Common use of Limitation upon Participant Rights Clause in Contracts

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) as though it were a Lender.

Appears in 23 contracts

Samples: Credit Agreement (Royalty Pharma PLC), Credit Agreement (Royalty Pharma PLC), Term Loan Credit Agreement (Toro Co)

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Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 21 contracts

Samples: Credit Agreement (Carmax Inc), Credit Agreement (Carmax Inc), Credit Agreement (Pulse Electronics Corp)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.01, 3.04 or 3.04 3.05 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A No Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) as though it were a Lender.

Appears in 13 contracts

Samples: Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s Company's prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 6 contracts

Samples: Credit Agreement (Technitrol Inc), Credit Agreement (Technitrol Inc), Credit Agreement (Stericycle Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the BorrowerToro’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Toro is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 5 contracts

Samples: Credit Agreement (Toro Co), Credit Agreement (Toro Co), Credit Agreement (Toro Co)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled consent or to the benefits of Section 3.01 unless the Borrower is notified of the participation sold extent that any entitlement to a greater payment results from a Change in Law arising after such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) as though it were became a LenderParticipant.

Appears in 5 contracts

Samples: Senior Secured Credit Agreement (Polymer Group Inc), Credit Agreement (Polymer Group Inc), Senior Unsecured Bridge Credit Agreement (Polymer Group Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Parent Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Parent Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 5 contracts

Samples: Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.), Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.), Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 2.12 or 3.04 2.15 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 2.15 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) 2.15 as though it were a Lender.

Appears in 5 contracts

Samples: Credit Agreement (Invesco Ltd.), Credit Agreement (Invesco Ltd.), Credit Agreement (Invesco Ltd.)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with subsection (A) of Section 3.01(e3.01(e)(i) as though it were a Lender.

Appears in 4 contracts

Samples: Senior Secured Bridge Credit Agreement (Echo Pharma Acquisition LTD), Senior Secured Bridge Credit Agreement (Echo Pharma Acquisition LTD), Senior Secured Bridge Credit Agreement (Echo Pharma Acquisition LTD)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e3.01(f) as though it were a Lender.

Appears in 3 contracts

Samples: Second Amendment (Stericycle Inc), Credit Agreement (Stericycle Inc), Credit Agreement (Stericycle Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) 3.01 as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (Adobe Inc.), Credit Agreement (Adobe Inc.), Credit Agreement (Adobe Systems Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the BorrowerParent Xxxxxxxx’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Parent Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 3 contracts

Samples: Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.), Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.), Abl Credit Agreement (Steinway Musical Instruments Holdings, Inc.)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Revolving Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Revolving Lender shall not be entitled to the benefits of Section 3.01 unless (i) the Borrower is notified of the participation sold to such Participant and (ii) such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) as though it were a Revolving Lender.

Appears in 3 contracts

Samples: Credit Agreement (Directv), Credit Agreement (Directv), Credit Agreement (Directv Holdings LLC)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) 11.15 as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (Albemarle Corp), Credit Agreement (Albemarle Corp), Credit Agreement (Albemarle Corp)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) as though it were a Lender.

Appears in 2 contracts

Samples: Credit Agreement (Sabre Holdings Corp), Credit Agreement (Sabre Holdings Corp)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless (i) the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would consent (not to be a Foreign Lender if it were a Lender shall not be entitled unreasonably withheld) or (ii) to the benefits of Section 3.01 unless the Borrower is notified of the participation sold extent that any entitlement to a greater payment results from a Change in Law arising after such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) as though it were became a LenderParticipant.

Appears in 2 contracts

Samples: Superpriority Secured Debtor in Possession Credit Agreement (Libbey Inc), Senior Secured Credit Agreement (Libbey Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s SALIC's prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower SALIC is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 2 contracts

Samples: Credit Agreement (Scottish Re Group LTD), Credit Agreement (Scottish Re Group LTD)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.01, 3.04 or 3.04 3.05 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 2 contracts

Samples: Credit Agreement (Amphenol Corp /De/), Credit Agreement (Amphenol Corp /De/)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s Borrowers’ prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 2 contracts

Samples: Credit Agreement (Tempur Pedic International Inc), Credit Agreement (Millipore Corp /Ma)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) 11.15 as though it were a Lender.

Appears in 2 contracts

Samples: 364 Day Credit Agreement (Albemarle Corp), 364 Day Credit Agreement (Albemarle Corp)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Lead Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Lead Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Lead Borrower, to comply with Section 3.01(e) as though it were a Lender.

Appears in 2 contracts

Samples: Credit Agreement (Apria Healthcare Group Inc), Credit Agreement (Ahny-Iv LLC)

Limitation upon Participant Rights. A Participant shall will not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall will not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerCompany, to comply with Section 3.01(e) as though it were a Lender.

Appears in 2 contracts

Samples: Credit Agreement (Starbucks Corp), Credit Agreement (Starbucks Corp)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s 's prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) as though it were a Lender.

Appears in 2 contracts

Samples: Credit Agreement (Schnitzer Steel Industries Inc), Credit Agreement (Kellwood Co)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 2.11 or 3.04 2.14 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 2.14 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) 2.14 as though it were a Lender.

Appears in 2 contracts

Samples: Credit Agreement (Invesco Ltd.), Five Year Credit Agreement (Invesco Ltd.)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 Sections 3.2 through 3.8 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified , which consent sets forth an express waiver of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) as though it were a Lenderlimitation on Sections 3.2 through 3.8 which are set forth in this subsection.

Appears in 2 contracts

Samples: 364 Day Credit Agreement (Plains All American Pipeline Lp), Credit Agreement (Plains All American Pipeline Lp)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) 3.01 as though it were a Lender.

Appears in 2 contracts

Samples: Credit Agreement (Adobe Inc.), Credit Agreement (Adobe Inc.)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 §§3.3.2, 3.7 and 3.8 hereof than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Without limiting the foregoing, a Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 §3.3.2 hereof unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) §3.3.3 hereof as though it were a Lender.

Appears in 2 contracts

Samples: Credit Agreement (Staples Inc), Credit Agreement (Staples Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 2.12 or 3.04 2.15 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s Borrowers’ prior written consent. A Participant that would be a Foreign foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 2.15 unless the Borrower is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) 2.15 as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Invesco Ltd.)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of (and agrees to) the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Pentair Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless (i) in the case of a Participant that would be a Foreign Lender if it was a Lender, the Borrower is notified of the participation sold to such Participant and (ii) such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Directv Financing Co Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the U.S. Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the U.S. Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the each Borrower, to comply with Section 3.01(e3.01(a)(v) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Life Technologies Corp)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 3.02 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Inphonic Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e3.01(f) as though it were a Lender.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Stericycle Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the BorrowerAnixter’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Anixter is notified of (and agrees to) the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Revolving Credit Agreement (Anixter International Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the U.S. Borrower’s prior written consent. A Participant that would , not to be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) as though it were a Lenderunreasonably withheld or delayed.

Appears in 1 contract

Samples: Credit Agreement (Gates Industrial Corp PLC)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) 11.15 as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Albemarle Corp)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 2.11 or 3.04 2.14 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s 's prior written consent. A Participant that would be a Foreign foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 2.14 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) 2.14 as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Amvescap PLC/London/)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.1 or 3.04 3.4 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.1 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) 3.1.6 as though it were a Lender.

Appears in 1 contract

Samples: Term Loan Agreement (Prologis)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Greenbrier Companies Inc)

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Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Carmax Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.01, 3.04 or 3.04 3.05 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Main Borrower’s prior written consent. A No Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Main Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Peabody Energy Corp)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.1 or 3.04 3.4 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.1 unless the Borrower Company is notified of (and agrees to) the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e3.1(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Pentair Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s SALIC's prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower SALIC is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Letter of Credit Agreement (Scottish Re Group LTD)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.01, 3.04 or 3.04 3.05 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A No Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Contura Energy, Inc.)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the US Borrower’s 's prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the US Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) 10.14 as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Libbey Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than 3.04than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Technitrol Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.1, 3.2, 3.4 or 3.04 3.5 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the BorrowerVisa Inc.’s prior written consent. A Participant that would be a Foreign Non-U.S. Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.5 unless the Borrower is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) 3.6 as though it were a Lender.

Appears in 1 contract

Samples: Five Year Revolving Credit Agreement (Visa Inc.)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s Company's prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Avnet Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.1 or 3.04 3.4 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.1 unless the Borrower Company is notified of (and agrees to) the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) 3.1.5 as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Pentair Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.1 or 3.04 3.4 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.1 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e3.1(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Sunrise Senior Living Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender Lender, or that would otherwise have any obligation under Section 3.01(e) if it were a Lender, shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Perkinelmer Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) as though it were a Lender (it being understood that any documentation required under Section 3.01 shall be delivered to the participating Lender).

Appears in 1 contract

Samples: Credit Agreement (Healthcare Royalty, Inc.)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Notwithstanding anything to the contrary contained herein, a Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerLoan Parties, to comply with Section 3.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Masonite International Corp)

Limitation upon Participant Rights. A Participant shall will not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s Company's prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall will not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerCompany, to comply with Section 3.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Starbucks Corp)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 2.12 or 3.04 2.15 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s Borrowers' prior written consent. A Participant that would be a Foreign foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 2.15 unless the Borrower is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) 2.15 as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Invesco Ltd.)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s Company's prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such 101 Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Solectron Corp)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.01, 3.04 or 3.04 3.05 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Designated Borrower’s prior written consent. A No Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Contura Energy, Inc.)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Greenbrier Companies Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.6 or 3.04 3.11 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.11 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e3.11(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Triad Hospitals Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section SECTION 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s 's prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section SECTION 3.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section SECTION 3.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Senior Secured Bridge Credit Agreement (Great Atlantic & Pacific Tea Co Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s Anixter's prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Anixter is notified of (and agrees to) the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Revolving Credit Agreement (Anixter International Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s 's prior written consent. A In addition and without limitation of the foregoing sentence, a Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) and Section 3.06 as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Seaboard Corp /De/)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.01, 3.04 or 3.04 305, than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Quaker Chemical Corp)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified in writing of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Dade Behring Holdings Inc)

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