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, its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Loan Documents, 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 was 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, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with Borrower or any Affiliate of Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower for services in connection with this Agreement and otherwise without having to account for the same with 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, its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Loan Credit Documents, 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 was 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, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with Borrower the Credit Parties or any Affiliate of Borrower the Credit Parties as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower the Credit Parties for services in connection with this Credit Agreement and otherwise without having to account for the same with 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, its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Loan Credit Documents, 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 was 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, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with Borrower the Credit Parties or any Affiliate of Borrower the Credit Parties as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower the Credit Parties for services in connection with this Credit Agreement and otherwise without having to account for the same with the Lenders.

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Revolving Loans made by it and the Revolving Notes issued to it, it and its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Loan Documents, 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 was not performing the duties specified herein; and 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 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 Borrower the Borrowers or any Affiliate of any Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower for services in connection with this Credit Agreement and otherwise without having to account for the same with 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 Revolving Notes issued to it, and its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Loan Documents, 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 was not performing the duties specified herein; and the terms “"Lenders”, “," "Required 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 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 Borrower Holding or any Affiliate of Borrower Holding as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower Holding for services in connection with this Credit Agreement and otherwise without having to account for the same with 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 Revolving Credit Note issued to it, its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Loan Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Revolving Credit Note or participation interests and may exercise the same as though it was were not performing the duties of Agent specified herein; and the terms “"Lenders”, “Required ," "Majority 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 also exercise rights and remedies of the Swing Line Lender. 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 Borrower the Borrower, the Guarantors, the Consolidated Entities, or any Affiliate of the Borrower as if it were not performing the duties specified hereinherein as Agent, and may accept fees and other consideration from the Borrower for services in connection with this Agreement and otherwise without having to account for the same with to the Lenders.

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Revolving Loans made by it and the Revolving Notes issued to it, it and its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Loan Documents, 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 was not performing the duties specified herein; and 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 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 Borrower the Guarantor, the Borrowers or any Affiliate of Borrower thereof as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower the Guarantor and the Borrowers for services in connection with this Credit Agreement and otherwise without having to account for the same with 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, its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Loan Credit Documents, 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 was 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, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with Borrower the Borrowers or any Affiliate of Borrower the Borrowers as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower the Borrowers for services in connection with this Credit Agreement and otherwise without having to account for the same with 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 Revolving Credit Note and Term Note issued to it, its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Loan Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Revolving Credit Note or participation interests and Term Note and may exercise the same as though it was were not performing the duties of Agent specified herein; and the terms “"Lenders”, “Required ," "Majority Lenders”, “," "holders of Revolving Credit Notes”, ," "holders of Term Notes," or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent also may exercise the rights and remedies of the Swing Line Lender. 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 Borrower or any Affiliate Subsidiary of the Borrower as if it were not performing the duties specified hereinherein as Agent, and may accept fees and other consideration from the Borrower for services in connection with this Agreement and otherwise without having to account for the same with to the Lenders.

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Revolving Loans made by it and the Revolving Notes issued to it, and its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Loan Documents, 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 was not performing the duties specified herein; and 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 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 Borrower or any Affiliate of the Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower for services in connection with this Credit Agreement and otherwise without having to account for the same with 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 Credit, Acceptances created pursuant hereto issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Loan DocumentsForeign Exchange Contracts executed pursuant hereto, 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 was 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, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower or any Affiliate of the Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower for services in connection with this Credit Agreement and otherwise without having to account for the same with to the Lenders.