Common use of Credit Suisse and Affiliates Clause in Contracts

Credit Suisse and Affiliates. With respect to its Commitments, the Advances made by it and any Notes issued to it, Credit Suisse shall have the same rights and powers under the Loan Documents as any other Lender and may exercise the same as though each were not an Agent; and the term "Lender" or "Lenders" shall, unless otherwise expressly indicated, include Credit Suisse in individual capacities. Credit Suisse 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, any Loan Party, any of its Subsidiaries and any Person that may do business with or own securities of any Loan Party or any such Subsidiary, all as if Credit Suisse was not an Agent and without any duty to account therefor to the Lenders. No Agent shall have any duty to disclose any information obtained or received by it or any of its Affiliates relating to any Loan Party or any of its Subsidiaries to the extent such information was obtained or received in any capacity other than as such Agent.

Credit Suisse and Affiliates. With respect to its Commitments, the Advances made by it and any Notes issued to it, Credit Suisse shall have the same rights and powers under the Loan Documents as any other Lender and may exercise the same as though each it were not an the Second Lien Administrative Agent; and the term "“Lender" ” or "“Lenders" ” shall, unless otherwise expressly indicated, include Credit Suisse in its individual capacitiescapacity. Credit Suisse and its affiliates 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, any Loan Party, any of its Subsidiaries and any Person that may do business with or own securities of any Loan Party or any such Subsidiary, all as if Credit Suisse was were not an the Second Lien Administrative Agent and without any duty to account therefor to the LendersLender. No The Second Lien Administrative Agent shall not have any duty to disclose any information obtained or received by it or any of its Affiliates relating to any Loan Party or any of its Subsidiaries to the extent such information was obtained or received in any capacity other than as such the Second Lien Administrative Agent.

Credit Suisse and Affiliates. With respect to its Commitments, the Advances Loans made by it and any the Notes issued to it, if any, Credit Suisse shall have the same rights and powers under the Loan Documents as any other Lender or other Secured Party and may exercise the same as though each it were not an Agent; and each of the term "terms “Lender" or "Lenders" ” and “Secured Party” shall, unless otherwise expressly indicated, include Credit Suisse in its individual capacitiescapacity. Credit Suisse 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, any Loan Party, any Subsidiaries of its Subsidiaries any Loan Party and any Person that may do business with or own securities of any Loan Party or any such Subsidiary, all as if Credit Suisse was not an Agent and without any duty to account therefor to the LendersLenders or any other Secured Party. No Agent shall have any duty to disclose any information obtained or received by it or any of its Affiliates relating to any Loan Party or any Subsidiaries of its Subsidiaries any Loan Party to the extent such information was obtained or received in any capacity other than as such Agent.

Credit Suisse and Affiliates. With respect to its Commitments, the Advances Loans made by it and any the Notes issued to it, if any, Credit Suisse shall have the same rights and powers under the Loan Documents as any other Lender and may exercise the same as though each it were not an Agent; and the term "“Lender" or "Lenders" ” shall, unless otherwise expressly indicated, include Credit Suisse in its individual capacitiescapacity. Credit Suisse 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, any Loan Party, any Subsidiaries of its Subsidiaries any Loan Party and any Person that may do business with or own securities of any Loan Party or any such Subsidiary, all as if Credit Suisse was not an Agent and without any duty to account therefor to the Lenders. No Agent shall have any duty to disclose any information obtained or received by it or any of its Affiliates relating to any Loan Party or any Subsidiaries of its Subsidiaries any Loan Party to the extent such information was obtained or received in any capacity other than as such Agent.