Common use of Bank of America and Affiliates Clause in Contracts

Bank of America and Affiliates. With respect to its Commitments, the Advances made by it and the Note issued to it, Bank of America shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Agent; and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated, include Bank of America in its individual capacity. Bank of America and its Affiliates may accept deposits from, lend money to, act as trustee under indentures of, accept investment banking engagements from and generally engage in any kind of business with, the Company, any of its Subsidiaries and any Person who may do business with or own securities of the Company or any such Subsidiary, all as if Bank of America were not the Agent and without any duty to account therefor to the Lenders. The Agent shall have no duty to disclose any information obtained or received by it or any of its Affiliates relating to the Company or any of its Subsidiaries to the extent such information was obtained or received in any capacity other than as Agent.

Bank of America and Affiliates. With respect to its CommitmentsCommitment, the Loans and Advances made by it and the Note issued to it, Bank of America shall have the same rights and powers under this Agreement any each other Loan Document as any other Lender and may exercise the same as though it were not the Agent; and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated, include Bank of America in its individual capacity. Bank of America and its Affiliates may accept deposits from, lend money to, act as trustee under indentures of, accept investment banking engagements from and generally engage in any kind of business with, the CompanyBorrower, any of its Subsidiaries Subsidiary and any Person who may do business with or own securities of the Company Borrower or any such Subsidiary, all as if Bank of America were not the Agent and without any duty to account therefor to the Lenders. The Agent shall have no duty to disclose any information obtained or received by it or any of its Affiliates relating to the Company Borrower or any of its Subsidiaries Subsidiary to the extent such information was obtained or received in any capacity other than as Agent.

Bank of America and Affiliates. With respect to its CommitmentsCommitment, the Advances Term Loans made by it and the Note issued to it, Bank of America shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Agent; and the term terms “Lender” or “Lenders” ”, shall, unless otherwise expressly indicated, include Bank of America in its individual capacity. Bank of America and its Affiliates may accept deposits from, lend money to, act as trustee under indentures of, accept investment banking engagements from and generally engage in any kind of business with, the CompanyBorrower, any of its Subsidiaries Affiliates and any Person who may do business with or own securities Equity Securities of the Company Borrower or any such SubsidiaryAffiliate, all as if Bank of America were not the Agent and without any duty to account therefor to the Lenders. The Agent shall have no duty to disclose any information obtained or received by it or any of its Affiliates relating to the Company Borrower or any of its Subsidiaries Affiliates to the extent such information was obtained or received in any capacity other than as Agent.

Bank of America and Affiliates. With respect to its CommitmentsCommitment, the Advances made by it and the any Note issued to it, Bank of America shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Agent; and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated, include Bank of America in its individual capacity. Bank of America and its Affiliates may accept deposits from, lend money to, act as trustee under indentures of, accept investment banking engagements from and generally engage in any kind of business with, the CompanyBorrower, any of its Subsidiaries and any Person who may do business with or own securities of the Company Borrower or any such Subsidiary, all as if Bank of America were not the Agent and without any duty to account therefor to the Lenders. The Agent shall have no duty to disclose any information obtained or received by it or any of its Affiliates relating to the Company Borrower or any of its Subsidiaries to the extent such information was obtained or received in any capacity other than as Agent.

Bank of America and Affiliates. With respect to its Commitments, the Advances made by it and the any Note issued to it, Bank of America shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Agent; and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated, include Bank of America in its individual capacity. Bank of America and its Affiliates may accept deposits from, lend money to, act as trustee under indentures of, accept investment banking engagements from and generally engage in any kind of business with, the CompanyBorrower, any of its Subsidiaries and any Person who may do business with or own securities of the Company Borrower or any such Subsidiary, all as if Bank of America were not the Agent and without any duty to account therefor to the Lenders. The Agent shall have no duty to disclose any information obtained or received by it or any of its Affiliates relating to the Company Borrower or any of its Subsidiaries to the extent such information was obtained or received in any capacity other than as Agent.

Bank of America and Affiliates. With respect to its CommitmentsCommitment, the Advances and L/C Credit Extensions made by it and the any Note issued to it, Bank of America shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Agent; and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated, include Bank of America in its individual capacity. Bank of America and its Affiliates may accept deposits from, lend money to, act as trustee under indentures of, accept investment banking engagements from and generally engage in any kind of business with, the CompanyBorrower, any of its Subsidiaries and any Person who may do business with or own securities of the Company Borrower or any such Subsidiary, all as if Bank of America were not the Agent and without any duty to account therefor to the LendersLenders or the L/C Issuer. The Agent shall have no duty to disclose any information obtained or received by it or any of its Affiliates relating to the Company Borrower or any of its Subsidiaries to the extent such information was obtained or received in any capacity other than as Agent.

Bank of America and Affiliates. With respect to its CommitmentsTerm Loan Commitment, the Advances Term Loan made by it and the Term Note issued to it, Bank of America shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Agent; and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated, include Bank of America in its individual capacity. Bank of America and its Affiliates may accept deposits from, lend money to, act as trustee under indentures of, accept investment banking engagements from and generally engage in any kind of business with, the Company, any of its Subsidiaries and any Person who may do business with or own securities of the Company or any such Subsidiary, all as if Bank of America were not the Agent and without any duty to account therefor to the Lenders. The Agent shall have no duty to disclose any information obtained or received by it or any of its Affiliates relating to the Company or any of its Subsidiaries to the extent such information was obtained or received in any capacity other than as Agent.