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

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries as though the Agent were not an Agent hereunder. With respect to any Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Documents as any Holder or Lender and may exercise the same as though it were not an Agent, and the terms “Holders” and “Lenders” shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties Borrower or any of their Subsidiaries the Lessee as though the Agent were not an the Agent hereunderhereunder and under the other Operative Agreements. With respect to its Loans made or renewed by it and any Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Documents Operative Agreements as any Holder or Lender and may exercise the same as though it were not an the Agent, and the terms “Holders” "Lender" and “Lenders” shall include the Agent in its individual capacity."

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrower as though the Agent were not an the Agent hereunderhereunder and under the other Loan Documents. With respect to any Note issued to the Loans made by it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender and may exercise the same as though it were not an the Agent, and the terms “Holders” "Lender" and “"Lenders” " shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The An Agent and its Subsidiaries and Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Loan Party as though the such Agent were not an Agent hereunderhereunder or any other Loan Document. With respect to its Loans made or renewed by it or with respect to any Note Letter of Credit issued to or participated in by it, the an Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender and may exercise the same as though it were not an AgentAgent hereunder, and the terms “HoldersLender” and “Lenders” shall include the such Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and any of its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties Borrower or any Affiliate of their Subsidiaries the Borrower as though the Agent were not an the Agent hereunder. With respect to any Note issued the Advances made pursuant to itthis Agreement, the Agent and each of its Affiliates shall have the same rights and powers under this Agreement and as the other Transaction Documents as any Holder or Lender Lenders and may exercise the same as though it were not an Agent, the Agent and in such context the terms “Holders” and term “Lenders” shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrower as though the Agent it were not an the Agent hereunder. With respect to Advances made or renewed by it and any Promissory Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Documents as any Holder or Lender and may exercise the same as though it were not an the Agent, and the terms “Holders” and “Lenders” shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Companies as though the Agent were not an Agent hereunder. With respect to any Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Documents as any Holder or Lender and may exercise the same as though it were not an Agent, and the terms term “Holders” and “Lenders” shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrowers as though the Agent were not an Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender and may exercise the same as though it were not an Agent, and the terms “Holders” "Lender" and “"Lenders” " shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries respective subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrower as though the Agent were not an the Agent hereunder. With respect to any Note Loans made or renewed by it and with respect to any Letter of Credit issued to by it or participated in by it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender and may exercise the same as though it were not an the Agent, and the terms “HoldersLender” and “Lenders” shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries an Obligor as though the Agent were not an the Agent hereunder. With respect to any Note issued to itits loans made or renewed by it or Revolving Credit Loan obligations hereunder as a Lender, the Agent shall have the same rights and powers powers, duties and liabilities under this the Financing Agreement and the other Transaction Documents as any Holder or Lender and may exercise the same as though it were not an Agent, the Agent and the terms “Holders” "Lender" and “"Lenders” " shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any Borrower, its Subsidiaries and other Affiliates of their Subsidiaries the Borrower as though the Agent were not an the Agent hereunder. With respect to any Note issued the Loans made by it and all Obligations owing to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Documents as any Holder or Lender Bank and may exercise the same as though it were not an the Agent, and the terms “Holders” "Bank" and “Lenders” "Banks" shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrowers as though the Agent were not an Agent hereunder. With respect to any Note Loans made by it and with respect to any Letter of Credit issued to by it or participated in by it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or other Lender and may exercise the same as though it were not an Agent, and the terms “HoldersLender” and “Lenders” shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrowers as though the Agent were not an Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender and may exercise the same as though it were not an Agent, and the terms “HoldersLender” and “Lenders” shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrower as though the Agent were not an the Agent hereunderhereunder and under the other Loan Documents. With respect to any Note issued to the Loans made by it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender and may exercise the same as though it were not an the Agent, and the terms “Holders” "Lender" and “"Lenders” " shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrower as though the Agent were not an the Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender and may exercise the same as though it were not an the Agent, and the terms “Holders” "Lender" and “"Lenders” " shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrowers as though the Agent were not an Agent hereunder. With respect to any Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Documents as any Holder or Lender and may exercise the same as though it were not an Agent, and the terms term “Holders” and “Lenders” shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any Borrower, its Subsidiaries and other Affiliates of their Subsidiaries the Borrower as though the Agent were not an the Agent hereunder. With respect to any Note issued the Loans made by it and all Obligations owing to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Documents as any Holder or Lender and may exercise the same as though it were not an Agent, and the terms “Holders” and “Lenders” shall include the Agent in its individual capacity.as

The Agent in its Individual Capacity. The Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrowers as though the Agent were not an Agent hereunder. With respect to any Note issued to the Loan made by it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or other Lender and may exercise the same as though it were not an Agent, and the terms “HoldersLender” and “Lenders” shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the each Credit Parties or Party and each of its respective Subsidiaries and other Affiliates of any of their Subsidiaries Credit Party as though the Agent were not an the Agent hereunder. With respect to any Note issued the Loans made by it and all Obligations owing to it, the Agent shall have the same rights and powers under this Agreement and Agreement, the other Transaction Documents as any Holder or Lender and may exercise the same as though it were not an AgentCredit Documents, and the terms “HoldersLender” and “Lenders” shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrowers, as though the Agent were not an Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender and may exercise the same as though it were not an Agent, and the terms “Holders” "Lender" and “"Lenders” " shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties Borrower or any of their its Subsidiaries as though the Agent were not an Agent hereunder. With respect to any Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Documents as any Holder or Lender and may exercise the same as though it were not an Agent, and the terms term “Holders” and “Lenders” shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or Borrower, any of their Subsidiaries Subsidiary and the other Obligors as though the Agent were not an the Agent hereunderhereunder and under the other Loan Documents. With respect to The Loans made or renewed by the Agent, and any Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender and the Agent may exercise the same as though it were not an the Agent, and the terms “Holders” "Lender" and “Lenders” shall include the Agent in its individual capacity."

The Agent in its Individual Capacity. The Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from to and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrower as though the Agent were not an Agent hereunder. With respect to any Note issued to Loan made by it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender and may exercise the same as though it were not an Agent, and the terms “Holders” and “term "Lenders” " shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Loan Parties or any of their Subsidiaries as though the Agent were not an a Agent hereunder. With respect to any Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender and may exercise the same as though it were not an a Agent, and the terms “Holders” and term “Lenders” shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Obligor as though the Agent were not an the Agent hereunder. With respect to any Note issued to itits loans made or renewed by it or Revolving Credit Loan obligations hereunder as a Lender, the Agent shall have the same rights and powers powers, duties and liabilities under this Financing Agreement and the other Transaction Documents as any Holder or Lender and may exercise the same as though it were not an Agent, the Agent and the terms “HoldersLender” and “Lenders” shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrower as though the Agent were not an Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender and may exercise the same as though it were not an Agent, and the terms “Holders” "Lender" and “"Lenders” " shall include the Agent in its individual capacity.. M#368727 65

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties Borrower or any of their Subsidiaries other Credit Party as though the Agent were not an the Agent hereunder. With respect to any Note issued the Advances made and all obligations owing to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Documents as any Holder or Lender and may exercise the same as though it were not an the Agent, and the terms “Holders” "Lender" and “"Lenders” " shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties Borrower or any of their Subsidiaries Credit Party as though the Agent were not an the Agent hereunderhereunder and under the other Operative Agreements. With respect to its Loans made or renewed by it and any Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Documents Operative Agreements as any Holder or Lender and may exercise the same as though it were not an the Agent, and the terms “Holders” "Lender" and “Lenders” shall include the Agent in its individual capacity."

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Loan Parties or any of their Subsidiaries as though the Agent were not an the Agent hereunder. With respect to its Loans made or renewed by it and any Note issued to it, the Agent shall have the same rights and powers powers, duties and liabilities under this Agreement and the other Transaction Loan Documents as any Holder or Lender and may exercise the same as though it were not an Agent, the Agent and the terms “Holders” "Lender" and “"Lenders” " shall include the Agent in its individual capacitycapacities.

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties Borrower or any of their Subsidiaries the Lessee as though the Agent were not an the Agent hereunderhereunder and under the other Operative Agreements. With respect to its Loans made or renewed by it and any Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Documents Operative Agreements as any Holder or Lender and may exercise the same as though it were not an Agent, and the terms “Holders” and “Lenders” shall include the Agent in its individual capacity.as

The Agent in its Individual Capacity. The Agent and its respective Subsidiaries and Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrower as though the Agent were not an Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender and may exercise the same as though it were not an Agent, and the terms “Holders” "Lender" and “"Lenders” " shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any Borrower, its Subsidiaries and other Affiliates of their Subsidiaries the Borrower as though the such Agent were not an the Agent hereunder. With respect to any Note issued the Loans made by it and all Obligations owing to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Documents as any Holder or Lender Bank and may exercise the same as though it were not an the Agent, and the terms “Holders” "Bank" and “Lenders” "Banks" shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrower as though the Agent were not an Agent hereunder. With respect to any Extensions of Credit made or renewed by it and any Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender and may exercise the same as though it were not an Agent, and the terms “Holders” "Lender" and “"Lenders” " shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries respective subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrowers as though the Agent were not an a Agent hereunder. With respect to any Note issued to Loan made by it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender and may exercise the same as though it were not an a Agent, and the terms “Holders” and term “Lenders” shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrower as though the Agent were not an the Agent hereunder. With respect to any Revolving Credit Loans made or renewed by it and any Revolving Credit Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender and may exercise the same as though it were not an the Agent, and the terms “Holders” "Lender" and “"Lenders” " shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrower and its Affiliates as though the Agent were not an the Agent hereunder. With respect to Loans made by it and any Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Documents as any Holder or Lender and may exercise the same as though it were not an the Agent, and the terms “Holders” "Lender" and “"Lenders” " shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties Borrower or any of their Subsidiaries the Lessee as though the Agent were not an the Agent hereunderhereunder and under the other Operative Agreements. With respect to its Loans made or renewed by it and any Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Documents as any Holder or Lender and may exercise the same as though it were not an Agent, and the terms “Holders” and “Lenders” shall include the Agent in its individual capacity.under

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or Borrower, any Subsidiary and the other Obligors (including the extension of their Subsidiaries the Leasehold Improvement Loan to the Borrower) as though the Agent were not an the Agent hereunderhereunder and under the other Loan Documents. With respect to the Agent, the Loans made or renewed and the Letters of Credit issued or participated in by the Agent, and any Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender and may exercise the same as though it were not an Agent, and the terms “Holders” and “Lenders” shall include the Agent in its individual capacity.and

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrower as though the Agent were not an Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the each Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender and may exercise the same as though it were not an Agent, and the terms “Holders” "Lender" and “"Lenders” " shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries as though the Agent were not an Agent hereunder. With respect to any Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender and may exercise the same as though it were not an Agent, and the terms “Holders” and term “Lenders” shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrowers as though the Agent were not an Agent hereunder. With respect to any Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Documents as any Holder or Lender and may exercise the same as though it were not an Agent, and the terms term “Holders” and “Lenders” shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrower as though the Agent were not an Agent hereunder. With respect to any Note issued to Term Loan made or renewed by it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Term Lender and may exercise the same as though it were not an Agent, and the terms “Holders” "Term Lender" and “"Term Lenders” " shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the each Credit Parties or any of their Subsidiaries Party as though the Agent were not an Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender and may exercise the same as though it were not an Agent, and the terms “Holders” "Lender" and “"Lenders” " shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Obligors as though the Agent were not an the Agent hereunder. With respect to any Revolving Loans made or renewed by it and any Revolving Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender and may exercise the same as though it were not an the Agent, and the terms “Holders” "Lender" and “Lenders” shall include the Agent in its individual capacity."

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties Borrower or any of their Subsidiaries the Lessee as though the Agent were not an the Agent hereunderhereunder and under the other Operative Agreements. With respect to its Loans made or renewed by it and any Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Documents Operative Agreements as any Holder or Lender and may exercise the same as though it were not an the Agent, and the terms “Holders” "Lender" and “"Lenders” " shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries and ------------------------------------ Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any Holdings, its Subsidiaries and other Affiliates of their Subsidiaries Holdings as though the Agent were not an the Agent hereunder. With respect to any Note issued the Loans made by it and all Obligations owing to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Documents as any Holder or Lender Bank and may exercise the same as though it were not an the Agent, and the terms “Holders” "Bank" and “Lenders” "Banks" shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrowers as though the Agent were not an Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it, the Agent shall have the same rights it and powers under this Agreement and the other Transaction Documents as with respect to any Holder or Lender and may exercise the same as though it were not an Agent, and the terms “Holders” and “Lenders” shall include the Agent in its individual capacity.Letter

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any Borrower and other Affiliates of their Subsidiaries the Borrower as though the Agent such agent were not an Agent agent hereunder. With respect to any Note issued the Loans made by it and all Obligations owing to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Documents as any Holder or Lender Bank and may exercise the same as though it were not an Agentagent, and the terms “Holders” "Bank" and “Lenders” "Banks" shall include the Agent such agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties Borrower or any of their Subsidiaries the Lessee as though the Agent were not an the Agent hereunderhereunder and under the other Operative Agreements. With respect to its portion of the Loan and any Note issued to it, the Agent shall have has the same rights rights, obligations and powers under this Agreement and the other Transaction Documents Operative Agreements as any Holder or Lender and may exercise the same those rights and powers as though it were not an the Agent, and the terms “Holders” "Lender" and “"Lenders” shall " include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent AGENT and its Subsidiaries the AGENT’S parent and Affiliates subsidiaries and affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries BORROWERS as though the Agent AGENT were not an Agent AGENT hereunder. With respect to any Note LOAN made or renewed by the AGENT and any NOTE issued to itthe AGENT, the Agent AGENT shall have the same rights and powers under provided by this Agreement AGREEMENT and the other Transaction Documents LOAN DOCUMENTS as any Holder or Lender other LENDER and may exercise the same as though it were not an Agentthe AGENT, and the terms “HoldersLENDER” and “LendersLENDERS” shall include the Agent AGENT in its individual lending capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrower as though the Agent were not an the Agent hereunderhereunder and under the other Loan Documents. With respect to any Note issued to the Loans made by it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender and may exercise the same as though it were not an Agent, and the terms “Holders” and “Lenders” shall include the Agent in its individual capacity.exercise

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties Borrower, its Subsidiaries or any of their Subsidiaries respective Affiliates as though the Agent were not an the Agent hereunder. With respect to any Note issued to itthe Loans made by and all obligations of the Borrower hereunder and under the other Loan Documents, the Agent shall have the same rights and powers under this Loan Agreement and the other Transaction Documents as any Holder or Lender and may exercise the same as though it were not an the Agent, and the terms “HoldersLender” and “Lenders” shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries subsidiaries and Affiliates affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrower as though the Agent were not an Agent hereunder. With respect to any Loan made or renewed by it and any Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender Bank and may exercise the same as though it were not an Agent, and the terms “Holders” "Bank" and “Lenders” "Banks" shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Obligor as though the Agent were not an the Agent hereunder. With respect to any Note issued to itits loans made or renewed by it or Revolving Credit Loan obligations hereunder as a Lender, the Agent shall have the same rights and powers powers, duties and liabilities under this Financing Agreement and the other Transaction Documents as any Holder or Lender and may exercise the same as though it were not an Agent, and the terms “Holders” and “Lenders” shall include the Agent in its individual capacity.were

The Agent in its Individual Capacity. The Agent and its Subsidiaries respective subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrower as though the Agent were not an Agent hereunder. With respect to any Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender and may exercise the same as though it were not an a Agent, and the terms “Holders” and term “Lenders” shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower or the Credit Parties or any of their Subsidiaries as though the Agent were not an the Agent hereunderhereunder and under the other Operative Agreements. With respect to its Loans made or renewed by it and any Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Documents Operative Agreements as any Holder or Lender and may exercise the same as though it were not an the Agent, and the terms “Holders” "Lender" and “Lenders” shall include the Agent in its individual capacity."

The Agent in its Individual Capacity. The Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrower as though the Agent were not an the Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender and may exercise the same as though it were not an the Agent, and the terms “HoldersLender” and “Lenders” shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries as though the Agent were not an Agent hereunder. With respect to any Note issued to it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Documents as any Holder or Lender and may exercise the same as though it were not an Agent, and the terms “"Holders” " and “"Lenders” " shall include the Agent in its individual capacity.

The Agent in its Individual Capacity. The Agent and its respective Subsidiaries and Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Credit Parties or any of their Subsidiaries Borrower as though the Agent were not an Agent hereunder. With respect to any Loans made or renewed by it and any Note issued to it and with respect to any Letter of Credit issued by it or participated in by it, the Agent shall have the same rights and powers under this Agreement and the other Transaction Loan Documents as any Holder or Lender and may exercise the same as though it were not an Agent, and the terms “Holders” "Lender" and “"Lenders” " shall include the Agent in its individual capacity.