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

The Agent in its Individual Capacity. In its individual capacity, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interest and may exercise the same as though it was not performing the duties specified herein. The terms “Lenders,” “Required Lenders,” “holders of Notes,” or any similar terms shall, unless the context clearly otherwise indicates, include Citibank 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 Borrowers or any Affiliate of the Borrowers as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrowers 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. In its individual capacity, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interest and may exercise the same as though it was not performing the duties specified herein. The terms “"Lenders,” “" "Required Lenders,” “" "holders of Notes,” " or any similar terms shall, unless the context clearly otherwise indicates, include Citibank NFBC 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 Borrowers Borrower or any Affiliate of the Borrowers Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrowers 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. In its individual capacity, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interest and may exercise the same as though it was not performing the duties specified herein. The terms “Lenders,” “Required Lenders,” “holders of Notes,” or any similar terms shall, unless the context clearly otherwise indicates, include Citibank NFBC 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 Borrowers Borrower or any Affiliate of the Borrowers Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrowers 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. In its individual capacity, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Revolving Credit Note or participation interest and may exercise the same as though it was not performing the duties specified herein. The terms “Lenders,” “Required Lenders,” “holders of Revolving Credit Notes,” or any similar terms shall, unless the context clearly otherwise indicates, include Citibank CitiCapital 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 Borrowers Borrower or any Affiliate of the Borrowers Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from the Borrowers Borrower for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.