Common use of Each Agent in its Individual Capacity Clause in Contracts

Each Agent in its Individual Capacity. With respect to its obligation to make Loans, or issue or participate in Letters of Credit, under this Agreement, if any, each Agent shall have the rights and powers specified herein for a “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “Lender,” “Required Lenders” or any similar terms shall, unless the context clearly indicates otherwise, include such Agent in its individual capacity, if applicable. Each Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to any Loan Party or any Affiliate of any Loan Party (or any Person engaged in a similar business with any Loan Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Loan Party or any Affiliate of any Loan Party for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Each Agent in its Individual Capacity. With respect to its ------------------------------------- obligation to make Loans, or issue or participate in Letters of Credit, under this Agreement, if any, each Agent shall have the rights and powers specified herein for a “Lender” "Bank" and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “Lender"Banks,” “" "Required Lenders” Banks," "holders of Notes" or any similar terms shall, unless the context clearly indicates otherwiseotherwise indicates, include such each Agent in its individual capacity, if applicable. Each Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to to, any Loan Credit Party or any Affiliate of any Loan Credit Party (or any Person engaged in a similar business with any Loan Credit Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from the Borrower or any Loan other Credit Party or any Affiliate of any Loan Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the LendersBanks.

Each Agent in its Individual Capacity. With respect to its obligation to make Loans, or issue or participate in Letters of Credit, under this Agreement, if any, each Agent shall have the rights and powers specified herein for a “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “Lender,” “Required Lenders,” “Supermajority Lenders” or any similar terms shall, unless the context clearly indicates otherwise, include such each Agent in its individual capacity, if applicable. Each Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to any Loan Credit Party or any Affiliate of any Loan Credit Party (or any Person engaged in a similar business with any Loan Credit Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Loan Credit Party or any Affiliate of any Loan Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Each Agent in its Individual Capacity. With respect to its obligation to make Loans, or issue or participate in Letters of Credit, Loans under this Agreement, if any, each Agent shall have the rights and powers specified herein for a “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “Lender,” “Required Lenders,” “Supermajority Lenders,” “holders of Notes” or any similar terms shall, unless the context clearly indicates otherwise, include such Agent in its individual capacity, if applicable. Each Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to any Loan Credit Party or any Affiliate of any Loan Credit Party (or any Person engaged in a similar business with any Loan Credit Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Loan Credit Party or any Affiliate of any Loan Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Each Agent in its Individual Capacity. With respect to its obligation to make Loans, or issue or participate in Letters of Credit, under this Agreement, if any, Agreement each Agent shall have the rights and powers specified herein for a “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “Lender,” “Majority Lenders,” “Required Lenders,” “Holders of Notes” or any similar terms shall, unless the context clearly indicates otherwise, include such Agent the Agents in its their respective individual capacity, if applicablecapacities. Each Agent The Agents and its their affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to any Loan Credit Party or any Affiliate of any Loan Credit Party (or any Person engaged in a similar business with any Loan Credit Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Loan Credit Party or any Affiliate of any Loan Credit Party for services in connection with this Agreement which may or may not be publicly disclose and otherwise without having to account for the same to the Lenders.

Each Agent in its Individual Capacity. With respect to its obligation to make Loans, or issue or participate in Letters of Credit, under this Agreement, if any, each Agent shall have the rights and powers specified herein for a “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “Lender,” “Required Lenders,” “Supermajority Lenders” or any similar terms shall, unless the context clearly indicates otherwise, include such each Agent in its individual capacity, if applicable. Each Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to any Loan Credit Party or any Affiliate of any Loan Credit Party (or any Person engaged in a similar business with any Loan Credit Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Loan Credit Party 132 or any Affiliate of any Loan Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Each Agent in its Individual Capacity. With respect to its obligation to make Loans, or issue or participate in Letters of Credit, under this Agreement, if any, each Agent shall have the rights and powers specified herein for a “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “Lender,” “Required Lenders,” “Majority Lenders,” “Super Majority Lenders,” “holders of Notes” or any similar terms shall, unless the context clearly indicates otherwiseotherwise indicates, include such Agent in its individual capacity, if applicable. Each Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to any Loan Credit Party or any Affiliate of any Loan Credit Party (or any Person engaged in a similar business with any Loan Credit Party or any Affiliate thereof) as if they it were not performing the duties specified herein, and may accept fees and other consideration from any Loan Credit Party or any Affiliate of any Loan Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Each Agent in its Individual Capacity. With respect to its obligation to make Loans, or issue or participate in Letters of Credit, under this Agreement, if any, each Agent shall have the rights and powers specified herein for a “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “Lender,” “Required Lenders,” “Supermajority Lenders” or any similar terms shall, unless the context clearly indicates otherwise, include such each Agent in its individual capacity, if applicable. Each Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to any Loan Credit Party or any Affiliate of any Loan Credit Party (or any Person engaged in a similar business with any Loan Credit Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Loan Party or any Affiliate of any Loan Party for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.131 #93457508v14

Each Agent in its Individual Capacity. With respect to its obligation to make Loans, or issue or participate in Letters of Credit, Loans under this Agreement, if any, Agreement each Agent shall have the rights and powers specified herein for a “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term terms “Lender,” “Majority Lenders,” “Required Lenders,” “holders of Notes” or any similar terms shall, unless the context clearly indicates otherwise, include such Agent the Agents in its their respective individual capacity, if applicablecapacities. Each Agent The Agents and its affiliates their Affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to any Loan Credit Party or any Affiliate of any Loan Credit Party (or any Person engaged in a similar business with any Loan Credit Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Loan Credit Party or any Affiliate of any Loan Credit Party for services in connection with this Agreement which may or may not be publicly disclose and otherwise without having to account for the same to the Lenders.

Each Agent in its Individual Capacity. With respect to its obligation to make Loans, or issue or participate in Letters of Credit, Loans under this Agreement, if any, Agreement each Agent shall have the rights and powers specified herein for a “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term terms “Lender,” “Majority Lenders,” “Required Lenders,” “holders of Notes” or any similar terms shall, unless the context clearly indicates otherwise, include such Agent the Agents in its their respective individual capacity, if applicablecapacities. Each Agent The Agents and its affiliates their Affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to any Loan Credit Party or any Affiliate of any Loan Credit Party (or any Person engaged in a similar business with any Loan Credit Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Loan Credit Party or any Affiliate of any Loan Credit Party for services in connection with this Agreement which may or may not be publicly disclose and otherwise without having to account for the same to the Lenders.. 104