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

The Agent in its Individual Capacity. As a Lender, Bank of America shall have the same rights and remedies under the other Credit Documents as any other Lender, and the terms “Lenders,” “Required Lenders”, or “Super-Majority Lenders” or any similar term shall include Bank of America and its Affiliates in their capacities as Lenders. Each of Bank of America and its Affiliates may accept deposits from, lend money to, provide Bank Products to, act as financial or other advisor to, and generally engage in any kind of business with, the Loan Parties and their Affiliates, as if Bank of America was not the Agent hereunder, without any duty to account therefor to Lenders. In their individual capacities, Bank of America and its Affiliates may receive information regarding the Loan Parties, their Affiliates and their Account Debtors (including information subject to confidentiality obligations), and each Secured Party agrees that Bank of America and its Affiliates shall be under no obligation to provide such information to any Secured Party, if acquired in such individual capacity.

The Agent in its Individual Capacity. As a Lender, Bank of America shall have the same rights and remedies under the other Credit Loan Documents as any other Lender, and the terms “Lenders,” “Required Lenders”, or “Super-Majority Requisite Lenders” or any similar term shall include Bank of America and in its Affiliates in their capacities capacity as Lendersa Lender. Each of Bank of America and its Affiliates may accept deposits from, maintain deposits or credit balances for, invest in, lend money to, provide Bank Products to, act as trustee under indentures of, serve as financial or other advisor to, and generally engage in any kind of business with, the Loan Parties Obligors and their Affiliates, as if Bank of America was not the Agent hereunderwere any other bank, without any duty to account therefor (including any fees or other consideration received in connection therewith) to the other Lenders. In their individual capacitiescapacity, Bank of America and its Affiliates may receive information regarding the Loan PartiesObligors, their Affiliates Affiliates, and their Account Debtors (including information subject to confidentiality obligations), and each Secured Party Lender agrees that Bank of America and its Affiliates shall be under no obligation to provide such information to any Secured Partythe Lenders, if acquired in such individual capacitycapacity and not as the Agent hereunder.

The Agent in its Individual Capacity. As a Lender, Bank of America shall have the same rights and remedies under the other Credit Loan Documents as any other Lender, and the terms “"Lenders,” “Required " "Requisite Lenders”, or “Super-Majority Lenders” " or any similar term shall include Bank of America and in its Affiliates in their capacities capacity as Lendersa Lender. Each of Bank of America and its Affiliates may accept deposits from, maintain deposits or credit balances for, invest in, lend money to, provide Bank Products to, act as trustee under indentures of, serve as financial or other advisor to, and generally engage in any kind of business with, the Loan Parties Obligors and their Affiliates, as if Bank of America was not the Agent hereunderwere any other bank, without any duty to account therefor (including any fees or other consideration received in connection therewith) to the other Lenders. In their individual capacitiescapacity, Bank of America and its Affiliates may receive information regarding the Loan PartiesObligors, their Affiliates Affiliates, and their Account Debtors (including information subject to confidentiality obligations), and each Secured Party Lender agrees LOAN AND SECURITY AGREEMENT that Bank of America and its Affiliates shall be under no obligation to provide such information to any Secured Partythe Lenders, if acquired in such individual capacitycapacity and not as the Agent hereunder.