Common use of Banks in Their Individual Capacities Clause in Contracts

Banks in Their Individual Capacities. With respect to its ------------------------------------ Commitments and the Loans made by it, the Administrative Agent and each Agent shall have the same rights and powers hereunder as any other Bank and may exercise the same as though it were not the Administrative Agent or an Agent, and the term "Banks" shall, unless the context otherwise indicates, include the Administrative Agent and each Agent in its individual capacity. PNC Bank and its affiliates, First Union National 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 Borrower and its affiliates, in the case of the Administrative Agent or any Agent, as though it were not acting as Administrative Agent or Agent hereunder and in the case of each Bank, as though such Bank were not a Bank hereunder.

Appears in 6 contracts

Samples: Credit Agreement (Mariner Post Acute Network Inc), Revolving Credit Facility (Mariner Post Acute Network Inc), Credit Agreement (Mariner Post Acute Network Inc)

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