Common use of The Agent and Its Affiliates Clause in Contracts

The Agent and Its Affiliates. With respect to its Commitments, the Advances made or Letters of Credit issued by it, the Notes issued to it, and the Collateral, the Agent will have the same rights and powers under the Loan Documents as any other Lender and may exercise the same as though it were not the Agent; and the term "Lender" or "Lenders" will, unless otherwise expressly indicated, include the Agent in its individual capacity. The Agent and its Affiliates may accept deposits from, lend money to, act as trustee under indentures of, and generally engage in any kind of business with the Company or the Company's Affiliates and any Person who may do business with or own securities of the Company or the Company's Affiliates, all as if it were not the Agent and without any duty to account therefor to the Lenders.

The Agent and Its Affiliates. With respect to its Commitments, the Advances made or Letters of Credit issued by it, the Notes issued to it, and the Collateral, the Agent will have the same rights and powers under the Loan Documents as any other Lender and may exercise the same as though it were not the Agent; and the term "Lender" or "Lenders" will, unless otherwise expressly indicated, include the Agent in its individual capacity. The Agent and its Affiliates may accept deposits from, lend money to, act as trustee under indentures of, and generally engage in any kind of business with the Company or the Company's Affiliates and any Person who may do business with or own securities of the Company or the -89- 103 Company's Affiliates, all as if it were not the Agent and without any duty to account therefor to the Lenders.