunder. With respect to the acquisition of Purchaser Receivable Interests pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser and may exercise the same as though it were not the Agent, and the terms "Financial InstitutionInvestor," "Purchaser," "Financial InstitutionsInvestors" and "Purchasers" shall include the Agent in its individual capacitycapacity if applicable.

Agent in Its Individual Capacity. The Agent and its Affiliates may make loans -------------------------------- to, accept deposits from and generally engage in any kind of business with the Seller or any Affiliate of the Seller as though the Agent were not the Agent hereunder. With respect to the acquisition of Purchaser Receivable Interests pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser and may exercise the same as though it were not the Agent, and the terms "Financial InstitutionInvestor," "Purchaser," "Financial InstitutionsInvestors" and "Purchasers" shall include the Agent in its individual capacity.

Agent in Its Individual Capacity. The Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Seller or any Affiliate of Seller as though the Agent were not the Agent hereunder. With respect to the acquisition of Purchaser Interests pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser and may exercise the same as though it were not the Agent, and the terms "Financial Institution," "“Committed Purchaser," "Financial Institutions" ” “Purchaser, “ “Committed Purchasers” and "Purchasers" shall include the Agent in its individual capacity.“

Agent in Its Individual Capacity. The Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Seller or any Affiliate of any Seller as though the Agent were not the Agent hereunder. With respect to the acquisition of Purchaser Interests or the making of Participation Advances pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser (including any Purchaser that is an LC Participant) and may exercise the same as though it were not the Agent, and the terms "“Financial Institution," "Purchaser," "Financial Institutions" and "Purchasers" shall include the Agent in its individual capacity.” “Related

Agent in Its Individual Capacity. The Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Seller or any Affiliate of Seller as though the Agent were not the Agent hereunder. With respect to the acquisition of Purchaser Receivable Interests pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser and may exercise the same as though it were not the Agent, and the terms "Financial InstitutionLIQUIDITY BANK," "PurchaserPURCHASER," "Financial InstitutionsLIQUIDITY BANKS" and "PurchasersPURCHASERS" shall include the Agent in its individual capacity.

Agent in Its Individual Capacity. The Agent and its -------------------------------- Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Seller Borrower or any Affiliate of Seller Borrower as though the Agent were not the Agent hereunder. With respect to the acquisition making of Purchaser Interests Loans pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser Lender and may exercise the same as though it were not the Agent, and the terms "Financial InstitutionLiquidity Bank," "PurchaserLender," "Financial InstitutionsLiquidity Banks" and "PurchasersLenders" shall include the Agent in its individual capacity.

Agent in Its Individual Capacity. The Agent and each of its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Seller or any Affiliate of Seller as though the Agent it were not the Agent hereunder. With respect to the acquisition of Purchaser Interests pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any other Purchaser and may exercise the same as though it were not the Agent, and the terms "Financial Institution," "“Purchaser," "Financial Institutions" ” and "“Purchasers" ” shall include the Agent in its individual capacity.

Agent in Its Individual Capacity. The Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Seller or any Affiliate of Seller the Sellers as though the Agent were not the Agent hereunderhereunder and under the other Repurchase Documents. With respect to the acquisition of Purchaser Interests pursuant to this AgreementTransactions entered into by it, the Agent shall have the same rights rights, powers and powers obligations under this Repurchase Agreement in its individual capacity and the other Repurchase Documents as any Purchaser Buyer and may exercise the same as though it were not the Agent, and the terms "Financial Institution," "Purchaser," "Financial InstitutionsBuyer" and "PurchasersBuyers" shall include the Agent in its individual capacity.

Agent in Its Individual Capacity. The Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Seller or any Affiliate of the Seller as though the Agent were not the Agent hereunder. With respect to the acquisition of Purchaser Receivable Interests pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser and may exercise the same as though it were not the Agent, and the terms "Financial InstitutionInvestor," "Purchaser," "Financial InstitutionsInvestors" and "Purchasers" shall include the Agent in its individual capacitycapacity if applicable.

Agent in Its Individual Capacity. The Agent and its -------------------------------- Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Seller the Lessor or any Affiliate of Seller the Lessee as though the Agent were not the Agent hereunderhereunder and under the other Operative Documents. With respect to the acquisition of Purchaser Interests pursuant to this Agreementits Participation Interest purchased by it, the Agent shall have the same rights and powers under this Participation Agreement in its individual capacity and the other Operative Documents as any Purchaser Participant and may exercise the same as though it were not the Agent, and the terms "Financial Institution," "Purchaser," "Financial InstitutionsParticipant" and "PurchasersParticipants" shall include the Agent in its individual capacity.

Agent in Its Individual Capacity. The Agent and its ------------------------------------ Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Seller or any Affiliate of Seller as though the Agent were not the Agent hereunder. With respect to the acquisition of Purchaser Interests pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser and may exercise the same as though it were not the Agent, and the terms "Financial InstitutionFINANCIAL INSTITUTION," "PurchaserPURCHASER," "Financial InstitutionsFINANCIAL INSTITUTIONS" and "PurchasersPURCHASERS" shall include the Agent in its individual capacity.

Agent in Its Individual Capacity. The Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Seller or any Affiliate of Seller as though the Agent were not the Agent hereunder. With respect to the acquisition of Purchaser Interests pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser and may exercise the same as though it were not the Agent, and the terms "“Financial Institution," "” “Purchaser," "” “Funding Source”, “Financial Institutions" ”, “Funding Sources” and "“Purchasers" ” shall include the Agent in its individual capacity.

Agent in Its Individual Capacity. The Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with Seller or any Affiliate of Seller as though the Agent were not the Agent hereunder. With respect to the acquisition of Purchaser Interests pursuant to this Agreement, the Agent shall have the same rights and powers under this Agreement in its individual capacity as any Purchaser and may exercise the same as though it were not the Agent, and the terms "Financial Institution," "“Committed Purchaser," "Financial Institutions" ” “Purchaser, “ “Committed Purchasers” and "“Purchasers" ” shall include the Agent in its individual capacity.