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

The Agent in its Individual Capacity. With respect to its Commitment, the Loans made by it and the Note or Notes issued to it, the Agent in its individual capacity and not as Agent shall have the same rights and powers under the Credit Documents as any other Lender and may exercise the same as though it were not performing the agency duties specified herein; and the terms "Lenders," "Required Lenders," "holders of Notes" and any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent and its Affiliates may accept deposits from, lend money to, make investments in, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower, any of its Subsidiaries or any of their respective Affiliates as if the Agent were not performing the agency duties specified herein, and may accept fees and other consideration from any of them for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Agent in its Individual Capacity. With respect to its Commitment, ------------------------------------ the Loans made by it and the Note or Notes issued to it, the Agent in its individual capacity and not as Agent shall have the same rights and powers under the Credit Documents as any other Lender and may exercise the same as though it were not performing the agency duties specified herein; and the terms "Lenders," "Required Lenders," "holders of Notes" and any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent and its Affiliates may accept deposits from, lend money to, make investments in, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower, Holdings, any of its their Subsidiaries or any of their respective Affiliates as if the Agent were not performing the agency duties specified herein, and may accept fees and other consideration from any of them for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Agent in its Individual Capacity. With respect to its Commitmentobligation to lend under this Credit Agreement, the Loans made by it and the Note or Notes issued to it, and its participation in Letters of Credit, the Agent in its individual capacity and not as Agent shall have the same rights and powers under the Credit Documents hereunder as any other Lender or holder of a Note or participation interests and may exercise the same as though it were was not performing the agency duties specified herein; and the terms "“Lenders," "Required ” “Majority Lenders," "” “holders of Notes" and ,” or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent and its Affiliates may accept deposits from, lend money to, make investments acquire equity interests in, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower, any of its Subsidiaries Borrower or any Affiliate of their respective Affiliates any Borrower as if the Agent it were not performing the agency duties specified herein, and may accept fees and other consideration from any of them Borrower for services in connection with this Credit Agreement and otherwise without having to account for the same to the Lenders.Lenders or any Issuing Bank. 103

The Agent in its Individual Capacity. With respect to its Commitment, the Loans made by it, the Letters of Credit issued or participated in by it and the Note or Notes issued to it, the Agent in its individual capacity and not as Agent shall have the same rights and powers under the Credit Documents as any other Lender and may exercise the same as though it were not performing the agency duties specified herein; and the terms "“Lenders," "” “Required Lenders," "” “holders of Notes" ” and any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent and its Affiliates may accept deposits from, lend money to, make investments in, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower, any of its Subsidiaries or any of their respective Affiliates as if the Agent were not performing the agency duties specified herein, and may accept fees and other consideration from any of them for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Agent in its Individual Capacity. With respect to its Commitmentobligation to lend under this Agreement, the Loans Loan made by it and the Note or Notes issued to it, the Agent in its individual capacity and not as Agent shall have the same rights and powers under the Credit Documents hereunder as any other Lender or holder of a Note and may exercise the same as though it were not performing the agency duties of Agent specified herein; and the terms "Lenders," "Required Lenders," "holders of Notes," and or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent and its Affiliates may accept deposits from, lend money to, make investments in, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower, any of its Subsidiaries or any Affiliate of their respective Affiliates the Borrower as if the Agent it were not performing the agency duties specified hereinherein as Agent, and may accept fees and other consideration from any of them the Borrower and/or its Subsidiaries for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

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

The Agent in its Individual Capacity. With respect to its Commitment------------------------------------ obligation to make Loans or issue or participate in Letters of Credit under this Agreement, the Loans made by it and the Note or Notes issued to it, the Agent in its individual capacity and not as Agent shall have the same rights and powers under the Credit Documents hereunder as any other Lender Bank, Issuing Bank or holder of a Note and may exercise the same as though it were not performing the agency duties specified herein; and the terms "LendersBanks," "Required LendersBanks," "Issuing Banks," "holders of Notes" and ", or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent and its Affiliates may accept deposits from, lend money to, make investments in, and generally engage in any kind of banking, trust, financial advisory trust or other business with the Borrower, any of its Subsidiaries Company or any affiliate of their respective Affiliates the Company as if the Agent it were not performing the agency duties specified herein, and may accept fees and other consideration from any of them the Company for services in connection with this Agreement and otherwise without having to account for the same to the LendersBanks.

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

The Agent in its Individual Capacity. With respect to its Commitmentobligation as a Lender to lend under this Agreement, the Loans made by it and the Note or Notes issued to it, the Agent in its individual capacity and not as Agent shall have the same rights and powers under the Credit Documents hereunder as any other Lender or holder of a Note and may exercise the same as though it were not performing the agency duties of the Agent specified herein; and the terms "Lenders," "Required Lenders," "holders of Notes," and or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent and its Affiliates affiliates may accept deposits from, lend money to, make investments into (unless expressly prohibited by the terms of this Agreement), and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower, any of its Subsidiaries or any of their respective Affiliates Borrower as if the Agent it were not performing the agency duties specified hereinherein as the Agent, and may accept fees and other consideration from any of them the Borrower for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

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

The Agent in its Individual Capacity. With respect to its Commitment, the Loans made by it and the Note or Notes issued to it, the Agent in its individual capacity and not as Agent shall have the same rights and powers under the Credit Loan Documents as any other Lender or holder of a Note and may exercise the same as though it were not performing the agency duties specified herein; and the terms "Lenders," "Required Lenders," "holders of Notes" and any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent and its Affiliates may accept deposits from, lend money to, make investments in, to and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower, Borrower or any of its Subsidiaries or any of their respective Affiliates as if the Agent it were not performing the agency duties specified herein, and may accept fees and other consideration from any of them for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Agent in its Individual Capacity. With respect to its Commitment, the Loans made by it, the Letters of Credit issued or participated in by it and the Note or Notes issued to it, the Agent in its individual capacity and not as Agent shall have the same rights and powers under the Credit Loan Documents as any other Lender and may exercise the same as though it were not performing the agency duties specified herein; and the terms "Lenders," "Required Lenders," "holders of Notes" and any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent and its Affiliates may accept deposits from, lend money to, make investments in, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower, any of its Subsidiaries or any of their respective Affiliates as if the Agent were not performing the agency duties specified herein, and may accept fees and other consideration from any of them for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.

The Agent in its Individual Capacity. With respect to its Commitmentobligation as a Lender to lend under this Agreement, the Loans made by it and the Note or Notes issued to it, the Agent in its individual capacity and not as Agent Fleet Capital shall have the same rights and powers under the Credit Documents hereunder as any other Lender or holder of a Note and may exercise the same as though it were not also performing the agency duties of the Agent specified herein; and the terms "Lenders," ", "Required Lenders," "holders of Notes" and , or any similar terms shall, unless the context clearly otherwise indicates, include the Agent Fleet Capital in its individual capacity. The Agent and its Affiliates Fleet Capital may accept deposits from, lend money to, make investments in, and generally engage in any kind of banking, trust, financial advisory or other business with the Borrower, any of its Subsidiaries a Borrower or any Affiliate of their respective Affiliates a Borrower as if the Agent Fleet Capital were not performing the agency duties specified hereinherein (including, without limitation, in connection with any Hedge Obligations), and may receive payments on such loans, extensions of credit, and other transactions, and may accept fees and other consideration from a Borrower or any Affiliate of them the Borrower for services in connection with this Agreement and otherwise otherwise, without having to account for the same to the Lenders.

The Agent in its Individual Capacity. With respect to its Commitment, the ------------------------------------ obligation to make Loans made by it and the Note or Notes issued to itunder this Agreement, the Agent in its individual capacity and not as Agent shall have the rights and powers specified herein for a "Lender" and may exercise the same rights and powers under the Credit Documents as any other Lender and may exercise the same as though it were not performing the agency duties specified herein; and the terms term "Lenders," "Required Lenders," "holders of Notes" and or any similar terms shall, unless the context clearly otherwise indicates, include the Agent in its individual capacity. The Agent and its Affiliates may accept deposits from, lend money to, make investments in, and generally engage in any kind of banking, trust, financial advisory trust or other business with the Borrower, any of Borrower and its Subsidiaries or any of their respective Affiliates Affiliate thereof as if the Agent it were not performing the agency duties specified herein, and may accept fees and other consideration from any of them Holdings and its Subsidiaries for services in connection with this Agreement and otherwise without having to account for the same to the Lenders.