Agents in Individual Capacities. Each of the Agents and their respective 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 the Borrower or its Affiliates as though such Agent were not an Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, an Agent or its Affiliates may receive information regarding the Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower or such Affiliates) and acknowledge that the Agents shall be under no obligation to provide such information to them. Any Agent which is also a Lender hereunder shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include such Agent in its individual capacity.
Agents in Individual Capacities. Each of the Agents and their respective 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 CSSW Parent, the Borrower or their respective Affiliates as though such Agent were not an Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, an Agent or its Affiliates may receive information regarding CSSW Parent, the Borrower or their respective Affiliates (including information that may be subject to confidentiality obligations in favor of CSSW Parent, the Borrower or such Affiliates) and acknowledge that the Agents shall be under no obligation to provide such information to them. Any Agent which is also a Lender hereunder shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include such Agent in its individual capacity.
Agents in Individual Capacities. With respect to its Commitments hereunder, each Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not an Agent; and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated, include each of the Agents in its individual capacity. Each Agent and its respective Affiliates may lend money to, invest in, and generally engage in any kind of business with, any Credit Party, any Credit Party’s Affiliate and any Person that may do business with or own securities of any Credit Party or any such Affiliate, all as if such Agent were not an Agent and without any duty to account therefor to Lenders. Each Agent and its respective Affiliates may accept fees and other consideration from any Credit Party for services in connection with this Agreement or otherwise without having to account for the same to Lenders. Each Lender acknowledges the potential conflict of interest between the Agents in their capacity as Lenders holding disproportionate interests in the Loans and Agents in their capacity as Agents and expressly consents to, and waives any claim based in whole or in part upon, such conflict of interest.
Agents in Individual Capacities. (a) WFCF and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, provide Bank Products to, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory, underwriting, or other business with Borrower and its Subsidiaries and Affiliates and any other Person party to any Loan Document as though WFCF were not Agent hereunder, and, in each case, without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge (and by entering into a Bank Product Agreement, each Bank Product Provider shall be deemed to acknowledge) that, pursuant to such activities, WFCF or its Affiliates may receive information regarding Borrower or its Affiliates or any other Person party to any Loan Documents that is subject to confidentiality obligations in favor of Borrower or such other Person and that prohibit the disclosure of such information to the Lenders (or Bank Product Providers), and the Lenders acknowledge (and by entering into a Bank Product Agreement, each Bank Product Provider shall be deemed to acknowledge) that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver Agent will use its reasonable best efforts to obtain), Agent shall not be under any obligation to provide such information to them. The terms “Lender” and “
Agents in Individual Capacities. Each 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 the Borrower and its Subsidiaries and Affiliates as though BofA and Morgxx Xxxranty Trust Company of New York ("Morgxx") xere not Agents hereunder and BofA were not the Issuing Bank and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, each Agent or its Affiliates may receive information regarding the Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower or such Subsidiary) and acknowledge that neither Agent shall be under any obligation to provide such information to them. With respect to its Loans, each of Morgxx xxx BofA shall have the same rights and powers under this Agreement as any other Bank and may exercise the same as though it were not an Agent or the Issuing Bank, and the terms "Bank" and "Banks" include Morgxx xxx BofA in their individual capacities.
Agents in Individual Capacities. Each 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 the Borrower and its Subsidiaries and Affiliates as though Citicorp USA, Inc. ("Citicorp") and Morgxx Xxxranty Trust Company of New York ("MORGXX")
Agents in Individual Capacities. TCB, BofA and their respective 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 the Company and its Subsidiaries and Affiliates as though TCB were not the Administrative Agent and as if BofA were not the Documentation Agent and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, TCB, BofA and their respective Affiliates may receive information regarding the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Company or such Subsidiary) and acknowledge that the Agents shall be under no obligation to provide such information to them. With respect to its Loans, each of TCB and BofA shall have the same rights and powers under this Agreement as any other Bank and may exercise the same as though it were not an Agent hereunder.
Agents in Individual Capacities. With respect to its Commitments hereunder, each of GE Capital, Xxxxxx Xxxxxxx and Marathon shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not an Agent; and the term "Lender" or "Lenders" shall, unless otherwise expressly indicated, include each of GE Capital, Xxxxxx Xxxxxxx and Marathon in its individual capacity. Each of GE Capital, Xxxxxx Xxxxxxx and Marathon and its respective Affiliates may lend money to, invest in, and generally engage in any kind of business with, any Credit Party, any of their Affiliates and any Person who may do business with or own securities of any Credit Party or any such Affiliate, all as if GE Capital, Xxxxxx Xxxxxxx and Marathon were not an Agent and without any duty to account therefor to Lenders. Each of GE Capital, Xxxxxx Xxxxxxx and Marathon and its respective Affiliates may accept fees and other consideration from any Credit Party for services in connection with this Agreement or otherwise without having to account for the same to Lenders. Each Lender acknowledges the potential conflict of interest between GE Capital, Xxxxxx Xxxxxxx and Marathon as Lenders holding disproportionate interests in the Loans and GE Capital, Xxxxxx Xxxxxxx and Marathon as Agents.
Agents in Individual Capacities. Wellx Xxxgo, WFCFCC and their respective Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, provide Bank Products to, acquire Equity Interests in, and generally engage in any kind of banking, trust, financial advisory, underwriting, or other business with Parent and its Subsidiaries and Affiliates and any other Person party to any Loan Document as though Wellx Xxxgo and WFCFCC were not Agents hereunder, and, in each case, without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge (and by entering into a Bank Product Agreement, each Bank Product Provider shall be deemed to acknowledge) that, pursuant to such activities, Wellx Xxxgo, WFCFCC or their respective Affiliates may receive information regarding Parent or its Affiliates or any other Person party to any Loan Documents that is subject to confidentiality obligations in favor of Parent or such other Person and that prohibit the disclosure of such information to the Lenders (or Bank Product Providers), and the Lenders acknowledge (and by entering into a Bank Product Agreement, each Bank Product Provider shall be deemed to acknowledge) that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver Agent will use its reasonable best efforts to obtain), Agent shall not be under any obligation to provide such information to them. The terms "Lender" and "Lenders" include each of Wellx Xxxgo and WFCFCC in its individual capacity.
Agents in Individual Capacities. With respect to its Commitments and Term Loan C Commitments hereunder, each of GE Capital and Xxxxxx Xxxxxxx shall have the same rights and powers under this Agreement, the other Loan Documents as any other Lender or Term Loan C Lender and may exercise the same as though it were not an Agent; and the term "Lender", "Lenders", "Term Loan C Lender" or "Term Loan C Lenders" shall, unless otherwise expressly indicated, include each of GE Capital and Xxxxxx Xxxxxxx in its individual capacity. Each of GE Capital and Xxxxxx Xxxxxxx and its respective Affiliates may lend money to, invest in, and generally engage in any kind of business with, any Credit Party, any of their Affiliates and any Person who may do business with or own securities of any Credit Party or any such Affiliate, all as if GE Capital and Xxxxxx Xxxxxxx were not an Agent and without any duty to account therefor to Lenders or Term Loan C Lenders. Each of GE Capital and Xxxxxx Xxxxxxx and its respective Affiliates may accept fees and other consideration from any Credit Party for services in connection with this Agreement or otherwise without having to account for the same to Lenders or Term Loan C Lenders. Each Lender and Term Loan C Lender acknowledges the potential conflict of interest between GE Capital and Xxxxxx Xxxxxxx as Lenders and Term Loan C Lenders holding disproportionate interests in the Loans or Term Loans C and GE Capital and Xxxxxx Xxxxxxx as Agents, and expressly consents to, and waives any claim based upon, such conflict of interest.
