Common use of Banks in Their Individual Capacities Clause in Contracts

Banks in Their Individual Capacities. With respect to its Revolving Credit Commitment and the Revolving Credit Loans made by it and any other rights and powers given to it as a Bank hereunder or under any of the other Loan Documents, the Agent shall have the same rights and powers hereunder as any other Bank and may exercise the same as though it were not the Agent, and the term “Banks” shall, unless the context otherwise indicates, include the Agent in its individual capacity. PNC Bank and its Affiliates and each of the Banks and their respective Affiliates may, without liability to account, except as prohibited herein, make loans to, accept deposits from, discount drafts for, act as trustee under indentures of and generally engage in any kind of banking or trust business with the Loan Parties and their Affiliates, in the case of the Agent, as though it were not acting as Agent hereunder and, in the case of each Bank, as though such Bank were not a Bank hereunder. The Banks acknowledge that, pursuant to such activities, the Agent or its Affiliates may (i) receive information regarding the Loan Parties (including information that may be subject to confidentiality obligations in favor of the Loan Parties) and acknowledge that the Agent shall be under no obligation to provide such information to them, and (ii) accept fees and other consideration from the Loan Parties for services in connection with this Agreement and otherwise without having to account for the same to the Banks.

Banks in Their Individual Capacities. Agents in its Individual Capacity. With respect to its Revolving Credit Commitment and Commitment, the Revolving Credit Loans made by it and any other rights and powers given to it as a Bank hereunder or under any of the other Loan Documents, the Agent shall have the same rights and powers hereunder as any other Bank and may exercise the same as though it were not the Agent, and the term “"Bank" and "Banks” " shall, unless the context otherwise indicates, include the Agent in its individual capacity. PNC Bank and its Affiliates and each of the Banks and their respective Affiliates may, without liability to account, except as prohibited herein, make loans to, issue letters of credit for the account of, acquire equity interests in, accept deposits from, discount drafts for, act as trustee under indentures of of, and generally engage in any kind of banking banking, trust, financial advisory, underwriting or trust other business with with, the Loan Parties and their Affiliates, in the case of the Agent, as though it were not acting as Agent hereunder and, and in the case of each Bank, as though such Bank were not a Bank hereunder, in each case without notice to or consent of the other Banks. The Banks acknowledge that, pursuant to such activities, the Agent or its Affiliates may (i) receive i)receive information regarding the Loan Parties or any of their Subsidiaries or Affiliates (including information that may be subject to confidentiality obligations in favor of the Loan PartiesParties or such Subsidiary or Affiliate) and acknowledge that the Agent shall be under no obligation to provide such information to them, and (ii) accept ii)accept fees and other consideration from the Loan Parties for services in connection with this Agreement and otherwise without having to account for the same to the Banks.

Banks in Their Individual Capacities. With respect to its Revolving Credit Commitment and the Revolving Credit Loans made ------------------------------------ by it it, and any other rights and powers given to it as a Bank hereunder or under any of the other Loan Documents, the Agent shall have the same rights and powers hereunder as any other Bank and may exercise the same as though it were not the Agent, and the term “"Banks” " shall, unless the context otherwise indicates, include the Agent in its individual capacity. PNC Bank and its Affiliates and each Each of the Banks and their respective Affiliates may, upon prior written notice to the Agent and the other Banks, without liability to account, except as prohibited herein, make loans to, accept deposits from, discount drafts for, act as trustee under indentures of of, and generally engage in any kind of banking or trust business with with, the Loan Parties Borrower and their its Affiliates, in the case of the Agent, as though it were not acting as Agent hereunder and, and in the case of each Bank, as though such Bank were not a Bank hereunder. The Banks acknowledge that, pursuant to such activities, the Agent or its Affiliates may (i) receive information regarding the Loan Parties Borrower (including information that may be subject to confidentiality obligations in favor of the Loan PartiesBorrower) and acknowledge that the Agent shall be under no obligation to provide 21 such information to them, and (ii) accept fees and other consideration from the Loan Parties Borrower for services in connection with this Agreement and otherwise without having to account for the same to the Banks.

Banks in Their Individual Capacities. Agents in its Individual Capacity. With respect to its Revolving Credit Commitment and Term Loan Commitment, the Revolving Credit Term Loans made by it and any other rights and powers given to it as a Bank hereunder or under any of the other Loan Documents, the Agent shall have the same rights and powers hereunder as any other Bank and may exercise the same as though it were not the Agent, and the term “"Bank" and "Banks” " shall, unless the context otherwise indicates, include the Agent in its individual capacity. PNC Bank Fleet and its Affiliates and each of the Banks and their respective Affiliates may, without liability to account, except as prohibited herein, make loans to, acquire equity interests in, accept deposits from, discount drafts for, act as trustee under indentures of of, and generally engage in any kind of banking banking, trust, financial advisory, underwriting or trust other business with with, the Loan Parties and their Affiliates, in the case of the Agent, as though it were not acting as Agent hereunder and, and in the case of each Bank, as though such Bank were not a Bank hereunder, in each case without notice to or consent of the other Banks. The Banks acknowledge that, pursuant to such activities, the Agent or its Affiliates may (i) receive i)receive information regarding the Loan Parties or any of their Subsidiaries or Affiliates (including information that may be subject to confidentiality obligations in favor of the Loan PartiesParties or such Subsidiary or Affiliate) and and, except as otherwise specifically required hereby, acknowledge that the Agent shall be under no obligation to provide such information to them, and (ii) accept ii)accept fees and other consideration from the Loan Parties for services in connection with this Agreement and otherwise without having to account for the same to the Banks.

Banks in Their Individual Capacities. With respect to its Revolving Credit Commitment, the Revolving Credit Loans, the Term Loan Commitment and the Revolving Credit Term Loans made by it and any other rights and powers given to it as a Bank hereunder or under any of the other Loan Documents, the Agent shall have the same rights and powers hereunder as any other Bank and may exercise the same as though it were not the Agent, and the term “"Banks” " shall, unless the context otherwise indicates, include the Agent in its individual capacity. PNC Bank and its Affiliates and each of the Banks and their respective Affiliates may, without liability to account, except as prohibited herein, make loans to, accept deposits from, discount drafts for, act as trustee under indentures of of, and generally engage in any kind of banking or trust business with with, the Loan Parties and their Affiliates, in the case of the Agent, as though it were not acting as Agent hereunder and, and in the case of each Bank, as though such Bank were not a Bank hereunder. The Banks acknowledge that, pursuant to such activities, the Agent or its Affiliates may (i) receive i)receive information regarding the Loan Parties (including information that may be subject to confidentiality obligations in favor of the Loan Parties) and Parties)and acknowledge that the Agent shall be under no obligation to provide such information to them, and (ii) accept ii)accept fees and other consideration from the Loan Parties for services in connection with this Agreement and otherwise without having to account for the same to the Banks.

Banks in Their Individual Capacities. Agent in its Individual Capacity. With respect to its Revolving Credit Commitment and the Revolving Credit Loans made by it and any other rights and powers given to it as a Bank hereunder or under any of the other Loan Documents, the Agent shall have the same rights and powers hereunder as any other Bank and may exercise the same as though it were not the Agent, and the term “Bank” and “Banks” shall, unless the context otherwise indicates, include the Agent in its individual capacity. PNC Bank and its Affiliates and each of the Banks and their respective Affiliates may, without liability to account, except as prohibited herein, make loans to, issue letters of credit for the account of, acquire equity interests in, accept deposits from, discount drafts for, act as trustee under indentures of of, and generally engage in any kind of banking banking, trust, financial advisory, underwriting or trust other business with with, the Loan Parties and their Affiliates, in the case of the Agent, as though it were not acting as Agent hereunder and, and in the case of each Bank, as though such Bank were not a Bank hereunder, in each case without notice to or consent of the other Banks. The Banks acknowledge that, pursuant to such activities, the Agent or its Affiliates may (i) receive information regarding the Loan Parties or any of their Subsidiaries or Affiliates (including information that may be subject to confidentiality obligations in favor of the Loan PartiesParties or such Subsidiary or Affiliate) and acknowledge that the Agent shall be under no obligation to provide such information to them, and (ii) accept fees and other consideration from the Loan Parties for services in connection with this Agreement and otherwise without having to account for the same to the Banks.