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

The Agent in its Individual Capacity. With respect to its obligation to make Revolving Loans under this Agreement; the Agent shall have the rights and powers specified herein for a "Bank" and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term "Banks," "Required Banks," "holders of Revolving Notes" or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with any Credit Party or any Affiliate of any Credit Party as if they were not performing the duties specified herein, and may accept fees and other consideration from the Borrower or any other Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the Banks.

The Agent in its Individual Capacity. With respect to ------------------------------------ its obligation to make Revolving Loans and participate in Letters of Credit under this Agreement; the , each Agent shall have the rights and powers specified herein for a "BankLender" and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term "BanksLenders," "Required BanksLenders," "holders of Revolving Notes" or any similar terms shall, unless the context clearly otherwise indicates, include the such Agent in its individual capacity. The Each Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with any Credit Party or any Affiliate of any Credit Party as if they were not performing the duties specified herein, and may accept fees and other consideration from the Borrower or any other Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the BanksLenders.

The Agent in its Individual Capacity. With respect to its obligation to make Revolving Loans under this Agreement; , the Agent shall have the rights and powers specified herein for a "BankLender" and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term "BanksLenders," "Required BanksLenders," "holders of Revolving Notes" or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with any Credit Party or any Affiliate of any Credit Party as if they it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower or any other Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the BanksLenders.

The Agent in its Individual Capacity. With respect to its obligation to make Revolving Loans and issue Letters of Credit under this Agreement; , the Agent shall have the rights and powers specified herein for a "Bank" and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term "Banks," "Required Banks," "holders of Revolving Notes" or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with any Credit Party or any Affiliate of any Credit Party as if they were not performing the duties specified herein, and may accept fees and other consideration from the Borrower or any other Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the Banks.

The Agent in its Individual Capacity. With respect to its ------------------------------------ obligation to make Revolving Loans under this Agreement; , the Agent shall have the rights and powers specified herein for a "BankLender" and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term "BanksLenders," "Required BanksLenders," "holders of Revolving Notes" or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with any Credit Party or any Affiliate of any Credit Party as if they it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower or any other Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the BanksLenders.

The Agent in its Individual Capacity. With respect to its obligation to make Revolving Loans or issue or participate in Letter of Credit under this Agreement; , the Agent shall have the rights and powers specified herein for a "Bank" and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term "Banks," "Required Banks," "holders of Revolving Notes" or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with any Credit Party or any Affiliate of any Credit Party as if they were not performing the duties specified herein, and may accept fees and other consideration from the Borrower or any other Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the Banks.

The Agent in its Individual Capacity. With respect to its obligation to make Revolving Term Loans under this Agreement; , the Agent shall have the rights and powers specified herein for a "Bank" and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term "Banks," "Required Banks," "holders of Revolving Term Notes" or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with any Credit Party or any Affiliate of any Credit Party as if they were not performing the duties specified herein, and may accept fees and other consideration from the Borrower Borrowers or any other Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the Banks.