CREDIT SUISSE AG, CAYMAN. ISLANDS BRANCH as security agent for itself and the other Secured Parties as defined below (the “Interim Security Agent”). It is agreed as follows:
CREDIT SUISSE AG, CAYMAN. Islands Branch 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 Borrower and its respective Affiliates as though Credit Suisse AG, Cayman Islands Branch were not the Administrative Agent, the Collateral Agent, Swing Line Lender or an L/C Issuer hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, Credit Suisse AG, Cayman Islands Branch or its Affiliates may receive information regarding the Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower or such Affiliate) and acknowledge that neither the Administrative Agent nor the Collateral Agent shall be under any obligation to provide such information to them. With respect to its Loans, Credit Suisse AG, Cayman Islands Branch and its Affiliates shall have the same rights and powers under this Agreement as any other Lender and may exercise such rights and powers as though it were not the Administrative Agent, the Collateral Agent, Swing Line Lender or an L/C Issuer, and the terms “Lender” and “Lenders” -191- include Credit Suisse AG, Cayman Islands Branch in its individual capacity. Any successor to Credit Suisse AG, Cayman Islands Branch as the Administrative Agent or the Collateral Agent shall also have the rights attributed to Credit Suisse AG, Cayman Islands Branch under this Section 9.08.
