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

Each Agent in its Individual Capacity. With respect to any Agent that is also a Lender hereunder and its obligation (if any) to make Loans under this Agreement, such 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 relevant Agent in its respective individual capacities as such. 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 Credit Party or any Affiliate of any Credit Party (or any Person engaged in a similar business with any 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 Credit Party or any Affiliate of any Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the Lenders. The Lenders acknowledge that, pursuant to such activities, any Agent or its Affiliates may receive information regarding any Credit Party or any of its Affiliates (including information that may be subject to confidentiality obligations in favor of such Credit Party or such Affiliate) and acknowledge that no Agent shall be under any obligation to provide such information to them.

Each Agent in its Individual Capacity. With respect to any Agent that is also a Lender hereunder and its obligation (if any) to make Loans under this Agreement, such 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 relevant each Agent in its respective individual capacities as suchcapacities. 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 Credit Loan Party or any Affiliate of any Credit Loan Party (or any Person engaged in a similar business with any Credit 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 Credit Loan Party or any Affiliate of any Credit Loan Party for services in connection with this Agreement and otherwise without having to account for the same to the Lenders. The Lenders acknowledge that, pursuant to such activities, any Agent or its Affiliates may receive information regarding any Credit Loan Party or any of its Affiliates (including information that may be subject to confidentiality obligations in favor of such Credit Loan Party or such Affiliate) and acknowledge that no Agent shall be under any obligation to provide such information to them.

Each Agent in its Individual Capacity. With respect to any Agent that is also a Lender hereunder and its obligation (if any) to make Loans under this Agreement, such 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; 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 relevant Agent in its respective individual capacities as such. 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 Credit Party or any Affiliate of any Credit Party Affiliate (or any Person engaged in a similar business with any Credit Party or any Affiliate thereofCredit Party Affiliate) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Credit Party or any Affiliate of any Credit Party Affiliate for services in connection with this Agreement and otherwise without having to account for the same to the Lenders. The Lenders acknowledge that, pursuant to such activities, any Agent or its Affiliates may receive information regarding any Credit Party or any of its Affiliates Credit Party Affiliate (including information that may be subject to confidentiality obligations in favor of such Credit Party or such Credit Party Affiliate) and acknowledge that no Agent shall be under any obligation to provide such information to them.

Each Agent in its Individual Capacity. With respect to any Agent that is also a Lender hereunder and its obligation (if any) to make Loans Loans, or issue or participate in Letters of Credit, under this Agreement, such 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 " "Majority Lenders," "holders of Notes” " or any similar terms shall, unless the context clearly indicates otherwiseotherwise indicates, include such relevant Agent in its respective individual capacities as suchcapacity. 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, 109 equity capital or other services (including financial advisory services) to any Credit Party or any Affiliate of any Credit Party (or any Person engaged in a similar business with any 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 Credit Party or any Affiliate of any Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the Lenders. The Lenders acknowledge that, pursuant to such activities, any Agent or its Affiliates may receive information regarding any Credit Party or any of its Affiliates (including information that may be subject to confidentiality obligations in favor of such Credit Party or such Affiliate) and acknowledge that no Agent shall be under any obligation to provide such information to them.