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

Agents 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, Agents in their individual capacity as a Lender hereunder. With respect to their participation in the Loans and the Letters of Credit, Agents shall have the same 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 Agents, in each case in its individual capacity. Agents and each of their respective Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust, financial advisory or other business with any Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from any Borrower for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents 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, Agents an Agent in their its individual capacity as a Lender hereunder. With respect to their its participation in the Loans and the Letters of Credit, Agents an Agent shall have the same 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 Agents, in each case Agent in its individual capacity. Agents An Agent and each of their respective its Affiliates may accept deposits from, lend money to to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with any Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from any Borrower for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents 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, Agents any Agent in their its individual capacity as a Lender hereunder. With respect to their participation its par ticipation in the Loans and the Letters of Credit, Agents each Agent shall have the same 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 Agents, in each case such Agent in its individual capacity. Agents Any Agent and each of their respective its Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust, financial advisory or other business with any Borrower Company or any of its Affiliates as if it were not performing the duties specified 133 135 herein, and may accept fees and other consideration from any Borrower Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents 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, Agents any FIRST LIEN CREDIT AGREEMENT EXECUTION 93 Agent in their its individual capacity as a Lender hereunder. With respect to their its participation in the Loans and the Letters of Credit, Agents each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if 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 Agents, in each case Agent in its individual capacity. Agents Any Agent and each of their respective its Affiliates may accept deposits from, lend money to to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with any Borrower Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from any Borrower Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents 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, Agents an Agent in their its individual capacity as a Lender hereunder. With respect to their its participation in the Loans and the Letters of Credit, Agents each Agent shall have the same 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 Agents, in each case Agent in its individual capacity. Agents An Agent and each of their respective its Affiliates may accept deposits from, lend money to and generally 102 engage in any kind of banking, trust, financial advisory or other business with any Borrower Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from any Borrower Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents 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, Agents any Agent in their its individual capacity as a Lender hereunder. With respect to their its participation in the Loans and the Letters of CreditLoans, Agents each Agent shall have the same rights and powers hereunder as any other Lender and may SECOND LIEN CREDIT AGREEMENT EXECUTION 82 exercise the same as though if 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 Agents, in each case Agent in its individual capacity. Agents Any Agent and each of their respective its Affiliates may accept deposits from, lend money to to, own securities of, and generally engage in any kind of banking, trust, financial advisory or other business with any Borrower Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from any Borrower Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents 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, Agents an Agent in their its individual capacity as a Lender hereunder. With respect to their its participation in the Loans and the Letters of Credit, Agents an Agent shall have the same 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 Agents, in each case Agent in its individual capacity. Agents An Agent and each of their respective its Affiliates may accept deposits from, lend money to to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with any Borrower Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from any Borrower Holdings, Company and each other Subsidiary of Holdings for services in connection with this Agreement and otherwise without having to account for the same to Lenders.