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

The Administrative Agent in its Individual Capacity. With respect to its obligation to make Loans, or issue or participate in Letters of Credit, under this Agreement, the Administrative Agent shall have the rights and powers specified herein for a “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “Lender,” “Required Lenders,” “Required Revolving Lenders” or any similar terms shall, unless the context clearly indicates otherwise, include the Administrative Agent in its respective individual capacities. The Administrative Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to any Loan Party or any Affiliate of any Loan Party (or any Person engaged in a similar business with any Loan Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Loan Party or any Affiliate of any Loan Party 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 obligation to make Loans, Loans or issue or participate in Letters of Credit, Credit under this Agreement, the Administrative Agent shall have the rights and powers specified herein for a “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “Lender,” ”, “Required Lenders,” ”, “Required Revolving holders of Notes”, “Supermajority Lenders” or any similar terms shall, unless the context clearly indicates otherwise, include the Administrative Agent in its respective individual capacitiescapacity. The Administrative Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to any Loan Credit Party or any Affiliate of any Loan Credit Party (or any Person engaged in a similar business with any Loan Credit Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Loan Credit Party or any Affiliate of any Loan Credit Party 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 obligation to make Loans, or issue or participate in Letters of Credit, under this Agreement, the Administrative Agent shall have the rights and powers specified herein for a “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “Lender,” “Required Lenders,” “Required Revolving Majority Lenders” “holders of Notes” or any similar terms shall, unless the context clearly indicates otherwise, include the Administrative Agent in its respective individual capacities. The Administrative Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to any Loan Credit Party or any Affiliate of any Loan Credit Party (or any Person engaged in a similar business with any Loan Credit Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Loan Credit Party or any Affiliate of any Loan Credit Party 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 obligation to make Revolving Loans, or issue or participate in Letters of Credit, under this Agreement, the Administrative Agent shall have the rights and powers specified herein for a “Lender” "Bank" and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “Lender"Banks,” “" "Required LendersBanks,” “Required Revolving Lenders” " "holders of Notes" or any similar terms shall, unless the context clearly indicates otherwiseotherwise indicates, include the Administrative Agent in its respective individual capacities. The Administrative Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to to, any Loan Credit Party or any Affiliate of any Loan Credit Party (or any Person engaged in a similar business with any Loan Credit Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Loan Credit Party or any Affiliate of any Loan Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the LendersBanks.

The Administrative Agent in its Individual Capacity. With respect to its obligation to make Revolving Loans, or issue or participate in Letters of Credit, under this Agreement, the Administrative Agent shall have the rights and powers specified herein for a “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “Lender,” “Required Lenders,” “Required holders of Revolving LendersNotes” or any similar terms shall, unless the context clearly indicates otherwise, include the Administrative Agent in its respective individual capacities. The Administrative Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to any Loan Credit Party or any Affiliate of any Loan Credit Party (or any Person engaged in a similar business with any Loan Credit Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Loan Credit Party or any Affiliate of any Loan Credit Party 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 obligation to make Loans, or issue or participate in Letters of Credit, under this Agreement, the Administrative Agent shall have the rights and powers specified herein for a “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “Lender,” Lenders”, “Required Lenders,” ”, “Required Revolving Majority Lenders”, “Majority Grid Lenders”, “holders of Notes” or any similar terms shall, unless the context clearly indicates otherwiseotherwise indicates, include the Administrative Agent in its respective individual capacitiescapacity. The Administrative Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to with any Loan Credit Party or any Affiliate of any Loan Credit Party (or any Person engaged in a similar business with any Loan Credit Party or any Affiliate thereof) as if they it were not performing the duties specified herein, and may accept fees and other consideration from any Loan Party the Borrower or any Affiliate of any Loan other Credit Party 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 obligation to make Loans, or issue or participate in Letters of Credit, under this Agreement, the Administrative Agent shall have the rights and powers specified herein for a “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “Lender,” “Required Lenders,” “Required Revolving Lendersholders of Notes” or any similar terms shall, unless the context clearly indicates otherwise, include the Administrative Agent in its respective individual capacities. The Administrative Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to any Loan Party the Borrower or any Affiliate of any Loan Party the Borrower (or any Person engaged in a similar business with any Loan Party the Borrower or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Loan Party the Borrower or any Affiliate of any Loan Party 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 obligation to make Loans, or issue or participate in Letters of Credit, under this Agreement, the Administrative Agent shall have the rights and powers specified herein for a “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “Lender,” “Required Lenders,” “Required Revolving Lenders” or any similar terms shall, unless the context clearly indicates otherwise, include the Administrative Agent in its respective individual capacities. The Administrative Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to any Loan Party or any Affiliate of any Loan Party (or any Person engaged in a similar business Similar Business with any Loan Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Loan Party or any Affiliate of any Loan Party 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 obligation to make Loans, or issue or participate in Letters of Credit, under this Agreement, the Administrative Agent shall have the rights and powers specified herein for a “Lender” and may exercise the same rights and powers as though it were not performing the Administrative Agent duties specified herein; and the term “Lender,” “Required Lenders,” “Required Revolving Lendersholders of Notes” or any similar terms shall, unless the context clearly indicates otherwise, include the Administrative Agent in its respective individual capacities. The Administrative Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to any Loan Credit Party or any Affiliate of any Loan Credit Party (or any Person engaged in a similar business with any Loan Credit Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Loan Credit Party or any Affiliate of any Loan Credit Party 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 obligation to make Loans, or issue or participate in Letters of Credit, under this Agreement, the Administrative Agent shall have the rights and powers specified herein for a “Lender” and may exercise the same rights and powers as though it were not performing the Administrative Agent duties specified herein; and the term “Lender,” “Required Majority Lenders,” “Required Revolving Lenders” or any similar terms shall, unless the context clearly indicates otherwise, include the Administrative Agent in its respective individual capacities. The Administrative Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to any Loan Credit Party or any Affiliate of any Loan Credit Party (or any Person engaged in a similar business with any Loan Credit Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Loan Credit Party or any Affiliate of any Loan Credit Party 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 obligation to make Revolving Loans, or issue or participate in Letters of Credit, under this Agreement, the Administrative Agent shall have the rights and powers specified herein for a “"Lender” " and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “"Lender,” “" "Required Lenders,” “Required " "holders of Revolving Lenders” Notes" or any similar terms shall, unless the context clearly indicates otherwise, include the Administrative Agent in its respective individual capacities. The Administrative Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to any Loan Credit Party or any Affiliate of any Loan Credit Party (or any Person engaged in a similar business with any Loan Credit Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Loan Credit Party or any Affiliate of any Loan Credit Party 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 obligation to make Loans, or issue or participate in Letters of Credit, under this Agreement, the Administrative each Agent shall have the rights and powers specified herein for a “"Lender” " and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “"Lender,” “" "Required Lenders,” “Required Revolving " "Majority Lenders” ," "holders of Notes" or any similar terms shall, unless the context clearly indicates otherwise, include the Administrative each Agent in its respective individual capacities. The Administrative Each Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to any Loan Credit Party or any Affiliate of any Loan Credit Party (or any Person engaged in a similar business with any Loan Credit Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Loan Credit Party or any Affiliate of any Loan Credit Party 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 obligation to make Loans, or issue or participate in Letters of Credit, under this Agreement, the Administrative Agent shall have the rights and powers specified herein for a “Lender” "Bank" and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “Lender"Banks,” “" "Required LendersBanks,” “Required Revolving Lenders” " "holders of Notes" or any similar terms shall, unless the context clearly indicates otherwiseotherwise indicates, include the Administrative Agent in its respective individual capacitiescapacity. The Administrative Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to to, any Loan Credit Party or any Affiliate of any Loan Credit Party (or any Person engaged in a similar business -77- with any Loan Credit Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Loan Credit Party or any Affiliate of any Loan Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the LendersBanks.

The Administrative Agent in its Individual Capacity. With respect to its obligation to make Loans, or issue or participate in Letters of Credit, under this Agreement, the Administrative Agent shall have the rights and powers specified herein for a “"Lender” " and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “"Lender,” “" "Required Lenders,” “Required Revolving Lenders” " "holders of Notes" or any similar terms shall, unless the context clearly indicates otherwiseotherwise indicates, include the Administrative Agent in its respective individual capacities. The Administrative Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to to, any Loan Credit Party or any Affiliate of any Loan Credit Party (or any Person engaged in a similar business with any Loan Credit Party or any Affiliate thereof) as if they it were not performing the duties specified herein, and may accept fees and other consideration from any Loan Credit Party or any Affiliate of any Loan Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the LendersLender.

The Administrative Agent in its Individual Capacity. With respect to its obligation to make Loans, or issue or participate in Letters of Credit, under this Agreement, the Administrative Agent shall have the rights and powers specified herein for a “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “Lender,” “Required Lenders,” “Required Revolving Lenders” or any similar terms shall, unless the context clearly indicates otherwise, include the Administrative Agent in its respective individual capacities. The Administrative Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to any Loan Party or any Affiliate of any Loan Party (or any Person engaged in a similar business with any Loan Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Loan Party or any Affiliate of any Loan Party for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.. Table of Contents

The Administrative Agent in its Individual Capacity. With respect to its obligation to make Loans, or issue or participate in Letters of Credit, under this Agreement, the Administrative Agent shall have the rights and powers specified herein for a “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term “Lender,” ”, “Required Lenders,” ”, “Required Revolving Majority Lenders”, “holders of Notes” or any similar terms shall, unless the context clearly indicates otherwiseotherwise indicates, include the Administrative Agent in its respective individual capacitiescapacity. The Administrative Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to to, any Loan Credit Party or any Affiliate of any Loan Credit Party (or any Person engaged in a similar business with any Loan Credit Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from any Loan Credit Party or any Affiliate of any Loan Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.