Common use of Payments to Participants Clause in Contracts

Payments to Participants. A Participant shall not be entitled to receive any greater payment under Sections 4.1.2, 4.3 and 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 Borrower’s prior written consent. A Participant that would be a Non-U.S. Lender if it were a Lender shall not be entitled to the benefits of Section 4.1.2 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 4.1.3 as though it were a Lender.

Appears in 2 contracts

Samples: Senior Secured Credit Agreement (Borders Group Inc), Senior Secured Credit Agreement (Pershing Square Capital Management, L.P.)

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Payments to Participants. A Participant shall not be entitled to receive any greater payment under Sections 4.1.25.3.2, 4.3 5.7 and 4.4 5.8 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s Borrowers' prior written consent. A Participant that would be a Non-U.S. Lender if it were a Lender shall not be entitled to the benefits of Section 4.1.2 5.3.2 unless the Borrower is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 4.1.3 5.3.3 as though it were a Lender.

Appears in 2 contracts

Samples: Multicurrency Revolving Credit Agreement (Borders Group Inc), Multicurrency Revolving Credit Agreement (Borders Group Inc)

Payments to Participants. A Participant shall not be entitled to receive any greater payment under Sections 4.1.2any of Section 4.1, 4.3 and 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 Borrower’s 's prior written consent. A Participant that would be a Non-U.S. Lender if it were a Lender shall not be entitled to the benefits of Section 4.1.2 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 4.1.3 as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Regent Communications Inc)

Payments to Participants. A Participant shall not be entitled to receive any greater payment under Sections 4.1.2§§5.2.2, 4.3 5.6 and 4.4 5.7 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Non-U.S. Lender if it were a Lender shall not be entitled to the benefits of Section 4.1.2 §5.2.2 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 4.1.3 §5.2.3 as though it were a Lender.

Appears in 1 contract

Samples: Revolving Credit Agreement (Yankee Candle Co Inc)

Payments to Participants. A Participant shall not be entitled to receive any greater payment under Sections 4.1.25.2.2, 4.3 5.6 and 4.4 5.7 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Non-U.S. Lender if it were a Lender shall not be entitled to the benefits of Section 4.1.2 5.2.2 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 4.1.3 5.2.3 as though it were a Lender.

Appears in 1 contract

Samples: Revolving Credit Agreement (Yankee Candle Co Inc)

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Payments to Participants. A Participant shall not be entitled to receive any greater payment under Sections 4.1.2§§5.2.2, 4.3 5.6 and 4.4 5.7 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s Borrowers’ prior written consent. A Participant that would be a Non-U.S. Lender if it were a Lender shall not be entitled to the benefits of Section 4.1.2 §5.2.2 unless the Borrower is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 4.1.3 §5.2.3 as though it were a Lender.

Appears in 1 contract

Samples: Revolving Credit Agreement (Seneca Foods Corp /Ny/)

Payments to Participants. A Participant shall not be entitled to receive any greater payment under Sections 4.1.26.2.2, 4.3 6.6 and 4.4 6.7 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s 's prior written consent. A Participant that would be a Non-U.S. Lender if it were a Lender shall not be entitled to the benefits of Section 4.1.2 6.2.2 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 4.1.3 6.2.2 as though it were a Lender.

Appears in 1 contract

Samples: Revolving Credit and Term Loan Agreement (Buca Inc /Mn)

Payments to Participants. A Participant shall not be entitled to receive any greater payment under Sections 4.1.25.3.2, 4.3 5.7 and 4.4 5.8 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s 's prior written consent. A Participant that would be a Non-U.S. Lender if it were a Lender shall not be entitled to the benefits of Section 4.1.2 5.3.2 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 4.1.3 5.3.3 as though it were a Lender.

Appears in 1 contract

Samples: Multicurrency Revolving Credit Agreement (Lexmark International Inc /Ky/)

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