Common use of Bank of America as Lender Clause in Contracts

Bank of America as Lender. Bank of America shall have the same rights and powers as a Lender, a Specified Derivatives Provider or a Specified Cash Management Bank, as the case may be, under this Agreement, any other Loan Document, any Specified Derivatives Contract or any Specified Cash Management Agreement, as the case may be, as any other Lender, Specified Derivatives Provider or any Specified Cash Management Bank and may exercise the same as though it were not the Administrative Agent; and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated, include Bank of America in each case in its individual capacity. Bank of America and its Affiliates may each accept deposits from, maintain deposits or credit balances for, invest in, lend money to, act as trustee under indentures of, serve as financial advisor to, and generally engage in any kind of business with the Borrowers, any other Loan Party or any other Affiliate thereof as if it were any other bank and without any duty to account therefor to the other Lenders, any Specified Derivatives Providers or any Specified Cash Management Banks. Further, the Administrative Agent and any Affiliate may accept fees and other consideration from the Loan Parties for services in connection with this Agreement, any Specified Derivatives Contract or any Specified Cash Management Agreement, or otherwise without having to account for the same to the other Lenders, any Specified Derivatives Providers or any Specified Cash Management Banks. The Lenders acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company, other Loan Parties, other Subsidiaries and other Affiliates (including information that may be subject to confidentiality obligations in favor of such Person) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them.

Bank of America as Lender. Bank of America America, as a Lender or as a Hedging Agreement Provider, as the case may be, shall have the same rights and powers as a Lender, a Specified Derivatives Provider or a Specified Cash Management Bank, as the case may be, under this Agreement, Agreement and any other Loan Document, Credit Document and under any Specified Derivatives Contract or any Specified Cash Management Hedging Agreement, as the case may be, as any other Lender, Specified Derivatives Lender or Hedging Agreement Provider or any Specified Cash Management Bank and may exercise the same as though it were not the Administrative Agent; and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated, include Bank of America in each case in its individual capacity. Bank of America and its Affiliates may each accept deposits from, maintain deposits or credit balances for, invest in, lend money to, act as trustee under indentures of, serve as financial advisor to, and generally engage in any kind of business with the BorrowersBorrower, any other Loan Credit Party or any other Affiliate thereof as if it were any other bank and without any duty to account therefor to the Issuing Lenders, other Lenders, any Specified Derivatives Providers or any Specified Cash Management Banksother Hedging Agreement Providers. Further, the Administrative Agent and any Affiliate may accept fees and other consideration from the Loan Parties Borrower for services in connection with this Agreement, any Specified Derivatives Contract Agreement or any Specified Cash Management Hedging Agreement, or otherwise without having to account for the same to the other Issuing Lenders, any Specified Derivatives Providers the other Lenders or any Specified Cash Management Banksother Hedging Agreement Providers. The Issuing Lenders and the Lenders acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the CompanyBorrower, other Loan Credit Parties, other Subsidiaries and other Affiliates (including information that may be subject to confidentiality obligations in favor of such Person) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them.