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 106 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 in its individual capacity, 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 in its individual capacity, 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 Parent or any of its Affiliates as if it were not 106 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 par ticipation 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 106 performing the duties specified 133 135 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 SECOND LIEN CREDIT AGREEMENT EXECUTION 82 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 106 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 Holdings or any of its Affiliates as if it were not 106 performing the duties specified herein, and may accept fees and other consideration from Holdings, Company and each other Subsidiary of Holdings 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 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 106 performing the duties specified herein, and may accept fees and other consideration from 131 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 FIRST LIEN CREDIT AGREEMENT EXECUTION 93 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 106 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 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 Agent and its Affiliates may accept deposits from, lend money to, acquire equity interests in to and generally 102 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 106 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, 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 112 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 106 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 any Borrower or any of its Affiliates as if it were not 106 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 Agents in its their individual capacity as a Lender hereunder. With respect to its their participation in the Loans and the Letters of Credit, an Agent 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 Agents, in each Agent case in its individual capacity. An Agent Agents and its each of their 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 any Borrower or any of its Affiliates as if it were not 106 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.