Collateral Agent in Individual Capacity. Any Collateral Agent Related Person may engage in transactions with, make loans to, acquire equity interests in and generally engage in any kind of business with the Company or the Borrower and their affiliates, including purchasing and holding Notes, as though the Collateral Agent were not the Collateral Agent hereunder and without notice to or consent of the Buyers. The Buyers acknowledge that, pursuant to such activities, any Collateral Agent Related Person may receive information regarding the Company or the Borrower and their affiliates (including information that may be subject to confidentiality obligations in favor of the Company or the Borrower and their affiliates) and acknowledge that the Collateral Agent shall be under no obligation to provide such information to them. With respect to any Notes it holds, a Collateral Agent Related Person shall have the same rights and powers under this Agreement as any other Buyer and may exercise the same as though the Collateral Agent were not the Collateral Agent, and the terms “Buyer” and “Buyers” include any such Collateral Agent Related Person in its individual capacity.
Collateral Agent in Individual Capacity. The Collateral Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with US Holdings, the Borrower, any other Guarantor, and any other Loan Party as though the Collateral Agent were not a Collateral Agent hereunder and under the other Financing Documents. With respect to the loans made by it, the Collateral Agent shall have the same rights and powers under the Credit Agreement and the other Financing Documents as any Secured Party and may exercise the same as though it were not a Collateral Agent, and the terms “Lender Party” and “Lender Parties” shall include the Collateral Agent in its individual capacity and under the Loan Documents.
Collateral Agent in Individual Capacity. The Collateral Agent and its affiliates may, without liability to account, make loans to, accept deposits from, act as trustee under indentures of, and generally engage in any kind of banking or trust business with, the Credit Parties and their respective stockholders, subsidiaries and affiliates as though it were not acting as Collateral Agent hereunder.
Collateral Agent in Individual Capacity. BABC and its affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrowers and any of their Subsidiaries and Affiliates as though BABC were not the Collateral Agent hereunder, and without notice to or the consent of the other Lenders. The Lenders acknowledge that, pursuant to such activities, BABC or its affiliates may receive information regarding the Borrowers or their Subsidiaries or Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrowers or any such Subsidiary or Affiliate) and acknowledge that the Collateral Agent shall be under no obligation to provide such information to them. With respect to its Commitment and the Loans made by it and the Letters of Credit in connection with which it has purchased a participation interest, BABC 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 Collateral Agent.
Collateral Agent in Individual Capacity. Sankaty and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory, underwriting, or other business with Issuer and its Subsidiaries and Affiliates and any other Person party to any Loan Document as though Sankaty were not Collateral Agent hereunder, and, in each case, without notice to or consent of the Purchasers. The other Purchasers acknowledge that, pursuant to such activities, Sankaty or its Affiliates may receive information regarding Issuer or its Affiliates or any other Person party to any Loan Documents that is subject to confidentiality obligations in favor of Issuer or such other Person and that prohibit the disclosure of such information to the Purchasers and the Purchasers acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver Collateral Agent will use its reasonable best efforts to obtain), Collateral Agent shall not be under any obligation to provide such information to them. The terms “Purchaser” and “Purchasers” include Sankaty in its individual capacity.
Collateral Agent in Individual Capacity. The Collateral Agent and its affiliates may make loans to, issue letters of credit for the account of, accept deposits from, provide bank products to, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory, underwriting, or other business with the Company and the other Grantors and their affiliates and any other Person party to any Security Document as though the Collateral Agent were not the Collateral Agent hereunder, and, in each case, without notice to or consent of any Grantor or Secured Party. Each Secured Representative, for itself and on behalf of the Secured Parties it represents, acknowledges that, pursuant to such activities, the Collateral Agent or its affiliates may receive information regarding the Company or any Grantor or other Person party to any Security Documents that is subject to confidentiality obligations in favor of the Company or a Grantor or such other Person and that prohibit the disclosure of such information to the Secured Parties, and the each Secured Representative, for itself and on behalf of the Secured Parties it represents, acknowledges that, in such circumstances the Collateral Agent shall not be under any obligation to provide such information to them.
Collateral Agent in Individual Capacity. Any Collateral Agent Related Person may engage in transactions with, make loans to, acquire equity interests in and generally engage in any kind of business with the Borrower and its affiliates, including purchasing and holding Note, as though the Collateral Agent were not the Collateral Agent hereunder and without notice to or consent of the Lender. The Lender acknowledge that, pursuant to such activities, any Collateral Agent Related Person may receive information regarding the Borrower and its affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower and its affiliates) and acknowledge that the Collateral Agent shall be under no obligation to provide such information to them. With respect to any Note it holds, a Collateral Agent Related Person shall have the same rights and powers under this Agreement as the Lender and may exercise the same as though the Collateral Agent were not the Collateral Agent, and the term “Lender” include any such Collateral Agent Related Person in its individual capacity.
Collateral Agent in Individual Capacity. The Collateral Agent may be a Lender, the Issuer, the Synthetic Lease Facility Agent, the Lessor, a Synthetic Lease Participant, the Revolver Agent or a Swap Party, and in such event the Collateral Agent, in its capacity as Lender, Issuer, Synthetic Lease Facility Agent, Lessor, Synthetic Lease Participant, Revolver Agent or Swap Party, shall have the same rights and powers as any other Lender, Issuer, Synthetic Lease Facility Agent, Lessor, Synthetic Lease Participant, Revolver Agent or Swap Party, and may exercise the same as though it were not the Collateral Agent, and the terms "Lenders", "Issuer", "Synthetic Lease Facility Agent", "Lessor", "Synthetic Lease Participant", "Revolver Agent" and "Swap Party" shall, unless the context hereof otherwise indicates, include the Collateral Agent in its individual capacity. The Collateral Agent and its affiliates may, without liability to account, make loans to, accept deposits from, act as trustee under indentures of, enter into leases with, enter into or participate in Interest Rate Hedging Agreements with, and generally engage in any kind of banking or trust business with, the Grantors and their respective stockholders, partners, subsidiaries and affiliates as though it were not acting as Collateral Agent hereunder.
Collateral Agent in Individual Capacity. BTFIC and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory or other business with Holdings, the Company and its Subsidiaries and Affiliates and Investees as though BTFIC were not the Collateral Agent hereunder and without notice to or consent of the Purchasers. With respect to the Obligations owing to BTFIC, BTFIC shall have the same rights and powers under this Agreement as any other Purchaser and may exercise the same as though it were not the Collateral Agent, and the terms "Purchaser" and "Purchasers" shall include BTFIC in its individual capacity.
Collateral Agent in Individual Capacity. Collateral Service Associates, LLC and its Affiliates may be Noteholders, and in such event Collateral Service Associates, LLC and such Affiliates, in their capacity as Noteholders, shall have the same rights and powers as any other Noteholder, and may exercise the same as though Collateral Service Associates, LLC were not the Collateral Agent, and the term "Noteholders" shall include the Collateral Service Associates, LLC, in its individual capacity, together with such Affiliates. Collateral Service Associates, LLC, in its individual capacity, and its Affiliates may, without liability to account to any Noteholder, make loans to, investments in, and generally engage in any kind of business with, the Debtor and the Debtor's equity holders and Affiliates as though Collateral Service Associates, LLC, in its individual capacity, were not acting as the Collateral Agent hereunder.
