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 §4.3.2, 4.7 and 4.8 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. 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 §4.3.2 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 §4.3.3 as though it were a Lender.

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under §4.3.2§3.3.2, 4.7 3.7 and 4.8 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. 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 §4.3.2 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 §4.3.3 3.3.3 hereof as though it were a Lender.

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under §4.3.2, 4.7 and 4.8 Section 3.1 or 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. Without limiting the foregoing, a A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of §4.3.2 Section 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 §4.3.3 Section 3.1(e) as though it were a LenderLender and any such Participant shall be deemed to be a Lender for purposes of the definition of Excluded Taxes.