Common use of Decisions; Amendments, Etc Clause in Contracts

Decisions; Amendments, Etc. that directly affects such Participant. The Borrower agrees that each Participant shall be entitled to the benefits of Section 5.03 (Increased Costs), Section 5.05 (Funding Losses) and Section 5.06 (Taxes) (subject to the requirements and limitations therein and in Section 21 (Tax Gross-Up and Indemnities) of the Common Terms Agreement, including the requirements under Section 21.5 (Status of Facility Lenders and Facility Agents) of the Common Terms Agreement (it being understood that any documentation required under Section 5.06 (Taxes) shall be delivered to the participating Working Capital Lender)) to the same extent as if it were a Working Capital Lender and had acquired its interest by assignment pursuant to paragraph (b) of this Section 11.04 (Assignments); provided that, such Participant (A) agrees to be subject to the provisions of Section 5.04 (Obligation to Mitigate) as if it were an assignee under paragraph (b) of this Section 11.04; and (B) shall not be entitled to receive any greater payment under Section 5.03 (Increased Costs) or Section 5.06 (Taxes), with respect to any participation, than its participating Working Capital Lender would have been entitled to receive, except to the extent such entitlement to receive a greater payment results from a Change in Law that occurs after the Participant acquired the applicable participation.

Decisions; Amendments, Etc. that directly affects such Participant. The Borrower agrees that each Participant shall be entitled to the benefits of Section 5.03 Sections 4.03 (Increased Costs), Section 5.05 4.05 (Funding Losses) and Section 5.06 4.06 (Taxes) (subject to the requirements and limitations therein and in Section Article 21 (Tax Gross-Up and Indemnities) of the Common Terms Agreement, including the requirements under Section 21.5 (Status of Facility Lenders and Facility Agents) of the Common Terms Agreement (it being understood that any documentation required under Section 5.06 4.06 (Taxes) shall be delivered to the participating Working Capital Term Lender)) to the same extent as if it were a Working Capital Term Lender and had acquired its interest by assignment pursuant to paragraph (b) of this Section 11.04 10.04 (Assignments); provided that, that such Participant (A) agrees to be subject to the provisions of Section 5.04 4.04 (Obligation to Mitigate) as if it were an assignee under paragraph (b) of this Section 11.0410.04; and (B) shall not be entitled to receive any greater payment under Section 5.03 Sections 4.03 (Increased Costs) or Section 5.06 4.06 (Taxes), with respect to any participation, than its participating Working Capital Term Lender would have been entitled to receive, except to the extent such entitlement to receive a greater payment results from a Change in Law that occurs after the Participant acquired the applicable participation.

Decisions; Amendments, Etc. that directly affects such Participant. The Borrower agrees that each Participant shall be entitled to the benefits of Section Sections 5.03 (Increased Costs), Section 5.05 (Funding Losses) and Section 5.06 (Taxes) (subject to the requirements and limitations therein and in Section 21 (Tax Gross-Up and Indemnities) of the Common Terms Agreement, including the requirements under Section 21.5 (Status of Facility Lenders and Facility Agents) of the Common Terms Agreement (it being understood that any documentation required under Section 5.06 (Taxes) shall be delivered to the participating Working Capital Lender)) to the same extent as if it were a Working Capital Lender and had acquired its interest by assignment pursuant to paragraph (b) of this Section 11.04 (Assignments); provided that, that such Participant (A) agrees to be subject to the provisions of Section 5.04 (Obligation to Mitigate) as if it were an assignee under paragraph (b) of this Section 11.04; and (B) shall not be entitled to receive any greater payment under Section Sections 5.03 (Increased Costs) or Section 5.06 (Taxes), with respect to any participation, than its participating Working Capital Lender would have been entitled to receive, except to the extent such entitlement to receive a greater payment results from a Change in Law that occurs after the Participant acquired the applicable participation.