Common use of Administrative Agent in Its Individual Capacity Clause in Contracts

Administrative Agent in Its Individual Capacity. Administrative Agent (and any successor 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, and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any Borrower Party (or any of their Subsidiaries or Affiliates) as though Administrative Agent were not Administrative Agent or a Lender hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, Administrative Agent or its Affiliates may receive information regarding Borrower Parties or their Affiliates (including information that may be subject to confidentiality obligations in favor of such Person) and acknowledge that Administrative Agent shall be under no obligation to provide such information to them except as otherwise provided in this Credit Agreement. With respect to the Loans made and all obligations owing to it, Administrative Agent acting in its individual capacity shall have the same rights and powers under this Credit Agreement as any Lender and may exercise the same as though it were not Administrative Agent, and the terms “Lender” and “Lenders” shall include Administrative Agent in its individual capacity.

Administrative Agent in Its Individual Capacity. As a Lender, Administrative Agent (shall have the same rights and remedies under the other Loan Documents as any successor acting other Lender, and the terms “Lenders,” “Required Lenders,” or any similar term, as and when used herein or in any other Loan Document, unless otherwise expressly provided, shall include Administrative Agent) Agent in its capacity as a Lender. Each of Administrative Agent and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests maintain deposits or credit balances for, invest in, lend money to, be a Bank Product Provider to, act as trustee under indentures of, serve as financial or other advisor to, and generally engage in any kind of bankingbusiness with, trustBorrowers and their Affiliates, financial advisory, underwriting or other business with any Borrower Party (or any of their Subsidiaries or Affiliates) as though if Administrative Agent were not Administrative Agent any other bank, without any duty to account therefor (including any fees or a Lender hereunder and without notice other consideration received in connection therewith) to or consent of the other Lenders. The Lenders acknowledge that, pursuant to such activitiesIn their individual capacity, Administrative Agent or and its Affiliates may receive information regarding Borrower Parties or Borrowers, their Affiliates and their Account Debtors (including information that may be subject to confidentiality obligations in favor of such Person) obligations), and acknowledge each Lender agrees that Administrative Agent and its Affiliates shall be under no obligation to provide such information to them except Lenders if acquired in such individual capacity and not as otherwise provided in this Credit Agreement. With respect to the Loans made and all obligations owing to it, Administrative Agent acting in its individual capacity shall have the same rights and powers under this Credit Agreement as any Lender and may exercise the same as though it were not Administrative Agent, and the terms “Lender” and “Lenders” shall include Administrative Agent in its individual capacityhereunder.

Administrative Agent in Its Individual Capacity. The Administrative Agent (and any successor 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, in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any the parent entities of the Borrower Party (or any of their Subsidiaries or Affiliates) and its Affiliates as though such Person were not the Administrative Agent were not Administrative Agent or a 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 Parties or their its Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower or such PersonAffiliate) and acknowledge that the Administrative Agent shall not be under no any obligation to provide such information to them except as otherwise provided in this Credit Agreementthem. With respect to To the extent the Administrative Agent makes any portion of the Loans made hereunder, the terms “Lender” and all obligations owing to it, “Lenders” include the Administrative Agent acting in its individual capacity as such, and the Administrative Agent shall have the same rights and powers under this Credit Agreement as any other Lender and may exercise the same such rights and powers as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include Administrative Agent in its individual capacity.

Administrative Agent in Its Individual Capacity. (a) Any Person serving as Administrative Agent (hereunder shall have the same rights and powers in its capacity as a Lender as any successor acting other Lender and may exercise the same as though it were not the Administrative Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include each Person serving as Administrative Agent) Agent hereunder in its individual capacity. Each Agent and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in, Equity Interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any Borrower Party (or any each of the Loan Parties and their Subsidiaries or Affiliates) respective Affiliates as though Administrative such Agent were not Administrative an Agent or a Lender an L/C Issuer hereunder and without notice to or consent of the Lenders. The Lenders and L/C Issuer acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates may receive information regarding Borrower Parties any Loan Party or their any of its Affiliates (including information that may be subject to confidentiality obligations in favor of such PersonLoan Party or such Affiliate) and acknowledge that the Administrative Agent shall not be under no any obligation to provide such information to them except as otherwise provided in this Credit Agreementthem. With respect to its Loans, the Loans made and all obligations owing to it, Administrative Agent acting in its individual capacity shall have the same rights and powers under this Credit Agreement as any other Lender and may exercise the same such rights and powers as though it were not an Agent the Administrative AgentAgent an L/C Issuer, and the terms “Lender” and “Lenders” shall include Administrative each Agent in its individual capacity.

Administrative Agent in Its Individual Capacity. Administrative Agent (and any successor acting as The Administrative Agent) , acting in any capacity other than pursuant to this Agreement, and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in, in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any Borrower Party (or any each of the Loan Parties and their Subsidiaries or Affiliates) respective Affiliates as though it were not the Administrative Agent were not Administrative Agent or a Lender hereunder and without notice to or consent of the Lenders. The Lenders acknowledge that, pursuant to such activities, the Administrative Agent Agent, acting in any capacity other than pursuant to this Agreement, or its Affiliates may receive information regarding Borrower Parties any Loan Party or their its Affiliates (including information that may be subject to confidentiality obligations in favor of such PersonLoan Party or such Affiliate) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them except as otherwise provided in this Credit Agreementthem. With respect to its Term Loan, the Loans made and all obligations owing to itAdministrative Agent, Administrative Agent acting in its individual capacity as a Lender, shall have the same rights and powers under this Credit Agreement as any other Lender and may exercise the same such rights and powers as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Administrative Agent in Its Individual Capacity. (a) Any Person serving as Administrative Agent (hereunder shall have the same rights and powers in its capacity as a Lender as any successor acting other Lender and may exercise the same as though it were not the Administrative Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include each Person serving as Administrative Agent) Agent hereunder in its individual capacity. Each Agent and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in, Equity Interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any Borrower Party (or any each of the Loan Parties and their Subsidiaries or Affiliates) respective Affiliates as though Administrative such Agent were not Administrative an Agent or a Lender an L/C Issuer hereunder and without notice to or consent of the Lenders. The Lenders and L/C Issuer acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates may receive information regarding Borrower Parties any Loan Party or their any of its Affiliates (including information that may be subject to confidentiality obligations in favor of such PersonLoan Party or such Affiliate) and acknowledge that the Administrative Agent shall not be under no any obligation to provide such information to them except as otherwise provided in this Credit Agreementthem. With respect to its Loans, the Loans made and all obligations owing to it, Administrative Agent acting in its individual capacity shall have the same rights and powers under this Credit Agreement as any other Lender and may exercise the same such rights and powers as though it were not an Agent the Administrative AgentAgent an L/C Issuer, and the terms “Lender” and “Lenders” shall include Administrative each Agent in its individual capacity.. 126

Administrative Agent in Its Individual Capacity. Each Lender acknowledges that Administrative Agent (and any successor acting as Administrative Agent) and its Affiliates now or in the future 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 have banking or other business financial relationships, including being an agent on other loans, with any Borrower Party (or any of Borrower, Guarantor and their Subsidiaries or Affiliates) respective affiliates, as though Administrative Agent BankAmerica were not Administrative Agent or a Lender hereunder and without notice to or any consent of the Lenders. The Lenders acknowledge that, pursuant Each Lender hereby expressly waives any objection to such activities, actual or potential conflict of interest (subject however to Lenders' right to replace Administrative Agent as provided herein). Each Lender acknowledges that in the course of such activities BankAmerica or its Affiliates may receive information regarding Borrower Parties Borrower, Guarantor or their Affiliates (including information that may be subject to confidentiality obligations in favor of such Person) respective affiliates and acknowledge that Administrative Agent shall be under no obligation to provide such information to them except as otherwise provided in this Credit Agreementthem, whether or not confidential. With respect to the Loans made and all obligations owing to itLoans, Administrative Agent acting in its individual capacity BankAmerica shall have the same rights and powers under this Credit Agreement and the other Loan Documents as any Lender and other Lender, may exercise the same as though it were not Administrative Agent, and the terms “"Lender” " and “"Lenders” shall " include Administrative Agent BankAmerica in its individual capacity. Bank of America shall continue to be a Lender under this Agreement so long as it acts as Administrative Agent.

Administrative Agent in Its Individual Capacity. The Administrative Agent (and any successor acting as 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 any Borrower Party (or any of their Subsidiaries or Affiliates) as though the Administrative Agent were not the Administrative Agent or a 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 Parties or their Affiliates (including information that may be subject to confidentiality obligations in favor of such Person) and acknowledge that the Administrative Agent shall be under no obligation to provide such information to them except as otherwise provided in this Credit Agreementthem. With respect to the Loans made made, the Letters of Credit issued and all obligations owing to it, the Administrative Agent acting in its individual capacity shall have the same rights and powers under this Credit Agreement as any Lender and may exercise the same as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Administrative Agent in Its Individual Capacity. The Administrative Agent (and any successor 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, Equity Interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any the Borrower Party (or any of their Subsidiaries or Affiliates) and its Affiliates as though the Administrative Agent were not the Administrative Agent or a 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 Parties or their any of its Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower or such PersonAffiliate) and acknowledge that the Administrative Agent shall not be under no any obligation to provide such information to them except as otherwise provided in this Credit Agreementthem. With respect to its Loans, the Loans made and all obligations owing to it, Administrative Agent acting in its individual capacity shall have the same rights and powers under this Credit Agreement as any other Lender and may exercise the same such rights and powers as though it were not Administrative an Agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Administrative Agent in Its Individual Capacity. The Administrative Agent (and any successor 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, in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any with, the Borrower Party (or any of their Subsidiaries or Affiliates) its Affiliates as though the Administrative Agent were not Administrative Agent or a Lender an 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 Parties or their its Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower or such PersonAffiliates) and acknowledge that the Administrative Agent shall not be under no any obligation to provide such information to them except as otherwise provided in this Credit Agreementthem. With respect to the Loans made and all obligations owing to it, The Administrative Agent acting in its individual capacity which is also a Lender hereunder shall have the same rights and powers under this Credit Agreement as any other Lender and may exercise the same as though it were not Administrative Agentan agent, and the terms “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

Administrative Agent in Its Individual Capacity. (a) Any Person serving as Administrative Agent (hereunder shall have the same rights and powers in its capacity as a Lender as any successor acting other Lender and may exercise the same as though it were not the Administrative Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include each Person serving as Administrative Agent) Agent hereunder in its individual capacity. Each Agent and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in, Equity Interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any Borrower Party (or any each of the Loan Parties and their Subsidiaries or Affiliates) respective Affiliates as though Administrative such Agent were not Administrative an Agent or a Lender an L/C Issuer hereunder and without notice to or consent of the Lenders. The 125 Lenders and L/C Issuer acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates may receive information regarding Borrower Parties any Loan Party or their any of its Affiliates (including information that may be subject to confidentiality obligations in favor of such PersonLoan Party or such Affiliate) and acknowledge that the Administrative Agent shall not be under no any obligation to provide such information to them except as otherwise provided in this Credit Agreementthem. With respect to its Loans, the Loans made and all obligations owing to it, Administrative Agent acting in its individual capacity shall have the same rights and powers under this Credit Agreement as any other Lender and may exercise the same such rights and powers as though it were not an Agent the Administrative AgentAgent an L/C Issuer, and the terms “Lender” and “Lenders” shall include Administrative each Agent in its individual capacity.

Administrative Agent in Its Individual Capacity. The Administrative Agent (and any successor 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, in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any the parent entities of the Borrower Party (or any of their Subsidiaries or Affiliates) and its Affiliates as though such Person were not the Administrative Agent were not Administrative Agent or a 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 Parties or their its Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrower or such PersonAffiliate) and acknowledge that the Administrative Agent shall not be under no any obligation to provide such information to them except as otherwise provided in this Credit Agreementthem. With respect to To the extent the Administrative Agent makes any portion of the Loans made hereunder, the terms “Lender” and all obligations owing to it, ||| 4134-8371-6675.14134-8371-6675 “Lenders” include the Administrative Agent acting in its individual capacity as such, and the Administrative Agent shall have the same rights and powers under this Credit Agreement as any other Lender and may exercise the same such rights and powers as though it were not the Administrative Agent, and the terms “Lender” and “Lenders” shall include Administrative Agent in its individual capacity.

Administrative Agent in Its Individual Capacity. (a) Any Person serving as Administrative Agent (hereunder shall have the same rights and powers in its capacity as a Lender as any successor acting other Lender and may exercise the same as though it were not the Administrative Agent and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated or unless the context otherwise requires, include 124 each Person serving as Administrative Agent) Agent hereunder in its individual capacity. Each Agent and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in, Equity Interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any Borrower Party (or any each of the Loan Parties and their Subsidiaries or Affiliates) respective Affiliates as though Administrative such Agent were not Administrative an Agent or a Lender an L/C Issuer hereunder and without notice to or consent of the Lenders. The Lenders and L/C Issuer acknowledge that, pursuant to such activities, the Administrative Agent or its Affiliates may receive information regarding Borrower Parties any Loan Party or their any of its Affiliates (including information that may be subject to confidentiality obligations in favor of such PersonLoan Party or such Affiliate) and acknowledge that the Administrative Agent shall not be under no any obligation to provide such information to them except as otherwise provided in this Credit Agreementthem. With respect to its Loans, the Loans made and all obligations owing to it, Administrative Agent acting in its individual capacity shall have the same rights and powers under this Credit Agreement as any other Lender and may exercise the same such rights and powers as though it were not an Agent the Administrative AgentAgent an L/C Issuer, and the terms “Lender” and “Lenders” shall include Administrative each Agent in its individual capacity.

Administrative Agent in Its Individual Capacity. Administrative Agent (Xxxxx Fargo, as a Lender, shall have the same rights and powers under this Agreement and any successor acting other Loan Document as any other Lender and may exercise the same as though it were not Administrative Agent) ; and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated, include Xxxxx Fargo in each case in its individual capacity. Xxxxx Fargo and its Affiliates affiliates may make loans to, issue letters of credit for the account of, each accept deposits from, acquire equity interests maintain deposits or credit balances for, invest in, lend money to, act as trustee under indentures of, serve as financial advisor to, and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with Borrowers, any Borrower Party (other Obligor or any of their Subsidiaries or Affiliates) other affiliate thereof as though if it were any other bank and without any duty to account therefor to the other Lenders. Further, Administrative Agent were not Administrative Agent or a Lender hereunder and any affiliate may accept fees and other consideration from Borrowers for services in connection with this Agreement and otherwise without notice having to or consent of account for the same to the other Lenders. The Lenders acknowledge that, pursuant to such activities, Administrative Agent Xxxxx Fargo or its Affiliates affiliates may receive information regarding Borrower Parties or their Borrowers, other Loan Parties, other Subsidiaries and other Affiliates (including information that may be subject to confidentiality obligations in favor of such Person) and acknowledge that Administrative Agent shall be under no obligation to provide such information to them except as otherwise provided in this Credit Agreement. With respect to the Loans made and all obligations owing to it, Administrative Agent acting in its individual capacity shall have the same rights and powers under this Credit Agreement as any Lender and may exercise the same as though it were not Administrative Agent, and the terms “Lender” and “Lenders” shall include Administrative Agent in its individual capacitythem.

Administrative Agent in Its Individual Capacity. The Administrative Agent (and any successor 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, Equity Interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with any with, either Borrower Party (or any of their Subsidiaries or Affiliates) either Borrower’s Affiliates as though the Administrative Agent were not Administrative Agent or a Lender an 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 Borrower Parties the Borrowers or their Affiliates (including information that may be subject to confidentiality obligations in favor of the Borrowers or such PersonAffiliates) and acknowledge that the Administrative Agent shall not be under no any obligation to provide such information to them except as otherwise provided in this Credit Agreementthem. With respect to the Loans made and all obligations owing to itThe Administrative Agent, Administrative Agent acting in its individual capacity which is also a Bank Tranche Lender hereunder, shall have the same rights and powers under this Credit Agreement as any other Bank Tranche Lender and may exercise the same as though it were not Administrative Agentan agent, and the terms “Bank Tranche Lender” and “Bank Tranche Lenders” shall include the Administrative Agent in its individual capacity.

Administrative Agent in Its Individual Capacity. As a Lender, Administrative Agent (shall have the same rights and remedies under the other Loan Documents as any successor acting other Lender, and the terms “Lenders,” “Required Lenders,” or any similar term, as and when used herein or in any other Loan Document, unless otherwise expressly provided, shall include Administrative Agent) Agent in its capacity as a Lender. Each of Administrative Agent and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests maintain deposits or credit balances for, invest in, lend money to, be a Bank Product Provider to, act as trustee under indentures of, serve as financial or other advisor to, and generally engage in any kind of bankingbusiness with, trustBorrowers and their Affiliates, financial advisory, underwriting or other business with any Borrower Party (or any of their Subsidiaries or Affiliates) as though if Administrative Agent were not Administrative Agent any other bank, without any duty to account therefor (including any fees or a Lender hereunder and without notice other consideration received in connection therewith) to or consent of the other Lenders. The Lenders acknowledge that, pursuant to such activitiesIn their individual capacity, Administrative Agent or and its Affiliates may receive information regarding Borrower Parties or Borrowers, their Affiliates and their Account Debtors (including information that may be subject to confidentiality obligations in favor of such Person) obligations), and acknowledge each Lender agrees that Administrative Agent and its Affiliates shall be under no obligation to provide such information to them except Lenders if acquired in such individual capacity and not as otherwise provided in this Credit Agreement. With respect to the Loans made and all obligations owing to it, Administrative Agent acting in its individual capacity shall have the same rights and powers under this Credit Agreement as any Lender and may exercise the same as though it were not Administrative Agent, and the terms “Lender” and “Lenders” shall include Administrative Agent in its individual capacity.hereunder. 12.12

Administrative Agent in Its Individual Capacity. As a Lender, Administrative Agent (shall have the same rights and remedies under the other Loan Documents as any successor acting other Lender, and the terms “Lenders,” “Required Lenders,” or any similar term, as and when used herein or in any other Loan Document, unless otherwise expressly provided, shall include Administrative Agent) Agent in its capacity as a Lender. Each of Administrative Agent and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests maintain deposits or credit balances for, invest in, lend money to, act as trustee under indentures of, serve as financial or other advisor to, and generally engage in any kind of bankingbusiness with, trustBorrowers and their Affiliates, financial advisory, underwriting or other business with any Borrower Party (or any of their Subsidiaries or Affiliates) as though if Administrative Agent were not Administrative Agent any other bank, without any duty to account therefor (including any fees or a Lender hereunder and without notice other consideration received in connection therewith) to or consent of the other Lenders. The Lenders acknowledge that, pursuant to such activitiesIn their individual capacity, Administrative Agent or and its Affiliates may receive information regarding Borrower Parties or Borrowers, their Affiliates and their Account Debtors (including information that may be subject to confidentiality obligations in favor of such Person) obligations), and acknowledge each Lender agrees that Administrative Agent and its Affiliates shall be under no obligation to provide such information to them except Lenders if acquired in such individual capacity and not as otherwise provided in this Credit Agreement. With respect to the Loans made and all obligations owing to it, Administrative Agent acting in its individual capacity shall have the same rights and powers under this Credit Agreement as any Lender and may exercise the same as though it were not Administrative Agent, and the terms “Lender” and “Lenders” shall include Administrative Agent in its individual capacityhereunder.