Common use of Xxxxx Fargo in its Individual Capacity Clause in Contracts

Xxxxx Fargo in its Individual Capacity. With respect to any Commitment it may make and any Loans made and Letter of Credit Accommodations issued or caused to be issued by it (and any successor acting as an Agent), if and to the extent that Xxxxx Fargo shall be a Lender hereunder, it shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as an Agent, and the term “Lender” or “Lenders” shall, unless the context otherwise indicates, include Xxxxx Fargo in its individual capacity as Lender hereunder. Xxxxx Fargo (and any successor acting as Administrative Agent or Collateral Agent, respectively) and its Affiliates may (without having to account therefore to any Lender) lend money to, make investments in and generally engage in any kind of business with Borrower (and any of its Subsidiaries or Affiliates) as if it were not acting as an Agent, and Xxxxx Fargo and its Affiliates may accept fees and other consideration from Borrower and any of its Subsidiaries and Affiliates for services in connection with this Agreement or otherwise without having to account for the same to Lenders.

Xxxxx Fargo in its Individual Capacity. With respect to any its Commitment it may make and any the Loans made and Letter Letters of Credit Accommodations issued or caused to be issued by it (and any successor acting as an the Administrative Agent), if and to the extent that so long as Xxxxx Fargo shall be a Lender hereunder, it shall have the same rights and powers hereunder as any other Lender and may exercise the same as though it were not acting as an the Administrative Agent, and the term “Lender” or “Lenders” shall, unless the context otherwise indicates, include Xxxxx Fargo in its individual capacity as Lender hereunder. Xxxxx Fargo (and any successor acting as the Administrative Agent or Collateral Agent, respectively) and its Affiliates may (without having to account therefore therefor to any Lender) lend money to, make investments in and generally engage in any kind of business with Borrower the Borrowers (and any of its Subsidiaries or Affiliates) as if it were not acting as an the Administrative Agent, and Xxxxx Fargo and its Affiliates may accept fees and other consideration from Borrower any Loan Party and any of its Subsidiaries and Affiliates for services in connection with this Agreement or otherwise without having to account for the same to the Lenders.

Xxxxx Fargo in its Individual Capacity. With respect to any its Commitment it may make and any the Loans made and Letter Letters of Credit Accommodations issued or caused to be issued by it (and any successor acting as an Agent), if and to the extent that so long as Xxxxx Fargo shall be a Lender hereunder, it shall have the same rights and powers hereunder as any other Lender (except as set forth in Section 13.7 hereof) and may exercise the same as though it were not acting as an Agent, and the term “Lender” or “Lenders” shall, unless the context otherwise indicates, include Xxxxx Fargo in its individual capacity as Lender hereunder. Xxxxx Fargo (and any successor acting as Administrative Agent or Collateral Agent, respectively) and its Affiliates may (without having to account therefore therefor to any Lender) lend money to, make investments in and generally engage in any kind of business with Borrower Borrowers (and any of its Subsidiaries or Affiliates) as if it were not acting as an Agent, and Xxxxx Fargo and its Affiliates may accept fees and other consideration from Borrower Borrowers and any of its their Subsidiaries and Affiliates for services in connection with this Agreement or otherwise without having to account for the same to Lenders.