Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 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 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 2.14(e) as though it were a Lender.
Appears in 22 contracts
Samples: Secured Revolving Credit Agreement (Sierra Income Corp), Senior Secured (THL Credit, Inc.), Senior Secured (Sierra Income Corp)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 5.01 or 2.13 5.03 than the applicable a 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 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 2.14(e) as though it were a Lender.
Appears in 21 contracts
Samples: Agreement (Decipher Biosciences, Inc.), Term Loan Agreement, Agreement (Decipher Biosciences, Inc.)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 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 2.14 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, agrees to comply with Section 2.14(e2.14(f) as though it were a Lender (it being understood that that the documentation required under Section 2.14(f) shall be delivered to the participating Lender).
Appears in 13 contracts
Samples: Secured Revolving Credit Agreement (BlackRock TCP Capital Corp.), Senior Secured Revolving Credit Agreement (Monroe Capital Income Plus Corp), Secured Revolving Credit Agreement (MONROE CAPITAL Corp)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 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 Lender if it were a Lender shall not be entitled to the benefits of Section 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 2.14(e) as though it were a Lender.
Appears in 12 contracts
Samples: Secured Credit Agreement (Aspirational Consumer Lifestyle Corp.), Credit Agreement (First American Financial Corp), Assignment and Assumption (First American Corp)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.15 or 2.13 2.17 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 consentconsent and 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. A No Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.14 2.17 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply complies with Section 2.14(e2.17(f) and (g) as though it were a Lender.
Appears in 8 contracts
Samples: Credit Agreement (Griffon Corp), Credit Agreement (Griffon Corp), Credit Agreement (Griffon Corp)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.15 or 2.13 2.17 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 2.14 2.17 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 2.14(e2.17(e) as though it were a Lender.
Appears in 7 contracts
Samples: Credit Agreement (Canandaigua LTD), Credit Agreement (Harte Hanks Inc), Credit Agreement (SCV Epi Vineyards Inc)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 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 Lender if it were a Lender shall not be entitled to the benefits of Section 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 2.14(e) as though it were a Lender.
Appears in 7 contracts
Samples: Credit Agreement (Verio Inc), Senior Loan Agreement (Chartermac), Loan Agreement (NRG Energy Inc)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.13 or 2.13 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 '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 2.14 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 2.14(e2.15(e) as though it were a Lender.
Appears in 7 contracts
Samples: Joint Venture Agreement (Nextel Partners Inc), Credit Agreement (Sinclair Broadcast Group Inc), Guarantee and Security Agreement (Nextel Communications Inc)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14, 2.15 or 2.13 2.16 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 2.14 2.16 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply complies with Section 2.14(e2.16(f) as though it were a Lender.
Appears in 5 contracts
Samples: Credit Agreement (SPRINT Corp), Credit Agreement (SPRINT Corp), Credit Agreement (SPRINT Corp)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.15 or 2.13 2.17 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 2.14 2.17 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 2.14(e2.17(f) as though it were a Lender.
Appears in 5 contracts
Samples: Credit Agreement (Best Buy Co Inc), Year Credit Agreement (Best Buy Co Inc), Year Credit Agreement (Best Buy Co Inc)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.13, 2.14 or 2.13 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 Lender if it were a Lender shall not be entitled to the benefits of Section 2.14 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 2.14(e2.15(f) as though it were a Lender.
Appears in 4 contracts
Samples: Secured Revolving Credit Agreement (FS Investment CORP), Secured Revolving Credit Agreement (FS Energy & Power Fund), Senior Secured (FS Investment CORP)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14 or 2.13 2.16 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 Non-U.S. Lender if it were a Lender shall not be entitled to the benefits of Section 2.14 2.16 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 2.14(e2.16(e) as though it were a Lender.
Appears in 4 contracts
Samples: Credit Agreement (HMS Holdings Corp), Security Agreement (HMS Holdings Corp), Credit Agreement (HMS Holdings Corp)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14, 2.15 or 2.13 2.16 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 Non-U.S. Lender if it were a Lender shall not be entitled to the benefits of Section 2.14 2.16 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 2.14(e) 2.16 as though it were a Lender.
Appears in 3 contracts
Samples: Loan and Security Agreement (COHEN & Co INC.), Loan and Security Agreement (Alesco Financial Inc), Loan and Security Agreement (Alesco Financial Inc)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14 or 2.13 2.16 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 2.14 2.16 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 2.14(e2.16(e) as though it were a Lender.
Appears in 3 contracts
Samples: Credit Agreement (Panamsat Corp /New/), Credit Agreement (Chart Industries Inc), Five Year Credit Agreement (Cambrex Corp)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 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 Borrowers’ 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 2.14 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 2.14(e) as though it were a Lender.
Appears in 3 contracts
Samples: Credit Agreement (Cdi Corp), Credit Agreement (Cdi Corp), Credit Agreement (Cdi Corp)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 Sections 2.14, 2.15 and 2.16 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 Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.14 2.16 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 2.14(e2.16(e) as though it were a Lender.
Appears in 3 contracts
Samples: Credit Agreement (Constellation Brands, Inc.), Credit Agreement (Constellation Brands, Inc.), Credit Agreement (Constellation Brands, Inc.)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 Sections 2.09 or 2.13 2.10 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 2.14 2.09 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 2.14(e2.09(e) as though it were a Lender (it being understood that the documentation required under Section 2.09(e) shall be delivered to the participating Lender).
Appears in 2 contracts
Samples: Credit Agreement (Fuelcell Energy Inc), Credit Agreement (Fuelcell Energy Inc)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.13 or 2.13 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 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 2.14 2.15 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 2.14(e2.15(e) as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Advo Inc), Credit Agreement (Lamar Media Corp/De)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale BUSINESS.29745768.5 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 2.14 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, agrees to comply with Section 2.14(e2.14(f) as though it were a Lender (it being understood that that the documentation required under Section 2.14(f) shall be delivered to the participating Lender).
Appears in 2 contracts
Samples: Credit Agreement (BlackRock TCP Capital Corp.), Credit Agreement (BlackRock TCP Capital Corp.)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.11 or 2.12 or 2.13 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 2.14 2.12 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 2.14(e2.12(e) as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Dynegy Holdings Inc)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.15 or 2.13 2.17 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 2.14 2.17 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 2.14(e2.17(e) as though it were a Lender, provided that in no event shall the Borrower be required to pay a greater sum to such Participant than it would have been required to pay to the Lender from which such Participant acquired such participation.
Appears in 2 contracts
Samples: Credit Agreement (Hearst Argyle Television Inc), Credit Agreement (Hearst Argyle Television Inc)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.10, 2.11 or 2.12 or 2.13 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 2.14 2.11 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 2.14(e2.11(e) as though it were a Lender.
Appears in 2 contracts
Samples: Assignment and Assumption (Reliant Energy Inc), Working Capital Facility (Reliant Energy Inc)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.13 or 2.13 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 relevant 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 2.14 2.15 unless the relevant Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the such Borrower, to comply with Section 2.14(e2.15(e) as though it were a Lender.
Appears in 2 contracts
Samples: Day Credit Agreement (Washington Mutual Inc), Credit Agreement (Washington Mutual Inc)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.13, 2.15 or 2.13 2.16 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 2.14 2.15 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerObligors, to comply with Section 2.14(e2.15(e) as though it were a Lender.
Appears in 2 contracts
Samples: International Paper Co /New/, International Paper Co /New/
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14 or 2.13 2.16 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless except to the sale of extent such entitlement to receive a greater payment results from a Change in Law that occurs after the participation to such Participant is made with acquired the Borrower’s prior written consentapplicable participation. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.14 2.16 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 2.14(eSections 2.16(e) and (f) as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Cambrex Corp), Credit Agreement (Cambrex Corp)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14 or 2.13 2.16 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 '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 2.14 2.16 unless the Lead Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 2.14(e2.16(e) as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Isp Minerals LLC), Credit Agreement (Isp Minerals Inc /Ny/)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.11 or 2.13 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 2.14 2.13 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 2.14(e2.13(e) as though it were a Lender.
Appears in 2 contracts
Samples: Credit Facility Agreement (Great Wall Acquisition Corp), Credit Agreement (First American Corp)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.15 or 2.13 2.17 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 2.14 2.17 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 2.14(e2.17(e) as though it were a Lender.
Appears in 2 contracts
Samples: Five Year Credit Agreement (Harte Hanks Inc), Credit Agreement (Best Buy Co Inc)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.15 or 2.13 2.17 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 2.14 2.17 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 2.14(e2.17(f) as though it were a Lender.
Appears in 2 contracts
Samples: Day Credit Agreement (Best Buy Co Inc), 364 Day Credit Agreement (Best Buy Co Inc)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14 or 2.13 2.16 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 2.14 2.16 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 2.14(e2.16(e) and (f) as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Cambrex Corp), Credit Agreement (Cambrex Corp)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.13 or 2.13 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 Lender if it were a Lender shall not be entitled to the benefits of Section 2.14 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 2.14(e2.15(e) as though it were a Lender.
Appears in 2 contracts
Samples: Senior Secured (First Eagle Alternative Capital BDC, Inc.), Secured Revolving Credit Agreement (THL Credit, Inc.)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.13 or 2.13 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 consentconsent or unless such greater payment results from a Change in Law occurring after the sale of the participation. A Participant that would not be a Foreign Lender Qualifying Person if it were a Lender shall not be entitled to the benefits of Section 2.14 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 2.14(e2.15(f) as though it were a Lender.
Appears in 2 contracts
Samples: Senior Secured Credit Agreement (Fly Leasing LTD), Senior Secured Credit Agreement (Fly Leasing LTD)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14 or 2.13 2.16 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 Non-U.S. Lender if it were a Lender shall not be entitled to the benefits of Section 2.14 2.16 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 2.14(e2.16(e) as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (1 800 Flowers Com Inc), Credit Agreement (1 800 Flowers Com Inc)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14, 2.15 or 2.13 2.16 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 2.14 2.16 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply complies with Section 2.14(e2.16(f) as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Sprint Nextel Corp), Credit Agreement (Sprint Nextel Corp)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 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 2.14 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, agrees to comply with Section 2.14(e) as though it were a Lender (it being understood that that the documentation required under Section 2.14(e) shall be delivered to the participating Lender).
Appears in 2 contracts
Samples: Secured Revolving Credit Agreement (MONROE CAPITAL Corp), Revolving Credit Agreement (MONROE CAPITAL Corp)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.15 or 2.13 2.17 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 2.14 2.17 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply complies with Section 2.14(e2.17(f) and (g) as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Griffon Corp), Credit Agreement (Griffon Corp)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.13 or 2.13 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 Lender if it were a Lender shall not be entitled to the benefits of Section 2.14 2.15 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, agrees to comply with Section 2.14(e2.15(f) as though it were a Lender (it being understood that that the documentation required under Section 2.15(f) shall be delivered to the participating Lender).
Appears in 2 contracts
Samples: Senior Secured Revolving Credit Agreement (Capital Southwest Corp), Senior Secured Revolving Credit Agreement (Capital Southwest Corp)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14 or 2.13 2.16 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 2.14 2.16 unless the Borrower is notified of consents to the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 2.14(e2.16(e) as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Krispy Kreme Doughnuts Inc), First Lien Credit Agreement (Krispy Kreme Doughnuts Inc)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 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 Lender if it were a Lender shall not be entitled to the benefits of Section 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 2.14(e) as though it were a Lender2.14.
Appears in 1 contract
Samples: Credit Agreement (Wilson Greatbatch Technologies Inc)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 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 Lender if it were a Lender shall not be entitled to the benefits of Section 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 2.14(e) as though it were a Lender.. Credit Agreement
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 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 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 2.14(e) as though it were a Lender.. 102
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.13 or 2.13 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 relevant 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 2.14 2.15 unless the relevant Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the such Borrower, to comply with Section 2.14(e2.15(e) as though it were a Lender.. 364-DAY CREDIT AGREEMENT
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.09 or 2.13 2.10 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless except to the sale of extent such entitlement to receive a greater payment results from a change in Applicable Law that occurs after the participation to such Participant is made with acquired the Borrower’s prior written consentapplicable participation. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.14 2.09 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 2.14(e) as though it were a LenderParticipant.
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.13, 2.14 or 2.13 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 '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 2.14 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 2.14(e2.15(e) as though it were a Lender.
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.15 or 2.13 11.04 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 2.14 11.04 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 2.14(e11.04(f) as though it were a Lender.
Appears in 1 contract
Samples: Credit Agreement (Foster Wheeler Ag)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14, 3.14 or 2.13 11.04 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 2.14 11.04 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 2.14(e11.04(e) as though it were a Lender.
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.13 or 2.13 2.15 than the applicable Lender would have Credit Agreement 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 (and, prior to the Merger, NYSE Group’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 2.14 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 2.14(e2.15(e) as though it were a Lender.
Appears in 1 contract
Samples: Credit Agreement (NYSE Group, Inc.)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 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 2.14 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, agrees to comply with Section 2.14(e) as though it were a Lender (it being understood that that the documentation required under Section 2.14(e) shall be delivered to the participating Lender.). 133
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Alcentra Capital Corp)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.13, 2.14 or 2.13 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 is not a Foreign Lender if it were a Lender “United Stated person” within the meaning of Section 7701(a)(30) of the Code shall not be entitled to the benefits of Section 2.14 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 2.14(e2.15(e) as though it were a Lender.
Appears in 1 contract
Samples: Credit Agreement (NRG Yield, Inc.)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 2.10 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 2.14 2.10 unless the Borrower is notified of the participation sold to such Participant and Loan Agreement 57 -55- such Participant agrees, for the benefit of the Borrower, to comply with Section 2.14(e2.10(e) and 2.12(b) as though it were a Lender.
Appears in 1 contract
Samples: Guarantee Assumption Agreement (Student Advantage Inc)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.08, 2.09 or 2.13 2.10 than the applicable Lender would Term Loan Agreement 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 2.14 2.10 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 2.14(e2.10(e) as though it were a Lender.
Appears in 1 contract
Samples: Guarantee Assumption Agreement (Chart Industries Inc)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14 or 2.13 2.16 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 No Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.14 2.16 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 2.14(e2.16(e) as though it were a Lender.
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14, 2.15 or 2.13 2.16 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 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 2.14(e) as though it were a Lender.122 Revolving Credit Agreement US-DOCS\81066382.481066382.11
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14 or 2.13 2.16 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 2.14 2.16 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 2.14(e2.16(e) and 2.16(f) as though it were a Lender.
Appears in 1 contract
Samples: Credit Agreement (Iowa Telecommunications Services Inc)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.15 or 2.13 2.17 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 2.14 2.17 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 2.14(e2.17(e) as though it were a Lender, provided that in no event shall the Borrower be required to pay a greater sum to such Participant than it would have been required to pay to the Lender from which such Participant acquired such participation.
Appears in 1 contract
Samples: Year Credit Agreement (Hearst Argyle Television Inc)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 Sections 2.09 or 2.13 2.10 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 2.14 2.09 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 2.14(e2.09(e) as though it were a Lender (it being understood that the documentation required under Section 2.09(e) shall be delivered to the participating Lender).
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Tellurian Inc. /De/)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.15 or 2.13 2.17 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 2.14 2.17 unless the Borrower is notified of the participation 101 sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 2.14(e2.17(f) as though it were a Lender.
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 SECTION 2.16 or 2.13 SECTION 2.17 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 2.14 SECTION 2.18 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 2.14(eSECTION 2.18(e) as though it were a Lender.
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 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 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 2.14(e) as though it were a Lender.. 127
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Medley Capital Corp)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.13, 2.14 or 2.13 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 Credit Agreement written consent. A Participant that would be is not a Foreign Lender if it were a Lender “United Stated person” within the meaning of Section 7701(a)(30) of the Code shall not be entitled to the benefits of Section 2.14 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 2.14(e2.15(e) as though it were a Lender.
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.09 or 2.13 2.11 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 '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 2.14 2.11 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 2.14(e2.11(e) as though it were a Lender.
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14 or 2.13 2.16 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 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 2.14(e) as though it were a Lender.of
Appears in 1 contract
Samples: Second Lien Credit Agreement (Krispy Kreme Doughnuts Inc)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.11 or 2.13 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 2.14 2.13 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 2.14(e2.13(f) as though it were a Lender.
Appears in 1 contract
Samples: Revolving Credit Agreement (Credit Suisse Park View BDC, Inc.)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 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 Lender if it were a Lender shall not be entitled to the benefits of Section 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 2.14(e) as though it were a Lender, and at the time the participation is sold to such Participant, such Participant is entitled to a rate of withholding no greater than that of the applicable selling Lender.
Appears in 1 contract
Samples: Credit Agreement (CCPR Services Inc)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 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 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 2.14(e) as though it were a Lender.. 101
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Medley Capital Corp)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 Sections 2.14, 2.15 and 2.16 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 '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 2.14 2.16 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 2.14(e2.16(e) as though it were a Lender.
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 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 2.14 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, agrees to comply with Section 2.14(e2.14(f) as though it were a Lender (it being understood that that the documentation required under Section 2.14(f) shall be delivered to the participating Lender.). 123
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (MONROE CAPITAL Corp)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.13 or 2.13 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 Lender if it were a Lender shall not be entitled to the benefits of Section 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 2.14(e) as though it were a Lender.139 00000000.00.XXXXXXXX
Appears in 1 contract
Samples: Secured Revolving Credit Agreement (Capital Southwest Corp)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.15 or 2.13 2.17 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 Non-U.S. Lender if it were a Lender shall not be entitled to the benefits of Section 2.14 2.17 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 2.14(e2.17(e) as though it were a Lender.
Appears in 1 contract
Samples: Credit Agreement (Griffon Corp)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14, 2.15 or 2.13 2.16 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 2.14 2.16 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 2.14(e2.16(e) as though it were a Lender.
Appears in 1 contract
Samples: Advances and Security Agreement (Washington Mutual Inc)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14 or 2.13 2.16 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 2.14 2.16 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 2.14(e2.16(e) and (f) as though it were a Lender.
Appears in 1 contract
Samples: Credit Agreement (Cambrex Corp)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 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 2.14 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, agrees to comply with Section 2.14(e) as though it were a Lender (it being understood that that the documentation required under Section 2.14(e) shall be delivered to the participating Lender).
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (Alcentra Capital Corp)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 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 Lender if it were a Lender shall not be entitled to the benefits of Section 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 2.14(e) as though it were a Lender.. Credit Agreement
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 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 Non-U.S. Lender if it were a Lender shall not be entitled to the benefits of Section 2.14 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 2.14(e) as though it were a Lender.
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14, 2.15 or 2.13 2.16 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 2.14 2.16 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 2.14(e2.16(e) as though it were a Lender.
Appears in 1 contract
Samples: Credit Agreement (Bowater Inc)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14 or 2.13 2.16 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 2.14 2.16 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 2.14(e2.16(e) as though it were a Lender.
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.13, 2.15 or 2.13 2.16 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 respective 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 2.14 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 respective Borrower, to comply with Section 2.14(e2.15(e) as though it were a Lender.
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not ------------------------------------- be entitled to receive any greater payment under Section 2.12 or 2.13 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 Lender if it were a Lender shall not be entitled to the benefits of Section 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 2.14(e) as though it were a Lender.
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.13, 2.15 or 2.13 2.16 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 2.14 2.15 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerObligors, to comply with Section 2.14(e2.15(e) as though it were a Lender.
Appears in 1 contract
Samples: Year Credit Agreement (International Paper Co /New/)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 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 2.14 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, agrees to comply with Section 2.14(e2.14(f) as though it were a Lender (it being understood that that the documentation required under Section 2.14(f) shall be delivered to the participating Lender.). 127
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14, 2.15 or 2.13 2.16 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 2.14 2.16 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 2.14(e2.16(ef) as though it were a Lender.
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.13 or 2.13 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 Lender if it were a Lender shall not be entitled to the benefits of Section 2.14 2.15 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, agrees to comply with Section 2.14(e2.15(f) as though it were a Lender (it being understood that that the documentation required under Section 2.15(f) shall be delivered to the participating Lender.). 158
Appears in 1 contract
Samples: Secured Revolving Credit Agreement (Capital Southwest Corp)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 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 2.14 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, agrees to comply with Section 2.14(e2.14(f) as though it were a Lender (it being understood that that the documentation required under Section 2.14(f) shall be delivered to the participating Lender.). 155
Appears in 1 contract
Samples: Senior Secured Revolving Credit Agreement (MONROE CAPITAL Corp)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 2.08 than the applicable selling 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 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 2.14(e) as though it were a Lender.
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.13 or 2.13 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 Lender if it were a Lender shall not be entitled to the benefits of Section 2.14 2.15 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerObligors, to comply with Section 2.14(e2.15(e) as though it were a Lender.
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.13 or 2.13 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 Lender if it were a Lender shall not be entitled to the benefits of Section 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 2.14(e) as though it were a Lender.benefits
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.123 or 2.13 2.134 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 2.14 2.145 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 2.14(e2.145(e) as though it were a Lender.
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 2.10 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 2.14 2.10 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 2.14(e2.10(e) as though it were a Lender.
Appears in 1 contract
Samples: Guarantee Assumption Agreement (Princeton Review Inc)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14 or 2.13 2.16 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 2.14 2.16 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 2.14(e2.16(h) as though it were a Lender.
Appears in 1 contract
Samples: Credit Agreement (Intelsat LTD)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14 or 2.13 11.04 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 2.14 11.04 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 2.14(e11.04(e) as though it were a Lender.
Appears in 1 contract
Samples: Credit Agreement (Foster Wheeler Ag)
Limitations on Rights of Participants. A Participant shall not be ------------------------------------- entitled to receive any greater payment under Section 2.12 or 2.13 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 Lender if it were a Lender shall not be entitled to the benefits of Section 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 2.14(e) as though it were a Lender.
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 or 2.13 2.06 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 2.14 2.06 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 2.14(e) as though it were a LenderParticipant.
Appears in 1 contract
Samples: Credit Agreement (Perusahaan Perseroan Persero Pt Telekomunikasi Indonesia TBK)
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14, 2.15 or 2.13 2.16 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 2.14 2.16 unless the Borrower is notified of the participation sold to such Participant and such Participant Credit Agreement agrees, for the benefit of the Borrower, to comply with Section 2.14(e2.16(e) as though it were a Lender.
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not ------------------------------------- be entitled to receive any greater payment under Section 2.12 2.15 or 2.13 2.17 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 Limited'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 2.14 2.17 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 2.14(e2.17(e) as though it were a Lender.
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14, 2.15 or 2.13 2.16 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 2.14 2.16 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 2.14(e2.16(e) as though it were a Lender.
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14 or 2.13 2.16 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 BorrowerDiscover Bank’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 2.14 2.16 unless the Borrower Discover Bank is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 2.14(e2.16(e) as though it were a Lender.
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.13 or 2.13 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 Lender if it were a Lender shall not be entitled to the benefits of Section 2.14 2.15 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerObligors, to comply with Section 2.14(e2.15(e) as though it were a Lender.
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.12, 2.14 or 2.13 elsewhere hereunder than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale Participant and no Obligor shall incur any greater liability or obligations hereunder solely as a result of the participation to such Participant is made with the Borrower’s prior written consentparticipation. 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 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 2.14(e) as though it were a Lender.
Appears in 1 contract
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14, 2.15 or 2.13 2.16 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 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 2.14(e) as though it were a Lender.115 Revolving Credit Agreement
Appears in 1 contract
Samples: Revolving Credit Agreement
Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12 2.14 or 2.13 2.16 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 2.14 2.16 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 2.14(e2.16(e) as though it were a Lender.
Appears in 1 contract