Sub-participation by Lenders. Any Lender may at any time sell to ---------------------------- one or more financial institutions (each of such financial institutions being herein called a "Participant") participating interests in any of the Obligations held by such Lender and its commitments hereunder; provided, however, that: (1) No participation contemplated by this Paragraph 11(h) shall relieve such Lender from its obligations hereunder or under any other Credit Document; (2) Such Lender shall remain solely responsible for the performance of such obligations; (3) The Companies, the Administrative Agent, the Collateral 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 the Credit Documents; and (4) The participation agreement between such 50 Lender and the Participant shall provide that the sole voting rights of the Participant are with respect to those items on which such Lender is entitled to vote pursuant to Paragraphs 11(b)(3), 11(b)(7) and 11(b)(8) above or any vote to amend Paragraph 11(b).
Appears in 2 contracts
Samples: Credit Agreement (CWM Mortgage Holdings Inc), Credit Agreement (CWM Mortgage Holdings Inc)
Sub-participation by Lenders. Any Lender may at any time sell ---------------------------- to ---------------------------- one or more financial institutions (each of such financial institutions being herein called a "Participant") participating interests in any of the Obligations held by such Lender and its commitments hereunder; provided, however, that:
(1) No participation contemplated by this Paragraph 11(h15(h) shall relieve such Lender from its obligations hereunder or under any other Credit Document;
(2) Such Lender shall remain solely responsible for the performance of such obligations;
(3) The Companies, the Administrative Agent, the Collateral Agent Agent, the L/C Bank and the other Lenders shall continue to deal solely and directly with such Lender in connection with such Lender's rights and obligations under the Credit Documents; and
(4) The participation agreement between such 50 Lender and the Participant shall provide that the sole voting rights of the Participant are with respect to those items on which such Lender is entitled to vote pursuant to Paragraphs 11(b)(315(b)(3), 11(b)(715(b)(7) and 11(b)(815(b)(8) above or any vote to amend Paragraph 11(b15(b).
Appears in 2 contracts
Samples: Credit Agreement (CWM Mortgage Holdings Inc), Credit Agreement (CWM Mortgage Holdings Inc)