Common use of Agents in Their Individual Capacity Clause in Contracts

Agents in Their Individual Capacity. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, and any other Credit Party as though it were not an Agent hereunder and under the other Credit Documents. With respect to the Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, the Borrower and any other Credit Loan Party as though it such persons were not an Agent hereunder and under the other Credit Loan Documents. With respect to the Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each the Administrative Agent and the Collateral Agent in its their individual capacitycapacities.

Agents in Their Individual Capacity. Each Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, and the Borrower or any other Credit Party as though it such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans made by and Letters of Credit issued and all obligations owing to it, each an Agent shall have the same rights and powers under this Credit Agreement and the other Credit Documents as any Lender and may exercise the same as though it they were not an Agent, and the terms “"Lender” " and “"Lenders” " shall include each Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, the Borrower and any other Credit Party as though it such Agent were not an Agent hereunder and under the other Credit Loan Documents. With respect to the Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, either Borrower and any other Credit Party as though it such Agent were not an Agent hereunder and under the other Credit Loan Documents. With respect to the Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent of the Agents and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, and any other Credit Loan Party as though it such Agent were not an Agent hereunder and under the other Credit DocumentsAgent. With respect to the its Loans made or renewed by it, each Agent of the Agents shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each such Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, and the Borrower or any other Credit Party as though it such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans made by and Letters of Credit issued and all obligations owing to it, each an Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.Credit

Agents in Their Individual Capacity. Each Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, and any other Credit Party each Facility Borrower as though it were such Agent was not an Agent hereunder and under the other Credit Documentshereunder. With respect to the its Loans made or renewed by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender Bank and may exercise the same as though it were not an Agent, and the terms “Lender” "Bank" and “Lenders” "Banks" shall include each such Agent in its individual capacity.

Agents in Their Individual Capacity. Each Any Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, and any other Credit Loan Party as though it such Agent were not an Agent hereunder and under the other Credit Documentsagent hereunder. With respect to the its Loans made or renewed by it and with respect to any Letter of Credit issued or participated in by it, each an Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agentagent, and the terms “Lender” and “Lenders” shall include each such Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any the Parent, the Borrower, any Guarantor, Essex and any other Credit Party their respective Subsidiaries and Affiliates as though it such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans made by it and all Obligations owing to it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, Agent and the terms “"Lender” " and “"Lenders” " shall include each such Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, and any other Credit Loan Party as though it such Agent were not an Agent hereunder and under the other Credit Loan Documents. With respect to the Loans extensions of credit made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “"Lender” " and “"Lenders” " shall include each such Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, and a Borrower or any other Credit Party as though it such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans made by and Letters of Credit issued and all obligations owing to it, each an Agent shall have the same rights and powers under this Credit Agreement and the other Credit Documents as any Lender and may exercise the same as though it they were not an Agent, and the terms “"Lender” " and “Lenders” shall include each Agent in its individual capacity."

Agents in Their Individual Capacity. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrowerthe Parent, any Guarantor, the Borrower and any other Credit Party their respective Subsidiaries and Affiliates as though it such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans made by it and all Obligations owing to it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, Agent and the terms “"Lender” " and “"Lenders” " shall include each such Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent of the Agents and its their respective Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, and any other Credit Party Obligor as though it such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans Extensions of Credit made by it and all other obligations owed to it, each such Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “''Lender” '' and “''Lenders” '' shall include each Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, each Facility Borrower and any other Credit Party Foreign Subsidiary Borrower as though it were such Agent was not an Agent hereunder and under the other Credit Documentshereunder. With respect to the its Loans made or renewed by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender Bank and may exercise the same as though it were not an Agent, and the terms “Lender” "Bank" and “Lenders” "Banks" shall include each Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, and the Parent or any other Credit Party as though it such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans made by and Letters of Credit issued and all obligations owing to it, each an Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were was not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, the Borrower and any other Credit Party its Subsidiaries as though it such Agent were not an Agent hereunder under this Agreement and under the other Credit Loan Documents. With respect to the its Loans made or renewed by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “"Lender” " and “"Lenders” " shall include each Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent of the Agents and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, and any other the Credit Party Parties as though it such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the its Loans made or renewed by it and any Note issued to it, each Agent shall have the same rights and powers under this Credit Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.115

Agents in Their Individual Capacity. Each Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, and any other Credit Loan Party as though it such Agent were not an Agent hereunder and under the other Credit DocumentsAgent. With respect to the its Loans made or renewed by it, each Agent shall have the same rights it and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.with respect

Agents in Their Individual Capacity. Each Agent The Agents and its their Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, and any other the Credit Party Parties as though it the Agents were not an Agent the Agents hereunder and under the other Credit Loan Documents. With respect to the its Loans made or renewed by it and any Note issued to it, each the Administrative Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “"Lender” " and “"Lenders” " shall include each Agent of the Agents in its individual capacity.

Agents in Their Individual Capacity. Each Agent of the Agents and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, Loan Party or any Guarantor, and Affiliate of any other Credit Loan Party as though it such Agent were not an Agent hereunder and under without any duty to account therefor to the other Credit DocumentsLenders. With respect to the its Loans made or renewed by it, each Agent of the Agents shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each such Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent The Agents and its their Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or any Borrower, any Guarantor, and any other Credit Party Guarantor as though it the Agents were not an Agent Agents hereunder and under the other Credit DocumentsOperative Agreements. With respect to the its Loans made or renewed by it and any Note issued to it, each Agent the Agents shall have the same rights and powers under this Agreement and the other Credit Documents Operative Agreements as any Lender and may exercise the same as though it were not an Agent, and the terms “"Lender” " and “"Lenders” " shall include each Agent the Agents in its their individual capacity.

Agents in Their Individual Capacity. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrowerthe Parent, any Guarantor, the Borrowers and any other Credit Party their respective Subsidiaries and Affiliates as though it such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans made by it and all Obligations owing to it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, Agent and the terms “"Lender” " and “"Lenders” " shall include each such Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent and its respective Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, the Borrower and any the other Credit Party Loan Parties as though it such Agent were not an Agent hereunder and under the other Credit Loan Documents. With respect to the Acquisition Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “"Lender” " and “"Lenders” " shall include each Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent and its respective Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, the Borrower and any the other Credit Party Loan Parties as though it such Agent were not an Agent hereunder and under the other Credit Loan Documents. With respect to the Term Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “"Lender” " and “"Lenders” " shall include each Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent of the Agents in its individual capacity and its Affiliates the affiliates thereof may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, Seller Parties and any other Credit Party their Affiliates as though it such Agent were not an Agent hereunder and under one of the other Credit DocumentsAgents hereunder. With respect to the Loans made by itits Receivable Interests, if any, each Agent of the Agents shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender Purchaser and may exercise the same as though it were not an Agentone of the Agents, and the terms “LenderPurchaser” and “LendersPurchasers” shall include each Agent of the Agents in its individual capacity.

Agents in Their Individual Capacity. Each Agent and its respective Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, the Borrower and any the other Credit Party Loan Parties as though it such Agent were not an Agent hereunder and under the other Credit Loan Documents. With respect to the Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “"Lender” " and “"Lenders” " shall include each Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent and its Affiliates respective affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, and any other Credit Party the Borrower as though it were such Agent was not an Agent hereunder and under the other Credit Loan Documents. With respect to the Loans made or renewed by itsuch Agent, each such Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent of the Agents and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, and any other the Credit Party Parties as though it such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the its Loans made or renewed by it and any Note issued to it, each Agent shall have the same rights and powers under this Credit Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.it

Agents in Their Individual Capacity. Each Agent of the Agents and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, and any other Credit Party the Borrower as though it such Agent were not an Agent hereunder and under the other Credit DocumentsAgent. With respect to the its Loans made or renewed by it, each Agent of the Agents shall have the same rights and powers under this Agreement and the other Credit Financing Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each such Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent of the Agents and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, and any other the Credit Party Parties as though it such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the its Loans made or renewed by it and any Note issued to it, each Agent shall have the same rights and powers under this Credit Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent of the Agents and its their respective Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, and any other Credit Party Obligor as though it such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans Extensions of Credit made by it and all other obligations owed to it, each such Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, each Facility Borrower and any other Credit Party Foreign Subsidiary Borrower as though it were such Agent was not an Agent hereunder and under the other Credit Documentshereunder. With respect to the its Loans made or renewed by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Documents as any Lender Bank and may exercise the same as though it were not an Agent, and the terms “Lender” "Bank" and “Lenders” "Banks" shall include each such Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent and its respective Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, the Borrower and any the other Credit Party Loan Parties as though it such Agent were not an Agent hereunder and under the other Credit Loan Documents. With respect to the Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, and any other Credit Loan Party as though it such Agent were not an Agent hereunder and under the other Credit Loan Documents. With respect to the Loans Extensions of Credit made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “"Lender” " and “"Lenders” " shall include each such Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any the Borrower, any Guarantor, and any other Credit Loan Party as though it such Agent were not an Agent hereunder and under the other Credit Loan Documents. With respect to the Loans made by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, and the Borrower or any other Credit Party as though it such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans made by and all obligations owing to it, each an Agent shall have the same rights and powers under this Credit Agreement and the other Credit Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “"Lender” " and “Lenders” shall include each Agent in its individual capacity."

Agents in Their Individual Capacity. Each Agent The Agents and its their Affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, and any other the Credit Party Parties as though it the Agents were not an Agent the Agents hereunder and under the other Credit Loan Documents. With respect to the its Loans made or renewed by it and any Note issued to it, each the applicable Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender and may exercise the same as though it were not an Agent, and the terms “"Lender” " and “"Lenders” " shall include each Agent of the Agents in its individual capacity.

Agents in Their Individual Capacity. Each Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, and the Borrower or any other Credit Party as though it such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans made by and Letters of Credit issued and all obligations owing to it, each an Agent shall have the same rights and powers under this Credit Agreement and the other Credit Documents as any Lender and may exercise the same as though it they were not an Agent, and the terms “Lender” and “Lenders” shall include each Agent in its individual capacity.and

Agents in Their Individual Capacity. Each Any Agent and its Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, and any other Credit Loan Party as though it were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the its Loans made or renewed by it and with respect to any Letter of Credit issued by it, each Agent shall have the same rights and powers under this Agreement and the other Credit Loan Documents as any Lender Party and may exercise the same as though it were not an Agent, and the terms “Issuing Bank”, “Issuing Banks”, “Lender” and “Lenders” (in each case to the extent applicable) shall include each such Agent in its individual capacity.

Agents in Their Individual Capacity. Each Agent and its Affiliates ----------------------------------- affiliates may make loans to, accept deposits from and generally engage in any kind of business with any Borrower, any Guarantor, and the Parent or any other Credit Party as though it such Agent were not an Agent hereunder and under the other Credit Documentshereunder. With respect to the Loans made by and Letters of Credit issued and all obligations owing to it, each an Agent shall have the same rights and powers under this Credit Agreement and the other Credit Documents as any Lender and may exercise the same as though it were was not an Agent, and the terms “"Lender” " and “"Lenders” " shall include each Agent in its individual capacity.