Common use of Agent Entitled to Act as Lender Clause in Contracts

Agent Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, each Agent shall have the same obligations, rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term "Lender" or "Lenders" or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust, financial advisory or other business with Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agent Entitled to Act as Lender. The agency hereby created shall ------------------------------- in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, each Agent shall have the same obligations, rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term "Lender" or "Lenders" or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Any Agent and its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust, financial advisory or other business with Borrower Holdings or any of its Subsidiaries or Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower Holdings and its Subsidiaries for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agent Entitled to Act as Lender. The agency hereby created shall in no way ------------------------------- impair or affect any of the rights and powers of, or impose any duties or obligations upon, any Agent FCC in its individual capacity as a Lender hereunder. With respect to its participation interests in the Loans and the Letters of CreditLoans, each Agent FCC shall have the same obligations, rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, hereunder as Agent and the term "Lender" or "Lenders" or any similar term shall, unless the context clearly otherwise indicates, include each Agent FCC in its individual capacitycapacity as a Lender. Any Agent and each of its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust, financial advisory or other business with Borrower Borrowers or any Affiliate of its Affiliates Borrowers as if it were not performing the duties specified herein, and may accept fees and other consideration from Borrower Borrowers for services in connection with this Agreement and otherwise without having to account for the same to Lenders.