Common use of Initial Banks and Affiliates Clause in Contracts

Initial Banks and Affiliates. With respect to its Commitments, the Advances made by it and any Notes issued to it, each Initial Bank shall each have the same rights and powers under the Loan Documents as any other Lender Party and may exercise the same as though each were not an Agent; and the term “Lender Party” or “Lender Parties” shall, unless otherwise expressly indicated, include each Initial Bank in their respective individual capacities. Each Initial Bank and their respective affiliates may accept deposits from, lend money to, act as trustee under indentures of, accept investment banking engagements from and generally engage in any kind of business with, any Loan Party, any of its Subsidiaries and any Person that may do business with or own securities of any Loan Party or any such Subsidiary, all as if the Initial Banks were not Agents and without any duty to account therefor to the Lender Parties. No Initial Bank shall have any duty to disclose any information obtained or received by it or any of its Affiliates relating to any Loan Party or any of its Subsidiaries to the extent such information was obtained or received in any capacity other than as such Initial Bank.

Initial Banks and Affiliates. With respect to its Commitments, the Advances Loans made by it and any Notes issued to it, each Initial Bank shall each have the same rights and powers under the Loan Documents as any other Lender Party and may exercise the same as though each were not an Agent; and the term “Lender Party” or “Lender Parties” shall, unless otherwise expressly indicated, include each Initial Bank in their respective individual capacities. Each Initial Bank and their respective affiliates may accept deposits from, lend money to, act as trustee under indentures of, accept investment banking engagements from and generally engage in any kind of business with, any Loan Party, any of its Subsidiaries and any Person that may do business with or own securities of any Loan Party or any such Subsidiary, all as if the such Initial Banks were Bank was not Agents an Agent and without any duty to account therefor to the Lender Parties. No Initial Bank shall have any duty to disclose any information obtained or received by it or any of its Affiliates relating to any Loan Party or any of its Subsidiaries to the extent such information was obtained or received in any capacity other than as such Initial Bank.

Initial Banks and Affiliates. With respect to its Commitments, the Advances Loans made by it and any Notes issued to it, each Initial Bank shall each have the same rights and powers under the Loan Documents as any other Lender Party and may exercise the same as though each were not an Administrative Agent; and the term “Lender PartyLenders” or “Lender PartiesLender” shall, unless otherwise expressly indicated, include each Initial Bank in their respective individual capacities. Each Initial Bank and their respective affiliates may accept deposits from, lend money to, act as trustee under indentures of, accept investment banking engagements from and generally engage in any kind of business with, any Loan Partythe Borrower, any of its Subsidiaries and any Person that may do business with or own securities of any Loan Party the Borrower or any such Subsidiary, all as if the such Initial Banks were Bank was not Agents an Administrative Agent and without any duty to account therefor to the Lender PartiesLenders. No Initial Bank shall have any duty to disclose any information obtained or received by it or any of its Affiliates relating to any Loan Party the Borrower or any of its Subsidiaries to the extent such information was obtained or received in any capacity other than as such Initial Bank.

Initial Banks and Affiliates. With respect to its Commitments, the Advances Loans made by it and any Notes issued to it, each Initial Bank shall each have the same rights and powers under the Loan Documents as any other Lender Party and may exercise the same as though each were not an Agent; and the term “Lender PartyLender” or “Lender PartiesLenders” shall, unless otherwise expressly indicated, include each Initial Bank in their respective individual capacities. Each Initial Bank and their respective affiliates may accept deposits from, lend money to, act as trustee under indentures of, accept investment banking engagements from and generally engage in any kind of business with, any Loan Party, any of its Subsidiaries and any Person that may do business with or own securities of any Loan Party or any such Subsidiary, all as if the such Initial Banks were Bank was not Agents an Agent and without any duty to account therefor to the Lender PartiesLenders. No Initial Bank shall have any duty to disclose any information obtained or received by it or any of its Affiliates 84 relating to any Loan Party or any of its Subsidiaries to the extent such information was obtained or received in any capacity other than as such Initial Bank.

Initial Banks and Affiliates. With respect to its Term C Commitments, the Advances made by it and any Term C Notes issued to it, each Initial Bank shall each have the same rights and powers under the Loan Documents as any other Lender Party and may exercise the same as though each were not an Agent; and the term “Lender PartyLender” or “Lender PartiesLenders” shall, unless otherwise expressly indicated, include each Initial Bank in their respective individual capacities. Each Initial Bank and their respective affiliates may accept deposits from, lend money to, act as trustee under indentures of, accept investment banking engagements from and generally engage in any kind of business with, any Loan Party, any of its Subsidiaries and any Person that may do business with or own securities of any Loan Party or any such Subsidiary, all as if the Initial Banks were not Agents and without any duty to account therefor to the Lender PartiesLenders. No Initial Bank shall have any duty to disclose any information obtained or received by it or any of its Affiliates relating to any Loan Party or any of its Subsidiaries to the extent such information was obtained or received in any capacity other than as such Initial Bank.