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, and its participation in Letters of Credit, 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," "Majority 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 any Borrower or any Affiliate of any Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from any Borrower for services in connection with this Credit Agreement and otherwise without having to account for the same to the Lenders or any Issuing Bank.

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

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

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, the each 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," "Majority Lenders," "holders of Notes," or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent Agents, and their 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 any Borrower or any Affiliate of any Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from any Borrower for services in connection with this Credit Agreement and otherwise without having to account for the same to the Lenders or any Issuing Bank.

The Agent in its Individual Capacity. With respect to its obligation as a Lender to lend under this Credit Agreement, the Loans made by it and the Notes issued to it, and its participation in Letters of Credit, the Agent Fleet Capital 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 were not also performing the duties of the Agent specified herein; and the terms "Lenders," "Majority , "Required Lenders," "holders of Notes," , or any similar terms shall, unless the context clearly otherwise indicates, include the Agent Fleet Capital in its individual capacity. The Agent Fleet Capital 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 any a Borrower or any Affiliate of any a Borrower as if it Fleet Capital were not performing the duties specified hereinherein (including, without limitation, in connection with any Hedge Obligations), and may receive payments on such loans, extensions of credit, and other transactions, and may accept fees and other consideration from a Borrower or any Affiliate of the Borrower for services in connection with this Credit Agreement and otherwise otherwise, without having to account for the same to the Lenders or any Issuing BankLenders.

The Agent in its Individual Capacity. With respect to its ------------------------------------ obligation to lend make Loans under this Credit Agreement, the Loans made by it and the Notes issued to it, and its participation in Letters of Credit, the Agent shall have the same rights and powers hereunder as any other Lender or holder of specified herein for a Note or participation interests "Lender" and may exercise the same rights and powers as though it was were not performing the duties specified herein; and the terms term "Lenders," "Majority 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 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 trust or other business with any the Borrower and its Subsidiaries or any Affiliate of any Borrower thereof as if it were not performing the duties specified herein, and may accept fees and other consideration from any Borrower Holdings and its Subsidiaries for services in connection with this Credit Agreement and otherwise without having to account for the same to the Lenders or any Issuing BankLenders.

The Agent in its Individual Capacity. With respect to its ------------------------------------ obligation to lend under this Credit Agreement, the make Loans made by it and the Notes issued to it, and its participation or issue or participate in Letters of CreditCredit under this Agreement, the Agent shall have the same rights and powers hereunder as any other Lender Bank, Issuing Bank or holder of a Note or participation interests and may exercise the same as though it was were not performing the duties specified herein; and the terms "LendersBanks," "Majority LendersRequired Banks," "Issuing 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, acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory trust or other business with any Borrower the Company or any Affiliate affiliate of any Borrower the Company as if it were not performing the duties specified herein, and may accept fees and other consideration from any Borrower the Company for services in connection with this Credit Agreement and otherwise without having to account for the same to the Lenders or any Issuing BankBanks.

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 Note issued to it, and its participation in Letters of Credit, 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 were not performing the duties of Agent specified herein; and the terms "Lenders," "Majority 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 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 any Borrower the Borrower, its Subsidiaries or any Affiliate of any the Borrower as if it were not performing the duties specified hereinherein as Agent, and may accept fees and other consideration from any the Borrower and/or its Subsidiaries for services in connection with this Credit Agreement and otherwise without having to account for the same to the Lenders or any Issuing BankLenders.

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, 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," "Majority 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 any Borrower or any Affiliate of any Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from any Borrower for services in connection with this Credit Agreement and otherwise without having to account for the same to the Lenders or any Issuing BankLender.

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, 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," "” “Majority 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 any the Borrower or any Affiliate of any the Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from any the Borrower for services in connection with this Credit Agreement and otherwise without having to account for the same to the Lenders or any Issuing Bank.

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

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