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

Each Agent in its Individual Capacity. With respect to its ------------------------------------- obligation to make Loans, or issue or participate in Letters of Credit, under this Agreement, each Agent shall have the rights and powers specified herein for a "Bank" and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term "Banks," "Required Banks," "holders of Notes" or any similar terms shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. Each Agent may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to, any Credit Party or any Affiliate of any Credit Party (or any Person engaged in a similar business with any Credit Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from the Borrower or any other Credit Party or any Affiliate of any Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the Banks.

Each Agent in its Individual Capacity. With respect to its ------------------------------------- obligation to make Loans, or issue or participate in Letters of Credit, under this Agreement, if any, each Agent shall have the rights and powers specified herein for a "Bank" “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term "Banks“Lender," "” “Required Banks," "holders of Notes" Lenders” or any similar terms shall, unless the context clearly otherwise indicatesindicates otherwise, include each such Agent in its individual capacity, if applicable. Each Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to, to any Credit Loan Party or any Affiliate of any Credit Loan Party (or any Person engaged in a similar business with any Credit Loan Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from the Borrower or any other Credit Loan Party or any Affiliate of any Credit Loan Party for services in connection with this Agreement and otherwise without having to account for the same to the BanksLenders.

Each Agent in its Individual Capacity. With respect to its ------------------------------------- obligation to make Loans, or issue or participate in Letters of Credit, under this Agreement, each Agent shall have the rights and powers specified herein for a "Bank" “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term "Banks“Lender," "” “Required BanksLenders," "holders of Notes" ” “Supermajority Lenders” or any similar terms shall, unless the context clearly otherwise indicatesindicates otherwise, include each Agent in its individual capacity. Each Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to, to any Credit Party or any Affiliate of any Credit Party (or any Person engaged in a similar business with any Credit Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from the Borrower or any other Credit Party or any Affiliate of any Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the BanksLenders.

Each Agent in its Individual Capacity. With respect to its ------------------------------------- obligation to make Loans, or issue or participate in Letters of Credit, Loans under this Agreement, each Agent shall have the rights and powers specified herein for a "Bank" “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term "Banks“Lender," "” “Required BanksLenders," "” “Supermajority Lenders,” “holders of Notes" ” or any similar terms shall, unless the context clearly otherwise indicatesindicates otherwise, include each such Agent in its individual capacity. Each Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to, to any Credit Party or any Affiliate of any Credit Party (or any Person engaged in a similar business with any Credit Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from the Borrower or any other Credit Party or any Affiliate of any Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the BanksLenders.

Each Agent in its Individual Capacity. With respect to its ------------------------------------- obligation to make Loans, or issue or participate in Letters of Credit, under this Agreement, each Agent shall have the rights and powers specified herein for a "Bank" “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term "Banks“Lender," "” “Required BanksLenders," "holders of Notes" ” “Supermajority Lenders” or any similar terms shall, unless the context clearly otherwise indicatesindicates otherwise, include each Agent in its individual capacity. Each Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to, to any Credit Party or any Affiliate of any Credit Party (or any Person engaged in a similar business with any Credit Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from the Borrower or any other Credit Party or any Affiliate of any Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the Banks.131 #93457508v14

Each Agent in its Individual Capacity. With respect to its ------------------------------------- obligation to make Loans, or issue or participate in Letters of Credit, under this Agreement, each Agent shall have the rights and powers specified herein for a "Bank" “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term "Banks“Lender," "” “Required BanksLenders," "holders of Notes" ” “Supermajority Lenders” or any similar terms shall, unless the context clearly otherwise indicatesindicates otherwise, include each Agent in its individual capacity. Each Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to, to any Credit Party or any Affiliate of any Credit Party (or any Person engaged in a similar business with any Credit Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from the Borrower or any other Credit Party 132 or any Affiliate of any Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the BanksLenders.

Each Agent in its Individual Capacity. With respect to its ------------------------------------- obligation to make Loans, or issue or participate in Letters of Credit, Loans under this Agreement, Agreement each Agent shall have the rights and powers specified herein for a "Bank" “Lender” and may exercise the same rights and powers as though it were not performing the duties specified herein; and the term "Banksterms “Lender," "” “Majority Lenders,” “Required BanksLenders," "” “holders of Notes" ” or any similar terms shall, unless the context clearly otherwise indicatesindicates otherwise, include each Agent the Agents in its their respective individual capacitycapacities. Each Agent The Agents and their Affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, investment banking, trust or other business with, or provide debt financing, equity capital or other services (including financial advisory services) to, to any Credit Party or any Affiliate of any Credit Party (or any Person engaged in a similar business with any Credit Party or any Affiliate thereof) as if they were not performing the duties specified herein, and may accept fees and other consideration from the Borrower or any other Credit Party or any Affiliate of any Credit Party for services in connection with this Agreement which may or may not be publicly disclose and otherwise without having to account for the same to the BanksLenders.