Common use of Limitations upon Participant Rights Clause in Contracts

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 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 2.12 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 2.12 as though it were a Lender.

Appears in 20 contracts

Samples: Credit Agreement (MSC Income Fund, Inc.), Credit Agreement (MSC Income Fund, Inc.), Credit Agreement (HMS Income Fund, Inc.)

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Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.16 and 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 2.12 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 2.12 2.16 as though it were a Lender.

Appears in 14 contracts

Samples: Five Year Credit Agreement (South Carolina Electric & Gas Co), Credit Agreement (South Carolina Electric & Gas Co), Five Year Credit Agreement (South Carolina Electric & Gas Co)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 9.3 and 9.4 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.12 9.4 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 2.12 9.4 as though it were a Lender.

Appears in 12 contracts

Samples: Credit Agreement (Northern Illinois Gas Co /Il/ /New/), Credit Agreement (Nicor Inc), 364 Day Credit Agreement (Nicor Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.11 or 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 2.12 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 2.12 2.14(e) as though it were a Lender.

Appears in 12 contracts

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

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.11 or Section 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 2.12 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 2.12 2.14(e) as though it were a Lender.

Appears in 11 contracts

Samples: Five Year Credit Agreement (Arizona Public Service Co), Credit Agreement (Arizona Public Service Co), Credit Agreement (Arizona Public Service Co)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.12 or 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 BorrowerParent’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 2.12 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 2.12 2.15(e) as though it were a Lender.

Appears in 10 contracts

Samples: Term Loan Facilities Credit Agreement, Term Loan Credit Agreement (Teva Pharmaceutical Industries LTD), Senior Unsecured Revolving Credit Agreement (Teva Pharmaceutical Industries LTD)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 8.4 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant. A Participant shall not be entitled to receive any greater payment under Section 10.1 or Section 10.4 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless except to the extent such entitlement to a greater payment results from a change in law after 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 2.12 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 2.12 as though it were a Lenderparticipation.

Appears in 10 contracts

Samples: Loan Agreement (Western Digital Corp), Loan Agreement (Western Digital Corp), Loan Agreement (Western Digital Corp)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.8, 2.3.15, 2.6.1 or 2.6.2 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, provided in no instance shall the Borrower’s Obligations be increased as a result thereof. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.12 2.8 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 2.12 2.8.5 as though it were a Lender.

Appears in 10 contracts

Samples: Loan Agreement (Cedar Realty Trust, Inc.), Loan Agreement (Cedar Realty Trust, Inc.), Loan Agreement (Cedar Realty Trust, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.14 and 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 2.12 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 2.12 2.16 as though it were a Lender.

Appears in 9 contracts

Samples: Credit Agreement (Mednax, Inc.), Credit Agreement (Mednax, Inc.), Credit Agreement (Bravo Brio Restaurant Group, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.11 or 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 2.12 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 2.12 2.14(e) as though it were a Lender.

Appears in 9 contracts

Samples: Credit Agreement (Arizona Public Service Co), Credit Agreement (Arizona Public Service Co), Credit Agreement (Arizona Public Service Co)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.12 or 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 organized under the laws of a Foreign Lender if it were a Lender jurisdiction outside of the United States shall not be entitled to the benefits of Section 2.12 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 2.12 2.15(e) as though it were a Lender.

Appears in 8 contracts

Samples: Credit Agreement (Ovintiv Inc.), Credit Agreement (Ovintiv Inc.), Asset Sale Term Credit Agreement (Ovintiv Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 5.10 and 5.11 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A No Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.12 5.11 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 2.12 5.11(e) as though it were a Lender.

Appears in 8 contracts

Samples: Credit Agreement (Orbital Sciences Corp /De/), Credit Agreement (Orbital Sciences Corp /De/), Credit Agreement (Patrick Industries Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.15 or 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 2.12 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 2.12 2.17(e) as though it were a Lender.

Appears in 7 contracts

Samples: Credit Agreement (WPX Energy, Inc.), Credit Agreement (Williams Companies Inc), Credit Agreement (Williams Companies Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.12 and 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 Lender if it were a Lender shall not be entitled to the benefits of Section 2.12 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 2.12 2.14 as though it were a Lender.

Appears in 7 contracts

Samples: Credit Agreement (Pep Boys Manny Moe & Jack), Credit Agreement (CapLease, Inc.), Credit Agreement (Arbor Realty Trust Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.09 or 2.12 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 2.12 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 2.12 2.12(e) as though it were a Lender.

Appears in 7 contracts

Samples: 364 Day Term Loan Agreement (Arizona Public Service Co), Term Loan Agreement (Arizona Public Service Co), Term Loan Agreement (Arizona Public Service Co)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 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 foreign corporation (as referred to in Section 2.11(b)) if it were a Lender shall not be entitled to the benefits of Section 2.12 2.11 unless the Borrower is notified of the participation sold to such Participant and such Participant agreesParticipant, for the benefit of the Borrower, to comply complies with Section 2.12 2.11(b) as though it were a Lender.

Appears in 6 contracts

Samples: Secured Term Loan Agreement (New Plan Excel Realty Trust Inc), Revolving Credit Agreement (Centro NP LLC), Revolving Credit Agreement (Centro NP LLC)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 9.3 and 9.4 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s 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 2.12 9.4 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 2.12 9.4 as though it were a Lender.

Appears in 6 contracts

Samples: 364 Day Credit Agreement (Nicor Inc), Credit Agreement (Northern Illinois Gas Co /Il/ /New/), Credit Agreement (Nicor Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 9.01 and 9.02, and in respect of any breakage costs payable hereunder, 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 each applicable 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 2.12 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 2.12 as though it were a Lender.

Appears in 6 contracts

Samples: Credit Agreement (Open Text Corp), Credit Agreement (Open Text Corp), Credit Agreement (Open Text Corp)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.15 or 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 2.12 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 Borrower, to comply with Section 2.12 2.17(e) as though it were a Lender.

Appears in 6 contracts

Samples: Credit Agreement (Transcontinental Gas Pipe Line Company, LLC), Credit Agreement (Northwest Pipeline Gp), Credit Agreement (Williams Companies Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 9.3 and 9.4 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s '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 2.12 9.4 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 2.12 9.4 as though it were a Lender.

Appears in 6 contracts

Samples: Credit Agreement (Nicor Inc), Credit Agreement (Nicor Inc), Credit Agreement (Northern Illinois Gas Co /Il/ /New/)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.15 or 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 2.12 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 2.12 2.17(e) as though it were a Lender.

Appears in 6 contracts

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

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.10(a) or (b) or Section 2.12 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 2.10 and 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 2.12 2.12(e) as though it were a Lender.

Appears in 5 contracts

Samples: Credit Agreement (Cracker Barrel Old Country Store, Inc), Credit Agreement (Cracker Barrel Old Country Store, Inc), Credit Agreement (Cracker Barrel Old Country Store, Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.12 and 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 BorrowerRayonier’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 2.12 2.15 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 2.12 2.15(e) as though it were a Lender.

Appears in 5 contracts

Samples: Incremental Term Loan Agreement and Amendment to Guarantee Agreement (Rayonier, L.P.), Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 6.2 and 6.3 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 to the Borrower shall not be entitled to the benefits of Section 2.12 6.3 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 2.12 subsection 6.3.5 as though it were a LenderLender to the Borrower.

Appears in 5 contracts

Samples: Credit Agreement (Agnico Eagle Mines LTD), Credit Agreement (Agnico Eagle Mines LTD), Credit Agreement (Agnico Eagle Mines LTD)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 8.01 and 8.02, and in respect of any breakage costs payable hereunder, 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 2.12 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 2.12 as though it were a Lender.

Appears in 5 contracts

Samples: Credit Agreement (Open Text Corp), Bridge Loan Agreement (Open Text Corp), Credit Agreement (Open Text Corp)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.10 and 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 organized under the laws of a Foreign Lender if it were a Lender jurisdiction outside the United States shall not be entitled to the benefits of Section 2.12 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 2.12 2.13(e) as though it were a Lender.

Appears in 5 contracts

Samples: Credit Agreement (Autodesk, Inc.), Term Loan Agreement (Autodesk Inc), Credit Agreement (Autodesk Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.10 and 2.12 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 organized under the laws of a Foreign Lender if it were a Lender jurisdiction outside of the United States shall not be entitled to the benefits of Section 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 2.12 2.12(f) as though it were a Lender.

Appears in 4 contracts

Samples: Credit Agreement (Colgate Palmolive Co), 364 Day Credit Agreement (Colgate Palmolive Co), 364 Day Credit Agreement (Colgate Palmolive Co)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.17 or 2.19 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 2.12 2.19 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 2.12 2.19(e) as though it were a Lender.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Watsco Inc), Revolving Credit Agreement (Watsco Inc), Revolving Credit Agreement (Watsco Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.17 and 2.19 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 2.12 2.19 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 2.12 2.19 as though it were a Lender.

Appears in 4 contracts

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

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.10 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 is organized under the laws of a Foreign Lender if it were a Lender jurisdiction outside of the United States shall not be entitled to the benefits of Section 2.12 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 2.12 2.13(e) as though it were a Lender.

Appears in 4 contracts

Samples: Senior Bridge Term Loan Credit Agreement (Eastman Chemical Co), Term Loan Credit Agreement (Eastman Chemical Co), Senior Bridge Term Loan Credit Agreement (Eastman Chemical Co)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.3.11 or 2.6 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, provided in no instance shall the Borrower’s Obligations be increased as a result thereof. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.12 2.3.11 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 2.12 2.3.11 as though it were a Lender.

Appears in 4 contracts

Samples: Loan Agreement (Cedar Shopping Centers Inc), Loan Agreement (Cedar Shopping Centers Inc), Loan Agreement (Cedar Shopping Centers Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.12 and 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 organized under the laws of a Foreign Lender if it were a Lender jurisdiction outside of the United States shall not be entitled to the benefits of Section 2.12 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 2.12 2.15(e) as though it were a Lender.

Appears in 4 contracts

Samples: Five Year Credit Agreement (ManpowerGroup Inc.), Five Year Credit Agreement (ManpowerGroup Inc.), Five Year Credit Agreement (ManpowerGroup Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 subsection 2.7 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 2.12 subsection 2.7E 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 2.12 the provisions of subsection 2.7E as though it were a Lender.

Appears in 4 contracts

Samples: Second Lien Credit Agreement (Transportation Technologies Industries Inc), Credit Agreement (Transportation Technologies Industries Inc), Credit Agreement (Real Mex Restaurants, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.9 (Increased Costs; Unavailability) 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 2.12 2.13 (Taxes) 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 2.12 Subsection 2.13.5 (Status of Lenders) as though it were a Lender.

Appears in 4 contracts

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

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 7.6 and 8.1 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 2.12 7.6 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 2.12 7.6.5 as though it were a Lender.

Appears in 4 contracts

Samples: Forbearance Agreement (Digerati Technologies, Inc.), Credit Agreement (Digerati Technologies, Inc.), Credit Agreement (Digerati Technologies, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.15 and 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 2.12 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 2.12 2.16(e) as though it were a Lender.

Appears in 4 contracts

Samples: Credit Agreement (Select Comfort Corp), Credit Agreement (First Interstate Bancsystem Inc), Credit Agreement (NGAS Resources Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.10 and 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 2.12 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 2.12 2.13(e) as though it were a Lender.

Appears in 4 contracts

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

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 8.3 and 8.4 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign non-United States Lender if it were a Lender shall not be entitled to the benefits of Section 2.12 8.4 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 2.12 8.4(d) as though it were a Lender.

Appears in 3 contracts

Samples: 364 Day Bridge Loan Agreement (Marsh & McLennan Companies, Inc.), 364 Day Bridge Loan Agreement, 364 Day Bridge Loan Agreement

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.13 and Section 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 BorrowerGEO’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 2.12 2.15 unless the Borrower GEO is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 2.12 Sections 2.15(e) and (g) as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (Geo Group Inc), Credit Agreement (Geo Group Inc), Credit Agreement (Geo Group Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 5.8 or 5.9 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 2.12 5.9 unless the US Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 2.12 5.9 as though it were a Lender.

Appears in 3 contracts

Samples: Term Loan and Security Agreement (Birks Group Inc.), Term Loan and Security Agreement (Birks Group Inc.), Term Loan and Security Agreement (Birks & Mayors Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.13 and 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 2.12 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 2.12 2.14(e) and Section 2.14(f) as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (Continental Resources Inc), Credit Agreement (Continental Resources Inc), Credit Agreement (Edge Petroleum Corp)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.7 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 Without limiting the generality of the foregoing, a Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.12 2.7E with respect to U.S. withholding tax 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 2.12 2.7E(vi) as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (Taylor Morrison Home Corp), Credit Agreement (Taylor Morrison Home Corp), Credit Agreement (Taylor Morrison Home Corp)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.17 and 2.18 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 2.12 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 2.12 2.18 as though it were a Lender.

Appears in 3 contracts

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

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 7.2 and 7.3 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 2.12 7.3 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 2.12 subsection 7.3.5 as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (Videotron Ltee), Credit Agreement (Quebecor Media Inc), Credit Agreement (Videotron Ltee)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 13.1 and 13.2 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 The agreement or consent of a Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.12 unless the Borrower is notified required for any amendment or waiver of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 2.12 as though it were a LenderLoan Documents.

Appears in 3 contracts

Samples: Credit Agreement (SemGroup Corp), Credit Agreement (SemGroup Corp), Credit Agreement (Kinder Morgan Canada LTD)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.10 and 2.12 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 2.12 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 2.12 as though it were a Lender.

Appears in 3 contracts

Samples: First Lien Credit Agreement (Landrys Restaurants Inc), Credit Agreement (Eclipsys Corp), Second Lien Credit Agreement (Landrys Restaurants Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 6.9 and 6.10 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 Administrative 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 2.12 6.11 unless the Administrative Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 2.12 6.11(e) as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (La-Z-Boy Inc), Credit Agreement (La-Z-Boy Inc), Credit Agreement (La-Z-Boy Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 11.01 and Section 11.02 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the BorrowerParent’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 2.12 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 2.12 as though it were a LenderARTICLE 11.

Appears in 3 contracts

Samples: Senior Secured Credit Agreement (Tucows Inc /Pa/), Senior Secured Credit Agreement (Tucows Inc /Pa/), Senior Secured Credit Agreement (Tucows Inc /Pa/)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.12 and 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 Rayonier'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 2.12 2.15 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 2.12 2.15(e) as though it were a Lender.

Appears in 3 contracts

Samples: First Amendment and Restatement Agreement (Rayonier Inc), Five Year Revolving Credit Agreement (Rayonier Inc), Revolving Credit Agreement (Rayonier Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.11 or 2.12 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 2.12 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 2.12 2.12(e) as though it were a Lender.

Appears in 3 contracts

Samples: Credit and Security Agreement (Ameresco, Inc.), Credit and Security Agreement (Ameresco, Inc.), Credit and Security Agreement (Ameresco, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.11 and 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 BorrowerGuarantor’s prior written consent. A Participant that would be is organized under the laws of a Foreign Lender if it were a Lender jurisdiction outside of the United States shall not be entitled to the benefits of Section 2.12 2.14 unless the Borrower Guarantor is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 2.12 2.14(e) as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (Omnicom Group Inc.), Five Year Credit Agreement (Omnicom Group Inc.), Five Year Credit Agreement (Omnicom Group Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.8, 2.3.15, 2.6.1 or 2.6.2 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, provided in no instance shall the Borrower’s Obligations be increased as a result thereof. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.12 2.8 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 2.12 2.8.5 as though it were a Lender.

Appears in 2 contracts

Samples: Loan Agreement (Cedar Shopping Centers Inc), Loan Agreement (Cedar Shopping Centers Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 8.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be is a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.12 10.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 2.12 10.01(g) as though it were a Lender.

Appears in 2 contracts

Samples: Term Loan Agreement (Cliffs Natural Resources Inc.), Bridge Credit Agreement (Cliffs Natural Resources Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 10.01 and Section 10.02 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the BorrowerParent’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 2.12 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 2.12 as though it were a LenderArticle 10.

Appears in 2 contracts

Samples: Credit Agreement (Tucows Inc /Pa/), Credit Agreement (Tucows Inc /Pa/)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.16 and 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 2.12 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 2.12 2.17(e) as though it were a Lender.

Appears in 2 contracts

Samples: Credit Agreement (Green Plains Renewable Energy, Inc.), Credit Agreement (Rotonics Manufacturing Inc/De)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.18 and 2.20 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 applicable 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 2.12 2.20 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 2.12 2.20 as though it were a Lender.

Appears in 2 contracts

Samples: Credit Agreement (Rock-Tenn CO), Credit Agreement (Rock-Tenn CO)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 8.1 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the BorrowerParent’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 2.12 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 2.12 as though it were a Lender.

Appears in 2 contracts

Samples: Credit Agreement (UL Solutions Inc.), Credit Agreement (UL Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.7 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Without limiting the generality of the foregoing, a Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.12 2.7E with respect to U.S. withholding tax 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 2.12 2.7E(vi) as though it were a Lender.

Appears in 2 contracts

Samples: 364 Day Credit Agreement (Taylor Morrison Home Corp), Credit Agreement (Brookfield Residential Properties Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.12 and 2.14 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.12 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 2.12 2.14 as though it were a Lender.

Appears in 2 contracts

Samples: Credit Agreement (American Capital, LTD), Credit Agreement (American Capital, LTD)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 13.1 and 13.2 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 Principal Borrower’s prior written consent. A The agreement or consent of a Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.12 unless the Borrower is notified required for any amendment or waiver of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 2.12 as though it were a LenderLoan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Kinder Morgan, Inc.), Credit Agreement (Kinder Morgan, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.9 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 2.12 2.7.4 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 2.12 2.7.5 as though it were a Lender.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (OPAL Fuels Inc.), Credit and Guaranty Agreement (OPAL Fuels Inc.)

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Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 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 2.12 2.12(e) 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 2.12 2.12(e) as though it were a Lender.

Appears in 2 contracts

Samples: Credit Agreement (St Joe Co), Credit Agreement (St Joe Co)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.11 or 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 2.12 2.14 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 2.12 2.14(e) as though it were a Lender.

Appears in 2 contracts

Samples: Credit Agreement (Everest Re Group LTD), Five Year Credit Agreement (Cytec Industries Inc/De/)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 8 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the 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 2.12 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerCompany, to comply with the requirements of Section 2.12 7.7(d)(i) as though it were a Lender.

Appears in 2 contracts

Samples: Credit Agreement (Huron Consulting Group Inc.), Credit Agreement (Huron Consulting Group Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 5.1 and 5.2 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 BorrowerXxxxxxxx’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 2.12 5.2 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 2.12 5.2 as though it were a Lender.

Appears in 2 contracts

Samples: Second Amended and Restated Loan Agreement (Andersons, Inc.), Loan Agreement (Andersons, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.08 and 2.09 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 2.12 2.09 unless the Borrowers (or the Borrower is Representative on their behalf) are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 2.12 2.09(e) as though it were a Lender.

Appears in 2 contracts

Samples: Loan Agreement (Hemisphere Media Group, Inc.), Loan Agreement (Hemisphere Media Group, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.11 or 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 2.12 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 2.12 2.16(e) as though it were a Lender.

Appears in 2 contracts

Samples: Revolving Credit Facility Agreement (Lennox International Inc), Revolving Credit Facility Agreement (Lennox International Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.12 and 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 2.12 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 2.12 2.14 as though it were a Lender.

Appears in 2 contracts

Samples: Credit Agreement (Pep Boys Manny Moe & Jack), Credit Agreement (Pep Boys Manny Moe & Jack)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.9 or 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 prior written consent. A Participant that would be a Foreign Lender foreign corporation (as referred to in Section 2.9(b)) if it were a Lender shall not be entitled to the benefits of Section 2.12 2.9 unless the Borrower is notified of the participation sold to such Participant and such Participant agreesParticipant, for the benefit of the Borrower, to comply complies with Section 2.12 2.9(b) as though it were a Lender.

Appears in 2 contracts

Samples: Term Loan Agreement (New Plan Excel Realty Trust Inc), Term Loan Agreement (New Plan Excel Realty Trust Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 7 or 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 BorrowerBroker/Dealer’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 2.12 7 unless the Borrower Broker/Dealer is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBroker/Dealer, to comply with Section 2.12 7(e) as though it were a Lender.

Appears in 1 contract

Samples: Revolving Note and Cash Subordination Agreement (Willis Group Holdings PLC)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.13 and 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 2.12 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 2.12 2.15(a) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Stec, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.14 or 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 2.12 Sections 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 2.12 2.16(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Medco Health Solutions Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 ‎0 or ‎0 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 2.12 ‎0 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 2.12 ‎0 as though it were a Lender.

Appears in 1 contract

Samples: Term Loan Agreement (Agree Realty Corp)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.08 and Section 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 2.12 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 shall comply with Section 2.12 2.10(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Herbst Gaming, LLC)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.13 or 2.15 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s Borrowers’ prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.12 2.15 unless the Borrower is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 2.12 2.15(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Star Buffet Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 subsection 2.7 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 Holdings’ 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 2.12 subsection 2.7E unless the Borrower Holdings is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerHoldings, to comply with Section 2.12 the provisions of subsection 2.7E as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Real Mex Restaurants, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.2 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 2.12 2.2.8 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 2.12 2.2.8 as though it were a Lender.

Appears in 1 contract

Samples: Loan Agreement (Orchard Supply Hardware Stores Corp)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.11, 2.14 or 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 2.12 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 2.12 2.14(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Kinetic Concepts Inc /Tx/)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.15 and 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 Administrative 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 2.12 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 2.12 2.17 as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Alliance One International, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Article IX and Section 8.03 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 2.12 2.11(g) 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 2.12 2.11(g) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Cadmus Communications Corp/New)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 8.4(a) 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 a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.12 10.1 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 2.12 10.1(e) as though it were a Lender.

Appears in 1 contract

Samples: Term Loan Agreement (Cliffs Natural Resources Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.11 or 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 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 2.12 2.14 unless the Borrower is notified of Company consents to the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 2.12 2.14(e) as though it were a Lender.

Appears in 1 contract

Samples: Five Year Credit Agreement (Cytec Industries Inc/De/)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.16 and 2.19 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 2.12 2.19 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 2.12 2.19 as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Pantry Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 5.1 and 5.2 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 2.12 5.2 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 2.12 5.2 as though it were a Lender.

Appears in 1 contract

Samples: Loan Agreement (Andersons, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.12 and 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 2.12 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 2.12 2.12(e) as though it were a Lender.

Appears in 1 contract

Samples: Term Loan Agreement (Paxson Communications Corp)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.07 or 2.09 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 2.12 2.09 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 2.12 2.13(a) as though it were a Lender.

Appears in 1 contract

Samples: Senior Secured Superpriority Debtor in Possession Credit Agreement (Horsehead Holding Corp)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.11 or 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 2.12 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 2.12 2.14(e)) as though it were a Lender.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Gatx Corp)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.9(b) and Section 10.1 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 2.12 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 2.12 as though it were a Lender.

Appears in 1 contract

Samples: Amendment and Restatement Agreement (Thomas & Betts Corp)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.01 or 2.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Lead Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.12 2.01 unless the Lead Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerLoan Parties, to comply with Section 2.12 2.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Wet Seal Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.13, 2.14 or 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 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 2.12 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 2.12 Sections 2.14(g) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (OneBeacon Insurance Group, Ltd.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.10 and 2.12 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 is organized under the laws of a Foreign Lender if it were a Lender jurisdiction outside of the United States shall not be entitled to the benefits of Section 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 2.12 2.12(f) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Colgate Palmolive Co)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.12 and Section 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 2.12 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 2.12 2.14(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Citizens Communications Co)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.8 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be is organized under the laws of a Foreign Lender if it were a Lender jurisdiction outside of the United States shall not be entitled to the benefits of Section 2.12 2.8B with respect to United States withholding tax 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 2.12 2.8B(iii) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Hospira Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.4 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.12 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 2.12 2.13(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (PHX Minerals Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 8.4(a) 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 United States person (as such term is defined in Section 7701(a)(30) of the Code) if it were a the Lender shall not be entitled to the benefits of Section 2.12 9.1 unless the Borrower is notified sale of the participation sold to such Participant and such Participant agrees, for the benefit of the is made with Borrower, to comply with Section 2.12 as though it were a Lender’ prior written consent.

Appears in 1 contract

Samples: Revolving Credit Agreement (K12 Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.18 and 2.19 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 2.12 2.19 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 2.12 2.19(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (American Crystal Sugar Co /Mn/)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 7.7 or Section 7.10 than the applicable Lender would have been entitled to receive with respect to the participation sold granted to such Participant, unless the sale granting of the participation to such Participant is was 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 2.12 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 2.12 as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Kinder Morgan Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 7.04 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s 's prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.12 7.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 2.12 7.01 as though it were a Lender.

Appears in 1 contract

Samples: Term Loan Agreement (Office Depot Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.14 and 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 2.12 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 2.12 2.15 as though it were a Lender.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Hni Corp)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.9 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 2.12 2.9 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 2.12 2.9(e) as though it were a Lender.

Appears in 1 contract

Samples: Term Loan Agreement (Rotonics Manufacturing Inc/De)

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