Common use of Rights of Agent and Clause in Contracts

Rights of Agent and. Its Affiliates as a Bank. With respect to any Loan made by Wachovia or an Affiliate of Wachovia, such Affiliate and Wachovia in their capacity as a Bank hereunder shall have the same rights and powers hereunder as any other Bank and may exercise the same as though it were not an Affiliate of Wachovia (or in Wachovia's case, acting as the Agent), and the term "Bank" or "Banks" shall, unless the context otherwise indicates, include such Affiliate of Wachovia or Wachovia in its individual capacity. Such Affiliate and Wachovia may (without having to account therefor to any Bank) accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with the Borrower (and any of its Affiliates) as if they were not an Affiliate of the Agent or the Agent, respectively; and such Affiliate and Wachovia may accept fees and other consideration from the Borrower (in addition to any agency fees and arrangement fees heretofore agreed to between the Borrower and Wachovia) for services in connection with this Agreement or any other Loan Document or otherwise without having to account for the same to the Banks.

Rights of Agent and. Its its Affiliates as a Bank. With respect to any Loan the Loans made by Wachovia or an the Agent and any Affiliate of Wachoviathe Agent, Wachovia in its capacity as a Bank hereunder and any Affiliate of the Agent or such Affiliate and Wachovia in their its capacity as a Bank hereunder shall have the same rights and powers hereunder as any other Bank and may exercise the same as though it Wachovia were not an Affiliate of Wachovia (or in Wachovia's case, acting as the Agent), and the term "Bank" or "Banks" shall, unless the context otherwise indicates, include such Wachovia in its individual capacity and any Affiliate of Wachovia or Wachovia the Agent in its individual capacity. Such The Agent and any Affiliate and Wachovia of the Agent may (without having to account therefor to any Bank) accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with the Borrower (and any of its the Borrower's Affiliates) as if they Wachovia were not an acting as the Agent, and the Agent and any Affiliate of the Agent or the Agent, respectively; and such Affiliate and Wachovia may accept fees and other consideration from the Borrower (in addition to any agency fees and arrangement fees heretofore agreed to between the Borrower and Wachoviathe Agent) for services in connection with this Agreement or any other Loan Document or otherwise without having to account for the same to the Banks.

Rights of Agent and. Its its Affiliates as a Bank. With respect to any Term Loan or Revolving Credit Loan made by Wachovia or an Affiliate of Wachovia, such Affiliate and Wachovia in their capacity as a Bank hereunder shall have the same rights and powers hereunder as any other Bank and may exercise the same as though it were not an Affiliate of Wachovia (or in Wachovia's case, acting as the Agent), and the term "Bank" or "Banks" shall, unless the context otherwise indicates, include such Affiliate of Wachovia or Wachovia in its individual capacity. Such Affiliate and Wachovia may (without having to account therefor to any Bank) accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with the Borrower (and any of its Affiliates) as if they were not an Affiliate of the Agent or the Agent, respectively; and such Affiliate and Wachovia may accept fees and other consideration from the Borrower (in addition to any agency fees and arrangement fees heretofore agreed to between the Borrower and Wachovia) for services in connection with this Agreement or any other Loan Document or otherwise without having to account for the same to the Banks.

Rights of Agent and. Its its Affiliates as a Bank. With respect to any Loan made by Wachovia or an Affiliate of Wachovia, such Affiliate and Wachovia in their capacity as a Bank hereunder shall have the same rights and powers hereunder as any other Bank and may exercise the same as though it were not an Affiliate of Wachovia (or in Wachovia's case, acting as the Agent), and the term "Bank" or "Banks" shall, unless the context otherwise indicates, include such Affiliate of Wachovia or Wachovia in its individual capacity. Such Affiliate and Wachovia may (without having to account therefor to any Bank) accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with the Borrower (and any of its Affiliates) as if they were not an Affiliate of the Agent or the Agent, respectively; and such Affiliate and Wachovia may accept fees and other consideration from the Borrower (in addition to any agency fees and arrangement fees heretofore agreed to between the Borrower and Wachovia) for services in connection with this Agreement or any other Loan Document or otherwise without having to account for the same to the Banks.

Rights of Agent and. Its its Affiliates as a BankLender. With respect to any Loan made by the Wachovia or an Affiliate Letter of WachoviaCredit, such Affiliate and Wachovia in their its capacity as a Bank Lender hereunder and any Affiliate of the Agent or such Affiliate in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Bank Lender and may exercise the same as though it Wachovia were not an Affiliate of Wachovia (or in Wachovia's case, acting as the Agent), and the term "BankLender" or "BanksLenders" shall, unless the context otherwise indicates, include such Wachovia in its individual capacity and any Affiliate of Wachovia or Wachovia the Agent in its individual capacity. Such The Agent and any Affiliate and Wachovia of the Agent may (without having to account therefor to any BankLender) accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with the Borrower Lessor (and any of its such Lessor's Affiliates) ), and hold the Preferred Membership Interests and act as Preferred Member, as if they Wachovia were not an acting as the Agent, and the Agent and any Affiliate of the Agent or the Agent, respectively; and such Affiliate and Wachovia may accept fees and other consideration from the Borrower Lessor (in addition to any agency fees and arrangement fees heretofore agreed to between Lessor and the Borrower and WachoviaAgent) for services in connection with this Agreement or any other Loan Document or otherwise without having to account for the same to the BanksLenders.

Rights of Agent and. Its its Affiliates as a Bank. With respect to any Loan made by Wachovia (in the event it becomes a Bank hereunder) or an Affiliate of Wachovia, such Affiliate and Wachovia in their capacity as a Bank hereunder shall have the same rights and powers hereunder as any other Bank and may exercise the same as though it were not the Agent or an Affiliate of Wachovia (or in Wachovia's case, acting as the Agent), and the term "Bank" or "Banks" shall, unless the context otherwise indicates, include Wachovia and such Affiliate of Wachovia or Wachovia in its individual capacity. Such Affiliate and Wachovia the Agent may (without having to account therefor to any Bank) accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with the Borrower (and any of its Affiliates) as if they were not an Affiliate of the Agent or acting as the Agent, respectively; , and such Affiliate and Wachovia the Agent may accept fees and other consideration from the he Borrower (in addition to any agency fees and arrangement fees heretofore agreed to between the Borrower and Wachoviathe Agent) for services in connection with this Agreement or any other Loan Document or otherwise without having to account for the same to the Banks.

Rights of Agent and. Its its Affiliates as a Bank. With respect to any Loan made by Wachovia or an Affiliate of Wachovia, such Affiliate and Wachovia in their capacity as a Bank hereunder shall have the same rights and powers hereunder as any other Bank and may exercise the same as though it were not an Affiliate of Wachovia (or in Wachovia's case, acting as the Agent), and the term "Bank" or "Banks" shall, unless the context otherwise indicates, include such Affiliate of Wachovia or Wachovia in its individual capacity. Such Affiliate and Wachovia may (without having to account therefor to any Bank) accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with the Borrower (and any Affiliate of its Affiliatesthe Borrower) as if they were not an Affiliate of the Agent or the Agent, respectively; and such Affiliate and Wachovia may accept fees and other consideration from the Borrower (in addition to any agency fees and arrangement fees heretofore agreed to between the Borrower Parent and Wachovia) for services in connection with this Agreement or any other Loan Document or otherwise without having to account for the same to the Banks.

Rights of Agent and. Its its Affiliates as a BankBank . With respect to any Loan Loans made by Wachovia or an Affiliate of Wachovia, such Affiliate and Wachovia in their capacity as a Bank hereunder shall have the same rights and powers hereunder as any other Bank and may exercise the same as though it were not an Affiliate of Wachovia (or in Wachovia's case, acting as the Agent), and the term "Bank" or "Banks" shall, unless the context otherwise indicates, include such Affiliate of Wachovia or Wachovia in its individual capacity. Such Affiliate and Wachovia may (without having to account therefor to any Bank) accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with the Borrower (and any of its Affiliates) as if they were not an Affiliate of the Agent or the Agent, respectively; and such Affiliate and Wachovia may accept fees and other consideration from the Borrower any Loan Party (in addition to any agency fees and arrangement fees heretofore agreed to between the Borrower and Wachovia) for services in connection with this Agreement or any other Loan Document or otherwise without having to account for the same to the Banks.

Rights of Agent and. Its its Affiliates as a Bank. With respect to any Term Loan, Swing Line Loan or Revolving Credit Loan made by Wachovia or an Affiliate of Wachovia, such Affiliate and Wachovia in their capacity as a Bank hereunder shall have the same rights and powers hereunder as any other Bank and may exercise the same as though it were not an Affiliate of Wachovia (or in Wachovia's case, acting as the Agent), and the term "Bank" or "Banks" shall, unless the context otherwise indicates, include such Affiliate of Wachovia or Wachovia in its individual capacity. Such Affiliate and Wachovia may (without having to account therefor to any Bank) accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with the Borrower (and any of its Affiliates) as if they were not an Affiliate of the Agent or the Agent, respectively; and such Affiliate and Wachovia may accept fees and other consideration from the Borrower (in addition to any agency fees and arrangement fees heretofore agreed to between the Borrower and Wachovia) for services in connection with this Agreement or any other Loan Document or otherwise without having to account for the same to the Banks.

Rights of Agent and. Its its Affiliates as a Bank. With respect to any Loan the Loans made by Wachovia or an the Agent and any Affiliate of Wachoviathe Agent, Wachovia in its capacity as a Bank hereunder and any Affiliate of the Agent or such Affiliate and Wachovia in their its capacity as a Bank hereunder shall have the same rights and powers hereunder as any other Bank and may exercise the same as though it Wachovia were not an Affiliate of Wachovia (or in Wachovia's case, acting as the Agent), and the term "Bank" or "Banks" shall, unless the context otherwise indicates, include such Wachovia in its individual capacity and any Affiliate of Wachovia or Wachovia the Agent in its individual capacity. Such The Agent and any Affiliate and Wachovia of the Agent may (without having to account therefor to any Bank) accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with either of the Borrower Borrowers (and any of its the Borrowers' Affiliates) as if they Wachovia were not an acting as the Agent, and the Agent and any Affiliate of the Agent or the Agent, respectively; and such Affiliate and Wachovia may accept fees and other consideration from the Borrower Borrowers (in addition to any agency fees and arrangement fees heretofore agreed to between the Borrower Borrowers and Wachoviathe Agent) for services in connection with this Agreement or any other Loan Document or otherwise without having to account for the same to the Banks.