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 under this Agreement, each Agent shall have the rights and powers specified herein for a "Bank" and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term "Banks," "Required Banks," "Letter of Credit Issuer", "holders of Notes" or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. Each Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with the Company or any Affiliate of the Company as if it were not performing the duties specified herein, and may accept fees and other consideration from the Company for services in connection with this Agreement and otherwise without having to account for the same to the Banks.

Each Agent in its Individual Capacity. With respect to its obligation to make Loans under this Agreement, each Agent shall have the rights and powers specified herein for a "Bank" and may exercise the same rights and powers as though it were was not performing the duties specified herein; and the term "Banks," "Required Banks," "Letter of Credit Issuer", "holders of Notes" or any similar terms shall, unless the context clearly otherwise indicates, include the each Agent in its individual capacity. Each Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with the Company Borrower or any Affiliate of the Company Borrower as if it they were not performing the duties specified herein, and may accept fees and other consideration from the Company Borrower for services in connection with this Agreement and otherwise without having to account for the same to the Banks.

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, each Agent shall have the rights and powers specified herein for a "Bank" and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term "Banks," "Required Banks," "Letter of Credit Issuer", "holders of Notes" or any similar terms shall, unless the context clearly otherwise indicates, include the each Agent in its individual capacity. Each Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with the Company any Credit Party or any Affiliate or Subsidiary of the Company any Credit Party as if it they were not performing the duties specified herein, and may accept fees and other consideration from the Company any other Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the Banks.

Each Agent in its Individual Capacity. With respect to its obligation to make Loans under this Agreement, each Each Agent shall have ------------------------------------- the rights and powers specified herein for a "Bank" and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term "Banks," "Required BanksIssuing Bank," "Letter of Credit Issuer", "holders of Notes" or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. Each Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with with, the Company or any Affiliate of the Company as if it were not performing the duties specified herein, and may accept fees and other consideration from the Company for services in connection with this Agreement or any other Credit Document and otherwise without having to account for the same to the Banks.