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

Rights of Agent as a Lender. With respect to its Commitment, the Loans made by it and the Notes issued to it, Davidson Kempner Service Company, LLC, or any Affiliate thereof, in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include Agent in its individual capacity. Agent and its Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, and generally engage in any kind of business with Borrower, any of its Subsidiaries, any Guarantor, and any other Person who may do business with or own securities of Borrower, any Subsidiary, or any Guarantor, all as if it were not acting as Agent and without any duty to account therefor to the Lenders.

Rights of Agent as a Lender. With respect to its Revolving Credit Commitment, the Loans Advances made by it and the Notes issued to it, Davidson Kempner Service CompanyWells Fargo Bank, LLC, or any Affiliate thereof, National Association in its capacity as a Lender hereunder hxxxxxder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Agent, and the term "Lender" or "Lenders" 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 Lender) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, and generally engage in any kind of business with the Borrower, any of its Subsidiaries, any GuarantorObligated Party, and any other Person who may do business with or own securities of the Borrower, any Subsidiary, or any GuarantorObligated Party, all as if it were not acting as the Agent and without any duty to account therefor to the Lenders.

Rights of Agent as a Lender. With respect to its CommitmentCommitment hereunder, the Loans made portion of the Advance funded by it and the Notes Note issued to it, Davidson Kempner Service Company, LLC, or any Affiliate thereof, the Agent in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as Agent, the Agent and the term "Lender" or "Lenders" 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 Lender) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, and generally engage in any kind of business with the Borrower, any of its Subsidiaries, any Guarantorother Obligated Party, and any other Person who may do business with or own securities of the Borrower, any Subsidiary, or any Guarantorother Obligated Party, all as if it were not acting as the Agent and without any duty to account therefor to the Lenders.

Rights of Agent as a Lender. With respect to its Commitment, the Loans Advances made by it and the Notes issued to it, Davidson Kempner Service CompanyWellx Xxxgo Bank Texas, LLC, or any Affiliate thereof, National Association in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Agent, and the term "Lender" or "Lenders" 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 Lender) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, and generally engage in any kind of business with the Borrower, any of its Subsidiaries, any Guarantorother Obligated Party, and any other Person who may do business with or own securities of the Borrower, any Subsidiary, or any Guarantorother Obligated Party, all as if it were not acting as the Agent and without any duty to account therefor to the Lenders.

Rights of Agent as a Lender. With respect to its CommitmentCommitments, the Loans Advances made by it and the Notes issued to it, Davidson Kempner Service CompanyXxxxx Fargo Bank (Texas), LLC, or any Affiliate thereof, National Association in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Agent, and the term "Lender" or "Lenders" 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 Lender) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, and generally engage in any kind of business with the Borrower, any of its Subsidiaries, any Guarantorother Obligated Party, and any other Person who may do business with or own securities of the Borrower, any Subsidiary, or any Guarantorother Obligated Party, all as if it were not acting as the Agent and without any duty to account therefor to the Lenders.

Rights of Agent as a Lender. With respect to its CommitmentCommitment hereunder, the portion of the Loans made funded by it and the Notes Note issued to it, Davidson Kempner Service Company, LLC, or any Affiliate thereof, the Agent in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as Agent, the Agent and the term "Lender" or "Lenders" 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 Lender) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, and generally engage in any kind of business with the Borrower, any of its Subsidiaries, any Guarantorother Obligated Party, and any other Person who may do business with or own securities of the Borrower, any Subsidiary, or any Guarantorother Obligated Party, all as if it were not acting as the Agent and without any duty to account therefor to the Lenders.

Rights of Agent as a Lender. With respect to its Commitment, the Loans made by it and the Notes Revolving Note issued to it, Davidson Kempner Service Company, LLC, or Bank of America (and any Affiliate thereof, successor acting as Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include Agent in its individual capacity. Agent and its Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, own securities of, and generally engage in any kind of banking, trust or other business with Borrowerwith, the Loan Parties or any of its Subsidiaries, any Guarantor, their Affiliates and any other Person who may do business with or own securities of Borrower, any Subsidiary, the Loan Parties or any Guarantorof their Affiliates, all as if it were not acting as Agent and without any duty to account therefor to the Lenders.

Rights of Agent as a Lender. With respect to its Commitment, the Loans made by it and the Notes Revolving Note issued to it, Davidson Kempner Service Company, LLC, or NationsBank (and any Affiliate thereof, successor acting as Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as Agent, and the term "Lender" or "Lenders" shall, unless the context otherwise indicates, include Agent in its individual capacity. Agent and its Affiliates may (without having to account therefor to any Lender) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, own securities of, and generally engage in any kind of banking, trust or other business with Borrowerwith, the Loan Parties or any of its Subsidiaries, any Guarantor, their Affiliates and any other Person who may do business with or own securities of Borrower, any Subsidiary, the Loan Parties or any Guarantorof their Affiliates, all as if it were not acting as Agent and without any duty to account therefor to the Lenders.

Rights of Agent as a Lender. With respect to its Commitment, the Loans made by it and the Notes Note issued to it, Davidson Kempner Service Company, LLC, or B of A (and any Affiliate thereof, successor acting as Agent) in its capacity as a Lender hereunder shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as the Agent, and the term "Lender" or "Lenders" 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 Lender) accept deposits from, lend money to, act as trustee under indentures of, provide merchant banking services to, own securities of, and generally engage in any kind of banking, trust or other business with Borrowerwith, the Loan Parties or any of its Subsidiaries, any Guarantor, their Affiliates and any other Person who may do business with or own securities of Borrower, any Subsidiary, the Loan Parties or any Guarantorof their Affiliates, all as if it were not acting as the Agent and without any duty to account therefor to the Lenders.