Common use of Limitations on Rights of Participants Clause in Contracts

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12, 2.13 or 2.14 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless (i) the entitlement to a greater payments results from a Change in Law after the date such Participant acquired its participation and (ii) such Participant agrees to be subject to the provisions of Section 2.17 as if it were an assignee under paragraph (b) of this Section. 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 such Participant agrees, for the benefit of the Borrower, to comply with Sections 2.14(f) and 2.14(h) as though it were a Lender (it being understood that the documentation required under Section 2.14(f) shall be delivered to the participating Lender). Each Lender that sells a participation agrees, at the Borrower’s request and expense, to use reasonable efforts to cooperate with the Borrower to effectuate the provisions of Section 2.17(b) with respect to any Participant. 165

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.122.14, 2.13 2.15 or 2.14 2.16 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless (i) the entitlement 168 [[6423235v.9]] sale of the participation to a greater payments results from a Change in Law after the date such Participant acquired its participation and (ii) such Participant agrees to be subject to is made with the provisions of Section 2.17 as if it were an assignee under paragraph (b) of this SectionBorrower’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 Sections 2.14(f) and 2.14(h) Section 2.16 as though it were a Lender (it being understood and the applicable Lender shall provide the Borrower with satisfactory evidence that the documentation required under Section 2.14(f) participation is in registered form and shall be delivered to the participating Lender). Each Lender that sells a participation agrees, at the Borrower’s request and expense, to use reasonable efforts to cooperate with permit the Borrower to effectuate review such register as reasonably needed for the Borrower to comply with its obligations under applicable laws and regulations. Each Participant agrees to be subject to the provisions of Section 2.17(b2.19 as if it were an assignee under paragraph (b) with respect to any Participant. 165of this Section 9.04.

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.122.13, 2.13 2.14 or 2.14 2.15 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless (i) except to the extent such entitlement to receive a greater payments payment results from a Change in Law that occurs after the date such Participant acquired its participation and (ii) such Participant agrees to be subject to acquires the provisions of Section 2.17 as if it were an assignee under paragraph (b) of this Sectionparticipation. A Participant that would be who is not a Foreign Lender if it were a Lender U.S. person (as defined in 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 Sections 2.14(f) and 2.14(h) the requirements set forth in Section 2.15 as though it were a Lender (it being understood that the documentation required under Section 2.14(f2.15(e) shall be delivered to the participating Lender). Each Lender that sells a participation agreesIn addition, if at the Borrower’s request and expensetime of the sale of such participation, any greater Taxes subject to use reasonable efforts payment under Section 2.15 would apply to cooperate with the Borrower Participant than applied to effectuate the provisions of applicable Lender, such Participant shall not be entitled to any payment under Section 2.17(b) 2.15 with respect to any Participant. 165the portion of such Taxes as exceeds the Taxes applicable to the Lender at the time of the sale of the participation.

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.12, 2.13 or 2.14 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless (i) the entitlement to a greater payments results from a Change in Law after the date such Participant acquired its participation and (ii) such Participant agrees to be subject to the provisions of Section 2.17 as if it were an assignee under paragraph (b) of this Section. 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 such Participant agrees, for the benefit of the Borrower, to comply with Sections 2.14(f) and 2.14(h) as though it were a Lender (it being understood that the documentation required under Section 2.14(f) shall be delivered to the participating Lender). Each Lender that sells a participation agrees, at the Borrower’s request and expense, to use reasonable efforts to cooperate with the Borrower to effectuate the provisions of Section 2.17(b) with respect to any Participant. 165147

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Section 2.122.13, 2.13 2.14 or 2.14 2.15 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless (i) except to the extent such entitlement to receive a greater payments payment results from a Change in Law that occurs after the date such Participant acquired its participation and (ii) such Participant agrees to be subject to acquires the provisions of Section 2.17 as if it were an assignee under paragraph (b) of this Sectionparticipation. A Participant that would be who is not a Foreign Lender if it were a Lender U.S. person (as defined in 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 -187- the benefit of the Borrower, to comply with Sections 2.14(f) and 2.14(h) the requirements set forth in Section 2.15 as though it were a Lender (it being understood that the documentation required under Section 2.14(f2.15(e) shall be delivered to the participating Lender). Each Lender that sells a participation agreesIn addition, if at the Borrower’s request and expensetime of the sale of such participation, any greater Taxes subject to use reasonable efforts payment under Section 2.15 would apply to cooperate with the Borrower Participant than applied to effectuate the provisions of applicable Lender, such Participant shall not be entitled to any payment under Section 2.17(b) 2.15 with respect to any Participant. 165the portion of such Taxes as exceeds the Taxes applicable to the Lender at the time of the sale of the participation.