Common use of Administrative Agent in Individual Capacity Clause in Contracts

Administrative Agent in Individual Capacity. 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 the Company and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent hereunder, and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company or its Subsidiaries (including information that may be subject to confidentiality obligations in favor of the Company or such Subsidiary) and acknowledge that the Administrative Agent shall not be under any obligation to provide such information to them. With respect to its Loan, Bank of America and its Affiliates shall have the same rights and powers under this Agreement as any other Bank and may exercise such rights and powers as though it were not the Administrative Agent and the terms “Bank” and “Banks” include Bank of America and, to the extent applicable, its Affiliates in their individual capacities.

Administrative Agent in Individual Capacity. 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 the Company and its Subsidiaries Loan Parties and Affiliates as though Bank of America were was not the Administrative Agent hereunder, hereunder and without notice to or consent of the Banksany Lender. The Banks acknowledge Each Lender acknowledges that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company or its Subsidiaries Affiliates (including information that may be subject to confidentiality obligations in favor of the Company or such SubsidiaryAffiliate) and acknowledge that the Administrative Agent shall not be under any no obligation to provide such information to them. With respect to its LoanLoans (if any), Bank of America and its Affiliates shall have the same rights and powers under this Agreement as any other Bank Lender and may exercise such rights and powers the same as though it were Bank of America was not the Administrative Agent Agent, and the terms “BankLender” and “BanksLenders” include Bank of America andand its Affiliates, to the extent applicable, its Affiliates in their individual capacities.

Administrative Agent in Individual Capacity. 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 the Company and its Subsidiaries Loan Parties and Affiliates as though Bank of America were not the Administrative Agent hereunder, hereunder and without notice to or consent of the Banksany Lender. The Banks acknowledge Each Lender acknowledges that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company or its Subsidiaries Affiliates (including information that may be subject to confidentiality obligations in favor of the Company or such SubsidiaryAffiliate) and acknowledge that the Administrative Agent shall not be under any no obligation to provide such information to them. With respect to its Loantheir Loans (if any), Bank of America and its Affiliates shall have the same rights and powers under this Agreement as any other Bank Lender and may exercise such rights and powers the same as though it Bank of America were not the Administrative Agent Agent, and the terms “BankLender” and “BanksLenders” include Bank of America andand its Affiliates, to the extent applicable, its Affiliates in their individual capacities.

Administrative Agent in Individual Capacity. 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 each of the Company Credit Parties and its Subsidiaries and their respective Affiliates as though Bank of America were not the Administrative Agent hereunder, or the Issuing Bank hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company any Credit Party or its Subsidiaries Affiliates (including information that may be subject to confidentiality obligations in favor of the Company such Credit Party or such SubsidiaryAffiliate) and acknowledge that the Administrative Agent shall not be under any no obligation to provide such information to them. With respect to its LoanLoans, Bank of America and its Affiliates shall have the same rights and powers under this Agreement as any other Bank and may exercise such rights and powers as though it were not the Administrative Agent or the Issuing Bank, and the terms “Bank” and “Banks” include Bank of America and, to the extent applicable, in its Affiliates in their individual capacitiescapacity.

Administrative Agent in Individual Capacity. 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 the Company and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent hereunder, hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company or its Subsidiaries Affiliates (including information that may be subject to confidentiality obligations in favor of the Company or such SubsidiaryAffiliates) and acknowledge that the Administrative Agent shall not be under any no obligation to provide such information to them. With respect to its LoanLoans, Bank of America and its Affiliates shall have the same rights and powers under this Agreement as any other Bank and may exercise such rights and powers the same as though it were not the Administrative Agent Agent, and the terms “Bank” and “Banks” shall include Bank of America and, to the extent applicable, in its Affiliates in their individual capacitiescapacity.

Administrative Agent in Individual Capacity. 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 the Company and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent hereunderAgent, an Issuing Bank or the Swing Line Bank hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company or its Subsidiaries Affiliates (including information that may be subject to confidentiality obligations in favor of the Company or such SubsidiaryAffiliate) and acknowledge that the Administrative Agent shall not be under any no obligation to provide such information to them. With respect to its LoanLoans, Bank of America and its Affiliates shall have the same rights and powers under this Agreement as any other Bank and may exercise such rights and powers as though it were not the Administrative Agent Agent, and the terms “Bank” and “Banks” include Bank of America and, to the extent applicable, in its Affiliates in their individual capacitiescapacity.

Administrative Agent in Individual Capacity. 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 the Company and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent hereunder, hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company or its Subsidiaries Affiliates (including information that may be subject to confidentiality obligations in favor of the Company or such SubsidiaryAffiliates) and acknowledge that the Administrative Agent shall not be under any no obligation to provide such information to them. With respect to its LoanLoans, Bank of America and its Affiliates shall have the same rights and powers under this Agreement as any other Bank and may exercise such rights and powers the same as though it were not the Administrative Agent and the terms “Bank” and “Banks” include Bank of America and, to the extent applicable, its Affiliates in their individual capacities.Agent,

Administrative Agent in Individual Capacity. 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 the Company Borrowers and its their Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent hereunder, hereunder and without notice to or consent of the BanksLenders. The Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company or its Subsidiaries Borrowers, their Affiliates and Account Debtors (including information that may be subject to confidentiality obligations in favor of the Company Borrowers or such Subsidiary) and acknowledge that the Administrative Agent and Bank of America shall not be under any no obligation to provide such information to them. With respect to its LoanLoans, Bank of America and its Affiliates shall have the same rights and powers under this Agreement as any other Bank Lender and may exercise such rights and powers the same as though it were not the Administrative Agent Agent, and the terms “Bank” "Lender" and “Banks” "Lenders" include Bank of America and, to the extent applicable, in its Affiliates in their individual capacitiescapacity.

Administrative Agent in Individual Capacity. 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 the Company Borrower and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent hereunder, hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company Borrower or its Subsidiaries Affiliates (including information that may be subject to confidentiality obligations in favor of the Company Borrower or such SubsidiaryAffiliate) and acknowledge that the Administrative Agent shall not be under any no obligation to provide such information to them. With respect to its LoanLoans, Bank of America and its Affiliates shall have the same rights and powers under this Agreement as any other Bank and may exercise such rights and powers as though it were not the Administrative Agent Agent, and the terms “"Bank” " and “"Banks” " include Bank of America and, to the extent applicable, in its Affiliates in their individual capacitiescapacity.

Administrative Agent in Individual Capacity. 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 the Company and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent hereunderAgent, the Issuing Bank or the Swing Line Bank hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company or its Subsidiaries Affiliates (including information that may be subject to confidentiality obligations in favor of the Company or such SubsidiaryAffiliate) and acknowledge that the Administrative Agent shall not be under any no obligation to provide such information to them. With respect to its LoanLoans, Bank of America and its Affiliates shall have the same rights and powers under this Agreement as any other Bank and may exercise such rights and powers as though it were not the Administrative Agent Agent, and the terms “Bank” and “Banks” include Bank of America and, to the extent applicable, in its Affiliates in their individual capacitiescapacity.

Administrative Agent in Individual Capacity. 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 the Company and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent hereunder, hereunder and without notice to or consent of the BanksLenders. The Banks Lenders acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company or its Subsidiaries Affiliates (including information that may be subject to confidentiality obligations in favor of the Company or such SubsidiaryAffiliates) and acknowledge that the Administrative Agent shall not be under any no obligation to provide such information to them. With respect to its LoanLoans, Bank of America and its Affiliates any Affiliate thereof shall have the same rights and powers under this Agreement as any other Bank Lender and may exercise such rights and powers the same as though it Bank of America were not the Administrative Agent and the terms “Bank” and “Banks” include Bank of America and, to the extent applicable, its Affiliates in their individual capacitiesAgent.

Administrative Agent in Individual Capacity. The 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 the Company Borrowers and its their Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent hereunder, hereunder and without notice to or consent of the BanksLenders. The Banks acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company or its Subsidiaries Borrowers, their Affiliates and Account Debtors (including information that may be subject to confidentiality obligations in favor of the Company Borrowers or such Subsidiary) and acknowledge that the Administrative Agent and Bank of America shall not be under any no obligation to provide such information to them. With respect to its LoanLoans, Bank of America and its Affiliates shall have the same rights and powers under this Agreement as any other Bank Lender and may exercise such rights and powers the same as though it were not the Administrative Agent Agent, and the terms “Bank” "Lender" and “Banks” "Lenders" include Bank of America and, to the extent applicable, in its Affiliates in their individual capacitiescapacity.

Administrative Agent in Individual Capacity. 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 the Company Borrower and its Subsidiaries and Affiliates as though Bank of America were not the Administrative Agent hereunderAgent, Swing Line Lender, or an Issuing Lender hereunder and without notice to or consent of the BanksLenders. The Banks Lenders and participants acknowledge that, pursuant to such activities, Bank of America or its Affiliates may receive information regarding the Company Borrower or its Subsidiaries Affiliates (including information that may be subject to confidentiality obligations in favor of the Company Borrower or such SubsidiaryAffiliate) and acknowledge that the Administrative Agent shall not be under any no obligation to provide such information to them. With respect to its LoanLoans, Bank of America and its Affiliates shall have the same rights and powers under this Agreement as any other Bank Lender and may exercise such rights and powers the same as though it were not the Administrative Agent and the terms “Bank” and “Banks” include Bank of America andAgent, to the extent applicableSwing Line Lender, its Affiliates in their individual capacitiesor an Issuing Lender.