Common use of Collateral Agent in its Individual Capacity Clause in Contracts

Collateral Agent in its Individual Capacity. Collateral Agent shall have the same rights and powers hereunder as any other Secured Party and may exercise the same as though it were not performing the duties specified herein; and the term “Secured Party” or any similar term shall, unless the context clearly otherwise indicates, include Collateral Agent, in its individual capacity as and to the extent it owns First Lien Obligations and/or Second Lien Obligations and not in its capacity as Collateral Agent. Collateral Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust, financial advisory or other business with the Obligors as if it were not performing the duties specified herein, and may accept fees and other consideration from the Obligors for services in connection with this Agreement and otherwise without having to account for the same to any Secured Party except as specified herein.

Collateral Agent in its Individual Capacity. Collateral Agent shall have the same rights and powers hereunder as any other Secured Party and may exercise the same as though it were not performing the duties specified herein; and the term “Secured Party” or any similar term shall, unless the context clearly otherwise indicates, include Collateral Agent, in its individual capacity as and to the extent it owns First Lien Obligations and/or Second Lien Obligations and not in its capacity as Collateral Agent. Collateral Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust, financial advisory or other business with the Obligors Credit Parties as if it were not performing the duties specified herein, and may accept fees and other consideration from the Obligors Credit Parties for services in connection with this Agreement and otherwise without having to account for the same to any Secured Party except as specified herein.

Collateral Agent in its Individual Capacity. Collateral Agent shall have the same rights and powers hereunder as any other Secured Party and may exercise the same as though it were not performing the duties specified herein; and the term “Secured Party” or any similar term shall, unless the context clearly otherwise indicates, include Collateral Agent, in its individual capacity as and Intercreditor and Collateral Agency Agreement to the extent it owns First Lien Obligations and/or Second Lien Obligations and not in its capacity as Collateral Agent. Collateral Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust, financial advisory or other business with the Obligors Obligor as if it were not performing the duties specified herein, and may accept fees and other consideration from the Obligors Obligor for services in connection with this Agreement and otherwise without having to account for the same to any Secured Party except as specified herein.