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 Sections 5.01 or 5.03 with respect to any participation than its participating Lender would have been entitled to receive, except to the extent such entitlement to receive a greater payment results from a change in Law that occurs after the Participant acquired the applicable participation.

Appears in 9 contracts

Samples: Credit Agreement (Nevro Corp), Credit Agreement (Allurion Technologies, Inc.), Bridging Agreement (Allurion Technologies Holdings, Inc.)

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Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections 5.01 Section 2.13 or 5.03 with respect to any participation 2.15 than its participating the applicable Lender would have been entitled to receivereceive with respect to the participation sold to such Participant, except to the extent such entitlement to receive a greater payment results from a change Change in Law that occurs occurring after the Participant acquired the applicable participationbecomes a Participant.

Appears in 7 contracts

Samples: Credit Agreement (Lamar Media Corp/De), Credit Agreement (Lamar Media Corp/De), Credit Agreement (Lamar Media Corp/De)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections 5.01 or 5.03 with respect to any participation than its participating such Lender would have been entitled to receive, except receive with respect to the extent participation sold to such entitlement to receive a greater payment results from a change in Law that occurs after the Participant acquired the applicable participationParticipant.

Appears in 6 contracts

Samples: Credit Agreement (Zymergen Inc.), Credit Agreement (Zymergen Inc.), Credit Agreement (ArcherDX, Inc.)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections 5.01 Section 2.10 or 5.03 with respect to any participation 3.5 than its participating the applicable Lender would have been entitled to receive, except receive with respect to the extent participation sold to such entitlement Participant, unless the sale of the participation to receive such Participant is made with the Borrower’s prior written consent. Any Participant that is a greater payment results from a change in Law that occurs after Non-U.S. Lender shall not be entitled to the benefits of Section 5.3 unless such Participant acquired the applicable participationcomplies with Section 5.3(c).

Appears in 6 contracts

Samples: Revolving Credit Agreement (ITC Holdings Corp.), Revolving Credit Agreement (ITC Holdings Corp.), Revolving Credit Agreement (ITC Holdings Corp.)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections 5.01 Section 2.12 or 5.03 with respect to any participation 2.14 than its participating the applicable Lender would have been entitled to receive, except receive with respect to the extent participation sold to such Participant, unless the entitlement to receive a greater payment results from a change Change in Law that occurs occurring after the Participant acquired sale of the applicable participation.

Appears in 4 contracts

Samples: Senior Secured Revolving Credit Agreement (FIDUS INVESTMENT Corp), Senior Secured Revolving Credit Agreement (FIDUS INVESTMENT Corp), Senior Secured Revolving Credit Agreement (FIDUS INVESTMENT Corp)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections Section 5.01 or 5.03 with respect to any participation than its participating the applicable Lender would have been entitled to receive, except receive with respect to the extent participation sold to such entitlement Participant, unless the sale of the participation to receive a greater payment results from a change in Law that occurs after the such Participant acquired the applicable participationis made with Borrower’s prior written consent.

Appears in 4 contracts

Samples: Term Loan Agreement (Silk Road Medical Inc), Term Loan Agreement (Silk Road Medical Inc), Term Loan Agreement (Silk Road Medical Inc)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections 5.01 Section 5.01, 5.06 or 5.03 with respect to any participation 5.07 than its participating the applicable Lender would have been entitled to receive, except receive with respect to the extent participation sold to such entitlement Participant, unless the sale of the participation to receive such Participant is made with the Borrowers’ prior written consent (not to be unreasonably withheld). A Participant shall not be entitled to the benefits of Section 5.07 unless such Participant agrees to comply with Section 5.07 as though it were a greater payment results from a change in Law that occurs after the Participant acquired the applicable participationLender.

Appears in 4 contracts

Samples: Credit Agreement (Mediacom Broadband Corp), Credit Agreement (Mediacom Broadband Corp), Credit Agreement (Mediacom Capital Corp)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections Section 5.01 or 5.03 with respect to any participation than its participating Lender would have been entitled to receive, except receive with respect to the extent participation sold to such entitlement Participant, unless the sale of the participation to receive a greater payment results from a change in Law that occurs after the such Participant acquired the applicable participationis made with Borrower’s prior written consent.

Appears in 4 contracts

Samples: Senior Secured Convertible Credit Agreement (Kadmon Holdings, LLC), Credit Agreement (Kadmon Holdings, LLC), Credit Agreement (Kadmon Holdings, LLC)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections Section 5.01 or 5.03 with respect to any participation 5.05 than its participating a Lender would have been entitled to receive, except receive with respect to the extent participation sold to such entitlement Participant, unless the sale of the participation to receive a greater payment results from a change in Law that occurs after the such Participant acquired the applicable participationis made with Borrower’s prior written consent.

Appears in 3 contracts

Samples: Term Loan Agreement (Exagen Diagnostics Inc), Term Loan Agreement (Exagen Diagnostics Inc), Term Loan Agreement (Exagen Diagnostics Inc)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections Section 5.01 or 5.03 with respect to any participation 5.05 than its participating a Lender would have been entitled to receive, except receive with respect to the extent participation sold to such entitlement Participant, unless the sale of the participation to receive a greater payment results from a change in Law that occurs after such Participant is made with the Participant acquired the applicable participationBorrowers’ prior written consent.

Appears in 3 contracts

Samples: Term Loan Agreement (TriVascular Technologies, Inc.), Term Loan Agreement (TriVascular Technologies, Inc.), Term Loan Agreement (TriVascular Technologies, Inc.)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections Section 5.01 or 5.03 with respect to any participation than its participating the Lender would have been entitled to receive, except receive with respect to the extent participation sold to such entitlement Participant, unless the sale of the participation to receive a greater payment results from a change in Law that occurs after such Participant is made with the Participant acquired the applicable participationBorrower’s prior written consent.

Appears in 3 contracts

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

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections 5.01 Section 2.14 or 5.03 with respect to any participation 2.16 than its participating the applicable Lender would have been entitled to receivereceive with respect to the participation sold to such Participant, except to the extent such entitlement to receive a greater payment results from a change Change in Law that occurs occurring after the Participant acquired the applicable participationbecomes a Participant.

Appears in 2 contracts

Samples: Credit Agreement (Lamar Media Corp/De), Credit Agreement (Lamar Media Corp/De)

Limitations on Rights of Participants. A Notwithstanding the foregoing, a Participant shall not be entitled to receive any greater payment under Sections Section 5.01 or 5.03 with respect to any participation 5.05 than its participating a Lender would have been entitled to receive, except receive with respect to the extent participation sold to such entitlement Participant, unless the sale of the participation to receive a greater payment results from a change in Law that occurs after the such Participant acquired the applicable participationis made with Borrower’s prior written consent.

Appears in 2 contracts

Samples: Term Loan Agreement (Raindance Technologies Inc), Term Loan Agreement (Raindance Technologies Inc)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections 5.01 or 5.03 with respect to any participation than its participating such Lender would have been entitled to receive, except receive with respect to the extent participation sold to such entitlement Participant, unless the sale of the participation to receive a greater payment results from a change in Law that occurs after such Participant is made with the Participant acquired the applicable participationBorrower’s prior written consent.

Appears in 2 contracts

Samples: Credit Agreement (Invitae Corp), Credit Agreement (Establishment Labs Holdings Inc.)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections 5.01 Section 2.132.14 or 5.03 with respect to any participation 2.152.16 than its participating the applicable Lender would have been entitled to receivereceive with respect to the participation sold to such Participant, except to the extent such entitlement to receive a greater payment results from a change Change in Law that occurs occurring after the Participant acquired the applicable participationbecomes a Participant.

Appears in 1 contract

Samples: Credit Agreement (Lamar Media Corp/De)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections Section 5.01 or 5.03 with respect to any participation than its participating Lender would have been entitled to receive, except receive with respect to the extent participation sold to such entitlement Participant, unless the sale of the participation to receive a greater payment results from a change in Law that occurs after such Participant is made with the Participant acquired the applicable participationBorrower’s prior written consent.

Appears in 1 contract

Samples: Credit Agreement (Seres Therapeutics, Inc.)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections 5.01 Section ‎5.01 or 5.03 with respect to any participation ‎5.03 than its participating such Lender would have been entitled to receive, except receive with respect to the extent participation sold to such entitlement Participant, unless the sale of the participation to receive a greater payment results from a change in Law that occurs after such Participant is made with the Participant acquired the applicable participationBorrower’s prior written consent.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Athenex, Inc.)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections 5.01 Section 2.15 or 5.03 with respect to any participation 2.17 than its participating the applicable Lender would have been entitled to receive, receive with respect to the participation sold to such Participant except to the extent that such entitlement to receive a greater payment results from a change Change in Law that occurs after the Participant acquired the applicable participation.

Appears in 1 contract

Samples: Credit Agreement (Dillards Inc)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections Section 5.01 or 5.03 with respect to any participation than its participating a Lender would have been entitled to receive, except receive with respect to the extent participation sold to such entitlement Participant, unless the sale of the participation to receive a greater payment results from a change in Law that occurs after the such Participant acquired the applicable participationis made with Xxxxxxxx’s prior written consent.

Appears in 1 contract

Samples: Term Loan Agreement (Axogen, Inc.)

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Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections Section 5.01 or 5.03 with respect to any participation than its participating such Lender would have been entitled to receivereceive with respect to the participation sold to such Participant, 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 participationparticipation or the sale of the participation to such Participant is made with the Borrower’s prior written consent.

Appears in 1 contract

Samples: Credit Agreement (Fractyl Health, Inc.)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections Section 5.01 or 5.03 with respect to any participation than its participating Lender would have been entitled to receivereceive with respect to the participation sold to such Participant, 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.

Appears in 1 contract

Samples: Credit Agreement (Neuronetics, Inc.)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections Section 5.01 or 5.03 with respect to any participation than its the participating Lender would have been entitled to receivereceive with respect to the participation sold to such Participant, 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.

Appears in 1 contract

Samples: Credit Agreement (Apyx Medical Corp)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections 5.01 Section 2.14 or 5.03 with respect to any participation 2.16 than its participating the applicable Lender would have been entitled to receivereceive with respect to the participation sold to such Participant, except to the extent such entitlement to receive a greater payment results from a change any Change in Law that occurs after the Participant acquired the applicable participation.

Appears in 1 contract

Samples: Credit Agreement (HMS Holdings Corp)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections 5.01 Section 2.10 or 5.03 with respect to any participation 3.5 than its participating the applicable Lender would have been entitled to receive, except receive with respect to the extent participation sold to such entitlement Participant, unless the sale of the participation to receive such Participant is made with the Borrower's prior written consent. Any Participant that is a greater payment results from a change in Law that occurs after Non-U.S. Lender shall not be entitled to the benefits of Section 5.3 unless such Participant acquired the applicable participationcomplies with Section 5.3(c).

Appears in 1 contract

Samples: Revolving Credit Agreement (ITC Holdings Corp.)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections 5.01 3.01 or 5.03 3.03 with respect to any participation than its participating Lender would have been entitled to receive, except to the extent such entitlement to receive a greater payment results from a change in Law that occurs after the Participant acquired the applicable participation.

Appears in 1 contract

Samples: Credit Agreement (NanoString Technologies Inc)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections 5.01 Section 2.10, or 5.03 with respect to any participation 3.5, or 5.3 than its participating the applicable Lender would have been entitled to receive, except receive with respect to the extent participation sold to such entitlement Participant, unless the sale of the participation to receive a greater payment results from a change in Law that occurs after the such Participant acquired is made with the applicable participationBorrower’s prior written consent. No Participant shall be entitled to any benefits under Section 5.3 unless such Participant complies with Section 5.3(c).

Appears in 1 contract

Samples: Revolving Credit Agreement (ITC Holdings Corp.)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections 5.01 Section 2.13, 2.14 or 5.03 with respect to any participation 2.15 than its participating the applicable Lender would have been entitled to receivereceive with respect to the participation sold to such Participant, except to the extent such entitlement to receive a greater payment results from a change Change in Law that occurs after the Participant acquired the applicable participation.

Appears in 1 contract

Samples: Senior Secured Credit Agreement (Barings BDC, Inc.)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections 5.01 or 5.03 with respect to any participation 9.1, 9.2 and 9.3 than its participating the applicable Lender would have been entitled to receivereceive 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 or except to the extent such entitlement to receive a greater payment results from a change Change in Law that occurs after the Participant acquired the applicable participation.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (NextDecade Corp.)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections 5.01 or 5.03 with respect to any participation than its participating Lender such Noteholder would have been entitled to receivereceive with respect to the participation sold to such Participant, except to the extent such entitlement to receive a greater payment results from a change Change in Law that occurs after the Participant acquired the applicable participation.

Appears in 1 contract

Samples: Notes Purchase Agreement and Guaranty (MeiraGTx Holdings PLC)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections 5.01 or 5.03 with respect to any participation than its participating Lender would have been entitled to receive, except to the extent such entitlement to receive a greater payment results from a change in Law that occurs after the Participant acquired the applicable participation.. ny-2328495

Appears in 1 contract

Samples: Credit Agreement (Xeris Biopharma Holdings, Inc.)

Limitations on Rights of Participants. A Participant shall not be entitled to receive any greater payment under Sections Section 5.01 or 5.03 with respect to any participation 5.02 than its participating such Lender would have been entitled to receive, except receive with respect to the extent participation sold to such entitlement Participant, unless the sale of the participation to receive a greater payment results from a change in Law that occurs after such Participant is made with the Participant acquired the applicable participationBorrower’s prior written consent.

Appears in 1 contract

Samples: Credit Agreement (Tpi Composites, Inc)

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