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

Rights of Agent as a Bank. With respect to its Commitment and the Loans made by it, 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 capacity as a Bank. The Agent or any Bank and their respective Affiliates may (without having to account therefor to any other Bank) accept deposits from, lend money to (on a secured or unsecured basis as otherwise permitted hereunder), and generally engage in any kind of banking, trust or other business with, the Borrower or any of the Guarantors (and any of their Affiliates). In the case of the Agent, it may do so as if it were not acting as the Agent, and the Agent may accept fees and other consideration from the Borrower or any of the Guarantors for services in connection with this Agreement or otherwise without having to account for the same to the Banks. Although the Agent or a Bank or their respective Affiliates may in the course of such relationships and relationships with other Persons acquire information about the Borrower or any of the Guarantors or Affiliates and such other Persons, neither the Agent nor such Bank shall have any duty to disclose such information to the other Banks except as otherwise required pursuant to Facility Documents.

Rights of Agent as a Bank. With respect to its Commitment and the Loans made by it, 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 capacity as a Bank. The Agent or any Bank and their respective Affiliates may (without having to account therefor to any other BankBank except as otherwise expressly provided in this Agreement) accept deposits from, lend money to (on a secured or unsecured basis as otherwise permitted hereunderbasis), and generally engage in any kind of banking, trust or other business with, the Borrower Borrower, the Guarantors or any of the Guarantors them (and any of their Affiliates); provided that no payment or lien priority shall be given to the Agent or to any Bank for any other transaction without the express written approval of all of the other Banks. In the case of the AgentCitibank, it may do so as if it were not acting as the Agent, and the Agent may accept fees and other consideration from the Borrower Borrower, the Guarantors or any of the Guarantors them for services in connection with this Agreement or otherwise without having to account for the same to the Banks. Although the Agent or a Bank or any of their respective Affiliates may in the course of such relationships and relationships with other Persons acquire information about the Borrower or any of Borrower, the Guarantors or Guarantors, their Affiliates and such other Persons, neither the Agent nor such Bank shall have any duty to the other Banks or the Agent to disclose such information to the other Banks or the Agent except as otherwise required pursuant provided herein with respect to Facility Documentsthe occurrence of an Event of Default.

Rights of Agent as a Bank. With respect to its Commitment and the Loans made by it, 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 capacity as a Bank. The Agent or any Bank and their respective Affiliates affiliates may (without having to account therefor to any other Bank) accept deposits from, lend money to (on a secured or unsecured basis as otherwise permitted hereunderbasis), and generally engage in any kind of banking, trust or other business with, the Borrower Co-Borrowers or any of the Guarantors (and any of their Affiliatesaffiliates). In the case of the Agent, it may do so as if it were not acting as the Agent, and the Agent may accept fees and other consideration from the Borrower Co-Borrowers or any of the Guarantors for services in connection with this Agreement or otherwise without having to account for the same to the Banks. Although the Agent or a Bank or their respective Affiliates affiliates may in the course of such relationships and relationships with other Persons acquire information about the Borrower Co-Borrowers or any of the Guarantors or Affiliates affiliates and such other Persons, Persons neither the Agent nor such Bank shall have any duty to disclose such information to the other Banks except as otherwise required pursuant to Facility DocumentsBanks.

Rights of Agent as a Bank. With respect to its Commitment, its Swing Line Commitment and the Loans made by it, 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 capacity as a Bank. The Agent or any Bank and their respective Affiliates its affiliates may (without having to account therefor to any other Bank) accept deposits from, lend money to (on a secured or unsecured basis as otherwise permitted hereunderbasis), and generally engage in any kind of banking, trust or other business with, the Borrower or any of the Guarantors (and any of their Affiliates). In the case of the Agent, it may do so its affiliates) as if it were not acting as the Agent, and the Agent may accept fees and other consideration from the Borrower or any of the Guarantors for services in connection with this Agreement or otherwise without having to account for the same to the Banks. Although the Agent or a Bank or their respective Affiliates and its affiliates may in the course of such relationships not involving its activities as Agent, and in the course of relationships with other Persons Persons, acquire information about the Borrower or any of the Guarantors or Borrower, its Affiliates and such other Persons, neither the Agent nor such Bank shall have any no duty to disclose such information to the other Banks except as otherwise required pursuant to Facility Documentsinformation so acquired.

Rights of Agent as a Bank. With respect to its Commitment and the Loans made by it, any Person which is 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 any Person which is the Agent in its capacity as a Bank. The Agent or any Bank and their respective Affiliates may (without having to account therefor to any other BankBank except as otherwise expressly provided in this Agreement) accept deposits from, lend money to (on a secured or unsecured basis as otherwise permitted hereunderbasis), and generally engage in any kind of banking, trust or other business with, the Borrower Borrower, the Guarantors or any of the Guarantors them (and any of their Affiliates); provided that no payment or lien priority shall be given to the Agent or to any Bank for any other transaction without the express written approval of all of the other Banks. In the case of the AgentEAB, it may do so as if it were not acting as the Agent, and the Agent may accept fees and other consideration from the Borrower Borrower, the Guarantors or any of the Guarantors them for services in connection with this Agreement or otherwise without having to account for the same to the Banks. Although the Agent or a Bank or any of their respective Affiliates may in the course of such relationships and relationships with other Persons acquire information about the Borrower or any of Borrower, the Guarantors or Guarantors, their Affiliates and such other Persons, neither the Agent nor such Bank shall have any duty to the other Banks or the Agent to disclose such information to the other Banks or the Agent except as otherwise required pursuant provided herein with respect to Facility Documentsthe occurrence of an Event of Default.

Rights of Agent as a Bank. With respect to its Commitment and the Loans made by it, 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 capacity as a Bank. The Agent or any Bank and their respective Affiliates may (without having to account therefor to any other Bank) accept deposits from, lend money to (on a secured or unsecured basis as otherwise permitted hereunder), and generally engage in any kind of banking, trust or other business with, the Borrower or any of the Guarantors its Subsidiaries (and any of their Affiliates). In the case of the Agent, it may do so as if it were not acting as the Agent, and the Agent may accept fees and other consideration from the Borrower or any of the Guarantors its Subsidiaries for services in connection with this Agreement or otherwise without having to account for the same to the Banks. Although the Agent or a Bank or their respective Affiliates may in the course of such relationships and relationships with other Persons acquire information about the Borrower or any of the Guarantors its Subsidiaries or Affiliates and such other Persons, neither the Agent nor such Bank shall have any duty to disclose such information to the other Banks except as otherwise required pursuant to Facility Documents.

Rights of Agent as a Bank. With respect to its Commitment and the Revolving Credit Loans made by it, 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 capacity as a Bank. The Agent or any Bank and their respective Affiliates may (without having to account therefor to any other Bank) accept deposits from, lend money to (on a secured or unsecured basis as otherwise permitted hereunder), and generally engage in any kind of banking, trust or other business with, the Borrower or any of the Guarantors (and any of their Affiliates). In the case of the Agent, it may do so as if it were not acting as the Agent, and the Agent may accept fees and other consideration from the Borrower or any of the Guarantors for services in connection with this Agreement or otherwise without having to account for the same to the Banks. Although the Agent or a Bank or their respective Affiliates may in the course of such relationships and relationships with other Persons acquire information about the Borrower or any of the Guarantors or Affiliates and such other Persons, neither the Agent nor such Bank shall have any duty to disclose such information to the other Banks except as otherwise required pursuant to Facility Documents.

Rights of Agent as a Bank. With respect to its Commitment and the Loans made by it, any Person which is 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 any Person which is the Agent in its capacity as a Bank. The Agent or any Bank and their respective Affiliates may (without having to account therefor to any other BankBank except as otherwise expressly provided in this Agreement) accept deposits from, lend money to (on a secured or unsecured basis as otherwise permitted hereunderbasis), and generally engage in any kind of banking, trust or other business with, the Borrower Borrower, the Guarantors or any of the Guarantors them (and any of their Affiliates); provided that no payment or lien priority shall be given to the Agent or to any Bank for any other transaction without the express written approval of all of the other Banks. In the case of the AgentBNY, it may do so as if it were not acting as the Agent, and the Agent may accept fees and other consideration from the Borrower Borrower, the Guarantors or any of the Guarantors them for services in connection with this Agreement or otherwise without having to account for the same to the Banks. Although the Agent or a Bank or any of their respective Affiliates may in the course of such relationships and relationships with other Persons acquire information about the Borrower or any of Borrower, the Guarantors or Guarantors, their Affiliates and such other Persons, neither the Agent nor such Bank shall have any duty to the other Banks or the Agent to disclose such information to the other Banks or the Agent except as otherwise required pursuant provided herein with respect to Facility Documentsthe occurrence of an Event of Default.

Rights of Agent as a Bank. With respect to its Commitment and the Loans made by it, 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 capacity as a Bank. The Agent or any Bank and their respective Affiliates may (without having to account therefor to any other BankBank except as otherwise expressly provided in this Agreement) accept deposits from, lend money to (on a secured or unsecured basis as otherwise permitted hereunderbasis), and generally engage in any kind of banking, trust or other business with, the Borrower Borrowers, the Guarantors or any of the Guarantors them (and any of their Affiliates); provided that no payment or lien priority shall be given to the Agent or to any Bank for any other transaction without the express written approval of all of the other Banks. In the case of the AgentBNY, it may do so as if it were not acting as the Agent, and the Agent may accept fees and other consideration from the Borrower Borrowers, the Guarantors or any of the Guarantors them for services in connection with this Agreement or otherwise without having to account for the same to the Banks. Although the Agent or a Bank or any of their respective Affiliates may in the course of such relationships and relationships with other Persons acquire information about the Borrower or any of Borrowers, the Guarantors or Guarantors, their Affiliates and such other Persons, neither the Agent nor such Bank shall have any duty to the other Banks or the Agent to disclose such information to the other Banks or the Agent except as otherwise required pursuant provided herein with respect to Facility Documentsthe occurrence of an Event of Default.

Rights of Agent as a Bank. With respect to its Commitment and the Loans made by it, 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 capacity as a Bank. The Agent or any Bank and their respective Affiliates may (without having to account therefor to any other BankBank except as otherwise expressly provided in this Agreement) accept deposits from, lend money to (on a secured or unsecured basis as otherwise permitted hereunderbasis), and generally engage in any kind of banking, trust or other business with, the Borrower Borrower, the Guarantors or any of the Guarantors them (and any of their Affiliates); provided that no payment or lien priority shall be given to the Agent or to any Bank for any other transaction without the express written approval of all of the other Banks. In the case of the AgentBNY, it may do so as if it were not acting as the Agent, and the Agent may accept fees and other consideration from the Borrower Borrower, the Guarantors or any of the Guarantors them for services in connection with this Agreement or otherwise without having to account for the same to the Banks. Although the Agent or a Bank or any of their respective Affiliates may in the course of such relationships and relationships with other Persons acquire information about the Borrower or any of Borrower, the Guarantors or Guarantors, their Affiliates and such other Persons, neither the Agent nor such Bank shall have any duty to the other Banks or the Agent to disclose such information to the other Banks or the Agent except as otherwise required pursuant provided herein with respect to Facility Documentsthe occurrence of an Event of Default.