Common use of Administrative Agent in Individual Capacity Clause in Contracts

Administrative Agent in Individual Capacity. The Administrative Agent 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 Borrower or its Affiliates as though the Administrative Agent were not an Administrative Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates may receive information regarding the Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower or such Affiliates) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. Any Administrative Agent which is also a Lender hereunder shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not an Administrative Agent, and the terms “Lender” and “Lenders” shall include such Administrative Agent in its individual capacity.

Administrative Agent in Individual Capacity. The bank serving as Administrative Agent shall have the same rights and powers under this Agreement and any other Loan Document in its capacity as a Lender as any other Lender and may exercise or refrain from exercising the same as though it were not Administrative Agent; and the terms “Lenders”, “Required Lenders”, “Majority Lenders”, or any similar terms shall, unless the context clearly otherwise indicates, include Administrative Agent in its individual capacity. The bank acting as Administrative Agent and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in lend money to, and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower or its Affiliates any Subsidiary or Affiliate of Borrower as though the if it were not Administrative Agent were not an Administrative Agent hereunder and without notice to or consent of the Lendershereunder. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates may receive information regarding the Borrower or its Affiliates Loan Parties (including information that may be subject to confidentiality obligations in favor of the Borrower or such AffiliatesLoan Parties) and acknowledge that the Administrative Agent Agent-Related Persons shall be under no obligation to provide such information to them. Any Administrative Agent which is also a Lender hereunder shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not an Administrative Agent, and the terms “Lender” and “Lenders” shall include such Administrative Agent in its individual capacity.

Administrative Agent in Individual Capacity. The Administrative Agent and its Affiliates ING Capital LLC may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in from and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower Borrower, the Guarantors or its any of their Affiliates as though the Administrative Agent ING Capital LLC were not an the Administrative Agent hereunder and without notice to or consent of the Participating Lenders. The Participating Lenders acknowledge that, pursuant to such activities, the Administrative Agent ING Capital LLC, New York Branch or its Affiliates may receive information regarding the Borrower or its Borrower, the Guarantors and their Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower or such Affiliatesthe Guarantors) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. Any Administrative Agent which is also a Lender hereunder With respect to the Obligations, ING Capital LLC shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not an the Administrative Agent, and the terms “Lender” and “Lenders” shall include such Administrative Agent ING Capital LLC in its individual capacity.

Administrative Agent in Individual Capacity. The Administrative Agent 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 Borrower or its Borrowers and their Subsidiaries and Affiliates as though the it were not Administrative Agent were not an Administrative Agent or Issuing Lender hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates may receive information regarding the Borrower Borrowers or its their Affiliates (including information that may be subject to confidentiality obligations in favor of the such Borrower or such AffiliatesAffiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. Any With respect to its Loans, Administrative Agent which is also a Lender hereunder shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not an Administrative Agent, and the terms “Lender” and “Lenders” shall include such Administrative Agent in its individual capacityor Issuing Lender.

Administrative Agent in Individual Capacity. The Administrative Agent ING 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 Borrower or its Loan Parties and Affiliates as though the Administrative Agent ING were not an the Administrative Agent hereunder and without notice to or consent of the Lendersany Lender. The Lenders acknowledge Each Lender acknowledges that, pursuant to such activities, the Administrative Agent ING or its Affiliates may receive information regarding the Borrower Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower Company or such AffiliatesAffiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. Any Administrative Agent which is also a Lender hereunder With respect to their Loans (if any), ING and its Affiliates shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it ING were not an the Administrative Agent, and the terms “Lender” and “Lenders” shall include such Administrative Agent ING and its Affiliates, to the extent applicable, in its their individual capacitycapacities.

Administrative Agent in Individual Capacity. The Administrative Agent BofA 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 Borrower or and its Subsidiaries and Affiliates as though the Administrative Agent BofA were not an the Administrative Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent BofA or its Affiliates may receive information regarding the Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower or such AffiliatesSubsidiary) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. Any Administrative Agent which is also a Lender hereunder With respect to its Loans, BofA shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not an the Administrative Agent, and the terms “"Lender” " and “"Lenders” shall " include such Administrative Agent BofA in its individual capacity.

Administrative Agent in Individual Capacity. The Administrative Agent LaSalle and its Affiliates may make loans to, issue letters Letters of credit Credit for the account of, accept deposits from, acquire equity interests in from and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Borrower or its Borrowers and their Subsidiaries and Affiliates as though the Administrative Agent it were not an Administrative Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates may receive information regarding the Borrower Borrowers or its their Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower Borrowers or such AffiliatesSubsidiaries) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. Any With respect to their Loans, Administrative Agent which is also a Lender hereunder and its Affiliates shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it such Administrative Agent were not an Administrative Agent, and the terms “Lender” Lender and “Lenders” shall Lenders include such Administrative Agent and its Affiliates, to the extent applicable, in its their individual capacitycapacities.

Administrative Agent in Individual Capacity. The Administrative Agent Bank 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 Borrower Holdings or any of its Subsidiaries or Affiliates as though the Administrative Agent Bank were not an the Administrative Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent Bank or any of its Affiliates may receive information regarding the Borrower or Holdings, its Subsidiaries, its Affiliates and Account Debtors (including information that may be subject to confidentiality obligations in favor of the Borrower Holdings or such AffiliatesSubsidiary or Affiliate) and the Lenders acknowledge that neither the Administrative Agent nor the Bank shall be under no any obligation to provide such information to them. Any Administrative Agent which is also a Lender hereunder With respect to its Loans, the Bank shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not an the Administrative Agent, Agent and the terms “Lender” and “Lenders” shall include such Administrative Agent the Bank in its individual capacity.

Administrative Agent in Individual Capacity. The Administrative Agent 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 Borrower or its Loan Parties and their Subsidiaries and Affiliates as though the Administrative Agent were not an the Administrative Agent or an Issuing Bank hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates may receive information regarding the Borrower Loan Parties or its their Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower any Loan Party or such AffiliatesSubsidiary) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. Any With respect to its Loans and other Credit Extensions, the Administrative Agent which is also a Lender hereunder 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 an Administrative AgentIssuing Bank, and the terms term “Lender” and “Lenders” shall include such includes the Administrative Agent in its individual capacity.

Administrative Agent in Individual Capacity. The Administrative Agent 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 Borrower or its Borrowers and their Subsidiaries and Affiliates as though the Administrative Agent it were not an Administrative Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates may receive information regarding the Borrower Borrowers or its their Affiliates (including information that may be subject to confidentiality obligations in favor of the such Borrower or such AffiliatesAffiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. Any With respect to its Loans, Administrative Agent which is also a Lender hereunder shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not an Administrative Agent, and the terms “"Lender” " and “"Lenders” " shall include such Administrative Agent in its individual capacity.

Administrative Agent in Individual Capacity. The Administrative Agent 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 Borrower or its Loan Parties and Affiliates of the Loan Parties as though the Administrative Agent were not an the Administrative Agent hereunder and hereunder, without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or and its Affiliates may receive information regarding the Borrower Loan Parties or its their Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower Borrowers or such Affiliates) and acknowledge that the Administrative Agent and its Affiliates shall be under no obligation to provide such information to them. Any With respect to its Loans, the Administrative Agent (and any of its Affiliates which is also may become a Lender hereunder 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 an the Administrative AgentAgent or the L/C Lender. The terms "Lender" and "Lenders" shall, and unless the terms “Lender” and “Lenders” shall context otherwise indicates, include such the Administrative Agent in its individual capacity.

Administrative Agent in Individual Capacity. The Administrative Agent 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 Borrower or and its Subsidiaries and Affiliates as though the Administrative Agent it were not an the Administrative Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates may receive information regarding the Borrower or its Subsidiaries or Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower or such AffiliatesSubsidiary or Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. Any With respect to its Loans and participation in Letters of Credit, the Administrative Agent which is also a Lender hereunder shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not an the Administrative Agent, and the terms “"Lender” " and “"Lenders” " shall include such the Administrative Agent in its individual capacity.

Administrative Agent in Individual Capacity. The Administrative Agent Fortis 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 Borrower or and its Subsidiaries and Affiliates as though the Fortis were not Administrative Agent were not an Administrative Agent or the Issuing Bank hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent Fortis or its Affiliates may receive information regarding the Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower or such AffiliatesSubsidiary) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. Any Administrative Agent which is also a Lender hereunder With respect to its Loans, Fortis shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not an Administrative AgentAgent or the Issuing Bank, and the terms “LenderIssuing Bank” and “LendersLender” shall include such Administrative Agent Fortis in its individual capacity.

Administrative Agent in Individual Capacity. The Administrative Agent ABN 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 Borrower or Company and its Subsidiaries and Affiliates as though ABN were not the Administrative Agent were not an Administrative Agent or the Issuing Lender hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent ABN or its Affiliates may receive information regarding the Borrower Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower Company or such AffiliatesAffiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. Any Administrative Agent which is also a Lender hereunder With respect to their Loans (if any), ABN and its Affiliates shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it ABN were not an the Administrative AgentAgent and the Issuing Lender, and the terms “"Lender” " and “"Lenders” shall " include such Administrative Agent ABN and its Affiliates, to the extent applicable, in its their individual capacitycapacities.

Administrative Agent in Individual Capacity. The Administrative Agent 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 Borrower or its Company, the Lessee and their respective Subsidiaries and Affiliates as though the Administrative Agent it were not an the Administrative Agent hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates may receive information regarding the Borrower Company, the Lessee, the Guarantor or its their Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower Company, the Lessee or such Affiliatesthe Guarantor) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them. Any With respect to its Loans, the Administrative Agent which is also a Lender hereunder shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not an the Administrative Agent, and the terms “"Lender” " and “"Lenders” shall " may include such Administrative Agent Credit Lyonnais New York Branch in its individual capacity.

Administrative Agent in Individual Capacity. The Administrative Agent Hxxx Capital 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 Borrower or its Loan Parties and Affiliates as though the Administrative Agent Hxxx Capital were not an Administrative Agent hereunder and without notice to or consent of the Lendersany Lender. The Lenders acknowledge Each Lender acknowledges that, pursuant to such activities, the Administrative Agent Hxxx Capital or its Affiliates may receive information regarding the Borrower or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower or such AffiliatesAffiliate) and acknowledge acknowledges that the Administrative Agent shall be under no obligation to provide such information to them. Any Administrative Agent which is also a Lender hereunder With respect to their Term Loans (if any), Hxxx Capital and its Affiliates shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it Hxxx Capital were not an Administrative Agent, and the terms “Lender” and “Lenders” shall include such Administrative Agent Hxxx Capital and its Affiliates, to the extent applicable, in its their individual capacitycapacities.