Citibank and Affiliates With respect to its Commitment, the Advances made by it and the Note issued to it, Citibank 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 Citibank in its individual capacity. Citibank 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 Borrower, any of its Subsidiaries and any Person who may do business with or own securities of the Borrower or any such Subsidiary, all as if Citibank were not the Agent and without any duty to account therefor to the Lenders.
GE Capital and Affiliates With respect to its Commitments hereunder, GE Capital shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not Agent; and the term "Lender" or "Lenders" shall, unless otherwise expressly indicated, include GE Capital in its individual capacity. GE Capital and its Affiliates may lend money to, invest in, and generally engage in any kind of business with, any Credit Party, any of their Affiliates and any Person who may do business with or own securities of any Credit Party or any such Affiliate, all as if GE Capital were not Agent and without any duty to account therefor to Lenders. GE Capital and its Affiliates may accept fees and other consideration from any Credit Party for services in connection with this Agreement or otherwise without having to account for the same to Lenders. Each Lender acknowledges the potential conflict of interest between GE Capital as a Lender holding disproportionate interests in the Loans and GE Capital as Agent.
Agent and Affiliates Agent shall have the same rights and powers under the Financing Documents as any other Lender and may exercise or refrain from exercising the same as though it were not Agent, and Agent and its Affiliates may lend money to, invest in and generally engage in any kind of business with each Credit Party or Affiliate of any Credit Party as if it were not Agent hereunder.
Agents and Affiliates Each Managing Agent and the Program Agent and their respective Affiliates may engage in any kind of business with the Borrower, any DT Entity or any Contract Debtor, any of their respective Affiliates and any Person who may do business with or own securities of Borrower, any DT Entity or any Contract Debtor or any of their respective Affiliates, all as if such Persons were not Managing Agents and/or Program Agent and without any duty to account therefor to any Lender.
Investment Banking Services Except as described in the Registration Statement, the Statutory Prospectus and the Prospectus, during the period beginning 180 days prior to the initial confidential submission of the Registration Statement and ending on the Effective Date, no Member and/or any person associated or affiliated with a Member has provided any investment banking, financial advisory and/or consulting services to the Company.
Fortis Benefits represents that it believes, in good faith, that the Separate Account is a “segregated asset account” and that interests in the Separate Account are offered exclusively through the purchase of or transfer into a “variable contract,” within the meaning of such terms under Section 817(h) of the Code and the regulations thereunder. Fortis Benefits will make every effort to continue to meet such definitional requirements, and it will notify the Fund and Distributor immediately upon having a reasonable basis for believing that such requirements have ceased to be met or that they might not be met in the future.
Financial Services Provides treasury, accounting, tax, financial planning, rate and auditing services services. Costs of a general nature are allocated using the Three-Factor Formula.
Subsidiaries and Affiliates The Sub-Advisor may perform any or all of the services contemplated by this Agreement directly or through such of its subsidiaries or other affiliated persons as the Sub-Advisor shall determine; provided, however, that performance of such services through such subsidiaries or other affiliated persons shall have been approved by the Trust to the extent required pursuant to the 1940 Act and rules thereunder.
Administrative Agent and Affiliates The bank serving as the Administrative Agent hereunder shall have the same rights and powers in its capacity as a Lender as any other Lender and may exercise the same as though it were not the Administrative Agent, and such bank and its Affiliates may accept deposits from, lend money to and generally engage in any kind of business with the Borrower or any Restricted Subsidiary or other Affiliate thereof as if it were not the Administrative Agent hereunder.
PARIBAS By: ---------------------------------- Title: By: ---------------------------------- Title: As to Amendment (other than Section 2(b) and Section 5): BAYERISCHE LANDESBANK GIROZENTRALE CAYMAN ISLANDS BRANCH By:/s/Herexxxx Xxxxxxxx ---------------------------------- Title: Senior Vice President By:/s/Herexxxx Xxxxxxxx ---------------------------------- Title: Vice President As to Section 2(b) of Amendment: BAYERISCHE LANDESBANK GIROZENTRALE CAYMAN ISLANDS BRANCH By:/s/Herexxxx Xxxxxxxx ---------------------------------- Title: Senior Vice President By:/s/Herexxxx Xxxxxxxx ---------------------------------- Title: Vice President As to Section 5 of Amendment: BAYERISCHE LANDESBANK GIROZENTRALE CAYMAN ISLANDS BRANCH By:/s/Herexxxx Xxxxxxxx ---------------------------------- Title: Senior Vice President By:/s/Herexxxx Xxxxxxxx ---------------------------------- Title: Vice President As to Amendment (other than Section 2(b) and Section 5): CIBC INC. By:/s/Haroxx Xxxx ---------------------------------- Title: Executive Director CIBC Work Markets Corp. As Agent As to Section 2(b) of Amendment: CIBC INC. By:/s/Haroxx Xxxx ---------------------------------- Title: Executive Director CIBC Work Markets Corp. As Agent As to Section 5 of Amendment: CIBC INC. By:/s/Haroxx Xxxx ---------------------------------- Title: Executive Director CIBC Work Markets Corp. As Agent As to Amendment (other than Section 2(b) and Section 5): CITICORP USA, INC. By:/s/Waltxx X. Xxxxxx ---------------------------------- Title: Managing Director As to Section 2(b) of Amendment: CITICORP USA, INC. By:/s/Waltxx X. Xxxxxx ---------------------------------- Title: Managing Director As to Section 5 of Amendment: CITICORP USA, INC. By:/s/Waltxx X. Xxxxxx ---------------------------------- Title: Managing Director As to Amendment (other than Section 2(b) and Section 5): FUJI BANK, LIMITED By:/s/Fuji Bank, Limited ---------------------------------- Title: As to Section 2(b) of Amendment: FUJI BANK, LIMITED By:/s/Fuji Bank, Limited ---------------------------------- Title: As to Section 5 of Amendment: FUJI BANK, LIMITED By:/s/Fuji Bank, Limited ---------------------------------- Title: As to Amendment (other than Section 2(b) and Section 5): GENERAL ELECTRIC CAPITAL CORPORATION By:/s/Karl Xxxxxxx ---------------------------------- Title: Duly Authorized Signatory 21 As to Section 2(b) of Amendment: GENERAL ELECTRIC CAPITAL CORPORATION By:/s/Karl Xxxxxxx ---------------------------------- Title: Duly Authorized Signatory As to Section 5 of Amendment: GENERAL ELECTRIC CAPITAL CORPORATION By:/s/Karl Xxxxxxx ---------------------------------- Title: Duly Authorized Signatory As to Amendment (other than Section 2(b) and Section 5): THE MITSUBISHI TRUST AND BANKING CORPORATION By:/s/Scotx X. Xxxxx ---------------------------------- Title: Senior Vice President As to Section 2(b) of Amendment: THE MITSUBISHI TRUST AND BANKING CORPORATION By:/s/Scotx X. Xxxxx ---------------------------------- Title: Senior Vice President As to Section 5 of Amendment: THE MITSUBISHI TRUST AND BANKING CORPORATION By:/s/Scotx X. Xxxxx ---------------------------------- Title:
