Common use of Administrative Agent in Individual Capacity Clause in Contracts

Administrative Agent in Individual Capacity. KeyBank and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with Borrower and its Subsidiaries and Affiliates as though KeyBank were not Administrative Agent or Issuing Lender hereunder and without notice to or consent of Lenders. Lenders acknowledge that, pursuant to such activities, KeyBank or its Affiliates may receive information regarding Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of Borrower or such Affiliate) and acknowledge that Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, KeyBank shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not Administrative Agent or Issuing Lender.

Administrative Agent in Individual Capacity. KeyBank Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with Borrower and its Subsidiaries and Affiliates as though KeyBank Bank of America were not Administrative Agent or Issuing Lender hereunder and without notice to or consent of Lenders. Lenders acknowledge that, pursuant to such activities, KeyBank Bank of America or its Affiliates may receive information regarding Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of Borrower or such Affiliate) and acknowledge that Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, KeyBank Bank of America shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not Administrative Agent or Issuing Lender.

Administrative Agent in Individual Capacity. KeyBank Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with Borrower the Company and its Subsidiaries and Affiliates as though KeyBank Bank of America were not the Administrative Agent or Issuing Lender hereunder and Agent, in each case without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, KeyBank Bank of America or its Affiliates may receive information regarding Borrower the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of Borrower the Company or such an Affiliate) and acknowledge that Administrative Agent Bank of America and its Affiliates shall be under no obligation to provide such information to them. With respect to its Loans, KeyBank Bank of America (and any of its Affiliates which is or may become a Lender) shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent or Issuing LenderAgent.

Administrative Agent in Individual Capacity. KeyBank Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with Borrower and its Subsidiaries and Affiliates as though KeyBank Bank of America were not Administrative Agent or Issuing Lender hereunder and without notice to or consent of Lenders. Lenders and participants acknowledge that, pursuant to such activities, KeyBank Bank of America or its Affiliates may receive information regarding Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of Borrower or such Affiliate) and acknowledge that Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, KeyBank Bank of America shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not Administrative Agent or Issuing LenderAgent.

Administrative Agent in Individual Capacity. KeyBank Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any Borrower and its Subsidiaries and Affiliates as though KeyBank Bank of America were not the Administrative Agent or Issuing Lender hereunder and without notice to or consent of Lendersthe Banks. Lenders The Banks acknowledge that, pursuant to such activities, KeyBank Bank of America or its Affiliates may receive information regarding any Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of any Borrower or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, KeyBank Bank of America shall have the same rights and powers under this Agreement as any other Lender Bank and may exercise the same such rights and powers as though it were not the Administrative Agent or Issuing LenderAgent, and the terms “Bank” and “Banks” include Bank of America in its individual capacity.

Administrative Agent in Individual Capacity. KeyBank Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in in, and generally engage in any kind of banking, trust, financial advisory, underwriting underwriting, or other business with Borrower and its Subsidiaries and Affiliates as though KeyBank Bank of America were not Administrative Agent or Issuing Lender hereunder and without notice to or consent of Lenders. Lenders acknowledge Each Lender acknowledges that, pursuant to such activities, KeyBank Bank of America or its Affiliates may receive information regarding Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of Borrower or such AffiliateSubsidiary) and acknowledge that Administrative Agent Bank of America or such Affiliates shall be under no obligation to provide such information to themit. With respect to its Loans, KeyBank Bank of America shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not Administrative Agent or Issuing Agent, and the terms “Lender” and “Lenders” include Bank of America in its individual capacity.

Administrative Agent in Individual Capacity. KeyBank Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with Borrower the Company and its Subsidiaries and Affiliates as though KeyBank Bank of America were not the Administrative Agent or the Issuing Lender Bank hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, KeyBank Bank of America or its Affiliates may receive information regarding Borrower the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of Borrower the Company or such AffiliateSubsidiary) and acknowledge that Administrative Agent the Agent-Related Persons shall be under no obligation to provide such information to them. With respect to its Loans, KeyBank Bank of America shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent or Issuing LenderAgent.

Administrative Agent in Individual Capacity. KeyBank Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in in, and generally engage in any kind of banking, trust, financial advisory, underwriting underwriting, or other business with Borrower and its Subsidiaries and Affiliates as though KeyBank Bank of America were not Administrative Agent or Issuing Lender hereunder and without notice to or consent of Lenders. Lenders acknowledge Each Lender acknowledges that, pursuant to such activities, KeyBank Bank of America or its Affiliates may receive information regarding Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of Borrower or such AffiliateSubsidiary) and acknowledge that Administrative Agent Bank of America or such Affiliates shall be under no obligation to provide such information to themit. With respect to its LoansTerm Loan, KeyBank Bank of America shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not Administrative Agent or Issuing Agent, and the terms “Lender” and “Lenders” include Bank of America in its individual capacity.

Administrative Agent in Individual Capacity. KeyBank Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with Borrower Holdings and its Subsidiaries and Affiliates as though KeyBank Bank of America were not Administrative Agent or Issuing Lender hereunder and without notice to or consent of Lenders. Lenders acknowledge that, pursuant to such activities, KeyBank Bank of America or its Affiliates may receive information regarding Borrower Holdings or its Affiliates (including information that may be subject to confidentiality obligations in favor of Borrower Holdings or such Affiliate) and acknowledge that Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, KeyBank Bank of America shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not Administrative Agent or Issuing Lender.

Administrative Agent in Individual Capacity. KeyBank Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in in, and generally engage in any kind of banking, trust, financial advisory, underwriting underwriting, or other business with Borrower and its Subsidiaries and Affiliates as though KeyBank Bank of America were not Administrative Agent or Issuing Lender hereunder and without notice to or consent of Lenders. Lenders acknowledge Each Lender acknowledges that, pursuant to such activities, KeyBank Bank of America or its Affiliates may receive information regarding Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of Borrower or such AffiliateSubsidiary) and acknowledge that Administrative Agent shall be under no obligation to provide such information to themit. With respect to its Loans, KeyBank Bank of America shall have the same rights and powers under this Agreement as any other Lender bank and may exercise the same as though it were not Administrative Agent or Issuing Agent, and the terms "Lender" and "Lenders" include Bank of America in its individual capacity.

Administrative Agent in Individual Capacity. KeyBank Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with Borrower the Company and its Subsidiaries and Affiliates as though KeyBank Bank of America were not the Administrative Agent or Issuing Lender hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, KeyBank Bank of America or its Affiliates may receive information regarding Borrower the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of Borrower the Company or such AffiliateSubsidiary) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, KeyBank Bank of America shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent or Issuing LenderAgent.

Administrative Agent in Individual Capacity. KeyBank Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with Borrower the Company and its Subsidiaries and Affiliates as though KeyBank Bank of America were not the Administrative Agent or the Issuing Lender hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, KeyBank Bank of America or its Affiliates may receive information regarding Borrower the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of Borrower the Company or such AffiliateSubsidiary) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, KeyBank Bank of America shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent or the Issuing Lender.

Administrative Agent in Individual Capacity. KeyBank Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with Borrower the Company and its Subsidiaries and Affiliates as though KeyBank Bank of America were not the Administrative Agent or Issuing Lender hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, KeyBank Bank of America or its Affiliates may receive information regarding Borrower the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of Borrower the Company or such Affiliate) Subsidiary and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, KeyBank Bank of America shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the Administrative Agent or Issuing LenderAgent.

Administrative Agent in Individual Capacity. KeyBank Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with Borrower Borrowers and its their respective Subsidiaries and Affiliates as though KeyBank Bank of America were not Administrative Agent or the Issuing Lender hereunder and without notice to or consent of Lenders. Lenders acknowledge that, pursuant to such activities, KeyBank Bank of America or its Affiliates may receive information regarding Borrower Borrowers or its their Affiliates (including information that may be subject to confidentiality obligations in favor of Borrower Borrowers or such AffiliateSubsidiary) and acknowledge that Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, KeyBank Bank of America shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not Administrative Agent or the Issuing Lender.

Administrative Agent in Individual Capacity. KeyBank Bank of America and ------------------------------------------- its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with Borrower and its Subsidiaries and Affiliates as though KeyBank Bank of America were not Administrative Agent or Issuing Lender hereunder and without notice to or consent of Lenders. Lenders acknowledge that, pursuant to such activities, KeyBank Bank of America or its Affiliates may receive information regarding Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of Borrower or such Affiliate) and acknowledge that Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, KeyBank Bank of America shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not Administrative Agent or Issuing Lender.

Administrative Agent in Individual Capacity. KeyBank Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with Borrower the Company and its Subsidiaries and Affiliates as though KeyBank Bank of America were not the Administrative Agent or Issuing Lender the L/C Issuer hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, KeyBank Bank of America or its Affiliates may receive information regarding Borrower the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of Borrower the Company or such AffiliateSubsidiary) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, KeyBank Bank of America and any Affiliate thereof shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it Bank of America were not the Administrative Agent or Issuing Lenderthe L/C Issuer.

Administrative Agent in Individual Capacity. KeyBank Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with Borrower and its Subsidiaries and Affiliates as though KeyBank Bank of America were not Administrative Agent or Issuing Lender hereunder and without notice to or consent of Lenders. Lenders acknowledge that, pursuant to such activities, KeyBank Bank of America or its Affiliates may receive information regarding Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of Borrower or such Affiliate) and acknowledge that Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, KeyBank Bank of America shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not Administrative Agent or Issuing Lender, and the terms "Lender" and "Lenders" include Bank of America in its individual capacity.

Administrative Agent in Individual Capacity. KeyBank Bank of America and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with Borrower and its Subsidiaries and Affiliates as though KeyBank Bank of America were not Administrative Agent or Issuing Lender hereunder and without notice to or consent of Lenders. Lenders acknowledge that, pursuant to such activities, KeyBank Bank of America or its Affiliates may receive information regarding Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of Borrower or such Affiliate) and acknowledge that Administrative Agent shall be under no obligation to provide such information to them. With respect to its Loans, KeyBank Bank of America shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not Administrative Agent or Issuing LenderAgent.