Common use of Agent’s Individual Capacity Clause in Contracts

Agent’s Individual Capacity. The Agent shall have the same rights and powers in its capacity as a Securityholder as any other Securityholder and may exercise the same as though it were not an Agent and the term “Securityholder” or “Securityholders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include the Agent in its individual capacity and not in its capacity as Agent. The Agent may generally engage in any kind of business with the Optionor, the Optionee, the Securityholders, or any of their respective affiliates as if the Agent were not an Agent hereunder and without any duty to account therefor to the Securityholders.