Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 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 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 4.13 unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 4.13(e) as though it were a Lender.
Appears in 8 contracts
Samples: Five Year Revolving Credit Agreement (BlackRock Inc.), Five Year Revolving Credit Agreement (BlackRock Inc.), Five Year Revolving Credit Agreement (BlackRock Inc.)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 3.12 and 4.13 4.1 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless such entitlement to receive a greater payment results from a Regulatory Change that occurs after the Participant acquired the applicable participation or the sale of the participation to such Participant is made with the CompanyBorrower’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 4.13 3.12 unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower and the Agent, to comply with Section 4.13(e3.12(g) as though it were a Lender.
Appears in 7 contracts
Samples: Term Loan Agreement (Piedmont Office Realty Trust, Inc.), Term Loan Agreement (Piedmont Office Realty Trust, Inc.), Term Loan Agreement (Piedmont Office Realty Trust, Inc.)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.10 and 4.12 and 4.13 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 CompanyBorrower’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 4.13 4.12 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e4.12(e) as though it were a Lender.
Appears in 7 contracts
Samples: 364 Day Term Loan Agreement (Owens Corning), Credit Agreement (Owens Corning), Credit Agreement (Owens Corning)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 4.10 and 4.13 4.11 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 CompanyBorrower’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 4.13 4.11 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e4.11(e) as though it were a Lender.
Appears in 7 contracts
Samples: Credit Agreement (Lmi Aerospace Inc), Credit Agreement (Blackbaud Inc), Credit Agreement (Corrections Corp of America)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11Section 3.6, 4.12 and 4.13 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 Company’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 4.13 5.9 unless the Company is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e) 5.9 as though it were a Lender.
Appears in 7 contracts
Samples: Revolving Credit and Security Agreement (Birks Group Inc.), Revolving Credit and Security Agreement (Birks Group Inc.), Revolving Credit and Security Agreement (Birks & Mayors Inc.)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 2.11 and 4.13 2.14 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Company’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 4.13 2.14 unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 4.13(e2.14(e) as though it were a Lender.
Appears in 7 contracts
Samples: Credit Agreement (Jabil Inc), Credit Agreement (Jabil Inc), Credit Agreement (Jabil Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 Section 4.1 or 4.4 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 CompanyBorrower’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 4.13 4.1 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e4.1(e) as though it were a Lender.
Appears in 6 contracts
Samples: Credit Agreement (Renaissancere Holdings LTD), Credit Agreement (Renaissancere Holdings LTD), Credit Agreement (Renaissancere Holdings LTD)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 Section 3.01 or 3.04 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 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 4.13 3.01 unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersCompany, to comply with Section 4.13(e) 10.15 as though it were a Lender.
Appears in 5 contracts
Samples: 364 Day Term Loan Credit Agreement (Fortive Corp), Term Loan Credit Agreement (Fortive Corp), Term Loan Credit Agreement (Fortive Corp)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 Section 3.10 and 4.13 Section 5.1 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 CompanyBorrower’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 4.13 3.10 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower and the Administrative Agent, to comply with Section 4.13(e3.10(c) as though it were a Lender.
Appears in 5 contracts
Samples: Loan Agreement (Equity One, Inc.), Loan Agreement (Equity One, Inc.), Loan Agreement (Equity One, Inc.)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any a greater payment under Sections 4.11, 4.12 4.10 and 4.13 4.11 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless so long as the sale of the participation to such Participant is made with the 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 4.13 4.11 unless the Company is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 4.13(e4.11(e) as though it were a Lender.
Appears in 5 contracts
Samples: 364 Day Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc), 364 Day Credit Agreement (Family Dollar Stores Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 Section 5.01 or Section 5.03 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 CompanyBorrower’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 4.13 5.03 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e5.03(f) as though it were a Lender.
Appears in 5 contracts
Samples: Revolving Credit Agreement (Southcross Energy Partners, L.P.), Term Loan Credit Agreement (Southcross Energy Partners, L.P.), Revolving Credit Agreement (Southcross Energy Partners, L.P.)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 Section 5.01 or Section 5.03 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 CompanyBorrower’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 4.13 5.03 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e) 5.03 as though it were a LenderLender and does in fact so comply therewith.
Appears in 4 contracts
Samples: Credit Agreement (Riviera Resources, Inc.), Credit Agreement (Riviera Resources, LLC), Credit Agreement (PennTex Midstream Partners, LP)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 5.10 and 4.13 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 CompanyBorrower’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 4.13 5.11 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e5.11(e) as though it were a Lender.
Appears in 4 contracts
Samples: Credit Agreement (O Charleys Inc), Credit Agreement (Digital Generation Systems Inc), Credit Agreement (O Charleys Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 5.10 and 4.13 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 Company’s 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 4.13 5.11 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e5.11(e) as though it were a Lender.
Appears in 4 contracts
Samples: Credit Agreement (Globalstar, Inc.), Credit Agreement (Digital Generation Systems Inc), Credit Agreement (Globalstar, Inc.)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 18.1 and 4.13 18.2 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 CompanyBorrower’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 4.13 18.2 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e) 18.2.5 as though it were a Lender.
Appears in 4 contracts
Samples: Credit Agreement (GFL Environmental Inc.), Credit Agreement (GFL Environmental Inc.), Credit Agreement (GFL Environmental Inc.)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 3.10 and 4.13 5.1 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 CompanyBorrower’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 4.13 3.10 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower and the Administrative Agent, to comply with Section 4.13(e3.10(c) as though it were a Lender.
Appears in 4 contracts
Samples: Credit Agreement (Healthcare Trust of America Holdings, LP), Credit Agreement (Equity One, Inc.), Credit Agreement (Equity One, Inc.)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11Section 4.1, 4.12 and 4.13 4.5 or 4.6 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 CompanyBorrower’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 4.13 4.6 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e4.6(e) as though it were a Lender.
Appears in 3 contracts
Samples: Credit Agreement (Allied Capital Corp), Credit Agreement (Allied Capital Corp), Credit Agreement (Allied Capital Corp)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 3.12 and 4.13 4.1 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 CompanyBorrower’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 4.13 3.12 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower and the Agent, to comply with Section 4.13(e3.12(c) as though it were a Lender.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Piedmont Office Realty Trust, Inc.), Term Loan Agreement (Piedmont Office Realty Trust, Inc.), Term Loan Agreement (Piedmont Office Realty Trust, Inc.)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 4.15 and 4.13 4.17 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 Company’s 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 4.13 4.17 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e4.17(e) as though it were a Lender.
Appears in 3 contracts
Samples: Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp), Credit Agreement (Suburban Propane Partners Lp)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 5.10 and 4.13 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 CompanyUS 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 4.13 5.11 unless the Company US Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersUS Borrower, to comply with Section 4.13(e5.11(e) as though it were a Lender.
Appears in 3 contracts
Samples: Credit Agreement (Pool Corp), Credit Agreement (Pool Corp), Credit Agreement (Pool Corp)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 8.3 and 4.13 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 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 4.13 8.4 unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersCompany, to comply with Section 4.13(e8.4(d) as though it were a Lender.
Appears in 3 contracts
Samples: 5 Year Credit Agreement (Marsh & McLennan Companies, Inc.), Credit Agreement (Marsh & McLennan Companies, Inc.), Credit Agreement (Marsh & McLennan Companies, Inc.)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 2.11 and 4.13 2.14 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Company’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 4.13 2.14 unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e2.14(e) as though it were a Lender.
Appears in 3 contracts
Samples: Credit Agreement (Td Synnex Corp), Credit Agreement (Td Synnex Corp), Credit Agreement (Synnex Corp)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 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 CompanyBorrower’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 4.13 2.15 unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersCompany, to comply with Section 4.13(e2.15(e) as though it were a Lender.
Appears in 3 contracts
Samples: Five Year Credit Agreement (Eastman Chemical Co), Five Year Credit Agreement (Eastman Chemical Co), Five Year Credit Agreement (Eastman Chemical Co)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 4.10 and 4.13 4.11 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 Company’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 4.13 4.11 unless the Company Administrative Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 4.13(e4.11(e) as though it were a Lender.
Appears in 3 contracts
Samples: Credit Agreement (Broadview Networks Holdings Inc), Credit Agreement (Broadview Networks Holdings Inc), Credit Agreement (Broadview Networks Holdings Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 Section 4.01 or 4.03 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 CompanyBorrower’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 4.13 4.01 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e4.01(e) as though it were a Lender.
Appears in 3 contracts
Samples: Credit Agreement (CBIZ, Inc.), Credit Agreement (CBIZ, Inc.), Credit Agreement (CBIZ, Inc.)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 Section 4.06 or 5.01 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the CompanyBorrower’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 4.13 4.06 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e) 4.06 as though it were a Lender.
Appears in 3 contracts
Samples: Credit Agreement (Georesources Inc), Credit Agreement (Georesources Inc), Credit Agreement (Georesources Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 4.10 and 4.13 4.11 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 CompanyUS 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 4.13 4.11 unless the Company US Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersUS Borrower, to comply with Section 4.13(e4.11(e) as though it were a Lender.
Appears in 3 contracts
Samples: Credit Agreement (SCP Pool Corp), Amendment to Credit Agreement (SCP Pool Corp), Credit Agreement (SCP Pool Corp)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 4.10 and 4.13 4.11 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 Company’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 4.13 4.11 unless the Company is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 4.13(e4.11(5) as though it were a Lender.
Appears in 3 contracts
Samples: Credit Agreement (Lithia Motors Inc), Credit Agreement (Lithia Motors Inc), Credit Agreement (Lithia Motors Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.10 and 4.12 and 4.13 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 CompanyU.S. 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 4.13 4.12 unless the Company U.S. Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 4.13(e4.12(e) as though it were a Lender.
Appears in 3 contracts
Samples: Credit Agreement (Owens Corning), Credit Agreement (Owens Corning), Credit Agreement (Owens Corning)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.112.33(c), 4.12 2.34, 2.35 and 4.13 2.36 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Company’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 4.13 2.36 unless the Company is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 4.13(e2.36(e) as though it were a Lender.
Appears in 3 contracts
Samples: Credit and Guaranty Agreement (Tumi Holdings, Inc.), Credit and Guaranty Agreement (Prommis Solutions Holding Corp.), Credit and Guaranty Agreement (Prommis Solutions Holding Corp.)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 2.16 and 4.13 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 CompanyBorrower’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 4.13 2.18 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower and the Administrative Agent, to comply with Section 4.13(e2.18(b) as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Hyatt Hotels Corp), Credit Agreement (Hyatt Hotels Corp)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 3.12 and 4.13 4.1 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 Company’s 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 4.13 3.12 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower and the Agent, to comply with Section 4.13(e3.12(c) as though it were a Lender.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Piedmont Office Realty Trust, Inc.), Term Loan Agreement (Piedmont Office Realty Trust, Inc.)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 Section 4.1 or 4.4 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 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 4.13 4.1 unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersCompany, to comply with Section 4.13(e4.1(e) as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Snyder's-Lance, Inc.), Credit Agreement (Lance Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any a greater payment under Sections 4.11, 4.12 4.10 and 4.13 4.11 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless so long as the sale of the participation to such Participant is made with the CompanyBorrower’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 4.13 4.11 unless the Company is Borrower are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e4.11(e) as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 Section 2.14 and 4.13 Section 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 CompanyBorrower’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 4.13 2.16 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with paragraphs (e) and (g) of Section 4.13(e) 2.16 as though it were a Lender.
Appears in 2 contracts
Samples: 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 Sections 4.11, 4.12 and 4.13 Section 4.01 or 4.03 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 CompanyBorrower’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 4.13 4.01 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e) 10.11 as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Hanger Orthopedic Group Inc), Credit Agreement (Hanger Orthopedic Group Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 4.6 and 4.13 5.1 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 CompanyBorrower’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 4.13 4.6 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e4.6(e) as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Ezcorp Inc), Credit Agreement (Ezcorp Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11Section 3.7, 4.12 and 4.13 3.8 or 3.12(d) than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the CompanyBorrower’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 4.13 3.12(d) unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e) 11.22 as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Harrahs Entertainment Inc), Additional Credit Agreement (Harrahs Entertainment Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 Section 4.10 and 4.13 Section 4.11 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 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 4.13 4.11 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e4.11(e) as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Tuesday Morning Corp/De), Credit Agreement (Tuesday Morning Corp/De)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 than Section 4.09 that the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the CompanyBorrower’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 4.13 4.09 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e) 4.09 and 4.10 as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Sunrun Inc.), Credit Agreement (Sunrun Inc.)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 Section 4.01 or 4.03 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 Companyapplicable 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 4.13 4.01 unless the Company applicable Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowerssuch Borrower, to comply with Section 4.13(e) 10.11 as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Oshkosh Corp), Credit Agreement (Oshkosh Truck Corp)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.112.33(c), 4.12 2.34, 2.35 and 4.13 2.36 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the CompanyBorrower’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 4.13 2.36 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e2.36(e) as though it were a Lender.
Appears in 2 contracts
Samples: First Lien Credit and Guaranty Agreement (Paramount Acquisition Corp), Second Lien Credit and Guaranty Agreement (Paramount Acquisition Corp)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 5.4 and 4.13 5.6 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 Company’s 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 4.13 5.6 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e) 5.6 as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Sierra Pacific Resources /Nv/), Credit Agreement (Sierra Pacific Resources /Nv/)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11§§5.9, 4.12 5.12 and 4.13 5.13 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 Company’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 4.13 §5.13 unless the Company is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e§5.13(e) as though it were a Lender.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Lojack Corp), Revolving Credit and Term Loan Agreement (Lojack Corp)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 4.10 and 4.13 4.11 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 Company’s Borrowers’ 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 4.13 4.11 unless the Company is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 4.13(e) 4.11 as though it were a Lender.
Appears in 2 contracts
Samples: Loan Agreement (Omega Protein Corp), Loan Agreement (Omega Protein Corp)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.114.01 or 4.04, 4.12 and 4.13 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 Company’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 4.13 4.01 unless the Company is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 4.13(e4.01(e) as though it were a Lender.
Appears in 2 contracts
Samples: Revolving Credit Agreement (FelCor Lodging LP), Revolving Credit Agreement (FelCor Lodging Trust Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11§4.4, 4.12 and 4.13 4.5 or 4.6 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 CompanyBorrower’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 4.13 §4.4 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e§4.4(e) as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Liberty Property Limited Partnership), Credit Agreement (Liberty Property Limited Partnership)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 2.16 and 4.13 2.17 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the 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 4.13 2.17 unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 4.13(e) 2.17 as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Checkpoint Systems Inc), Credit Agreement (Checkpoint Systems Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 4.10 and 4.13 4.11 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 CompanyBorrower’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 4.13 5.11 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e4.11(e) as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Medimmune Inc /De), Revolving Credit Agreement (BlackRock Inc.)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 than Section 5.09 that the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the CompanyBorrower’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 4.13 5.09 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e) Sections 5.09 and 5.10 as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Sunrun Inc.), Credit Agreement (Sunrun Inc.)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 Section 4.01 or 4.04 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 CompanyBorrower Agent’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 4.13 4.01 unless the Company Borrower Agent is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 4.13(e4.01(e) as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Mueller Water Products, Inc.), Credit Agreement (Mueller Water Products, Inc.)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 2.11 or 4.02 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 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 4.13 4.02 unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersCompany, to comply with Section 4.13(e4.02(c) as though it were a Lender.
Appears in 2 contracts
Samples: Revolving Credit Agreement (Gap Inc), Revolving Credit Agreement (Gap Inc)
Limitations upon Participant Rights. A Notwithstanding anything in Section 11.06(d)(ii) to the contrary, a Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 Section 3.01 or 3.04 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 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 4.13 3.01 unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 4.13(e3.01(e) as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (COMMERCIAL METALS Co), Credit Agreement (COMMERCIAL METALS Co)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 Section 5.01 and 4.13 5.02 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 Company’s 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 4.13 5.02 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e5.02(e) as though it were a Lender.
Appears in 2 contracts
Samples: Second Lien Credit Agreement (Wca Waste Corp), First Lien Credit Agreement (Wca Waste Corp)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 9.3 and 4.13 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 Company’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 4.13 9.4 unless the Company is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 4.13(e) 9.4 as though it were a Lender.
Appears in 2 contracts
Samples: 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 Sections 4.11, 4.12 and 4.13 Section 4.01 or 4.04 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 CompanyBorrower Agent’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 4.13 4.01 unless the Company Borrower Agent is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 4.13(e4.01(e) as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Mueller Water Products, Inc.), Credit Agreement (Mueller Water Products, Inc.)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 Section 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 Company’s prior written consentconsent or results from a Change in Law after the sale of such participation. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 4.13 2.16 unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersCompany, to comply with Section 4.13(e) 2.16 as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Dole Food Co Inc), Credit Agreement (Dole Food Co Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any a greater payment under Sections 4.11, 4.12 4.10 and 4.13 4.11 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless so long as the sale of the participation to such Participant is made with the CompanyBorrower’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 4.13 4.11 unless the Company is Borrower are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e4.11(f) as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 Article IV than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Company’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 4.13 4.01 unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersCompany, to comply with Section 4.13(e) 4.01 and Section 10.10 as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (CBIZ, Inc.), Credit Agreement (Century Business Services Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 4.10 and 4.13 4.11 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 Company’s 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 4.13 4.11 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e4.11(e) as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Corrections Corp of America), Credit Agreement (Blackbaud Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 5.10 and 4.13 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 CompanyBorrower Agent’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 4.13 5.11 unless the Company Borrower Agent is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 4.13(e5.11(d) as though it were a Lender.
Appears in 2 contracts
Samples: Credit Agreement (Tekelec), Credit Agreement (Tekelec)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 4.1 and 4.13 4.2 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 CompanyBorrower’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 4.13 4.2 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e4.2(e) as though it were a Lender.
Appears in 1 contract
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 4.6 and 4.13 5.1 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 Company’s 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 4.13 4.6 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e4.6(e) as though it were a Lender.
Appears in 1 contract
Samples: Credit Agreement (Ezcorp Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 2.08 and 4.13 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 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 4.13 2.09 unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersCompany, to comply with Section 4.13(e2.09(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 Sections 4.114.3, 4.12 4.4, 4.5, 4.6, 10.3 and 4.13 10.4 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 Company’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 4.13 4.6 unless the Company is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 4.13(e) 4.6 as though it were a Lender.
Appears in 1 contract
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11§§5.9, 4.12 5.12 and 4.13 5.13 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 Company’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 4.13 §5.13 unless the Company is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e§5.13(e) as though it were a Lender.
Appears in 1 contract
Samples: Multicurrency Revolving Credit Agreement (Lojack Corp)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 4.1 and 4.13 4.2 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, Participant unless the sale of the participation to such Participant is was made with the Company’s 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 4.13 4.2 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(eSections 4.2(f) and (g) as though it were a Lender.
Appears in 1 contract
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 Section 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 CompanyBorrower’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 4.13 4.5(b) unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e) 4.6 as though it were a Lender.
Appears in 1 contract
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11Section3.9, 4.12 and 4.13 3.12, 3.13, or 3.14 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 Company’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 4.13 3.13 unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 4.13(e3.13(f) as though it were a Lender.
Appears in 1 contract
Samples: Credit Agreement (PNM Resources Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11sections 2.9, 4.12 3.5, and 4.13 5.4 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 CompanyBorrower’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 4.13 section 5.4 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(esection 5.4(e) as though it were a Lender.
Appears in 1 contract
Samples: Revolving Credit Agreement (Memc Electronic Materials Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 Section 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 Company’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 4.13 4.5(b) unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e) 4.6 as though it were a Lender.
Appears in 1 contract
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.114.9, 4.10, 4.11 and 4.12 and 4.13 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 Company’s Borrower's prior written consent. A Participant that would be a Foreign Non-U.S. Lender if it were a Lender shall not be entitled to the benefits of Section 4.13 4.11 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e4.11(e) as though it were a Lender.
Appears in 1 contract
Samples: Credit Agreement (Del Frisco's Restaurant Group, LLC)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 Section 3.01 or 3.04 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 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 4.13 3.01 unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowersapplicable, to comply with Section 4.13(e11.14(a) as though it were a Lender.
Appears in 1 contract
Samples: Credit Agreement (Azz Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11Section 3.9, 4.12 and 4.13 3.12, 3.13, or 3.14 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 Company’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 4.13 3.13 unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 4.13(e3.13(f) as though it were a Lender.
Appears in 1 contract
Samples: Credit Agreement (PNM Resources Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 2.13 and 4.13 2.16 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Company’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 4.13 2.16 unless the Company is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 4.13(e2.16(e) as though it were a Lender.
Appears in 1 contract
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 Section 5.01 and 4.13 5.02 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 CompanyBorrower’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 4.13 5.02 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e5.02(e) as though it were a Lender.
Appears in 1 contract
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 Section 4.01 or 4.03 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 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 4.13 4.01 unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersCompany, to comply with Section 4.13(e4.01(e) as though it were a Lender.
Appears in 1 contract
Samples: Credit Agreement (CBIZ, Inc.)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 4.10 and 4.13 4.11 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 CompanyBorrower’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 4.13 6.11 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e4.11(e) as though it were a Lender.
Appears in 1 contract
Samples: Credit Agreement (Radyne Corp)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 Section 7.4 and 4.13 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 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 4.13 7.4 unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersCompany, to comply with Section 4.13(eSections 7.4(e) and 7.4(f) 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 Sections 4.11, 4.12 4.03 and 4.13 4.05 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the CompanyBorrower’s prior written consentconsent or the greater payment results from a Change in Law after the date the participation was sold. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 4.13 4.05 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e) 4.09 as though it were a Lender.
Appears in 1 contract
Samples: Credit Agreement (Redaptive, Inc.)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.114.9, 4.10, 4.11 and 4.12 and 4.13 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 Company’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 4.13 4.11 unless the Company is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 4.13(e4.11(e) as though it were a Lender.. 111
Appears in 1 contract
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.11 and 4.12 and 4.13 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 Company’s 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 4.13 4.12 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e4.12(e) as though it were a Lender.
Appears in 1 contract
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 2.16 and 4.13 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 Company’s 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 4.13 2.18 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e) 2.18 as though it were a Lender.
Appears in 1 contract
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.114.3, 4.12 4.4, 4.5, 4.6, 11.3 and 4.13 11.4 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 Company’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 4.13 4.6 unless the Company is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 4.13(e) 4.6 as though it were a Lender.
Appears in 1 contract
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 2.11 and 4.13 2.14 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Company’s prior written consent. A Participant that would be is organized or incorporated 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 4.13 2.14 unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e2.14(e) as though it were a Lender.
Appears in 1 contract
Samples: Credit Agreement (Td Synnex Corp)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 Section 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 Company’s 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 4.13 2.17 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e2.17(e) as though it were a Lender.. 94
Appears in 1 contract
Samples: Credit Agreement (Borgwarner Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 3.10 and 4.13 5.1 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 Company’s 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 4.13 3.10 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower and the Administrative Agent, to comply with Section 4.13(e3.10(c) as though it were a Lender.
Appears in 1 contract
Samples: Credit Agreement (Healthcare Trust of America, Inc.)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 Section 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 CompanyBorrower’s prior written consent. A Participant that would be a Foreign Non-U.S. Lender if it were a Lender shall not be entitled to the benefits of Section 4.13 2.16 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e2.16(g) as though it were a Lender.
Appears in 1 contract
Samples: Revolving Credit Facility Agreement (Lennox International Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 Section 4.1 or 4.4 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 CompanyBorrower’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 4.13 4.1 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e4.1(e) as though it were a Lender.
Appears in 1 contract
Samples: Credit Agreement (Vail Resorts Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 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 Company’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 4.13 subsection 2.7E unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersCompany, to comply with Section 4.13(e) the provisions of subsection 2.7E as though it were a Lender.
Appears in 1 contract
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 2.11 and 4.13 2.14 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Company’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 4.13 2.14 unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersCompany, to comply with Section 4.13(e2.14(e) as though it were a Lender.
Appears in 1 contract
Samples: Credit Agreement (Jabil Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 Section 3.5 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 Company’s prior written consent. A Participant that would be a Foreign Non-U.S. Lender if it were a Lender shall not be entitled to the benefits of Section 4.13 3.5 unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 4.13(e3.5(d) as though it were a Lender.
Appears in 1 contract
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.114.01 or 4.04, 4.12 and 4.13 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 Company’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 4.13 4.01 unless the Company is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 4.13(e4.0 1(e) as though it were a Lender.. A/72912756.15
Appears in 1 contract
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 Section 4.01 or 4.03 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 CompanyHoldings’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 4.13 4.01 unless the Company Holdings is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersHoldings, to comply with Section 4.13(e4.01(e) as though it were a Lender.
Appears in 1 contract
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 6.6 and 4.13 6.16 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 CompanyBorrower’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 4.13 6.16 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e6.16(e) as though it were a Lender.
Appears in 1 contract
Samples: Credit Facility Agreement (Phoenix Footwear Group Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 Section 2.5 or 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 Company’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 4.13 2.5.4 unless the Company is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 4.13(e) 2.5.6 as though it were a Lender.
Appears in 1 contract
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.114.01 or 4.04, 4.12 and 4.13 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 Company’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 4.13 4.01 unless the Company is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowers, to comply with Section 4.13(e4.01(e) as though it were a Lender.
Appears in 1 contract
Samples: Revolving Credit Agreement (FelCor Lodging Trust Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 2.16 or 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 CompanyBorrower’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 4.13 2.18 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e2.18(e) as though it were a Lender.
Appears in 1 contract
Samples: Credit Agreement (WPX Energy, Inc.)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 Section 4.1 or 4.4 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 Company’s 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 4.13 4.1 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersBorrower, to comply with Section 4.13(e4.1(e) as though it were a Lender.
Appears in 1 contract
Samples: Credit Agreement (Vail Resorts Inc)
Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections 4.11, 4.12 and 4.13 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 Company’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 4.13 2.14 unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowersCompany, to comply with Section 4.13(e2.15(e) as though it were a Lender.
Appears in 1 contract
Samples: Credit Agreement (Goodrich Corp)