The Agents and Their Affiliates. Union Bank (and each successor Administrative Agent) and UNION BANK, N.A. (and each successor Collateral Agent) have the same rights and powers under the Loan Documents as any other Lender and may exercise the same as though they were not the Administrative Agent and the Collateral Agent, respectively, and the term “Lender” or “Lenders” includes Union Bank and UNION BANK, N.A. in their individual capacities. Union Bank (and each successor Administrative Agent) and UNION BANK, N.A. (and each successor Collateral Agent) have and their respective Affiliates may accept deposits from, lend money to and generally engage in any kind of banking, trust or other business with Borrower, any Subsidiary thereof, or any Affiliate of Borrower or any Subsidiary thereof, as if they were not the Administrative Agent and the Collateral Agent, respectively, and without any duty to account therefor to the Lenders. Union Bank (and each successor Administrative Agent) and UNION BANK, N.A. (and each successor Collateral Agent) need not account to any other Lender for any monies received by them for reimbursement of their costs and expenses as Administrative Agent or Collateral Agent hereunder, or (subject to Section 11.10) for any monies received by them in their capacity as Lenders hereunder. Neither the Administrative Agent nor the Collateral Agent shall be deemed to hold a fiduciary relationship with any Lender and no implied covenants, functions, responsibilities, duties, obligations or liabilities shall be read into this Agreement or otherwise exist against the Administrative Agent or the Collateral Agent.
The Agents and Their Affiliates. Each Agent (or an Affiliate of such Agent) shall have the same rights and powers under the Loan Documents as any other Lender and may exercise the same as though it were not an Agent, and the term “Lender” or “Lenders” shall, unless otherwise expressly indicated, include each Agent in its individual capacity. Each Agent and its Affiliates may accept deposits from, lend money to, act as trustee under indentures of, accept investment banking engagements from and generally engage in any kind of business with, the Borrower, any of its Subsidiaries and any Person who may do business with or own securities of the Borrower or any such Subsidiary, all as if such Agent were not an Agent and without any duty to account therefor to the Lenders.
The Agents and Their Affiliates. With respect to its Commitment, the Loans made by it and Notes issued to it, an Agent shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not an agent; for purposes of uniform terminology only, each Agent shall be referred to as a "Lender" hereunder when acting in its lending capacity, and the term "Lender" or "Lenders" shall, unless otherwise expressly indicated, include each Agent in its individual capacity. Each Agent and its Affiliates may lend money to, act as trustee under the indentures of, and generally engage in any kind of business with, any Borrower, any of its Subsidiaries and any Person who may do business with or own securities of any Borrower or any of its Subsidiaries, all as if such Agent were not an agent and without any duty to account therefor to the Lenders. Each Agent or its Affiliates may accept deposits of any Borrower and its Subsidiaries.
The Agents and Their Affiliates. Each Agent shall have the same rights and powers under this Agreement and the other Loan Documents as any other Lender and may exercise or refrain from exercising such rights and power as though it were not an Agent, and each Agent and its affiliates may accept deposits from, lend money to, and generally engage in any kind of business with the Borrowers or any Affiliate of the Borrowers as if it were not an Agent under the Loan Documents. The term “Lender” as used herein and in all other Loan Documents, unless the context otherwise clearly requires, includes each Agent in its individual capacity as a Lender (if applicable).
The Agents and Their Affiliates. With respect to its Commitments ------------------------------- and its Loans and each Note issued to it, each of the Syndication Agent and the Administrative Agent shall have the same rights and powers under this Agreement as any other Lender and may exercise the same as though it were not an Agent; and the term "Lender" or "Lenders" shall, unless otherwise expressly indicated, include each of the Syndication Agent and the Administrative Agent in their individual capacities. The Agents and their respective Affiliates may accept deposits from, lend money to, act as trustee under indentures of, and generally engage in any kind of business with, the Borrower or any other Loan Party and any Person who may do business with or own securities of the Borrower or any other Loan Party, all as if such Agent were not an Agent and without any duty to account therefor to the Lenders.
