Common use of Rights of Agent as a Bank Clause in Contracts

Rights of Agent as a Bank. With respect to its Revolving Commitment, the Revolving Loans made by it, the Revolving Note issued to it and the Letters of Credit issued hereunder, Texas Commerce (and any successor acting as the Agent) in 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 were not acting as the Agent, and the term "Bank" or "Banks" shall, unless the context otherwise indicates, include the Agent in its individual capacity. The Agent and its Affiliates may (without having to account therefor to any Bank) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, and generally engage in any kind of banking, trust, or other business with the Borrower, any of its Subsidiaries, any Obligated Party, and any other Person who may do business with or own securities of the Borrower or any Obligated Party, all as if it were not acting as the Agent and without any duty to account therefor to the Banks.

Rights of Agent as a Bank. With respect to its Revolving Commitmentcommitment to lend hereunder, the Revolving Loans Advances made by it and the Revolving Credit Note, Term Loan Note, and Swing Line Note issued to it, the Revolving Note issued to it and the Letters of Credit issued hereunder, Texas Commerce (and any successor acting as the Agent) Agent in 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 were not acting as the Agent, Agent or the Issuing Bank and the term "Bank" or "Banks" shall, unless the context otherwise indicates, include the Agent in its individual capacity. The Agent and its Affiliates may (without having to account therefor to any Banks or the Issuing Bank) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, and generally engage in any kind of banking, trust, or other business with the Borrower, any of its Subsidiaries, any other Obligated Party, and any other Person who may do business with or own securities of the Borrower Borrower, any Subsidiary, or any other Obligated Party, all as if it were not acting as the Agent and without any duty to account therefor to the BanksBanks or the Issuing Bank.

Rights of Agent as a Bank. With respect to its Revolving Commitment, the Revolving Loans made by it, the Revolving Note issued to it and the Letters of Credit issued hereunderby it as the Issuing Bank, Texas Commerce and the Revolving Notes issued to it, Xxxxx Fargo (and any successor acting as the Agent) in 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 were not acting as the Agent, and the term "“Bank" ” or "“Banks" ” shall, unless the context otherwise indicates, include the Agent in its individual capacity. The Agent and its Affiliates may (without having to account therefor to any BankSecured Party) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, and generally engage in any kind of banking, trust, or other business with the Borrower, any of its Subsidiaries, Obligated Party or any Obligated Partyother Subsidiary, and any other Person who may do business with or own securities of the Borrower Borrower, any Obligated Party or any Obligated Partyother Subsidiary, all as if it were not acting as the Agent and without any duty to account therefor to the BanksSecured Parties.

Rights of Agent as a Bank. With respect to its Revolving Commitment, the Revolving Loans made by it, the Letters of Credit issued by it as the Issuing Bank, and the Revolving Note issued to it and the Letters of Credit issued hereunderit, Texas Commerce JPMorgan (and any successor acting as the Agent) in 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 were not acting as the Agent, and the term "“Bank" ” or "“Banks" ” shall, unless the context otherwise indicates, include the Agent in its individual capacity. The Agent and its Affiliates may (without having to account therefor to any Bank) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, and generally engage in any kind of banking, trust, or other business with the Borrower, any of its Subsidiaries, Obligated Party or any Obligated Partyother Subsidiary, and any other Person who may do business with or own securities of the Borrower Borrower, any Obligated Party or any Obligated Partyother Subsidiary, all as if it were not acting as the Agent and without any duty to account therefor to the Banks.

Rights of Agent as a Bank. With respect to its Revolving Commitmentcommitment to lend hereunder, the Revolving Loans Advances made by it and the Revolving Credit Note and Swing Line Note issued to it, the Revolving Note issued to it and the Letters of Credit issued hereunder, Texas Commerce (and any successor acting as the Agent) Agent in 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 were not acting as the Agent, Agent or the Issuing Bank and the term "Bank" or "Banks" shall, unless the context otherwise indicates, include the Agent in its individual capacity. The Agent and its Affiliates may (without having to account therefor to any Banks or the Issuing Bank) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, and generally engage in any kind of banking, trust, or other business with the Borrower, any of its Subsidiaries, any other Obligated Party, and any other Person who may do business with or own securities of the Borrower Borrower, any Subsidiary, or any other Obligated Party, all as if it were not acting as the Agent and without any duty to account therefor to the BanksBanks or the Issuing Bank.