Common use of Agents Entitled to Act as Lender Clause in Contracts

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The Any agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditRevolving Loans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company the Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company the Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrowers for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” or “Lenders” or any similar term " shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings, Borrower or any of its their Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company the Loan Parties and their Subsidiaries for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each such Agent in its individual capacity. An Each Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company and/or its Subsidiaries for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The Any agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company the Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company the Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each such Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company the Borrowers or any of its their Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own Securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, hereunder and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Each Agent and each of its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company any Borrower or any Affiliate of its Affiliates any Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from Company any Borrower for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Administrative Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an Administrative Agent shall have the same rights and powers in its capacity as a Lender hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions of Administrative Agent delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicatesexpressly indicates or otherwise requires, include each the Person serving as Administrative Agent hereunder in its individual capacity. An Administrative Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company any Credit Party or any of its Affiliates thereof as if it were not performing the duties specified herein, and may accept fees and other consideration from Company the Credit Parties for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans Loans, the Acceptances and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Each Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company and its Subsidiaries for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity capacity, if any, as a Lender hereunder. With respect to its participation participation, if any, in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Parent or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company any Loan Party for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrower for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and Loans, the Letters of CreditCredit and the Bank Guarantees, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Parent or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency agencies hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the or Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or the “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacitycapacity as a Lender. An Each Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company any member of the Borrower Group or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company the members of the Borrower Group for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings, the Borrower, the Affiliated Guarantors or any of its their Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company the Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrowers for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditFirst Priority Term Loans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” or “Lenders” or any similar term " shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company the Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company the Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to the Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, hereunder and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Each Agent and each of its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company any Borrower or any Affiliate of its Affiliates any Borrower as if it were not performing the duties specified herein, and may accept fees and other consideration from Company any Borrower for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with the Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditTerm Loans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders. [***] = Confidential treatment requested for redacted portion; redacted portion has been filed separately with the Securities and Exchange Commission.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Synthetic Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The To the extent any Agent is also a Lender hereunder, the agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” or “Lenders” or any similar term " shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company the Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company the Companies for services in connection with this Agreement herewith and otherwise without having to account for the same to the Lenders. No Agent shall be subject to any fiduciary or other implied duties regardless of whether a Default has occurred and is continuing.

Agents Entitled to Act as Lender. The agency agencies hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the or Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “the Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacitycapacity as a Lender. An Each Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company any Borrower or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company any Borrower for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditTerm Loans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company the Companies for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditTerm Loans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” or “Lenders” or any similar term " shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with the Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Company for services in connection with this Agreement herewith and otherwise without having to account for the same to the Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company any Borrower for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Company for services in 101 connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit and Hedge Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditTerm Loans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Holdings, Company or any of its their respective Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an either Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent Loans. Agents shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent Agents in its their individual capacity. An Either Agent and its respective Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency agencies hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the agency duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each such Agent in its individual capacitycapacity as Lender. An Each Agent and its Affiliates and Related Funds may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, herein and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditTerm Loans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with any Holding Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from a Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders. 9.5.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with the Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Parent or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company any Loan Party for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” or “Lenders” or any similar term " shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates Affiliates, including making an equity investment in Company or any of its Affiliates, in any case, as if it such Agent were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.. Table of Contents

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Borrowers or any of its their Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrowers for services in connection with this Agreement and otherwise without having to account for the same to Lenders.. 118

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with the Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Company for services in connection with this Agreement herewith and otherwise without having to account for the same to the Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, hereunder and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Each Agent and each of its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any Affiliate of its Affiliates Company as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Parent or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company any Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each such Agent in its individual capacity. An Each Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company and/or its Subsidiaries for services in connection with this Agreement and otherwise without having to account for the same to Lenders.. 133

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company and each other Subsidiary of Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditTerm Loans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” or “Lenders” or any similar term " shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits 110 from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with the Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not 119 performing the duties specified herein, and may accept fees and other consideration from Company either Credit Agreement Party and its Subsidiaries for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” or “Lenders” or any similar term " shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with the Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Company for services in connection with this Agreement herewith and otherwise without having to account for the same to the Lenders. No Agent shall be subject to any fiduciary or other implied duties regardless of whether a Default has occurred and is continuing.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditTerm Loans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” or “Lenders” or any similar term " shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with the Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall -------------------------------- in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each such Agent in its individual capacity. An Each Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company and/or its Subsidiaries for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” or “Lenders” or any similar term " shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The Any agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditTerm Loans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Parent or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrower for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with the Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of CreditLoans, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its their respective Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Holdings or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company Borrowers or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company Borrowers for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, and the term “Lender” or “Lenders” or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.. 9.3

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an either Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not performing the duties and functions delegated to it hereunder, hereunder and the term “"Lender” " or “"Lenders” " or any similar term shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Each Agent and each of its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with Company or any Affiliate of its Affiliates Company as if it were not performing the duties specified herein, and may accept fees and other consideration from Company for services in connection with this Agreement and otherwise without having to account for the same to Lenders.

Agents Entitled to Act as Lender. The agency hereby created shall in no way impair or affect any of the rights and powers of, or impose any duties or obligations upon, an any Agent in its individual capacity as a Lender hereunder. With respect to its participation in the Loans and the Letters of Credit, an each Agent shall have the same rights and powers hereunder as any other Lender and may exercise the same as though if it were not performing the duties and functions delegated to it hereunder, and the term “"Lender” or “Lenders” or any similar term " shall, unless the context clearly otherwise indicates, include each Agent in its individual capacity. An Any Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in own securities of, and generally engage in any kind of commercial banking, investment banking, trust, financial advisory or other business with the Company or any of its Affiliates as if it were not performing the duties specified herein, and may accept fees and other consideration from the Company for services in connection with this Agreement herewith and otherwise without having to account for the same to Lenders.