Common use of Lender in Individual Capacity Clause in Contracts

Lender in Individual Capacity. Any Lender and its respective 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 Subsidiary Borrower and its Subsidiaries and Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents as though such Lender were not a Lender hereunder without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, such Lender and its respective Affiliates may receive information regarding Subsidiary Borrower or its Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents that is subject to confidentiality obligations in favor of Subsidiary Borrower or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver such Lender will use its reasonable best efforts to obtain), such Lender not shall be under any obligation to provide such information to them. With respect to the Swing Loans and Agent Advances, Swing 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 sub-agent of Agent.

Lender in Individual Capacity. Any Lender and its respective 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 Subsidiary Borrower and its any of the Obligors or their Subsidiaries and or Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents as though such Lender were not a Lender hereunder without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, such Lender and its respective Affiliates may receive information regarding Subsidiary Borrower the Obligors or its their Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents that is subject to confidentiality obligations in favor of Subsidiary Borrower the Obligors or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver such Lender will use its reasonable best efforts to obtain), such Lender not shall be under any obligation to provide such information to them. With respect to the Swing Loans and Agent Advances, Swing 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 sub-agent of Agent.

Lender in Individual Capacity. Any Lender and its respective 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 Subsidiary Borrower the Loan Parties and its their respective Subsidiaries and Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents as though such Lender were not a Lender hereunder without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, such Lender and its respective Affiliates may receive information regarding Subsidiary Borrower the Loan Parties or its their respective Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents that is subject to confidentiality obligations in favor of Subsidiary Borrower their respective or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver such Lender will use its reasonable best efforts to obtain), such Lender not shall be under any obligation to provide such information to them. With respect to the Swing Loans and Agent Advances, Swing 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 sub-agent of Agent.

Lender in Individual Capacity. Any Lender and its respective ----------------------------- 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 Subsidiary Borrower Borrowers and its their Subsidiaries and Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents as though such Lender were not a Lender hereunder without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, such Lender and its respective Affiliates may receive information regarding Subsidiary Borrower Borrowers or its their Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents that is subject to confidentiality obligations in favor of Subsidiary Borrower Borrowers or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver such Lender will use its reasonable best efforts to obtain), such Lender shall not shall be under any obligation to provide such information to them. With respect to the Swing Loans and Agent Advances, Swing 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 sub-agent of the Agent.

Lender in Individual Capacity. Any Lender and its respective ----------------------------- 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 Subsidiary Borrower and its Subsidiaries and Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents as though such Lender were not a Lender hereunder without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, such Lender and its respective Affiliates may receive information regarding Subsidiary Borrower or its Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents that is subject to confidentiality obligations in favor of Subsidiary Borrower or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver such Lender will use its reasonable best efforts to obtain), such Lender not shall be under any obligation to provide such information to them. With respect to the Swing Loans and Agent Advances, Swing 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 sub-agent of Agent.

Lender in Individual Capacity. Any Lender and its respective 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 underwriting, or other business with Subsidiary Borrower Parent, Borrower, Borrower’s Subsidiaries, and its Subsidiaries Parent’s and Borrower’s Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents as though such Lender were not a Lender hereunder without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, such Lender and its respective Affiliates may receive information regarding Subsidiary Borrower Parent, Borrower, or its Parent’s or Borrower’s Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents that is subject to confidentiality obligations in favor of Subsidiary Borrower or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver such Lender will use its reasonable best efforts to obtain), such Lender shall not shall be under any obligation to provide such information to them. With respect to the Swing Loans and Agent Protective Advances, Swing 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 sub-agent of Agent.

Lender in Individual Capacity. Any Lender and its respective 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 Subsidiary Borrower and its Subsidiaries and Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents as though such Lender were not a Lender hereunder without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, such Lender and its respective Affiliates may receive information regarding Subsidiary Borrower or its Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents that is subject to confidentiality obligations in favor of Subsidiary Borrower or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver such Lender will use its reasonable best efforts to obtain), such Lender shall not shall be under any obligation to provide such information to them. With respect to the Swing Loans and Agent Advances, Swing 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 sub-agent of Administrative Agent.

Lender in Individual Capacity. Any Lender and its respective 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 underwriting, or other business with Subsidiary Borrower Parent, Borrower, Borrower's Subsidiaries, and its Subsidiaries Parent's and Borrower's Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents as though such Lender were not a Lender hereunder without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, such Lender and its respective Affiliates may receive information regarding Subsidiary Borrower Parent, Borrower, or its Parent's or Borrower's Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents that is subject to confidentiality obligations in favor of Subsidiary Borrower or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver such Lender will use its reasonable best efforts to obtain), such Lender shall not shall be under any obligation to provide such information to them. With respect to the Swing Loans and Agent Protective Advances, Swing 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 sub-agent of Agent.

Lender in Individual Capacity. Any Lender and its respective ----------------------------- 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 Subsidiary Borrower Borrowers and its their Subsidiaries and Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents as though such Lender were not a Lender hereunder without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, such Lender and its respective Affiliates may receive information regarding Subsidiary Borrower Borrowers or its their Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents that is subject to confidentiality obligations in favor of Subsidiary Borrower Borrowers or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver such Lender will use its reasonable best efforts to obtain), such Lender not shall be under any obligation to provide such information to them. With respect to the Swing Loans and Agent Advances, Swing 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 sub-sub agent of the Agent.

Lender in Individual Capacity. Any Lender and its respective 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 Subsidiary any Borrower and its Subsidiaries and Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents as though such Lender were not a Lender hereunder without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, such Lender and its respective Affiliates may receive information regarding Subsidiary any Borrower or its Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents that is subject to confidentiality obligations in favor of Subsidiary any Borrower or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver such Lender will use its reasonable best efforts to obtain), such Lender not shall be under any obligation to provide such information to them. With respect to the Swing Loans and Agent Advances, Swing 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 sub-agent of Agent.

Lender in Individual Capacity. Any Lender and its respective 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 Subsidiary Borrower Borrowers and its Guarantors, their Subsidiaries and Affiliates Affiliates, and any other Person (other than the Lender Group) party to any Irish Loan Documents as though such Lender were not a Lender hereunder without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, such Lender and its respective Affiliates may receive information regarding Subsidiary Borrower Borrowers, Guarantors, or its their Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents that is subject to confidentiality obligations in favor of Subsidiary Borrower Borrowers or such other Person Persons and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver such Lender will use its reasonable best efforts to obtain), such Lender not shall be under any obligation to provide such information to them. With respect to the Swing Loans and Agent Advances, Swing 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 sub-agent of the Agent.

Lender in Individual Capacity. Any Lender and its respective -------------------------------- 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 Subsidiary Borrower and its Subsidiaries and Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents as though such Lender were not a Lender hereunder without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, such Lender and its respective Affiliates may receive information regarding Subsidiary Borrower or its Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents that is subject to confidentiality obligations in favor of Subsidiary Borrower or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver such Lender will use its reasonable best efforts to obtain), such Lender shall not shall be under any obligation to provide such information to them. With respect to the Swing Loans and Agent Advances, Swing 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 sub-agent of the Agent.

Lender in Individual Capacity. Any Lender and its respective 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 Subsidiary Borrower Borrowers and its their Subsidiaries and Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents as though such Lender were not a Lender hereunder without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, such Lender and its respective Affiliates may receive information regarding Subsidiary Borrower Borrowers or its their Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents that is subject to confidentiality obligations in favor of Subsidiary Borrower Borrowers or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver such Lender will use its reasonable best efforts to obtain), such Lender shall not shall be under any obligation to provide such information to them. With respect to the Swing Loans and Agent Advances, Swing 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 sub-agent of the Agent.

Lender in Individual Capacity. Any Lender and its respective 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 Subsidiary Borrower Borrowers and its their Subsidiaries and Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents as though such Lender were not a Lender hereunder without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, such Lender and its respective Affiliates may receive information regarding Subsidiary Borrower Borrowers or its their Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents that is subject to confidentiality obligations in favor of Subsidiary Borrower Borrowers or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver such Lender will use its reasonable best efforts to obtain), such Lender not shall be under any obligation to provide such information to them. With respect to the Swing Loans and Agent Advances, Swing Lender Agent 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 sub-agent of the Agent.

Lender in Individual Capacity. Any Lender and its respective 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 Subsidiary Borrower the Loan Parties and its their respective Subsidiaries and Affiliates and any other Person (other than the Lender Group) party to any Irish Post-Petition Loan Documents as though such Lender were not a Lender hereunder without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, such Lender and its respective Affiliates may receive information regarding Subsidiary Borrower the Loan Parties or its their respective Affiliates and any other Person (other than the Lender Group) party to any Irish Post-Petition Loan Documents that is subject to confidentiality obligations in favor of Subsidiary Borrower their respective or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver such Lender will use its reasonable best efforts to obtain), such Lender not shall be under any obligation to provide such information to them. With respect to the Swing Loans and Agent Advances, Swing 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 sub-agent of Agent.

Lender in Individual Capacity. Any Lender and its respective 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 Subsidiary Borrower and its Subsidiaries and Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents as though such Lender were not a Lender hereunder without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, such Lender and its respective Affiliates may receive information regarding Subsidiary Borrower or its Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents that is subject to confidentiality obligations in favor of Subsidiary Borrower or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver such Lender will use its reasonable best efforts to obtain), such Lender not shall be under any obligation to provide such information to them. With respect Notwithstanding anything to the Swing Loans contrary, the Lenders and the Agent Advancesacknowledge that any Lender which is an Affiliate of the Borrower may be prohibited by fiduciary duties or other laws from disclosing certain information to the Agent and the Lenders, Swing and in any such case said Lender shall not have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not the sub-agent of Agentobligation to obtain such waivers or to make such disclosure.

Lender in Individual Capacity. Any Lender and its respective 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 Subsidiary Borrower and its Subsidiaries and Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents as though such Lender were not a Lender hereunder without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge that, pursuant to such activities, such Lender and its respective Affiliates may receive information regarding Subsidiary Borrower or its Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents that is subject to confidentiality obligations in favor of Subsidiary Borrower or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver such Lender will use its reasonable best efforts to obtain), such Lender not shall be under any obligation to provide such information to them. With respect to the Swing Loans and Agent AdvancesLoans, Swing 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 sub-agent of the Agent.

Lender in Individual Capacity. Any Lender and its respective 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 Subsidiary each Borrower and its Subsidiaries and Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents as though such Lender were not a Lender the agent of Agent hereunder without notice to or consent of the other members of the Lender GroupLenders. The other members of the Lender Group Lenders acknowledge that, pursuant to such activities, such Lender and its respective Affiliates may receive information regarding Subsidiary Borrower Borrowers or its their Affiliates and any other Person (other than the Lender Group) party to any Irish Loan Documents that is subject to confidentiality obligations set forth in SECTION 16.17(d) in favor of Subsidiary Borrower Borrowers or such other Person and that prohibit the disclosure of such information to the Lenders, and the Lenders acknowledge that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver such Lender will use its reasonable best efforts to obtain), such Lender not shall be under any obligation to provide such information to them. With respect to the Swing Loans and Agent Advances, Swing 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 sub-agent of the Agent.