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

The Collateral Agent in its Individual Capacity. With respect to its obligations as a lender under the Credit Agreement and any other Credit Documents to which the Collateral Agent is a party, and to act as agent under one or more of such Credit Documents, the institution acting as Collateral Agent shall have the rights and powers specified therein and herein for a "Bank", or an "Agent", as the case may be, and may exercise the same rights and powers as though it were not performing the duties specified herein; and the terms "Banks," "Required Banks," "holders of Notes," or any similar terms shall, unless the context clearly otherwise indicates, include the institution acting as Collateral Agent in its individual capacity. The institution acting as Collateral Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with any Assignor or any Affiliate or Subsidiary of any Assignor as if it were not performing the duties specified herein or in the other Credit Documents, and may accept fees and other consideration from any Assignor for services in connection with the Credit Agreement, the other Credit Documents and otherwise without having to account for the same to the Secured Creditors.

The Collateral Agent in its Individual Capacity. With respect to its obligations as a lender under the Credit Agreement and any other Credit Documents to which the Annex O Collateral Agent is a party, and to act as agent under one or more of such Credit Documents, the institution acting as Collateral Agent shall have the rights and powers specified therein and herein for a "Bank"“Lender”, or an "“Agent"”, as the case may be, and may exercise the same rights and powers as though it were not performing the duties specified herein; and the terms "Banks“Lenders," "” “Required BanksLenders," "” “holders of Notes," ” or any similar terms shall, unless the context clearly otherwise indicates, include the institution acting as Collateral Agent in its individual capacity. The institution acting as Collateral 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 any Assignor or any Affiliate or Subsidiary of any Assignor as if it were not performing the duties specified herein or in the other Credit Documents, and may accept fees and other consideration from any Assignor the Assignors for services in connection with the Credit Agreement, the other Credit Documents and otherwise without having to account for the same to the Secured Creditors.

The Collateral Agent in its Individual Capacity. With respect to its obligations as a lender under the Credit Agreement and any other Credit Documents to which the Collateral Agent is a party, and to act as agent under one or more of such Credit Documents, the institution acting as Collateral Agent shall have the rights and powers specified therein and herein for a "Bank"“Lender”, or Annex O an "“Agent"”, as the case may be, and may exercise the same rights and powers as though it were not performing the duties specified herein; and the terms "Banks“Lenders," "” “Required BanksLenders," "” “holders of Notes," ” or any similar terms shall, unless the context clearly otherwise indicates, include the institution acting as Collateral Agent in its individual capacity. The institution acting as Collateral 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 any Assignor or any Affiliate or Subsidiary of any Assignor as if it were not performing the duties specified herein or in the other Credit Documents, and may accept fees and other consideration from any Assignor the Assignors for services in connection with the Credit Agreement, the other Credit Documents and otherwise without having to account for the same to the Secured Creditors.

The Collateral Agent in its Individual Capacity. With respect to its obligations as a lender under the Credit Agreement and any other Credit Documents to which the Collateral Agent is a party, and to act as administrative agent under one or more of such Credit Documents, the institution acting as Collateral Agent shall have the rights and powers specified therein and herein for a "BankLender", or an "Administrative Agent", as the case may be, and may exercise the same rights and powers as though it were not performing the duties specified herein; and the terms "BanksLenders," "Required BanksLenders," "holders of Notes," or any similar terms shall, unless the context clearly otherwise indicates, include the institution acting as Collateral Agent in its individual capacity. The institution acting as Collateral Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with any Assignor or any Affiliate or Subsidiary of any Assignor as if it were not performing the duties specified herein or in the other Credit Documents, and may accept fees and other consideration from any Assignor for services in connection with the Credit Agreement, the other Credit Documents and otherwise without having to account for the same to the Secured Creditors.

The Collateral Agent in its Individual Capacity. With respect to its obligations as a lender under the Credit Agreement and any other Credit Documents to which the Collateral Agent is a party, and to act as agent under one or more of such Credit Documents, the institution acting as Collateral Agent shall have the rights and powers specified therein and herein for a "Bank"“Lender”, or an "“Agent"”, as the case may be, and may exercise the same rights and powers as though it were not performing the duties specified herein; and the terms "Banks," "“Lenders”, “Required Banks," "Lenders”, “holders of Notes," ”, or any similar terms shall, unless the context clearly otherwise indicates, include the institution acting as Collateral Agent in its individual capacity. The institution acting as Collateral 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 any Assignor or any Affiliate or Subsidiary of any Assignor as if it were not performing the duties specified herein or in the other Credit Documents, and may accept fees and other consideration from any Assignor the Assignors for services in connection with the Credit Agreement, the other Credit Documents and otherwise without having to account for the same to the Secured Creditors.

The Collateral Agent in its Individual Capacity. With respect to its obligations as a lender under the Credit Agreement and any other Credit Documents to which the Collateral Agent is a party, and to act as administrative agent under one or more of such Credit Documents, the institution acting as Collateral Agent shall have the rights and powers specified therein and herein for a "BankLender", or an "Administrative Agent", as the case may be, and may exercise the same rights and powers as though it were not performing the duties specified herein; and the terms "BanksLenders," "Required BanksLenders," "holders of Notes," or any similar terms shall, unless the context clearly otherwise indicates, include the institution acting as Collateral Agent in its individual capacity. The institution acting as Collateral Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with any Assignor or any Affiliate or Subsidiary of any Assignor as if it were not performing the duties specified herein or in the other Credit Documents, and may accept fees and other consideration from any Assignor for services in connection with the Credit Agreement, the other Credit Documents and otherwise without having to account for the same to the Secured Creditors. 10.8.

The Collateral Agent in its Individual Capacity. With respect to its obligations as a lender under the Credit Agreement and any other Credit Documents to which the Collateral Agent is a party, and to act as agent under one or more of such Credit Documents, the institution acting as Collateral Agent shall have the rights and powers specified therein and herein for a "BankLender", or an "Agent", as the case may be, and may exercise the same rights and powers as though it were not performing the duties specified herein; and the terms "BanksLenders," "Required BanksLenders," "holders of Notes," or any similar terms shall, unless the context clearly otherwise indicates, include the institution acting as Collateral Agent in its individual capacity. The institution acting as Collateral 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 any Assignor or any Affiliate or Subsidiary of any Assignor as if it were not performing the duties specified herein or in the other Credit Documents, and may accept fees and other consideration from any Assignor the Assignors for services in connection with the Credit Agreement, the other Credit Documents and otherwise without having to account for the same to the Secured Creditors.

The Collateral Agent in its Individual Capacity. With respect to its obligations as a lender Secured Creditor under the Credit any Secured Debt Agreement and any other Credit Documents to which the Collateral Agent is a party, and to act as agent under one or more of such Credit DocumentsSecured Debt Agreements, the institution acting as Collateral Agent shall have the rights and powers specified therein and herein for a "Bank", or an "Agent", as the case may be“Secured Creditor”, and may exercise the same rights and powers as though it were not performing the duties specified herein; and the terms "Banks," "“Secured Creditors”, “Lenders”, “Required Banks," "Secured Creditors”, “Other Creditors”, “holders of Notes," ”, or any similar terms shall, unless the context clearly otherwise indicates, include the institution acting as Collateral Agent in its individual capacity. The institution acting as Collateral 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 any Assignor or any Affiliate or Subsidiary of any Assignor as if it were not performing the duties specified herein or in the other Credit DocumentsSecured Debt Agreements, and may accept fees and other consideration from any Assignor the Assignors for services in connection with the Credit Agreement, the other Credit Documents Secured Debt Agreements and otherwise without having to account for the same to the Secured Creditors.

The Collateral Agent in its Individual Capacity. With respect to its obligations as a lender under the Credit Agreement and any other Credit Documents to which the Collateral Agent is a party, and to act as agent under one or more of such Credit Documents, the institution acting as Collateral Agent shall have the rights and powers specified therein and herein for a "Bank", an "Agent" or an "Administrative Agent", as the case may be, and may exercise the same rights and powers as though it were not performing the duties specified herein; and the terms "Banks," "Required Banks," "holders of Notes," or any similar terms shall, unless the context clearly otherwise indicates, include the institution acting as Collateral Agent in its individual capacity. The institution acting as Collateral 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 any the Assignor or any Affiliate or Subsidiary of any the Assignor as if it were not performing the duties specified herein or in the other Credit Documents, and may accept fees and other consideration from any the Assignor for services in connection with the Credit Agreement, the other Credit Documents and otherwise without having to account for the same to the Secured Creditors.

The Collateral Agent in its Individual Capacity. With respect to its obligations as a lender under the Credit Agreement and any other Credit Documents to which the Collateral Agent is a party, and to act as agent under one or more of such Credit Documents, the institution acting as Collateral Agent shall have the rights and powers specified therein and herein for a "Bank", ," or an "Agent", ," as the case may be, and may exercise the same rights and powers as though it were not performing the duties specified herein; and the terms "Banks," "Required Banks," "holders of Notes," or any similar terms shall, unless the context clearly otherwise indicates, include the institution acting as Collateral Agent in its individual capacity. The institution acting as Collateral Agent may accept deposits from, lend money to, and generally engage in any kind of banking, trust or other business with any the Assignor or any Affiliate or Subsidiary of any the Assignor as if it were not performing the duties specified herein or in the other Credit Documents, and may accept fees and other consideration from any the Assignor for services in connection with the Credit Agreement, the other Credit Documents and otherwise without having to account for the same to the Secured Creditors.

The Collateral Agent in its Individual Capacity. With respect to its obligations as a lender Secured Creditor under the Credit any Secured Debt Agreement and any other Credit Documents to which the Collateral Agent is a party, and to act as agent under one or more of such Credit DocumentsSecured Debt Agreements, the institution acting as Collateral Agent shall have the rights and powers specified therein and herein for a "Bank", or an "Agent", as the case may beSecured Creditor, and may exercise the same rights and powers as though it were not performing the duties specified herein; and the terms "BanksSecured Creditors," "Lenders," "Required BanksLenders," "Other Creditors," "holders of Notes,Obligations" or any similar terms shall, unless the context clearly otherwise indicates, include the institution acting as Collateral Agent in its individual capacity. The institution acting as Collateral 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 any Assignor or any Affiliate affiliate or Subsidiary of any Assignor as if it were not performing the duties specified herein or in the other Credit DocumentsSecured Debt Agreements, and may accept fees and other consideration from any Assignor the Assignors for services in connection with the Credit Agreement, the other Credit Documents Secured Debt Agreements and otherwise without having to account for the same to the Secured Creditors.

The Collateral Agent in its Individual Capacity. With respect to its obligations as a lender Secured Creditor under the Credit any Secured Debt Agreement and any other Credit Documents to which the Collateral Agent is a party, and to act as agent under one or more of such Credit DocumentsSecured Debt Agreements, the institution acting as Collateral Agent shall have the rights and powers specified therein and herein for a "Bank", or an "Agent", as the case may be“Secured Creditor”, and may exercise the same rights and powers as though it were not performing the duties specified herein; and the terms "“Secured Creditors”, “Banks," "”, “Required Banks," "”, “Other Creditors”, “holders of Notes," ”, or any similar terms shall, unless the context clearly otherwise indicates, include the institution acting as Collateral Agent in its individual capacity. The institution acting as Collateral 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 any Assignor or any Affiliate or Subsidiary of any Assignor as if it were not performing the duties specified herein or in the other Credit DocumentsSecured Debt Agreements, and may accept fees and other consideration from any Assignor the Assignors for services in connection with the Credit Agreement, the other Credit Documents Secured Debt Agreements and otherwise without having to account for the same to the Secured Creditors.

The Collateral Agent in its Individual Capacity. With respect to its obligations as a lender under the Credit Agreement and any other Credit Documents to which the Collateral Agent is a party, and to act as agent under one or more of such Credit Documents, the institution acting as Collateral Agent shall have the rights and powers specified therein and herein for a "Bank", an "Agent" or an "Administrative Agent", as the case may be, and may exercise the same rights and powers as though it were not performing the duties specified herein; and the terms "Banks," "Required Banks," , "holders of Notes," ", or any similar terms shall, unless the context clearly otherwise indicates, include the institution acting as Collateral Agent in its individual capacity. The institution acting as Collateral 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 any Assignor or any Affiliate or Subsidiary of any such Assignor as if it were not performing the duties specified herein or in the other Credit Documents, and may accept fees and other consideration from any such Assignor for services in connection with the Credit Agreement, the other Credit Documents and otherwise without having to account for the same to the Secured Creditors.