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 Loans and participate in Letters of Credit under this Agreement (if any), 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 “Lenders,” “Required Lenders,” “holders of Notes” or any similar terms shall, unless the context clearly otherwise indicates, include such Agent in its individual capacity. 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 Credit Party or any Affiliate of any Credit Party (or any Person engaged in a similar business with any 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 Credit Party or any Affiliate of any Credit Party 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 make Loans and Loans, or issue or participate in Letters of Credit Credit, under this Agreement (if any)Agreement, each the 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 “Lenders"Banks,” “" "Required LendersBanks,” “" "holders of Notes” " or any similar terms shall, unless the context clearly otherwise indicates, include such the Agent in its individual capacity. Each The 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 Credit Party or any Affiliate of any Credit Party (or any Person engaged in a similar business with any 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 Credit Party or any Affiliate of any Credit Party 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 make Loans and participate in Letters of Credit under this Agreement (if any)Term Loans, each 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 “Lenders,” “Required Lenders,” “holders of Term Notes” or any similar terms shall, unless the context clearly otherwise indicatesindicates otherwise, include such the Administrative Agent in its individual capacityrespective capacities. 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 Credit Party or any Affiliate of any Credit Party (or any Person engaged in a similar business with any 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 Credit Party or any Affiliate of any Credit Party 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 make Loans and Loans, or issue or participate in Letters of Credit Credit, under this Agreement (if any)Agreement, each the 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 “LendersLender,” “Required Requisite Lenders,” “holders of Notes” or any similar terms shall, unless the context clearly otherwise indicatesindicates otherwise, include such the Agent in its respective individual capacitycapacities. Each The 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 Credit Loan Party or any Affiliate of any Credit Loan Party (or any Person engaged in a similar business with any Credit 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 Credit Loan Party or any Affiliate of any Credit Loan Party 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 make Loans and participate in Letters of Credit under this Agreement (if any)Term Loans, each 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 “Lenders,” “Required Lenders,” “holders of Term Notes” or any similar terms shall, unless the context clearly otherwise indicatesindicates otherwise, include such the Administrative Agent in its individual capacityrespective capacities. Each 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 Credit Party or any Affiliate of any Credit Party (or any Person engaged in a similar business with any 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 Credit Party or any Affiliate of any Credit Party 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 make Loans and participate in Letters of Credit under this Agreement (if any)Agreement, 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 “"Lenders,” “" "Required Lenders,” “" "Supermajority Lenders," "holders of Notes” " or any similar terms shall, unless the context clearly otherwise indicates, include such Agent in its individual capacity. 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 with any Credit Party or any Affiliate of any Credit Party (or any Person engaged in a similar business with any 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 Credit Party the Borrowers or any Affiliate of any other Credit Party 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 make Loans and Loans, or issue or participate in Letters of Credit Credit, under this Agreement (if any)Agreement, each the 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 “Lenders"Banks,” “" "Required LendersBanks,” “" "Supermajority Banks," "holders of Notes” " or any similar terms shall, unless the context clearly otherwise indicates, include such the Agent in its respective individual capacitycapacities. Each The 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 Credit Party or any Affiliate of any Credit Party (or any Person engaged in a similar business with any 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 Credit Party or any Affiliate of any Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the LendersBanks.