Common use of Limitation upon Participant Rights Clause in Contracts

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under 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 Borrower’s prior written consent or to the extent that any entitlement to a greater payment results from a Change in Law arising after such Participant became a Participant.

Appears in 5 contracts

Samples: Credit Agreement (Polymer Group Inc), Credit Agreement (Polymer Group Inc), Credit Agreement (Polymer Group Inc)

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Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 §§5.2.2, 5.6 and 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 or to the extent that any entitlement to a greater payment results from a Change in Law arising after such Participant became a Participantconsent.

Appears in 5 contracts

Samples: Revolving Credit Agreement (Barnes Group Inc), Assignment and Assumption (Barnes Group Inc), Revolving Credit Agreement (Barnes Group Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under 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 Borrower’s prior written consent or to the extent that any entitlement to a greater payment results from a Change in Law arising after such Participant became a Participantconsent.

Appears in 4 contracts

Samples: Credit Agreement (Royal Resources Partners LP), Second Lien Credit Agreement (Royal Resources Partners LP), Second Lien Credit Agreement (Royal Resources Partners LP)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under 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 Lead Borrower’s prior written consent or to the extent that any entitlement to a greater payment results from a Change in Law arising after such Participant became a Participant.

Appears in 3 contracts

Samples: Credit Agreement (Polymer Group Inc), Credit Agreement (Dominion Textile (Usa), L.L.C.), Credit Agreement (Dominion Textile (Usa), L.L.C.)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 §§5.6, 5.7 and 5.12.1 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 Borrower’s Borrowers’ prior written consent or to the extent that any entitlement to a greater payment results from a Change in Law arising after such Participant became a Participantconsent.

Appears in 3 contracts

Samples: Credit Agreement (Barnes Group Inc), Credit Agreement (Barnes Group Inc), Credit Agreement (Barnes Group Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under 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 Borrower’s prior written consent or except to the extent that any such entitlement to receive a greater payment results from a Change in Law arising that occurs after such the Participant became a Participantacquired the applicable participation.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Akumin Inc.), Revolving Credit Agreement (Akumin Inc.), Revolving Credit Agreement (Akumin Inc.)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under 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 Borrower’s prior written consent or the right to the extent that any entitlement to receive a greater payment results from a Change in Law arising after such Participant became the participant becomes a Participant.

Appears in 2 contracts

Samples: Second Lien Credit Agreement (Sbarro Inc), Credit Agreement (Sbarro Express LLC)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under 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 (i) the sale of the participation to such Participant is made with the Borrower’s prior written consent (not to be unreasonably withheld) or (ii) to the extent that any entitlement to a greater payment results from a Change in Law arising after such Participant became a Participant.

Appears in 2 contracts

Samples: Credit Agreement (Libbey Inc), Credit Agreement (Libbey Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 Sections 3.2 through 3.8 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 prior written consent, which consent or to sets forth an express waiver of the extent that any entitlement to a greater payment results from a Change limitation on Sections 3.2 through 3.8 which are set forth in Law arising after such Participant became a Participantthis subsection.

Appears in 2 contracts

Samples: Assignment and Assumption (Plains All American Pipeline Lp), Credit Agreement (Plains All American Pipeline Lp)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 Sections 3.2 through 3.7 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 a Borrower’s prior written consent, which consent or to sets forth an express waiver of the extent that any entitlement to a greater payment results from a Change limitation on Sections 3.2 through 3.7 which are set forth in Law arising after such Participant became a Participantthis subsection.

Appears in 2 contracts

Samples: Credit Agreement (Plains All American Pipeline Lp), Credit Agreement (Plains All American Pipeline Lp)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.01, 3.04 or 3.04 3.05 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 Borrower’s prior written consent or except to the extent that any such entitlement to receive a greater payment results from a Change in Law arising that occurs after such the Participant became a Participantacquired the applicable participation.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Foresight Energy LP), Assignment and Assumption Agreement (Foresight Energy LP)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.1 or 3.04 3.3 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 or to the extent that any entitlement to a greater payment results from a Change in Law arising after such Participant became a Participantconsent.

Appears in 2 contracts

Samples: Credit Agreement (Kansas City Southern), Credit Agreement (Kansas City Southern De Mexico, S.A. De C.V.)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 1.17 than the applicable Lender Bank 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 BorrowerCompany’s prior written consent or to the extent that any entitlement to a greater payment results from a Change in Law arising after such Participant became a Participantconsent.

Appears in 1 contract

Samples: Revolving Credit Agreement (Kaman Corp)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.01, 3.04 or 3.04 3.05 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 Borrower’s prior written consent consent, not to be unreasonably withheld or to the extent that any entitlement to a greater payment results from a Change in Law arising after such Participant became a Participantdelayed.

Appears in 1 contract

Samples: Credit Agreement (DJO Finance LLC)

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Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 Sections 5.06, 5.07 and 5.12(a) 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 or to the extent that any entitlement to a greater payment results from a Change in Law arising after such Participant became a Participantconsent.

Appears in 1 contract

Samples: Credit Agreement (Barnes Group Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 Sections 3.2 through 3.7 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 a Borrower’s 's prior written consent, which consent or to sets forth an express waiver of the extent that any entitlement to a greater payment results from a Change limitation on Sections 3.2 through 3.7 which are set forth in Law arising after such Participant became a Participantthis subsection.

Appears in 1 contract

Samples: Credit Agreement (Plains All American Pipeline Lp)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 Sections 3.2 through 3.7 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, which consent or to sets forth an express waiver of the extent that any entitlement to a greater payment results from a Change limitation on Sections 3.2 through 3.7 which are set forth in Law arising after such Participant became a Participantthis subsection.

Appears in 1 contract

Samples: Credit Agreement (Plains All American Pipeline Lp)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 Sections 3.2 through 3.7 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, which consent or to sets forth an express waiver of the extent that any entitlement to a greater payment results from a Change limitation on Sections 3.2 through 3.7 which are set forth in Law arising after such Participant became a Participantthis subsection.

Appears in 1 contract

Samples: Day Credit Agreement (Plains All American Pipeline Lp)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 1.12 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 or to the extent that any entitlement to a greater payment results from a Change in Law arising after such Participant became a Participantconsent.

Appears in 1 contract

Samples: Credit Agreement (Power Integrations Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 1.12 than the applicable Lender Bank 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 BorrowerCompany’s prior written consent or to the extent that any entitlement to a greater payment results from a Change in Law arising after such Participant became a Participantconsent.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Kaman Corp)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 subsection 2.6D, 2.7 or 3.04 3.6 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 Borrower’s prior written consent or consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the extent that any entitlement benefits of subsection 2.7 unless Borrower is notified of the participation sold to a greater payment results from a Change in Law arising after such Participant became and such Participant complies with subsection 2.7 as though it were a ParticipantLender.

Appears in 1 contract

Samples: Credit Agreement (Boyds Collection LTD)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 5.01 or 3.04 5.04 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 Borrower’s Company's prior written consent or consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the extent that any entitlement benefits of Section 5.01 unless the Company is notified of the participation sold to a greater payment results from a Change in Law arising after such Participant became and such Participant agrees, for the benefit of the Borrowers, to comply with Section 5.01(e) as though it were a ParticipantLender.

Appears in 1 contract

Samples: Credit Agreement (Clear Channel Communications Inc)

Limitation upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 §§4.1.2, 4.5 and 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 Borrower’s prior written consent or to the extent that any entitlement to a greater payment results from a Change in Law arising after such Participant became a Participantconsent.

Appears in 1 contract

Samples: Assignment and Assumption (Barnes Group Inc)

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