Common use of Separate Capacities Clause in Contracts

Separate Capacities. Notwithstanding that the Facility Agent and the Security Agent may from time to time be the same entity, the Facility Agent and Security Agent have entered into this Deed in their separate capacities. Provided that where this Deed provides for the Facility Agent to communicate with or provide instructions to the Security Agent, while the Facility Agent and the Security Agent are the same entity, it will not be necessary for there to be any such formal communication or instructions notwithstanding that this Deed provides in certain cases for the same to be in writing.