Common use of GECC and Affiliates Clause in Contracts

GECC and Affiliates. GECC shall have the same rights and powers under this Agreement and the other Debt 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 GECC in its individual capacity. GECC and its affiliates may lend money to, invest in, and generally engage in any kind of business with, Borrower, any of Borrower’s Subsidiaries, any of their Affiliates and any person who may do business with or own securities of Borrower, any of Borrower’s Subsidiaries or any such Affiliate, all as if GECC were not Agent and without any duty to account therefor to Lenders. GECC 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. Each Lender acknowledges the potential conflict of interest between GECC as a Lender holding disproportionate interests in the Term Loans and GECC as Agent, and expressly consents to, and waives, any claim based upon, such conflict of interest.

GECC and Affiliates. GECC shall have the same rights and powers under this Agreement and the other Debt 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 GECC in its individual capacity. GECC and its affiliates may lend money to, invest in, and generally engage in any kind of business with, Borrower, any of Borrower’s Subsidiaries, any of their Affiliates and any person who may do business with or own securities of Borrower, any of Borrower’s Subsidiaries or any such Affiliate, all as if GECC were not Agent and without any duty to account therefor to Lenders. GECC 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. Each Lender acknowledges the potential conflict of interest between GECC as a Lender holding disproportionate interests in the Term Loans Loan and GECC as Agent, and expressly consents to, and waives, any claim based upon, such conflict of interest.

GECC and Affiliates. GECC shall have the same rights and powers under this Agreement and the other Debt 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 GECC in its individual capacity. GECC and its affiliates may lend money to, invest in, and generally engage in any kind of business with, Borrower, any of Borrower’s Subsidiaries, any of their Affiliates and any person who may do business with or own securities of Borrower, any of Borrower’s Subsidiaries or any such Affiliate, all as if GECC were not Agent and without any duty to account therefor to Lenders. GECC 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. Each Lender acknowledges the potential conflict of interest between GECC as a Lender holding disproportionate interests in the Term Loans and GECC as Agent, and expressly consents to, and waives, any claim based upon, such conflict of interest.

GECC and Affiliates. GECC shall have the same rights and powers under this Agreement and the other Debt 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 GECC in its individual capacity. GECC and its affiliates may lend money to, invest in, and generally engage in any kind of business with, Borrower, any of Borrower’s Subsidiariesother Loan Parties, any of their Affiliates and any person who may do business with or own securities of Borrower, any of Borrower’s Subsidiaries other Loan Party or any such Affiliate, all as if GECC were not Agent and without any duty to account therefor to Lenders. GECC and its affiliates may accept fees and other consideration from Borrower or other Loan Party for services in connection with this Agreement or otherwise without having to account for the same to Lenders. Each Lender acknowledges the potential conflict of interest between GECC as a Lender holding disproportionate interests in the Term Loans and GECC as Agent, and expressly consents to, and waives, any claim based upon, such conflict of interest.

GECC and Affiliates. With respect to its Commitments hereunder, GECC shall have the same rights and powers under this Agreement and the other Debt Loan Documents as any other Lender and may exercise the same as though it were not Administrative Agent; and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated, include GECC in its individual capacity. GECC and its affiliates Affiliates may lend money to, invest in, and generally engage in any kind of business with, Borrower, any of Borrower’s SubsidiariesLoan Party, any of their Affiliates and any person Person who may do business with or own securities of Borrower, any of Borrower’s Subsidiaries Loan Party or any such Affiliate, all as if GECC were not Administrative Agent and without any duty to account therefor to Lenders. GECC and its affiliates Affiliates may accept fees and other consideration from Borrower any Loan Party for services in connection with this Agreement or otherwise without having to account for the same to Lenders. GECC or one or more of its Affiliates has also purchased certain equity interests in Holdings and holds certain Holdings Subordinated Notes. Each Lender acknowledges the potential conflict of interest between GECC as a Lender holding disproportionate interests in the Term Loans Loans, GECC or one or more of its affiliates as a stockholder, or holder of Holdings Subordinated Notes and GECC as Administrative Agent, and expressly consents to, and waives, any claim based upon, such conflict of interest.

GECC and Affiliates. GECC shall have the same rights and powers under this Agreement and the other Debt 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 GECC in its individual capacity. GECC and its affiliates may lend money to, invest in, and generally engage in any kind of business with, BorrowerBorrowers, any Subsidiaries of any Borrower’s Subsidiaries, any of their Affiliates and any person who may do business with or own securities of BorrowerBorrowers, any Subsidiaries of Borrower’s Subsidiaries any Borrower or any such Affiliate, all as if GECC were not Agent and without any duty to account therefor to Lenders. GECC and its affiliates may accept fees and other consideration from Borrower Borrowers for services in connection with this Agreement or otherwise without having to account for the same to Lenders. Each Lender acknowledges the potential conflict of interest between GECC as a Lender holding disproportionate interests in the Term Loans Loan and GECC as Agent, and expressly consents to, and waives, any claim based upon, such conflict of interest.

GECC and Affiliates. With respect to its Commitments hereunder, GECC shall have the same rights and powers under this Agreement and the other Debt Loan Documents as any other Lender and may exercise the same as though it were not Administrative Agent; and the term “"Lender” " or “"Lenders” " shall, unless otherwise expressly indicated, include GECC in its individual capacity. GECC and its affiliates Affiliates may lend money to, invest in, and generally engage in any kind of business with, Borrower, any of Borrower’s SubsidiariesLoan Party, any of their Affiliates and any person Person who may do business with or own securities of Borrower, any of Borrower’s Subsidiaries Loan Party or any such Affiliate, all as if GECC were not Administrative Agent and without any duty to account therefor to Lenders. GECC and its affiliates Affiliates may accept fees and other consideration from Borrower any Loan Party for services in connection with this Agreement or otherwise without having to account for the same to Lenders. Each Lender acknowledges the potential conflict of interest between GECC as a Lender holding disproportionate interests in the Term Loans and GECC as Administrative Agent, and expressly consents to, and waives, any claim based upon, such conflict of interest.

GECC and Affiliates. With respect to its Commitments hereunder, GECC shall have the same rights and powers under this Agreement and the other Debt Loan Documents 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 GECC in its individual capacity. GECC and its affiliates Affiliates may lend money to, invest in, and generally engage in any kind of business with, Borrower, any of Borrower’s SubsidiariesLoan Party, any of their Affiliates and any person Person who may do business with or own securities of Borrower, any of Borrower’s Subsidiaries Loan Party or any such Affiliate, all as if GECC were not the Administrative Agent and without any duty to account therefor to the Lenders. GECC and its affiliates Affiliates may accept fees and other consideration from Borrower any Loan Party for services in connection with this Agreement or otherwise without having to account for the same to the Lenders. Each Lender acknowledges the potential conflict of interest between GECC as a the Lender holding disproportionate interests in the Term Loans and GECC as the Administrative Agent, and expressly consents to, and waives, any claim based upon, such conflict of interest.

GECC and Affiliates. With respect to its Commitments hereunder, GECC shall have the same rights and powers under this Agreement and the other Debt Loan Documents 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 GECC in its individual capacity. GECC and its affiliates Affiliates may lend money to, invest in, and generally engage in any kind of business with, Borrower, any of Borrower’s SubsidiariesLoan Party, any of their Affiliates and any person Person who may do business with or own securities of Borrower, any of Borrower’s Subsidiaries Loan Party or any such Affiliate, all as if GECC were not the Administrative Agent and without any duty to account therefor to the Lenders. GECC and its affiliates Affiliates may accept fees and other consideration from Borrower any Loan Party for services in connection with this Agreement or otherwise without having to account for 67 the same to the Lenders. Each Lender acknowledges the potential conflict of interest between GECC as a the Lender holding disproportionate interests in the Term Loans and GECC as the Administrative Agent, and expressly consents to, and waives, any claim based upon, such conflict of interest.