Common use of The Administrative Agent in its Individual Capacity Clause in Contracts

The Administrative Agent in its Individual Capacity. With respect to its Commitment, the Loans made by it and the Note or Notes issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under the Credit Documents as any other Lender and may exercise the same as though it were not performing the agency duties specified herein; and the terms “Lenders,” “Required Lenders,” “holders of Notes” and any similar terms shall, unless the context clearly otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may accept deposits from, lend money to, make investments in, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower, any of its Subsidiaries or any of their respective Affiliates as if the Administrative Agent were not performing the agency duties specified herein, and may accept fees and other consideration from any of them for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Administrative Agent in its Individual Capacity. With respect to its CommitmentCommitments, the Loans made by it, the Letters of Credit issued or participated in by it and the Note or Notes issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under the Credit Documents as any other Lender and may exercise the same as though it were not performing the agency duties specified herein; and the terms “Lenders,” “Required Lenders,” “holders of Notes” and any similar terms shall, unless the context clearly otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may accept deposits from, lend money to, make investments in, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower, any of its Subsidiaries or any of their respective Affiliates as if the Administrative Agent were not performing the agency duties specified herein, and may accept fees and other consideration from any of them for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Administrative Agent in its Individual Capacity. With respect to its Commitment, The bank serving as the Loans made by it and the Note or Notes issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under the Credit Documents this Agreement and any other Loan Document in its capacity as a Lender as any other Lender and may exercise or refrain from exercising the same as though it were not performing the agency duties specified hereinAdministrative Agent; and the terms “Lenders,” ”, “Required Lenders,” ”, “Required Revolving Lenders”, “holders of Notes” and ”, or any similar terms shall, unless the context clearly otherwise indicates, include the bank serving as the Administrative Agent in its individual capacity. The bank acting as the Administrative Agent and its Affiliates may accept deposits from, lend money to, make investments in, act as the financial advisor or in any other advisory capacity for and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower, any of its Subsidiaries Borrower or any Subsidiary or Affiliate of their respective Affiliates the Borrower as if it were not the Administrative Agent were not performing the agency duties specified herein, hereunder and may accept fees and other consideration from without any of them for services in connection with this Agreement and otherwise without having duty to account for the same therefore to the Lenders.

The Administrative Agent in its Individual Capacity. With respect to its CommitmentCommitments, the Loans made by it and the Note Letters of Credit issued or Notes issued to participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under the Credit Documents as any other Lender and may exercise the same as though it were not performing the agency duties specified herein; and the terms “Lenders,” “Required Lenders,” “holders of Notes” and any similar terms shall, unless the context clearly otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may accept deposits from, lend money to, make investments in, and generally engage in any kind of banking, trust, financial advisory or other business with the BorrowerCompany, any of its Subsidiaries or any of their respective Affiliates as if the Administrative Agent were not performing the agency duties specified herein, and may accept fees and other consideration from any of them for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Administrative Agent in its Individual Capacity. With respect to its Commitment, the Loans made by it and the Note or Notes issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under the Credit Documents as any other Lender and may exercise the same as though it were not performing the agency duties specified herein; and the terms “Lenders,” “Required Lenders,” “holders Lenders,”“holders of Notes” and any similar terms shall, unless the context clearly otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may accept deposits from, lend money to, make investments in, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower, any of its Subsidiaries or any of their respective Affiliates as if the Administrative Agent were not performing the agency duties specified herein, and may accept fees and other consideration from any of them for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Administrative Agent in its Individual Capacity. With --------------------------------------------------- respect to its Commitmentobligation to make Loans under this Agreement, the Loans and with respect to any Loan held by it or made by it and the Note or Notes issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the rights and powers specified herein for a "Lender" and may exercise the same rights and powers under the Credit Documents as any other Lender and may exercise the same as though it were not performing the agency duties specified herein; and the terms “term "Lender," "Required Waiver Lenders,” “", "Required Acceleration Lenders,” “holders ", "holder of Notes” and Note" or any similar terms shall, unless the context clearly otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may accept deposits from, lend money to, make investments in, and generally engage in any kind of banking, trust, financial advisory trust or other business with the Borrower, any of its Subsidiaries Borrower or any Affiliate of their respective Affiliates the Borrower as if the Administrative Agent it were not performing the agency duties specified herein, and may accept fees and other consideration from any of them the Borrower for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Administrative Agent in its Individual Capacity. With respect to its Commitment, the Loans made by it and the Note or Notes issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under the Credit Documents as any other Lender and may exercise the same as though it were not performing the agency duties specified herein; and the terms “"Lenders,” “" "Required Lenders,” “" "holders of Notes” " and any similar terms shall, unless the context clearly otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may accept deposits from, lend money to, make investments in, and generally engage in any kind of banking, trust, financial advisory or other business with the any Borrower, any of its Subsidiaries or any of their respective Affiliates as if the Administrative Agent were not performing the agency duties specified herein, and may accept fees and other consideration from any of them for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Administrative Agent in its Individual Capacity. With respect --------------------------------------------------- to its Commitment, the Loans made by it and the Note or Notes issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under the Credit Documents as any other Lender and may exercise the same as though it were not performing the agency duties specified herein; and the terms “"Lenders,” “" "Required Lenders,” “" "holders of Notes” " and any similar terms shall, unless the context clearly otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may accept deposits from, lend money to, make investments in, to and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower, any of its Subsidiaries or any of their respective Affiliates as if the Administrative Agent were not performing the agency duties specified herein, and may accept fees and other consideration from any of them for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Administrative Agent in its Individual Capacity. With respect to its Commitment, the Loans made by it and the Note or Notes issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under the Credit Documents as any other Lender and may exercise the same as though it were not performing the agency duties specified herein; and the terms “Lenders,” “Required Lenders,” “holders of Notes” and any similar terms shall, unless the context clearly otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may accept deposits from, lend money to, make investments in, and generally engage in any kind of banking, trust, financial advisory or other business with the any Borrower, any of its Subsidiaries or any of their respective Affiliates as if the Administrative Agent were not performing the agency duties specified herein, and may accept fees and other consideration from any of them for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Administrative Agent in its Individual Capacity. With respect to its Commitment, the Loans made by it and the Note or Notes issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under the Credit Loan Documents as any other Lender and may exercise the same as though it were not performing the agency duties specified herein; and the terms “"Lenders,” “" "Required Lenders,” “" "holders of Notes” " and any similar terms shall, unless the context clearly otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may accept deposits from, lend money to, make investments in, to and generally engage in any kind of banking, trust, financial advisory or other business with the BorrowerBorrowers, any of its their Subsidiaries or any of their respective Affiliates as if the Administrative Agent were not performing the agency duties specified herein, and may accept fees and other consideration from any of them for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Administrative Agent in its Individual Capacity. With respect to its CommitmentCommitments, the Loans made by it and the Note Letters of Credit issued or Notes issued to participated in by it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under the Credit Documents as any other Lender and may exercise the same as though it were not performing the agency duties specified herein; and the terms “Lenders,” “Required Lenders,” “holders of Notes” and any similar terms shall, unless the context clearly otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may accept deposits from, lend money to, make investments in, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower, any of its Subsidiaries or any of their respective Affiliates as if the Administrative Agent were not performing the agency duties specified herein, and may accept fees and other consideration from any of them for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Administrative Agent in its Individual Capacity. With respect to its Commitmentobligation to make Loans under this Agreement, the Loans made by it and the Note or Notes issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under the Credit Documents as any other Lender specified herein for a "Lender" and may exercise the same rights and powers as though it were not performing the agency duties specified herein; and the terms “term "Lenders,” “" "Majority Lenders," "Required Lenders,” “holders " "Holders of Lender Notes” and " or any similar terms shall, unless the context clearly otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may accept deposits from, lend money to, make investments in, and generally engage in any kind of banking, trust, financial advisory trust or other business with the Borrower, any of its Subsidiaries or any of their respective Affiliates as if customary and usual for the Administrative Agent or its Affiliates with the Borrower or any Affiliate as if it were not performing the agency duties specified herein, and may accept fees and other consideration from any of them the Borrower for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Administrative Agent in its Individual Capacity. With respect to its Commitmentobligation to lend under this Agreement, the Loans made by it it, the Letters of Credit issued by it, and the Note or Notes issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under the Credit Documents hereunder as any other Lender or holder of a Note and may exercise the same as though it were not performing the agency duties specified herein; and the terms “"Lenders,” “", "Required Lenders,” “", "holders of Notes” and ", or any similar terms shall, unless the context clearly otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may accept deposits from, lend money to, make investments in, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower, any of its Subsidiaries Consolidated Companies or any affiliate of their respective Affiliates the Consolidated Companies as if the Administrative Agent it were not performing the agency duties specified herein, and may accept fees and other consideration from any of them the Consolidated Companies for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Administrative Agent in its Individual Capacity. With respect --------------------------------------------------- to its CommitmentCommitments, the Loans made by it and the Note or Notes issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under the Credit Documents as any other Lender and may exercise the same as though it were not performing the agency duties specified herein; and the terms “"Lenders,” “" "Required Lenders,” “" "holders of Notes” " and any similar terms shall, unless the context clearly otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may accept deposits from, lend money to, make investments in, to and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower, any of its Subsidiaries or any of their respective Affiliates as if the Administrative Agent were not performing the agency duties specified herein, and may accept fees and other consideration from any of them for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Administrative Agent in its Individual Capacity. With --------------------------------------------------- respect to its Commitmenttheir obligations under this Agreement, the Loans made by it and the Note or Notes issued to it, the Administrative Agent in its individual capacity and not as Administrative Agent shall have the same rights and powers under the Credit Documents hereunder as any other Lender or holder of a Note and may exercise the same as though it were not performing the agency duties duties, if any, specified herein; and the terms “"Lenders,” “Required " "Majority Lenders,” “" "holders of Notes” and " or any similar terms shall, unless the context clearly otherwise indicates, include the Administrative Agent in its individual capacity. The Administrative Agent and its Affiliates may accept deposits from, lend money to, make investments in, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower, any of its Subsidiaries Company or any affiliate of their respective Affiliates the Company as if the Administrative Agent it were not performing the agency duties duties, if any, specified herein, and may accept fees and other consideration from any of them the Company for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.