Common use of The Agent Individually Clause in Contracts

The Agent Individually. With respect to its Commitments, the Advances made available by it and the Credit Documents to which it is a party and its acting as a Canadian Issuing Lender, US Issuing Lender, Canadian Swingline Lender and US Swingline Lender, CIBC and CIBC US will have the same rights and powers hereunder as any other Lender and may exercise such rights and powers as though it were not the Agent, and the term “Lenders” will, unless the context clearly otherwise indicates, includes both CIBC and CIBC US in their individual capacities. It is understood and agreed by all of the Lenders that CIBC and CIBC US, either directly or through their Affiliates, from time to time accept deposits from, lend money to, provide underwriting, consulting and advisory services to, and generally engage in banking, securities, advisory and other related and ancillary businesses with the Obligors and their Affiliates otherwise than as a Lender under the Credit Documents and may continue to do so as if CIBC were not the Agent under the Credit Documents and will have no duty to account to any of the Lenders with respect to any such dealings.

The Agent Individually. With respect to its Commitments, the Advances made available by it and the Credit Documents to which it is a party and its acting as a Canadian Issuing Lender, US Issuing Lender, the LC Lender, Canadian Swingline Lender and US Swingline Lender, CIBC and CIBC US will have the same rights and powers hereunder as any other Lender and may exercise such rights and powers as though it were not the Agent, and the term “Lenders” will, unless the context clearly otherwise indicates, includes both CIBC and CIBC US in their individual capacitiescapacity. It is understood and agreed by all of the Lenders that CIBC and CIBC US, either directly or through their Affiliates, from time to time accept deposits from, lend money to, provide underwriting, consulting and advisory services to, and generally engage in banking, securities, advisory and other related and ancillary businesses with the Obligors and their Affiliates otherwise than as a Lender under the Credit Documents and may continue to do so as if CIBC were not the Agent under the Credit Documents and will have no duty to account to any of the Lenders with respect to any such dealings.

The Agent Individually. With respect to its Commitments, the Advances made available by it and the Credit Documents to which it is a party and its acting as a Canadian Issuing Lender, US Issuing Lender, Canadian Swingline Lender and US Swingline Lender, CIBC and CIBC US will have the same rights and powers hereunder as any other Lender and may exercise such rights and powers as though it were not the Agent, and the term “Lenders” will, unless the context clearly otherwise indicates, includes both CIBC and CIBC US in their its individual capacitiescapacity. It is understood and agreed by all of the Lenders that CIBC and CIBC USCIBC, either directly or through their its Affiliates, from time to time accept deposits from, lend money to, provide underwriting, consulting and advisory services to, and generally engage in banking, securities, advisory and other related and ancillary businesses with the Obligors and their Affiliates otherwise than as a Lender under the Credit Documents and may continue to do so as if CIBC were not the Agent under the Credit Documents and will have no duty to account to any of the Lenders with respect to any such dealings.

The Agent Individually. With respect to its Commitments, the Advances made available by it CIBC and the Credit Documents to which it is a party and its acting as a Canadian Issuing Lender, a US Issuing Lender, the LC Lender, the Canadian Swingline Lender and or the US Swingline Lender, CIBC and CIBC US will have the same rights and powers hereunder as any other Lender and may exercise such rights and powers as though it were not the Agent, and the term “Lenders” will, unless the context clearly otherwise indicates, includes both CIBC and CIBC US in their its individual capacitiescapacity. It is understood and agreed by all of the Lenders that CIBC and CIBC USCIBC, either directly or through their its Affiliates, from time to time accept deposits from, lend money to, provide underwriting, consulting and advisory services to, and generally engage in banking, securities, advisory and other related and ancillary businesses with the Obligors and their Affiliates otherwise than as a Lender under the Credit Documents and may continue to do so as if CIBC were not the Agent under the Credit Documents and will have no duty to account to any of the Lenders with respect to any such dealings.