Common use of Lenders in Their Individual Capacities Clause in Contracts

Lenders in Their Individual Capacities. With respect to its Revolving Credit Commitment, the Revolving Advances, the Term Loan Commitment and the Term Loan made by it and any other rights and powers given to it as a Lender hereunder or under any of the Other Documents, the Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not the Agent, and the term "Lenders" shall, unless the context otherwise indicates, include the Agent in its individual capacity. First Union National Bank and its Affiliates and each of the Lenders and their respective Affiliates may, without liability to account, except as prohibited herein, make loans to, accept deposits from, discount drafts for, act as trustee under indentures of, and generally engage in any kind of banking or trust business with, MSI and its Affiliates, in the case of the Agent, as though it were not acting as Agent hereunder and in the case of each Lender, as though such Lender were not a Lender hereunder. The Lenders acknowledge that, pursuant to such activities, the Agent or its Affiliates may (i) receive information regarding MSI or MSUK (including information that may be subject to confidentiality obligations in favor of MSI or MSUK) and acknowledge that the Agent shall be under no obligation to provide such information to them, and (ii) accept fees and other consideration from MSI or MSUK for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Lenders in Their Individual Capacities. With respect to its Revolving Credit Commitment, the Revolving Advances, the Term Loan Commitment and the Term Loan Revolving Credit Loans made by it and any other rights and powers given to it as a Lender hereunder or under any of the Other other Loan Documents, the Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not the Agent, and the term "Lenders" shall, unless the context otherwise indicates, include the Agent in its individual capacity. First Union National PNC Bank and its Affiliates and each of the Lenders and their respective Affiliates may, without liability to account, except as prohibited herein, make loans to, accept deposits from, discount drafts for, act as trustee under indentures of, and generally engage in any kind of banking or trust business with, MSI the Loan Parties and its their Affiliates, in the case of the Agent, as though it were not acting as Agent hereunder and in the case of each Lender, as though such Lender were not a Lender hereunder. The Lenders acknowledge that, pursuant to such activities, the Agent or its Affiliates may (i) receive information regarding MSI or MSUK the Loan Parties (including information that may be subject to confidentiality obligations in favor of MSI or MSUKthe Loan Parties) and acknowledge that the Agent shall be under no obligation to provide such information to them, and (ii) accept fees and other consideration from MSI or MSUK the Loan Parties for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Lenders in Their Individual Capacities. With respect to its Revolving Credit Commitment, the Revolving Advances, the Term Loan Commitment and the Term Loan Loans made by it and any other rights and powers given to it as a Lender hereunder or under any of the Other other Loan Documents, the Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not the Agent, and the term "Lenders" shall, unless the context otherwise indicates, include the Agent in its individual capacity. First Union National PNC Bank and its Affiliates and each of the Lenders and their respective Affiliates may, without liability to account, except as prohibited herein, make loans to, accept deposits from, discount drafts for, act as trustee under indentures of, and generally engage in any kind of banking or trust business with, MSI with the Loan Parties and its their Affiliates, in the case of the Agent, as though it were not acting as Agent hereunder and in the case of each Lender, as though such Lender were not a Lender hereunder. The Lenders acknowledge that, pursuant to such activities, the Agent or its respective Affiliates may (i) receive information regarding MSI or MSUK the Loan Parties (including information that may be subject to confidentiality obligations in favor of MSI or MSUKthe Loan Parties) and acknowledge that the Agent shall not be under no any obligation to provide such information to them, and (ii) accept fees and other consideration from MSI or MSUK the Loan Parties for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Lenders in Their Individual Capacities. With respect to its Revolving Credit Commitment, the Revolving AdvancesCredit Loans, the Term Loan A Commitment, the Term Loan A, the Term Loan B Commitment and the Term Loan B made by it and any other rights and powers given to it as a Lender hereunder or under any of the Other other Loan Documents, the Administrative Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not the Administrative Agent, and the term "Lenders" shall, unless the context otherwise indicates, include the Administrative Agent in its individual capacity. First Union National Bank City and its Affiliates and each of the Lenders and their respective Affiliates may, without liability to account, except as prohibited herein, make loans to, accept deposits from, discount drafts for, act as trustee under indentures of, and generally engage in any kind of banking or trust business with, MSI the Loan Parties and its their Affiliates, in the case of the Administrative Agent, as though it were not acting as Administrative Agent hereunder and in the case of each Lender, as though such Lender were not a Lender hereunder. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates may (i) receive information regarding MSI or MSUK the Loan Parties (including information that may be subject to confidentiality obligations in favor of MSI or MSUKthe Loan Parties) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them, and (ii) accept fees and other consideration from MSI or MSUK the Loan Parties for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Lenders in Their Individual Capacities. With respect to its Revolving Credit Commitment, the Revolving AdvancesCredit Loans, the Term Loan Commitment and the Term Loan made by it and any other rights and powers given to it as a Lender hereunder or under any of the Other other Loan Documents, the Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not the Agent, and the term "Lenders" shall, unless the context otherwise indicates, include the Agent in its individual capacity. First Union National Bank PNC and its Affiliates and each of the Lenders and their respective Affiliates may, without liability to account, except as prohibited herein, make loans to, accept deposits from, discount drafts for, act as trustee under indentures of, and generally engage in any kind of banking or trust business with, MSI the Loan Parties and its their Affiliates, in the case of the Agent, as though it were not acting as Agent hereunder and in the case of each Lender, as though such Lender were not a Lender hereunder. The Lenders acknowledge that, pursuant to such activities, the Agent or its Affiliates may (i) receive information regarding MSI or MSUK the Loan Parties (including information that may be subject to confidentiality obligations in favor of MSI or MSUKthe Loan Parties) and acknowledge that the Agent shall be under no obligation to provide such information to them, and (ii) accept fees and other consideration from MSI or MSUK the Loan Parties for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.