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

The Agent in its Individual Capacity. With respect to its obligation to lend under this Agreement, the Loans made by it and the Notes issued to it, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note and may exercise the same as though it were not performing the duties specified herein; and the terms "Lenders", "Required Lenders", "holders of 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, financial advisory or other business with the Consolidated Companies or any affiliate of the Consolidated Companies as if it were not performing the duties specified herein, and may accept fees and other consideration from the Consolidated Companies for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Agent in its Individual Capacity. With respect to its ------------------------------------ obligation to lend under this Agreement, the Loans made by it and the Notes issued to it, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note and may exercise the same as though it were not performing the duties specified herein; and the terms "Lenders", "Required Lenders", "holders of 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, financial advisory or other business with the Consolidated Companies or any affiliate of the Consolidated Companies as if it were not performing the duties specified herein, and may accept fees and other consideration from the Consolidated Companies for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Agent in its Individual Capacity. With respect to In its obligation to lend under this Agreement, the Loans made by it and the Notes issued to itindividual capacity, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Revolving Note or participation interests and may exercise the same as though it were was not performing the duties specified herein; and the . The terms "Lenders," ", "Required Majority Lenders", ," "holders of Revolving Notes", ," or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Consolidated Companies Borrowers or any affiliate Affiliate of the Consolidated Companies Borrowers as if it were not performing the duties specified herein, and may accept fees and other consideration from the Consolidated Companies Borrowers for services in connection with this Credit Agreement and otherwise without having to account for the same to the Lenders.

The Agent in its Individual Capacity. With respect to its obligation to lend under this AgreementCommitment, the Loans made by it and the Note or Notes issued to it, the Agent in its individual capacity and not as Agent shall have the same rights and powers hereunder under the Credit Documents 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", or " and any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The 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 Consolidated Companies Borrower, any of its Subsidiaries or any affiliate of the Consolidated Companies their respective Affiliates as if it the Agent were not performing the agency duties specified herein, and may accept fees and other consideration from the Consolidated Companies any of them for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Loans made by it and the Notes issued to it, and its participation in Letters of Credit, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interests and may exercise the same as though it were was not performing the duties specified herein; and the terms "Lenders," ", "Required Majority Lenders", ," "holders of 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, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Consolidated Companies any Borrower or any affiliate Affiliate of the Consolidated Companies any Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from the Consolidated Companies any Borrower for services in connection with this Credit Agreement and otherwise without having to account for the same to the LendersLenders or any Issuing Bank.

The Agent in its Individual Capacity. With respect to its obligation to lend under this AgreementCommitment, ------------------------------------ the Loans made by it and the Note or Notes issued to it, the Agent in its individual capacity and not as Agent shall have the same rights and powers hereunder under the Credit Documents 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", or " and any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The 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 Consolidated Companies Borrower, Holdings, any of their Subsidiaries or any affiliate of the Consolidated Companies their respective Affiliates as if it the Agent were not performing the agency duties specified herein, and may accept fees and other consideration from the Consolidated Companies any of them for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Loans made by it and the Notes issued to it, and its participation in Letters of Credit, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interests and may exercise the same as though it were was not performing the duties specified herein; and the terms "Lenders," ", "Required Majority Lenders", ," "holders of 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, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Consolidated Companies any Borrower or any affiliate Affiliate of the Consolidated Companies any Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from the Consolidated Companies any Borrower for services in connection with this Credit Agreement and otherwise without having to account for the same to the LendersLenders or any Issuing Lender.

The Agent in its Individual Capacity. With respect to its obligation to lend under this Agreement, the Loans made by it and the Notes issued to it, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note and may exercise the same as though it were not performing the duties of Agent specified herein; and the terms "Lenders", ," "Required Lenders", ," "holders of 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, financial advisory or other business with the Consolidated Companies or any affiliate Affiliate of the Consolidated Companies as if it were not performing the duties specified hereinherein as Agent, and may accept fees and other consideration from the Consolidated Companies for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Agent in its Individual Capacity. With respect to In its obligation to lend under this Agreement, the Loans made by it and the Notes issued to itindividual capacity, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interests and may exercise the same as though it were was not performing the duties specified herein; and the . The terms "Lenders," ", "Required Majority Lenders", ," "holders of Notes", ," or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Consolidated Companies Borrowers or any affiliate Affiliate of the Consolidated Companies Borrowers as if it were not performing the duties specified herein, and may accept fees and other consideration from the Consolidated Companies Borrowers for services in connection with this Credit Agreement and otherwise without having to account for the same to the Lenders.

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Loans made by it and the Notes issued to it, and its participation in Letters of Credit, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interests and may exercise the same as though it were was not performing the duties specified herein; and the terms "“Lenders", "Required ,” “Majority Lenders", ",” “holders of 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, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Consolidated Companies any Borrower or any affiliate Affiliate of the Consolidated Companies any Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from the Consolidated Companies any Borrower for services in connection with this Credit Agreement and otherwise without having to account for the same to the LendersLenders or any Issuing Bank.

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

The Agent in its Individual Capacity. With respect to its obligation to lend under this AgreementCommitment, the Loans made by it, the Letters of Credit issued or participated in by it and the Note or Notes issued to it, the Agent in its individual capacity and not as Agent shall have the same rights and powers hereunder under the Credit Documents 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", or ” and any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The 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 Consolidated Companies Borrower, any of its Subsidiaries or any affiliate of the Consolidated Companies their respective Affiliates as if it the Agent were not performing the agency duties specified herein, and may accept fees and other consideration from the Consolidated Companies any of them for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

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

The Agent in its Individual Capacity. With respect to its obligation to lend under this Agreement, the Loans made by it and the Notes issued to it, and its participation in Letters of Credit, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interests and may exercise the same as though it were was not performing the duties specified herein; and the terms "“Lenders", "Required ,” “Majority Lenders", ",” “holders of 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, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Consolidated Companies Borrower or any affiliate Affiliate of the Consolidated Companies Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from the Consolidated Companies Borrower for services in connection with this Agreement and otherwise without having to account for the same to the LendersLenders or any Issuing Bank.

The Agent in its Individual Capacity. With respect to its obligation as a Lender to lend under this Agreement, the Loans made by it and the Notes issued to it, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note and may exercise the same as though it were not performing the duties of the Agent specified herein; and the terms "Lenders", ," "Required Lenders", ," "holders of Notes", ," or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent and its affiliates may accept deposits from, lend money toto (unless expressly prohibited by the terms of this Agreement), and generally engage in any kind of banking, trust, financial advisory or other business with the Consolidated Companies or any affiliate of the Consolidated Companies Borrower as if it were not performing the duties specified hereinherein as the Agent, and may accept fees and other consideration from the Consolidated Companies Borrower for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Agent in its Individual Capacity. With respect to its obligation to lend under this Agreement, the Loans made by it and the Notes issued to it, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note and may exercise the same as though it were not performing the duties specified herein; and the terms "Lenders", "Required Lenders", "holders of 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, financial advisory or other business with the Consolidated Companies or any affiliate of the Consolidated Companies as if it were not performing the duties specified herein, and may accept fees and other consideration from the Consolidated Companies for services in connection with this Agreement and otherwise without having to account for the same to the LendersLenders or the Issuing Bank.

The Agent in its Individual Capacity. With respect to its obligation to lend under this Agreement, the Loans made by it and the Notes issued to it, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note and may exercise the same as though it were not performing the duties specified herein; and the terms "Lenders", "Required Lenders", "holders Holders of 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, financial advisory or other business with the Consolidated Companies or any affiliate of the Consolidated Companies as if it were not performing the duties specified herein, and may accept fees and other consideration from the Consolidated Companies for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Agent in its Individual Capacity. With respect to its obligation to lend under this Agreement, the Loans made by it and the Notes Note issued to it, the Agent shall have the same rights and powers hereunder as any other Lender Bank or holder of a Note and may exercise the same as though it were not performing the duties specified herein; and the terms "LendersBanks", "Required LendersBanks", "holders of 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, financial advisory trust or other business with the Consolidated Companies Company or any affiliate of the Consolidated Companies Company as if it were not performing the duties specified herein, and may accept fees and other consideration from the Consolidated Companies Company for services in connection with this Agreement and otherwise without having to account for the same to the LendersBanks.

The Agent in its Individual Capacity. With respect to its obligation to lend under this Agreement, the Loans made by it and the Notes issued to it, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note and may exercise the same as though it were not performing the duties specified herein; and the terms "LendersLENDERS", "Required LendersREQUIRED LENDERS", "holders of NotesHOLDERS OF 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, financial advisory or other business with the Consolidated Companies or any affiliate of the Consolidated Companies as if it were not performing the duties specified herein, and may accept fees and other consideration from the Consolidated Companies for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

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

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

The Agent in its Individual Capacity. With respect to its obligation to lend under this Agreement, the Loans made by it and the Notes issued to it, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note and may exercise the same as though it were not performing the duties specified herein; and the terms "Lenders", "Required Re quired Lenders", "holders of 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, financial advisory or other business with the Consolidated Companies or any affiliate of the Consolidated Companies as if it were not performing the duties specified herein, and may accept fees and other consideration from the Consolidated Companies for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Agent in its Individual Capacity. With respect to its ------------------------------------ obligation to lend make Loans or issue or participate in Letters of Credit under this Agreement, the Loans made by it and the Notes issued to it, the Agent shall have the same rights and powers hereunder as any other Lender Bank, Issuing Bank or holder of a Note and may exercise the same as though it were not performing the duties specified herein; and the terms "Lenders", Banks," "Required LendersBanks," ", Issuing Banks," "holders of 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, financial advisory trust or other business with the Consolidated Companies Company or any affiliate of the Consolidated Companies Company as if it were not performing the duties specified herein, and may accept fees and other consideration from the Consolidated Companies Company for services in connection with this Agreement and otherwise without having to account for the same to the LendersBanks.

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Loans made by it and the Notes issued to it, the and its participation in Letters of Credit, each Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interests and may exercise the same as though it were was not performing the duties specified herein; and the terms "Lenders," ", "Required Majority Lenders", ," "holders of Notes", ," or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent Agents, and their Affiliates, may accept deposits from, lend money to, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Consolidated Companies any Borrower or any affiliate Affiliate of the Consolidated Companies any Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from the Consolidated Companies any Borrower for services in connection with this Credit Agreement and otherwise without having to account for the same to the LendersLenders or any Issuing Bank.

The Agent in its Individual Capacity. With respect to its obligation to lend under this Agreement, the Revolving Loans made by it and the Revolving Credit Notes issued to it, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Revolving Credit Note and may exercise the same as though it were not performing the duties of Agent specified herein; and the terms "Lenders", ," "Required Lenders", ," "holders of Revolving Credit 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, financial advisory or other business with the Consolidated Companies or any affiliate Affiliate of the Consolidated Companies as if it were not performing the duties specified hereinherein as Agent, and may accept fees and other consideration from the Consolidated Companies for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.