Common use of Participations by the Lenders Clause in Contracts

Participations by the Lenders. Any Lender may, without the consent of Borrowers, the Agent or any other Lender, sell participating interests to one or more banks or other entities (each a "Participant") in all or a portion of such Lender's rights and obligations under this Credit Agreement (including all or a portion of its Commitment and the Loans owing to it); provided, however, that (i) such Lender's obligations under this Credit Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations, (iii) Borrower, the Agent, and the other Lenders shall continue to deal solely and directly with such Lender in connection with such Lender's rights and obligations under this Credit Agreement and (iv) such participation shall be in an amount of not less than $1,000,000. Any agreement or instrument pursuant to which a Lender sells such a participation shall provide that such Lender shall retain the sole right to enforce this Credit Agreement and to approve any amendment, modification or waiver of any provision of this Credit Agreement. Borrowers agree that each Participant shall be entitled to the benefits of ss. 4.5 to the same extent as if it were a Lender and had acquired its interest by assignment pursuant to ss.17.1.

Participations by the Lenders. Any Lender may, without the consent of Borrowersany Borrower, the Agent or any other Lender, sell participating interests participations to one or more banks or other entities (each a "Participant"?) in all or a portion of such Lender's rights and obligations under this Credit Agreement (including all or a portion of its Commitment and the Revolving Credit Loans owing to it); provided, however, that (i) such Lender's obligations under this Credit Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations, (iii) each Borrower, the Agent, and the other Lenders shall continue to deal solely and directly with such Lender in connection with such Lender's rights and obligations under this Credit Agreement and (iv) such participation shall be in an amount of not less than $1,000,0005,000,000. Any agreement or instrument pursuant to which a Lender sells such a participation shall provide that such Lender shall retain the sole right to enforce this Credit Agreement and to approve any amendment, modification or waiver of any provision of this Credit Agreement. Borrowers agree Each Borrower agrees that each Participant shall be entitled to the benefits of ss. 4.5 to the same extent as if it were a Lender and had acquired its interest by assignment pursuant to ss.17.117.1.

Participations by the Lenders. Any From and after the date hereof, each Lender may, without shall be at liberty to offer participations in the consent of Borrowers, Loans and the Agent or any other Lender, sell participating interests Notes to one or more banks or other entities financial institutions (each each, a "Participant") in all or a portion of on such Lender's rights terms as such Lender may think fit, and obligations under for this Credit Agreement (including all or a portion purpose such Lender may make available to each of its Commitment potential Participants such information relating to the Borrower, this Agreement and the Loans owing to it)transactions contemplated hereby as such Lender may think necessary or desirable, which information shall be held by each potential Participant strictly in confidence; provided, however, that (i) such Lender's obligations under this Credit Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations, (iii) Borrower, the Agent, and the other Lenders shall continue to deal solely and directly with such Lender in connection with such Lender's rights and obligations under this Credit Agreement and (iv) such participation shall be in an amount of not less than $1,000,000. Any agreement or instrument pursuant to which a Lender sells such a participation shall provide that such Lender shall retain the sole right to enforce consent to amendments to, or waivers of, the provisions of this Credit Agreement and the Notes, except with respect to approve those amendments requiring the approval of all of the Lenders pursuant to Section 9.8 of this Agreement, and the sole right and responsibility to enforce the obligations of the Borrower hereunder and under the Notes; provided that such Lender may agree with each of its Participants that such Lender will not agree, without the consent of the Participant, to any amendment, modification amendment or waiver of any provision of this Credit Agreement. Borrowers agree that each Participant shall be entitled Agreement which would increase or otherwise change its Commitment Amount or reduce the principal of or rate of interest on the Loans subject to such participation, or postpone the benefits date fixed for any payment of ss. 4.5 to the same extent as if it were a Lender and had acquired its principal or of interest by assignment pursuant to ss.17.1on any Loans.

Participations by the Lenders. Any Lender may, without the consent of Borrowersany Borrower, the Agent or any other Lender, sell participating interests participations to one or more banks or other entities (each a "Participant") in all or a portion of such Lender's rights and obligations under this Credit Agreement (including all or a portion of its Commitment and the Loans owing to it); provided, however, provided that (i) such Lender's obligations under this Credit Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations, (iii) each Borrower, the Agent, and the other Lenders shall continue to deal solely and directly with such Lender in connection with such Lender's rights and obligations under this Credit Agreement and (iv) such participation shall be in an amount of not less than $1,000,0005,000,000. Any agreement or instrument pursuant to which a Lender sells such a participation shall provide that such Lender shall retain the sole right to enforce this Credit Agreement and to approve any amendment, modification or waiver of any provision of this Credit Agreement. Borrowers agree Each Borrower agrees that each Participant shall be entitled to the benefits of ss. 4.5 to the same extent as if it were a Lender and had acquired its interest by assignment pursuant to ss.17.117.1.

Participations by the Lenders. Any Lender may, without the consent of Borrowersany Borrower, the Agent or any other Lender, sell participating interests participations to one or more banks or other entities (each a "Participant") in all or a portion of such Lender's rights and obligations under this Credit Agreement (including all or a portion of its Commitment and the Loans owing to it); provided, however, that (i) such Lender's obligations under this Credit Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations, (iii) each Borrower, the Agent, and the other Lenders shall continue to deal solely and directly with such Lender in connection with such Lender's rights and obligations under this Credit Agreement and (iv) such participation shall be in an amount of not less than $1,000,0005,000,000. Any agreement or instrument pursuant to which a Lender sells such a participation shall provide that such Lender shall retain the sole right to enforce this Credit Agreement and to approve any amendment, modification or waiver of any provision of this Credit Agreement. Borrowers agree Each Borrower agrees that each Participant shall be entitled to the benefits of ss. 4.5 to the same extent as if it were a Lender and had acquired its interest by assignment pursuant to ss.17.117.1.

Participations by the Lenders. Any Lender may, without the consent of Borrowers, the Agent or any other Lender, sell participating interests to one or more banks or other entities (each a "Participant") in all or a portion of such Lender's rights and obligations under this Credit Agreement and the Loan Documents (including all or a portion of its Commitment and the Loans owing to it); provided, however, that (i) such Lender's obligations under this Credit Agreement shall remain unchanged, (ii) such Lender shall remain solely responsible to the other parties hereto for the performance of such obligations, (iii) Borrowerthe Borrowers, the Agent, and the other Lenders shall continue to deal solely and directly with such Lender in connection with such Lender's rights and obligations under this Credit Agreement and (iv) such participation shall be in an amount of not less than $1,000,0005,000,000. Any agreement or instrument pursuant to which a Lender sells such a participation shall provide that such Lender shall retain the sole right to enforce this Credit Agreement and to approve any amendment, modification or waiver of any provision of this Credit Agreement. Borrowers agree Each Borrower agrees that each Participant shall be entitled to the benefits of ss. 4.5 ss.4.5 to the same extent as if it were a Lender and had acquired its interest by assignment pursuant to ss.17.1.