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

The Agent in its Individual Capacity. With respect to its Revolving Credit Commitment, the Swingline Commitment, 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 under the Credit Documents as any other Lender and may exercise the same as though it were not performing the agency duties specified herein; and the term "Lenders," "Required Lenders," "holders of Notes" 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 Borrower, any of its Subsidiaries or any of their respective Affiliates as if the Agent were not performing the agency duties specified herein, and may accept fees and other consideration from

The Agent in its Individual Capacity. With respect to its Revolving obligation to lend under this Credit Commitment, the Swingline CommitmentAgreement, the Loans made by it, the Letters of Credit issued or participated in by it and the Note or Revolving Notes issued to it, and its participation in Letters of Credit issued hereunder, the Agent in its individual capacity and not as Agent shall have the same rights and powers under the Credit Documents 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 agency duties specified herein; and the term terms "Lenders," ", "Required Lenders," ", "holders of Revolving Notes" and ", 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, make investments acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower, any of its Subsidiaries Holdings or Borrower or any of their respective Affiliates Affiliate thereof as if the Agent it were not performing the agency duties specified herein, and may accept fees and other consideration fromfrom Borrower 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 Revolving Credit Commitment, the Swingline Commitment, 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 under the Credit Loan Documents as any other Lender and may exercise the same as though it were not performing the agency duties specified herein; and the term terms "Lenders," "Required Lenders," "holders of Notes" 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 Borrower, any of its Subsidiaries or any of their respective Affiliates as if the Agent were not performing the agency duties specified herein, and may accept fees and other consideration fromfrom 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 Revolving Credit Commitmentobligation to lend under this Agreement, the Swingline Commitment, the Loans Loan made by it, the Letters of Credit issued or participated in by it and the Revolving Credit Note or Notes issued to it, the Agent in its individual capacity and not as Agent shall have the same rights and powers under the Credit Documents hereunder as any other Lender or holder of a Revolving Credit Note and may exercise the same as though it were not performing the agency duties of Agent specified herein; and the term terms "Lenders," "Required Majority Lenders," "holders of Revolving Credit Notes," and "holders of Foreign Currency 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, make investments in, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower, any of its Subsidiaries Borrower or any Subsidiary of their respective Affiliates the Borrower as if the Agent it were not performing the agency duties specified hereinherein as Agent, and may accept fees and other consideration fromfrom the 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 Revolving ------------------------------------ obligation to lend under this Credit Commitment, the Swingline CommitmentAgreement, the Loans made by it, the Letters of Credit issued or participated in by it and the Note or Notes issued to it, and its participation in Letters of Credit, the Agent in its individual capacity and not as Agent shall have the same rights and powers under the Credit Documents 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 agency duties specified herein; and the term terms "Lenders," "Required Majority Lenders," "Super Majority Lenders," "holders of Notes," and 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, make investments acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower, any of its Subsidiaries Borrower or any Affiliate of their respective Affiliates any Borrower as if the Agent it were not performing the agency duties specified herein, and may accept fees and other consideration fromfrom any Borrower for services in connection with this Credit Agreement and otherwise without having to account for the same to the Lenders or any Issuing Lender.

The Agent in its Individual Capacity. With respect to its Revolving ------------------------------------ Credit Commitment, the Commitment and Swingline Commitment, 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 under the Credit Documents as any other Lender and may exercise the same as though it were not performing the agency duties specified herein; and the term terms "Lenders," "Required Lenders," "holders of Notes" 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 Borrower, any of its Subsidiaries or any of their respective Affiliates as if the Agent were not performing the agency duties specified herein, and may accept fees and other consideration fromfrom 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 Revolving obligation to lend under this Credit Commitment, the Swingline CommitmentAgreement, the Loans made by it, the Letters of Credit issued or participated in by it and the Note or Revolving Notes issued to it, and its participation in Letters of Credit issued hereunder, the Agent in its individual capacity and not as Agent shall have the same rights and powers under the Credit Documents 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 agency duties specified herein; and the term "terms “Lenders," "” “Required Lenders," "” “holders of Revolving Notes" and ,” 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, make investments acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower, any of its Subsidiaries Holding or any Affiliate of their respective Affiliates Holding as if the Agent it were not performing the agency duties specified herein, and may accept fees and other consideration fromfrom Holding for services in connection with this Credit Agreement and otherwise without having to account for the same to the Lenders.