Rights of Assignees and Participants. (a) Upon the assignment by a Lender in accordance with Section 1.2(c) or 12.1(b) or (c), the Eligible Assignee(s) receiving such assignment shall have all of the rights of such Lender with respect to the Transaction Documents and the Obligations (or such portion thereof as has been assigned). (b) In no event will the sale of any participation interest in any Lender's or any Eligible Assignee's rights under the Transaction Documents or in the Obligations relieve the seller of such participation interest of its obligations, if any, hereunder or, if applicable, under the Liquidity Agreement to which it is a party and such Loan Party shall remain solely responsible for the performance of its obligations hereunder and thereunder. No participant shall have any right to restrict the approval of or to approve any amendment, modification or waiver to the provisions hereof except to the extent any such amendment, modification or waiver reduces the amount of Advances or the interest rate or fees payable with respect to such Advances; provided, however, that to the extent that any Liquidity Funding is deemed to be the sale of a participation, the foregoing limitation on participants' voting rights shall not apply to any Liquidity Bank participating in such Liquidity Funding.
Appears in 2 contracts
Samples: Credit and Security Agreement (Boston Scientific Corp), Credit and Security Agreement (Boston Scientific Corp)
Rights of Assignees and Participants. (a) Upon the assignment by a Lender in accordance with Section 1.2(c), 10.2(b) or 12.1(b12.l(b) or (c), the Eligible Assignee(s) receiving such assignment shall have all of the rights of such Lender with respect to the Transaction Documents and the Obligations (or such portion thereof as has been assigned).
(b) In no event will the sale of any participation interest in any Lender's ’s or any Eligible Assignee's ’s rights under the Transaction Documents or in the Obligations relieve the seller of such participation interest of its obligations, if any, hereunder or, if applicable, under the Liquidity Agreement to which it is a party and such Loan Party seller shall remain solely responsible for the performance of its obligations hereunder and thereunder. No participant Participant shall have any right to restrict the approval of or to approve any amendment, modification or waiver to the provisions hereof except to the extent any such amendment, modification or waiver reduces the amount of Advances or the interest rate or fees payable with respect to such Advances; provided, however, that to the extent that any Liquidity Funding is deemed to be the sale of a participation, the foregoing limitation on participants' Participants’ voting rights shall not apply to any Liquidity Bank Provider participating in such Liquidity Funding.
Appears in 1 contract
Samples: Credit and Security Agreement (International Paper Co /New/)
Rights of Assignees and Participants. (ai) Upon the assignment by a Lender in accordance with Section 1.2(c), 10.2(b) or 12.1(b12.l(b) or (c), the Eligible Assignee(s) receiving such assignment shall have all of the rights of such Lender with respect to the Transaction Documents and the Obligations (or such portion thereof as has been assigned).
(bii) In no event will the sale of any participation interest in any Lender's ’s or any Eligible Assignee's ’s rights under the Transaction Documents or in the Obligations relieve the seller of such participation interest of its obligations, if any, hereunder or, if applicable, under the Liquidity Agreement to which it is a party and such Loan Party seller shall remain solely responsible for the performance of its obligations hereunder and thereunder. No participant Participant shall have any right to restrict the approval of or to approve any amendment, modification or waiver to the provisions hereof except to the extent any such amendment, modification or waiver reduces the amount of Advances or the interest rate or fees payable with respect to such Advances; provided, however, that to the extent that any Liquidity Funding is deemed to be the sale of a participation, the foregoing limitation on participants' Participants’ voting rights shall not apply to any Liquidity Bank Provider participating in such Liquidity Funding.
Appears in 1 contract
Samples: Credit and Security Agreement (International Paper Co /New/)
Rights of Assignees and Participants. (a) Upon the assignment by a Lender in accordance with Section 1.2(c) or 12.1(b) or (c), the Eligible Assignee(s) receiving such assignment shall have all of the rights of such Lender with respect to the Transaction Documents and the Obligations (or such portion thereof as has been assigned).
(b) In no event will the sale of any participation interest in any Lender's ’s or any Eligible Assignee's ’s rights under the Transaction Documents or in the Obligations relieve the seller of such participation interest of its obligations, if any, hereunder or, if applicable, under the Liquidity Agreement to which it is a party and such Loan Party seller shall remain solely responsible for the performance of its obligations hereunder and thereunder. No participant Participant shall have any right to restrict the approval of or to approve any amendment, modification or waiver to the provisions hereof except to the extent any such amendment, modification or waiver reduces the amount of Advances or the interest rate or fees payable with respect to such Advances; provided, however, that to the extent that any Liquidity Funding is deemed to be the sale of a participation, the foregoing limitation on participants' Participants’ voting rights shall not apply to any Liquidity Bank participating in such Liquidity Funding.
Appears in 1 contract
Samples: Credit and Security Agreement (International Paper Co /New/)
Rights of Assignees and Participants. (a) Upon the assignment by a Lender in accordance with Section 1.2(c), 10.2(b) or 12.1(b12.l(b) or (c), the Eligible Assignee(s) receiving such assignment shall have all of the rights of such Lender with respect to the Transaction Documents and the Obligations (or such portion thereof as has been assigned).
(b) In no event will the sale of any participation interest in any Lender's ’s or any Eligible Assignee's ’s rights under the Transaction Documents or in the Obligations relieve the seller of such participation interest of its obligations, if any, hereunder or, if applicable, under the Liquidity Agreement to which it is a party and such Loan Party seller shall remain solely responsible for the performance of its obligations hereunder and thereunder. No participant Participant shall have any right to restrict the approval of or to approve any amendment, modification or waiver to the provisions hereof except to the extent any such amendment, modification or waiver reduces the amount of Advances or the interest rate or fees payable with respect to 60993798_4.DOC such Advances; provided, however, that to the extent that any Liquidity Funding is deemed to be the sale of a participation, the foregoing limitation on participants' Participants’ voting rights shall not apply to any Liquidity Bank participating in such Liquidity Funding.
Appears in 1 contract
Samples: Credit and Security Agreement (International Paper Co /New/)
Rights of Assignees and Participants. (a) Upon the assignment by a Lender in accordance with Section 1.2(c) or 12.1(b) or (c), the Eligible Assignee(s) receiving such assignment shall have all of the rights of such Lender with respect to the Transaction Documents and the Obligations (or such portion thereof as has been assigned).
(b) In no event will the sale of any participation interest in any Lender's or any Eligible Assignee's rights under the Transaction Documents or in the Obligations relieve the seller of such participation interest of its obligations, if any, hereunder or, if applicable, under the Liquidity Agreement to which it is a party and such Loan Party seller shall remain solely responsible for the performance of its obligations hereunder and thereunder. No participant Participant shall have any right to restrict the approval of or to approve any amendment, modification or waiver to the provisions hereof except to the extent any such amendment, modification or waiver reduces the amount of Advances or the interest rate or fees payable with respect to such Advances; provided, however, that to the extent that any Liquidity Funding is deemed to be the sale of a participation, the foregoing limitation on participants' voting rights shall not apply to any Liquidity Bank participating in such Liquidity Funding.the
Appears in 1 contract
Samples: Credit and Security Agreement (International Paper Co /New/)