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

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Loans made by it and the Notes issued to it, its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interests and may exercise the same as though it was not performing the duties specified herein; and the terms “Lenders”, “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, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Credit Parties or any Affiliate of the Credit Parties as if it were not performing the duties specified herein, and may accept fees and other consideration from the Credit Parties for services in connection with this Credit Agreement and otherwise without having to account for the same with the Lenders.

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Loans made by it and the Notes issued to it, its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit Loan Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interests and may exercise the same as though it was not performing the duties specified herein; and the terms “Lenders”, “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, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Credit Parties Borrower or any Affiliate of the Credit Parties Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from the Credit Parties Borrower for services in connection with this Credit Agreement and otherwise without having to account for the same with the Lenders.

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Revolving Loans made by it and the Revolving Notes issued to it, it and its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Revolving Note or participation interests and may exercise the same as though it was not performing the duties specified herein; and the terms “"Lenders”, “Required ," "Majority Lenders”, “," "holders of Revolving 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, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Credit Parties Borrowers or any Affiliate of the Credit Parties any Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from the Credit Parties Borrower for services in connection with this Credit Agreement and otherwise without having to account for the same with to the Lenders.

The Agent in its Individual Capacity. With respect to its ------------------------------------ obligation to lend under this Credit Agreement, the Loans made by it and the Revolving Notes issued to it, and its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Revolving Note or participation interests and may exercise the same as though it was not performing the duties specified herein; and the terms “"Lenders”, “," "Required Lenders”, “," "holders of Revolving 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, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Credit Parties Holding or any Affiliate of the Credit Parties Holding as if it were not performing the duties specified herein, and may accept fees and other consideration from the Credit Parties Holding for services in connection with this Credit Agreement and otherwise without having to account for the same with to the Lenders.

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Loans made by it and the Notes issued to it, its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interests and may exercise the same as though it was not performing the duties specified herein; and the terms “"Lenders”", “"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, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Credit Parties or any Affiliate of the Credit Parties as if it were not performing the duties specified herein, and may accept fees and other consideration from the Credit Parties for services in connection with this Credit Agreement and otherwise without having to account for the same with the Lenders.

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Revolving Loans made by it and the Revolving Notes issued to it, and its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Revolving Note or participation interests and may exercise the same as though it was not performing the duties specified herein; and the terms “"Lenders”, “Required ," "Majority Lenders”, “," "holders of Revolving 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, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Credit Parties Borrower or any Affiliate of the Credit Parties Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from the Credit Parties Borrower for services in connection with this Credit Agreement and otherwise without having to account for the same with to the Lenders.

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Revolving Loans made by it and the Revolving Notes issued to it, it and its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Revolving Note or participation interests and may exercise the same as though it was not performing the duties specified herein; and the terms “"Lenders”, “Required ," "Majority Lenders”, “," "holders of Revolving 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, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Credit Parties Guarantor, the Borrowers or any Affiliate of the Credit Parties thereof as if it were not performing the duties specified herein, and may accept fees and other consideration from the Credit Parties Guarantor and the Borrowers for services in connection with this Credit Agreement and otherwise without having to account for the same with to the Lenders.

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Loans Loan made by it and the Notes Revolving Credit Note and Term Note issued to it, its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Revolving Credit Note or participation interests and Term Note and may exercise the same as though it was were not performing the duties of Agent specified herein; and the terms “"Lenders”, “Required ," "Majority Lenders”, “," "holders of Revolving Credit Notes”, ," "holders of Term Notes," or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent also may exercise the rights and remedies of the Swing Line Lender. The Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Credit Parties Borrower or any Affiliate Subsidiary of the Credit Parties Borrower as if it were not performing the duties specified hereinherein as Agent, and may accept fees and other consideration from the Credit Parties Borrower for services in connection with this Credit Agreement and otherwise without having to account for the same with to the Lenders.. Section 12.09

The Agent in its Individual Capacity. With respect to its obligation ------------------------------------ to lend under this Credit Agreement, the Loans made by it and the Notes issued to it, and its participation in Letters of Credit Credit, Acceptances created pursuant hereto issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit DocumentsForeign Exchange Contracts executed pursuant hereto, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interests and may exercise the same as though it was not performing the duties specified herein; and the terms “"Lenders”, “," "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, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Credit Parties Borrower or any Affiliate of the Credit Parties Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from the Credit Parties Borrower for services in connection with this Credit Agreement and otherwise without having to account for the same with to the Lenders.

The Agent in its Individual Capacity. With respect to its obligation to lend under this Credit Agreement, the Loans made by it and the Notes issued to it, its participation in Letters of Credit issued hereunder, and all of its rights and obligations as a Lender hereunder and under the other Credit Documents, the Agent shall have the same rights and powers hereunder as any other Lender or holder of a Note or participation interests and may exercise the same as though it was not performing the duties specified herein; and the terms “"Lenders”", “"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, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Credit Parties Borrowers or any Affiliate of the Credit Parties Borrowers as if it were not performing the duties specified herein, and may accept fees and other consideration from the Credit Parties Borrowers for services in connection with this Credit Agreement and otherwise without having to account for the same with the Lenders.