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

The Agent in its Individual Capacity. With respect to its obligation to make Loans under this Agreement, the Agent shall have the rights and powers specified herein for a "Bank" and may exercise the same rights and powers as though it was not performing the duties specified herein; and the term "Banks," "holders of Notes" or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with the Borrower or any Affiliate of the Borrower as if they were not performing the duties specified herein, and may accept fees and other consideration from the Borrower for services in connection with this Agreement and otherwise without having to account for the same to the Banks.

The Agent in its Individual Capacity. With respect to its obligation to make Loans lend under this AgreementAgreement and the Loans made by it, the Agent shall have the same rights and powers specified herein for a "Bank" hereunder as any other of the Lenders, and may exercise the same rights and powers as though it was were not performing the duties of Agent specified herein; and the term terms "Banks,Lenders" and "holders of NotesMajority Lenders" or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of banking, trust trust, financial advisory or other business with the Borrower or and the Guarantors, and any Affiliate affiliate of the Borrower as if they it were not performing the duties specified hereinherein as Agent, and may accept fees and other consideration from the Borrower for services in connection with this Agreement and otherwise without having to account for the same to the BanksLenders.

The Agent in its Individual Capacity. With respect to its obligation to maintain and make Loans under this Agreement, the Agent shall have the rights and powers specified herein for a "Bank" and may exercise the same rights and powers as though it was were not performing the duties specified herein; and the term "BanksBANKS," "holders of NotesREQUIRED BANKS," "HOLDERS OF NOTES" or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with the Borrower or any Affiliate of the Borrower as if they it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower for services in connection with this Agreement and otherwise without having to account for the same to the Banks.

The Agent in its Individual Capacity. With respect to its ------------------------------------ obligation to make Loans under this Agreement, the Agent shall have the rights and powers specified herein for a "Bank" and may exercise the same rights and powers as though it was 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 the Agent in its individual capacity. The Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with the any Borrower or any Affiliate of the any Borrower as if they it were not performing the duties specified herein, and may accept fees and other consideration from the any Borrower for services in connection with this Agreement and otherwise without having to account for the same to the Banks.

The Agent in its Individual Capacity. With respect to its ------------------------------------ obligation to make Loans under this Agreement, the Agent shall have the rights and powers specified herein for a "Bank" and may exercise the same rights and powers as though it was 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 the Agent in its individual capacity. The Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with the Borrower or any Affiliate of the Borrower as if they it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower for services in connection with this Agreement and otherwise without having to account for the same to the Banks.

The Agent in its Individual Capacity. With respect to its obligation to make Loans under this Agreement, the Agent shall have the rights and powers specified herein for a "Bank" and may exercise the same rights and powers as though it was not performing the duties specified herein; and the term "Banks," ", "holders of Notes" or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent may accept deposits from, lend money to, to and generally engage in any kind of banking, trust or other business with the any Borrower or any Affiliate of the any Borrower as if they it were not performing the duties specified herein, and may accept fees and other consideration from the any Borrower for services in connection with this Agreement and otherwise without having to account for the same to the Banks.

The Agent in its Individual Capacity. With respect to ------------------------------------ its obligation to make Loans under this Agreement, the Agent shall have the rights and powers specified herein for a "Bank" and may exercise the same rights and powers as though it was not performing the duties specified herein; and the term "Banks," "holders of Notes" or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with the Borrower or any Affiliate of the Borrower as if they were not performing the duties specified herein, and may accept fees and other consideration from the Borrower for services in connection with this Agreement and otherwise without having to account for the same to the Banks.

The Agent in its Individual Capacity. With respect to its obligation to make Loans under this Agreement, the Agent shall have the rights and powers specified herein for a "“Bank" ” and may exercise the same rights and powers as though it was not performing the duties specified herein; and the term "“Banks," "” “holders of Notes" ” or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with the Borrower or any Affiliate of the Borrower as if they were not performing the duties specified herein, and may accept fees and other consideration from the Borrower for services in connection with this Agreement and otherwise without having to account for the same to the Banks.

The Agent in its Individual Capacity. With respect to its obligation to make Loans and participate in Letters of Credit under this Agreement, the Agent shall have the rights and powers specified herein for a "Bank" and may exercise the same rights and powers as though it was 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 the Agent in its individual capacity. The Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with the Borrower or any Affiliate of the Borrower as if they it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower or any other Credit Party for services in connection with this Agreement and otherwise without having to account for the same to the Banks.

The Agent in its Individual Capacity. With respect to its obligation obligation, if any, to make Loans pay Reimbursement Amounts under this Agreement, the Agent shall have the rights and powers specified herein for a "BankLender" and may exercise the same rights and powers as though it was were not performing the duties specified herein; and the . The term "Banks," "holders of NotesLender" or any similar terms term shall, unless the context clearly otherwise indicates, include the Agent in its individual capacitycapacity as a Lender. The Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with the Borrower or any Affiliate of the Borrower as if they it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower for services in connection with this Agreement and otherwise without having to account for the same to the BanksArranger, the Fronting Bank or the Lenders.

The Agent in its Individual Capacity. With respect to its obligation to make Loans under this Agreement, the Agent shall have the rights and powers specified herein for a "BankLender" and may exercise the same rights and powers as though it was were not performing the duties specified herein; and the term "BanksLenders," "Required Lenders," "holders of Notes" or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with the Borrower or any Affiliate of the Borrower as if they it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower for services in connection with this Agreement and otherwise without having to account for the same to the BanksLenders.

The Agent in its Individual Capacity. With respect to its obligation to maintain and make Loans under this Agreement, the Agent shall have the rights and powers specified herein for a "BankLender" and may exercise the same rights and powers as though it was were not performing the duties specified herein; and the term "BanksLENDERS," "holders of NotesREQUIRED LENDERS," "HOLDERS OF LOANS" or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with the Borrower or any Affiliate of the Borrower as if they it were not performing the duties specified herein, and may accept fees and other consideration from the Borrower for services in connection with this Agreement and otherwise without having to account for the same to the BanksLenders.

The Agent in its Individual Capacity. With respect to its obligation to make Loans under this Agreement, the Agent shall have the rights and powers specified herein for a "“Bank" ” and may exercise the same rights and powers as though it was not performing the duties specified herein; and the term "“Banks," "”, “holders of Notes" ” or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent may accept deposits from, lend money to, to and generally engage in any kind of banking, trust or other business with the any Borrower or any Affiliate of the any Borrower as if they it were not performing the duties specified herein, and may accept fees and other consideration from the any Borrower for services in connection with this Agreement and otherwise without having to account for the same to the Banks.