Common use of Agents in their Individual Capacities Clause in Contracts

Agents in their Individual Capacities. The Administrative 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 each of the Loan Parties, the Guarantors and their respective Affiliates as though the Administrative Agent were not the Administrative Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates may receive information regarding any Loan Party, any Guarantor or any of their Affiliates (including information that may be subject to confidentiality obligations in favor of such Loan Party, such Guarantor or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, the Administrative Agent shall have the same rights and powers under this Agreement as any other Lender and may exercise such rights and powers as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” include the Administrative Agent in its individual capacity.

Agents in their Individual Capacities. The Administrative Agent DBNY 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 each of the Loan Parties, the Guarantors Parties and their respective Affiliates as though the Administrative Agent DBNY were not the Administrative Agent and the Collateral Agent hereunder and without notice to or consent of (nor any duty to accept therefor to) the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent DBNY or its Affiliates may receive information regarding any Loan Party, any Guarantor Party or any Affiliate of their Affiliates a Loan Party (including information that may be subject to confidentiality obligations in favor of such Loan Party, such Guarantor Party or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, the Administrative Agent DBNY shall have the same rights and powers under this Agreement as any other Lender and may exercise such rights and powers as though it were not the Administrative Agent or the Collateral Agent, and the terms “Lender” and “Lenders” include the Administrative Agent DBNY in its individual capacity.

Agents in their Individual Capacities. The Administrative Each Agent and its 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 each of the Loan Parties, the Guarantors and their respective Affiliates as though the Administrative such Agent were not the Administrative an Agent or an L/C Issuer hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative each Agent or its respective Affiliates may receive information regarding any Loan Party, any Guarantor or any of their Affiliates (including information that may be subject to confidentiality obligations in favor of such Loan Party, such Guarantor or such Affiliate) and acknowledge that the Administrative Agent Agents shall be under no obligation to provide such information to them. With respect to its Loans, the Administrative each Agent shall have the same rights and powers under this Agreement the Loan Documents as any other Lender and may exercise such rights and powers as though it were not the Administrative Agentan Agent or an L/C Issuer, and the terms “Lender” and “Lenders” include the Administrative each Agent in its individual capacity.

Agents in their Individual Capacities. The Administrative Agent Bank of America 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 each of the Loan Parties, the Guarantors Parties and their respective Affiliates as though the Administrative Agent Bank of America were not the Administrative Agent or the L/C Issuer hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent Bank of America or its Affiliates may receive information regarding any Loan Party, any Guarantor Party or any of their its Affiliates (including information that may be subject to confidentiality obligations in favor of such Loan Party, such Guarantor Party or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, the Administrative Agent Bank of America shall have the same rights and powers under this Agreement as any other Lender and may exercise such rights and powers as though it were not the Administrative AgentAgent or the L/C Issuer, and the terms “Lender” and “Lenders” include the Administrative Agent Bank of America in its individual capacity.

Agents in their Individual Capacities. The Administrative Each Agent and its 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 each of the Loan Parties, the Guarantors and their respective Affiliates as though the Administrative such Agent were not the Administrative an Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative each Agent or its respective Affiliates may receive information regarding any Loan Party, any Guarantor or any of their Affiliates (including information that may be subject to confidentiality obligations in favor of such Loan Party, such Guarantor or such Affiliate) and acknowledge that the Administrative Agent Agents shall be under no obligation to provide such information to them. With respect to its Loans, the Administrative each Agent shall have the same rights and powers under this Agreement the Loan Documents as any other Lender and may exercise such rights and powers as though it were not the Administrative an Agent, and the terms “Lender” and “Lenders” include the Administrative each Agent in its individual capacity.

Agents in their Individual Capacities. The Administrative Agent Credit Suisse AG 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 each of the Loan Parties, the Guarantors Parties and their respective Affiliates as though the Administrative Agent Credit Suisse AG were not the Administrative Agent or an L/C Issuer hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent Credit Suisse AG or its Affiliates may receive information regarding any Loan Party, any Guarantor Party or any of their its Affiliates (including information that may be subject to confidentiality obligations in favor of such Loan Party, such Guarantor Party or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, the Administrative Agent Credit Suisse AG shall have the same rights and powers under this Agreement as any other Lender and may exercise such rights and powers as though it were not the Administrative AgentAgent or an L/C Issuer, and the terms “Lender” and “Lenders” include the Administrative Agent Credit Suisse AG in its individual capacity.

Agents in their Individual Capacities. The Administrative 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 each of the Loan Parties, the Guarantors Parties and their respective Affiliates as though if they were not performing the duties of the Administrative Agent were not the Administrative Agent or an L/C Issuer hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates may receive information regarding any Loan Party, any Guarantor Party or any of their its Affiliates (including information that may be subject to confidentiality obligations in favor of such Loan Party, such Guarantor Party or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, the Administrative Agent or its Affiliates shall have the same rights and powers under this Agreement as any other Lender and may exercise such rights and powers as though it were not the Administrative AgentAgent or an L/C Issuer, and the terms “Lender”, “Lenders”, “Required Lenders” and “Supermajority Lenders” include the Administrative Agent or its Affiliates in its individual capacity.

Agents in their Individual Capacities. The Person serving as the Administrative 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 each of the Loan Parties, the Guarantors Parties and their respective Affiliates as though the the Person serving as the Administrative Agent were not the Administrative Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Person serving as the Administrative Agent or its Affiliates may receive information regarding any Loan Party, any Guarantor Party or any of their its Affiliates (including information that may be subject to confidentiality obligations in favor of such Loan Party, such Guarantor Party or such Affiliate) and acknowledge that the Person serving as the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, the Person serving as the Administrative Agent shall have the same rights and powers under this Agreement as any other Lender and may exercise such rights and powers as though it such Person were not the Administrative Agent, and the terms “Lender” and “Lenders” include the Administrative Agent such Person in its individual capacity.

Agents in their Individual Capacities. The Administrative Each Agent and its Affiliates may make loans to, enter into Swap Contracts with, 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 each of the Loan Parties, the Guarantors Credit Parties and their respective Affiliates as though the Administrative such Agent were not an Agent, the Administrative Agent Swingline Lender (if applicable) or the Letter of Credit Issuer (if applicable) hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative any Agent or its Affiliates may receive information regarding any Loan Party, any Guarantor Credit Party or any of their its Affiliates (including information that may be subject to confidentiality obligations in favor of such Loan Party, such Guarantor Credit Party or such Affiliate) and acknowledge that the Administrative no Agent shall be under no any obligation to provide such information to them. With respect to its LoansLoans and all Obligators owing it, the Administrative any Agent shall have the same rights and powers under this Agreement as any other Lender and may exercise such rights and powers as though it were not an Agent, the Administrative AgentSwingline Lender (if applicable) or a Letter of Credit Issuer (if applicable), and the terms “Lender” and “Lenders” include the Administrative any Agent in its individual capacity.

Agents in their Individual Capacities. The Administrative Agent KeyBank 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 each of the Loan Parties, the Guarantors Borrower and their its respective Affiliates as though the Administrative Agent KeyBank were not the Administrative Agent, the Collateral Agent or Swing Line Lender hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent KeyBank or its Affiliates may receive information regarding any Loan Party, any Guarantor the Borrower or any of their its Affiliates (including information that may be subject to confidentiality obligations in favor of such Loan Party, such Guarantor the Borrower or such Affiliate) and acknowledge that neither the Administrative Agent nor the Collateral Agent shall be under no any obligation to provide such information to them. With respect to its Loans, the Administrative Agent KeyBank and its Affiliates shall have the same rights and powers under this Agreement as any other Lender and may exercise such rights and powers as though it were not the Administrative Agent, the Collateral Agent or a Swing Line Lender, and the terms “Lender” and “Lenders” include the Administrative Agent in its individual capacity.

Agents in their Individual Capacities. The Administrative 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 each of the Loan Parties, the Guarantors Parties and their respective Affiliates as though the Administrative Agent if they were not performing the duties of the Administrative Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates may receive information regarding any Loan Party, any Guarantor Party or any of their its Affiliates (including information that may be subject to confidentiality obligations in favor of such Loan Party, such Guarantor Party or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, the Administrative Agent or its Affiliates shall have the same rights and powers under this Agreement as any other Lender and may exercise such rights and powers as though it were not the Administrative Agent, and the terms “Lender”, “Lenders”, “Required Lenders” and “Supermajority Lenders” include the Administrative Agent or its Affiliates in its individual capacity.