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 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: Assignment and Assumption (Northern Illinois Gas Co /Il/ /New/), Assignment and Assumption (Nicor Inc), Assignment and Assumption (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 11 contracts

Samples: Five Year Credit Agreement (Gatx Corp), Credit Agreement (Gatx Corp), Five Year 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: Assignment and Assumption (Arizona Public Service Co), Year Credit Agreement (Arizona Public Service Co), Assignment and Assumption (Arizona Public Service Co)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.8, 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 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: 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 2.09 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: Day Term Loan Agreement (Arizona Public Service Co), Day 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 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: Day Credit Agreement (Northern Illinois Gas Co /Il/ /New/), Day Credit Agreement (Northern Illinois Gas Co /Il/ /New/), Day Credit Agreement (Nicor Inc)

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), 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 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: Agreement (Agnico Eagle Mines LTD), Assignment and Assumption (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 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 5 contracts

Samples: Credit Agreement (Arbor Realty Trust Inc), Credit Agreement (Arbor Realty Trust Inc), Credit Agreement (CapLease, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment from the Borrower under Section 8.03 2.08 or 2.09 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless and the sale Borrower shall have no obligations to make greater aggregate payments under Sections 2.08 and 2.09 to or for the account of the participation to applicable Lender and the Participant following the grant of such Participant is made with the Borrower’s prior written consentParticipation. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.12 2.08 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 2.08 and 9.06 as though it were a Lender.

Appears in 5 contracts

Samples: Aircraft Lease Agreement, Aircraft Lease Agreement (International Lease Finance Corp), Aircraft Lease Agreement (International Lease Finance Corp)

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 5 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 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 Lender shall not be entitled to the benefits of Section 2.12 10.1(a) 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(b) as though it were a Lender.

Appears in 5 contracts

Samples: Credit Agreement (Champion Industries Inc), Credit Agreement (Cleveland Cliffs Inc), Credit Agreement (Cleveland Cliffs 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: Credit Agreement (Eastman Chemical Co), Credit Agreement (Eastman Chemical Co), Credit Agreement (Eastman Chemical Co)

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/), Assignment and Assumption (Celgene Corp /De/)

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: Credit Agreement (Real Mex Restaurants, 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 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 4 contracts

Samples: Bridge Loan 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 2.10 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: Five Year Credit Agreement (Colgate Palmolive Co), Day Credit Agreement (Colgate Palmolive Co), 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 2.3.11 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 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: Credit 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 2.13 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 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: Day Bridge Loan Agreement (Marsh & McLennan Companies, Inc.), 364 Day Bridge Loan Agreement, Assignment and Assumption

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

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 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 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 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 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 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 8.4 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 8.4(d) as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (Marsh & McLennan Companies, Inc.), Credit Agreement (Marsh & McLennan Companies, Inc.), Assignment and Assumption (Marsh & McLennan Companies, 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 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 8.4(a) or 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 Additionally, a Participant that would be 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(b) as though it were a Lender.

Appears in 2 contracts

Samples: Credit Agreement (Granite City Food & Brewery Ltd.), Credit Agreement (Granite City Food & Brewery LTD)

Limitations upon Participant Rights. A Participant shall not be entitled to (x) receive any amounts under Section 8.4(a) unless it agrees to be bound by the terms of Section 8.6 or (y) 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 a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.12 10.1(a) 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(b) as though it were a Lender.

Appears in 2 contracts

Samples: Credit Agreement (Delek US Holdings, Inc.), Credit Agreement (Delek US Holdings, Inc.)

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 2.8, 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 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 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: Assignment and Assumption (Cliffs Natural Resources Inc.), Assignment and Assumption (Cliffs Natural Resources Inc.)

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 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 2.12 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 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 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 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 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 2.7 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), Security Agreement (Brookfield Residential Properties Inc.)

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.(8)

Appears in 1 contract

Samples: Credit Agreement (Open Text 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: Security and Guaranty Agreement (Horsehead Holding Corp)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 7.6, 8.1, or 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 Company's prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.12 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 as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (American Italian Pasta 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 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 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(b) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Cleveland Cliffs Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 11.1 and 11.2 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 's prior written consent. A А Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.12 11.2 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 11.2(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Sundial Growers Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 8.04(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 BorrowerCompany’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 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 10.01(g) as though it were a Lender.

Appears in 1 contract

Samples: Assignment and Assumption (Cliffs Natural Resources 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 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: Five Year Credit Agreement (Colgate Palmolive Co)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.08 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 Sections 11.1 and 11.2 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 11.2 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 11.2(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Sundial Growers Inc.)

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 9.1 and 9.2 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 '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 9.2 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 9.2(5) 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 7.7 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 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 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 5.9 as though it were a Lender.

Appears in 1 contract

Samples: 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 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: Assignment and Assumption (Willis Group Holdings PLC)

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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 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 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 as though it were a Lender.the

Appears in 1 contract

Samples: The Credit Agreement (Marsh & McLennan Companies, Inc.)

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 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.(f)

Appears in 1 contract

Samples: Credit Agreement (UL Solutions Inc.)

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 3.10 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 3.11 as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Motorcar Parts America 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 111 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 1 contract

Samples: 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 2.11 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 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.Section

Appears in 1 contract

Samples: Year 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 8.04(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 10.01 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 1 contract

Samples: Amendment Agreement (Cliffs Natural Resources 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 2.13 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 '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 (Brigham Exploration Co)

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 Lead Borrower’s 's prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.12 0 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 0 as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Destination Xl Group, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 10.1 or 10.3 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 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: Credit Agreement (Amerco /Nv/)

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.. (f)

Appears in 1 contract

Samples: Five Year Credit Agreement (Gatx Corp)

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.written

Appears in 1 contract

Samples: Credit Agreement (Main Street Capital CORP)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.8(b) and Section 11.1 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: Credit Agreement (Thomas & Betts Corp)

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 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 7.6 unless the Borrower Representative 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 7.6.5 as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Focus Venture Partners, 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 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 '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 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 as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Computer Sciences Corp)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 7.5, 8.1, or 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 '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 7.5 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 7.5 as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (DST Systems Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 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 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 2.10E 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 2.10E(v) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Behringer Harvard Opportunity REIT I, Inc.)

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 2.08 or 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 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 2.10 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: Credit Agreement (Horsehead Holding Corp)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 7.4 and SECTION 8 and 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 7.4 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 7.4(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Cpi Corp)

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: Assignment Agreement (Hospira Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 3.1 and 3.2 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 '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 3.2 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 3.2(e) as though it were a Lender. 9 Ensure that the Credit Agreement specifies the amount of this fee.

Appears in 1 contract

Samples: Credit Agreement (Tilray, 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 10.05 and 10.06 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s 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 10.06 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 2.12 10.06(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Avocent Corp)

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 '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 (Triangle Capital CORP)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 Sections 2.11, 2.12, 10.3 and 10.5 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 the United States shall not be entitled to the benefits of Section 2.12 10.3 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 10.5 as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Gray Television 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 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 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.. 124

Appears in 1 contract

Samples: 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 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 2.08 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 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 2.09 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 2.09(f) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (7 Eleven 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 Company's prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 2.12 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 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 2.9 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)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 1.13 (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 1.17 (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 1.17.5 (Status of Lenders) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Gateway Trade Center 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 2.12 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 relevant Borrower’s or the relevant Xxxxxxxx’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 such Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the such Borrower, to comply with Section 2.12 2.14(f) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Corelogic, Inc.)

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

Appears in 1 contract

Samples: Credit Agreement (Hickory Tech Corp)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 8.03 2.09 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 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 1 contract

Samples: Assignment and Assumption (Arizona Public Service Co)

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