Common use of GE Capital and Affiliates Clause in Contracts

GE Capital and Affiliates. With respect to its Commitments hereunder, GE Capital shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not Agent; and the term "Lender" or "Lenders" shall, unless otherwise expressly indicated, include GE Capital in its individual capacity. GE Capital and its Affiliates may lend money to, invest in, and generally engage in any kind of business with, Borrower, any of its Affiliates and any Person who may do business with or own securities of Borrower or any such Affiliate, all as if GE Capital were not Agent and without any duty to account therefor to Lenders. GE Capital and its Affiliates may accept fees and other consideration from Borrower for services in connection with this Agreement or otherwise without having to account for the same to Lenders. GE Capital has also received a warrant from Borrower. Each Lender acknowledges the potential conflict of interest between GE Capital as a Lender holding disproportionate interests in the Loans, GE Capital as a warrant holder of Borrower, GE Capital as a stockholder of Borrower and GE Capital as Agent.

GE Capital and Affiliates. With respect to its Commitments Revolving Credit Commitment hereunder, GE Capital shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not the Agent; and the term "“Lender" ” or "“Lenders" ” shall, unless otherwise expressly indicated, include GE Capital in its individual capacity. GE Capital and its Affiliates may lend money to, invest in, and generally engage in any kind of business with, the Borrower, any of its Affiliates and any Person who may do business with or own securities of the Borrower or any such Affiliate, all as if GE Capital were not the Agent and without any duty to account therefor to Lendersthe Holders. GE Capital and its Affiliates may accept fees and other consideration from the Borrower for services in connection with this Agreement or otherwise without having to account for the same to Lenders. GE Capital has also received a warrant from Borrowerthe Holders. Each Lender acknowledges the potential conflict of interest between GE Capital as a Lender holding disproportionate interests in and as the Loans, GE Capital as a warrant holder of Borrower, GE Capital as a stockholder of Borrower Agent hereunder and GE Capital as Agentadministrative agent under the Receivables Funding Documents.

GE Capital and Affiliates. With respect to its Commitments hereunder, GE Capital shall have the same rights and powers under this Agreement and the other Loan Documents Papers as any other Lender and may exercise the same as though it were not the Administrative Agent; and the term "Lender" or "Lenders" shall, unless otherwise expressly indicated, include GE Capital in its individual capacity. GE Capital and its Affiliates may lend money to, invest in, and generally engage in any kind of business with, the Parent, the Borrower, any of its their Affiliates and any Person who may do business with or own securities of Borrower the Parent, the Borrower, any of the Borrower's Subsidiaries or any such Affiliate, all as if GE Capital were not the Administrative Agent and without any duty to account therefor to Lenders. GE Capital and its Affiliates may accept fees and other consideration from the Parent, the Borrower or any of their Affiliates for services in connection with this Agreement or otherwise without having to account for the same to Lenders. GE Capital has also received a warrant from Borrower. Each Lender acknowledges the potential conflict of interest between GE Capital as a Lender holding disproportionate interests in the Loans, GE Capital as a warrant holder of Borrower, GE Capital as a stockholder of Borrower and GE Capital as Agent.

GE Capital and Affiliates. With respect to its Commitments hereundercommitment hereunder to make Revolving Credit Advances, GE Capital shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not Agent; and the term "Lender" or "Lenders" shall, unless otherwise expressly indicated, include GE Capital in its individual capacity. GE Capital and its Affiliates may lend money to, invest in, and generally engage in any kind of business with, Borrower, any of its Subsidiaries and Affiliates and any Person who may do business with or own securities of Borrower or any such Subsidiary or Affiliate, all as if GE Capital were not Agent and without any duty to account therefor to Lenders. GE Capital and its Affiliates may accept fees and other consideration from Borrower and any of its Subsidiaries for services in connection with this the Agreement or otherwise without having to account for the same to Lenders. GE Capital has also received a warrant from Borrower. Each Lender acknowledges the potential conflict of interest between GE Capital as a Lender holding disproportionate interests in the Loans, GE Capital as a warrant holder of Borrower, GE Capital as a stockholder of Borrower and GE Capital as Agent.

GE Capital and Affiliates. With respect to its Commitments hereunder, GE Capital shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not Agent; and the term "Lender" or "Lenders" shall, unless otherwise expressly indicated, include GE Capital in its individual capacity. GE Capital and its Affiliates may lend money to, invest in, and generally engage in any kind of business with, Borrowerany Sotheby Entity, any of its their Affiliates and any Person who may do business with or own securities of Borrower any Sotheby Entity or any such Affiliate, all as if GE Capital were not Agent and without any duty to account therefor to Lenders. GE Capital and its Affiliates may accept fees and other consideration from Borrower any Sotheby Entity for services in connection with this Agreement or otherwise without having to account for the same to Lenders. GE Capital has also received a warrant from Borrower. Each Lender acknowledges the potential conflict of interest between GE Capital as a Lender holding disproportionate interests in the Loans, GE Capital as a warrant holder of Borrower, GE Capital as a stockholder of Borrower Loans and GE Capital as Agent.

GE Capital and Affiliates. With respect to its Commitments Revolving Credit Loan Commitment hereunder, GE Capital shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise the same as though it were not Agent; and the term "Lender" or "Lenders" shall, unless otherwise expressly indicated, include GE Capital in its individual capacity. GE Capital and its Affiliates may lend money to, invest in, and generally engage in any kind of business with, Borrowerany Obligor, any of its their Affiliates and any Person who may do business with or own securities of Borrower any Obligor or any such Affiliate, all as if GE Capital were not Agent and without any duty to account therefor to Lenders. GE Capital and its Affiliates may accept fees and other consideration from Borrower any Obligor for services in connection with this Agreement or otherwise without having to account for the same to Lenders. GE Capital has also received a warrant from Borrower. Each Lender acknowledges the potential conflict of interest between GE Capital as a Lender holding disproportionate interests in the Loans, GE Capital as a warrant holder of Borrower, GE Capital as a stockholder of Borrower and GE Capital as Agent.