Common use of Limitations upon Participant Rights Clause in Contracts

Limitations 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e) as though it were a Lender.

Appears in 474 contracts

Samples: Bridge Term Loan Credit Agreement (Egl Inc), Credit Agreement (Kapstone Paper & Packaging Corp), Security Agreement (Ryman Hospitality Properties, Inc.)

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Limitations 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 BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 59 contracts

Samples: Credit Agreement (Aftermarket Technology Corp), Credit Agreement (California Water Service Group), Credit Agreement (Sonic Automotive Inc)

Limitations 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 's prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e) as though it were a Lender.

Appears in 56 contracts

Samples: Credit Agreement (Tanger Properties LTD Partnership /Nc/), Credit Agreement (Wintrust Financial Corp), Credit Agreement (American Financial Group Inc)

Limitations 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Lead Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerLoan Parties, to comply with Section 3.01(e) as though it were a Lender.

Appears in 55 contracts

Samples: Credit Agreement (Pep Boys Manny Moe & Jack), Credit Agreement (Sportsman's Warehouse Holdings, Inc.), Credit Agreement (Rh)

Limitations 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e) as though it were a Lender.

Appears in 49 contracts

Samples: Credit Agreement (Unitil Corp), Credit Agreement (Energy Partners LTD), Credit Agreement (Resmed Inc)

Limitations 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 Borrowers’ prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e) as though it were a Lender.

Appears in 40 contracts

Samples: Credit Agreement (Armstrong World Industries Inc), Credit Agreement (Gilead Sciences Inc), Credit Agreement (KKR Financial Holdings LLC)

Limitations 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 BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerCompany, to comply with Section 3.01(e) as though it were a Lender.

Appears in 25 contracts

Samples: Credit Agreement (Hain Celestial Group Inc), Credit Agreement (Asbury Automotive Group Inc), Credit Agreement (Asbury Automotive Group Inc)

Limitations 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e) as though it were a Lender.

Appears in 25 contracts

Samples: Credit Agreement (NRG Yield, Inc.), Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Franklin Street Properties Corp /Ma/)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.9, 3.12, 3.13, or 3.04 3.14 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 Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.13 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 3.01(e3.13(e) as though it were a Lender.

Appears in 24 contracts

Samples: Term Loan Agreement (PNM Resources Inc), Term Loan Agreement (Public Service Co of New Mexico), Term Loan Agreement (Public Service Co of New Mexico)

Limitations 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerLoan Parties, to comply with Section 3.01(e) as though it were a Lender.

Appears in 20 contracts

Samples: Credit Agreement (Five Below, Inc), Second Lien Credit Agreement (Sequential Brands Group, Inc.), Credit Agreement (Macy's, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 Sections 3.10. and 4.1. 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 prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.10. unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrower and the Administrative Agent, to comply with Section 3.01(e3.10.(c) as though it were a Lender.

Appears in 19 contracts

Samples: Term Loan Agreement (Select Income REIT), Term Loan Agreement (Regency Centers Lp), Term Loan Agreement (CommonWealth REIT)

Limitations 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 BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) 11.15 as though it were a Lender.

Appears in 18 contracts

Samples: Credit Agreement (Danaher Corp /De/), Credit Agreement (Vontier Corp), Term Loan Agreement (Vontier Corp)

Limitations 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e) as though it were a Lender.

Appears in 16 contracts

Samples: Credit Agreement (Kinetic Concepts Inc /Tx/), Credit Agreement (Anthem Inc), Loan Agreement (Wellpoint Inc)

Limitations 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 BorrowerBorrower Agent’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Agent is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 14 contracts

Samples: Credit Agreement (StarTek, Inc.), Credit Agreement (Roadrunner Transportation Systems, Inc.), Credit Agreement (Purple Innovation, Inc.)

Limitations 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 's prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Lead Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerLoan Parties, to comply with Section 3.01(e) as though it were a Lender.

Appears in 14 contracts

Samples: Term Loan Credit Agreement (Kirkland's, Inc), Credit Agreement (Hamilton Beach Brands Holding Co), Credit Agreement (Kirkland's, Inc)

Limitations 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerLoan Parties, to comply and in fact complies with Section 3.01(e) as though it were a Lender.

Appears in 13 contracts

Samples: Credit Agreement (Vince Holding Corp.), Credit Agreement (Vince Holding Corp.), Credit Agreement (Apparel Holding Corp.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 4.01 or 3.04 4.04 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 4.01 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 3.01(e4.01(e) as though it were a Lender.

Appears in 11 contracts

Samples: Credit Agreement (Walter Energy, Inc.), Credit Agreement (Mueller Group, Inc.), Credit Agreement (Mueller Water Products, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or Section 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e) as though it were a Lender.

Appears in 10 contracts

Samples: Credit Agreement (Sandridge Energy Inc), Credit Agreement (Sandridge Energy Inc), Credit Agreement (Cablevision Systems Corp /Ny)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 Sections 3.10. and 5.1. 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 prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.10. unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrower and the Administrative Agent, to comply with Section 3.01(e3.10.(c) as though it were a Lender.

Appears in 10 contracts

Samples: Credit Agreement (Excel Trust, Inc.), Credit Agreement (DiamondRock Hospitality Co), Term Loan Agreement (Broadstone Net Lease Inc)

Limitations 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 consentconsent or except to the extent such entitlement to receive a greater payment results from a Change in Law that occurs after the Participant acquired the applicable participation. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified of the participation sold to such Participant and if such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) as though it were a Lender (provided that all forms required under Section 3.01(e) shall instead be delivered to the applicable Lender).

Appears in 10 contracts

Samples: Bridge Facility Agreement (Bellring Brands, Inc.), Credit Agreement (Post Holdings, Inc.), Credit Agreement (Turning Point Brands, Inc.)

Limitations 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 BorrowerBorrowing Agent’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e) and (f) as though it were a Lender.

Appears in 9 contracts

Samples: Credit Agreement (World Fuel Services Corp), Credit Agreement (World Fuel Services Corp), Credit Agreement (World Fuel Services Corp)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 Sections 3.5 or 3.04 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.7 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 3.01(e3.7(e) and (f) as though it were a Lender.

Appears in 9 contracts

Samples: Credit and Guarantee Agreement (General Communication Inc), Credit Agreement (General Communication Inc), Credit and Guarantee Agreement (Gci Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 Sections 3.1 and 3.2 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 Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e3.2(e) as though it were a Lender.

Appears in 9 contracts

Samples: Credit Agreement (National Health Investors Inc), Credit Agreement (National Health Investors Inc), Credit Agreement (National Health Investors Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section Sections 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e) as though it were a Lender.

Appears in 9 contracts

Samples: Revolving Credit Agreement (Western Refining, Inc.), Credit Agreement (Tesoro Logistics Lp), Credit Agreement (KKR Financial Holdings LLC)

Limitations 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 be subject to the provisions of Section 3.01(e3.06(b) and (c) as though it were a Lender.

Appears in 8 contracts

Samples: Credit Agreement (Vista Outdoor Inc.), Credit Agreement (AdvanSix Inc.), Credit Agreement (Vista Outdoor Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 3.1 and 3.2 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 Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e3.2(e) as though it were a Lender.

Appears in 8 contracts

Samples: Credit Agreement (Agnico Eagle Mines LTD), Credit Agreement, Assignment and Assumption (Village Farms International, Inc.)

Limitations 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e) 10.15 as though it were a Lender.

Appears in 8 contracts

Samples: Credit Agreement (Sonoco Products Co), Term Credit Agreement (Keystone Automotive Operations Inc), Credit Agreement (St Jude Medical Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or Section 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 BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerCompany, to comply with Section 3.01(e3.01(f) as though it were a Lender.

Appears in 7 contracts

Samples: Credit Agreement (Madison Square Garden Entertainment Corp.), Credit Agreement (Madison Square Garden Entertainment Corp.), Credit Agreement (MSGE Spinco, Inc.)

Limitations 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 BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 7 contracts

Samples: Credit Agreement (Parexel International Corp), Credit Agreement (Watts Water Technologies Inc), Revolving Credit Agreement (Hasbro, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or Section 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.01(a) unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, agrees to comply with Section 3.01(e) as though it were a Lender (it being understood that the documentation required under Section 3.01(e) shall be delivered to the participating Lender).

Appears in 7 contracts

Samples: Senior Secured Term Loan C Agreement (Energy Transfer Equity, L.P.), Senior Secured Term Loan Agreement (Energy Transfer Equity, L.P.), Credit Agreement (Energy Transfer Equity, L.P.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or Section 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 BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerCompany, to comply with Section 3.01(e) as though it were a Lender.

Appears in 7 contracts

Samples: Credit Agreement (Madison Square Garden Co), Credit Agreement (Madison Square Garden Co), Credit Agreement (Madison Square Garden Entertainment Corp.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.1 or 3.04 3.4 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 Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.1 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 3.01(e3.1(e) as though it were a Lender.

Appears in 6 contracts

Samples: Credit and Guaranty Agreement (Reliant Energy Inc), Credit and Guaranty Agreement (Reliant Energy Inc), Credit Agreement (Cec Entertainment Inc)

Limitations 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 Sections 3.01, 3.04 and 3.05 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 3.01(e) as though it were a Lender.

Appears in 6 contracts

Samples: 2022 Revolving Credit Agreement (TJX Companies Inc /De/), 2024 Revolving Credit Agreement (TJX Companies Inc /De/), Assignment and Assumption (TJX Companies Inc /De/)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.9, 3.12, 3.13, or 3.04 3.14 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 Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.13 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 3.01(e3.13(f) as though it were a Lender.

Appears in 6 contracts

Samples: Credit Agreement (Texas New Mexico Power Co), Term Loan Credit Agreement (PNM Resources Inc), Credit Agreement (Texas New Mexico Power Co)

Limitations 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e) 10.14 as though it were a Lender.

Appears in 6 contracts

Samples: Security Agreement (Health Management Associates Inc), Security Agreement (Health Management Associates Inc), Credit Agreement (Bj Services Co)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e) as though it were a Lender.

Appears in 6 contracts

Samples: Revolving Credit Agreement (Voya Financial, Inc.), Revolving Credit Agreement (Voya Financial, Inc.), Revolving Credit Agreement (Voya Financial, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.9, 3.13, or 3.04 3.14 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 Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.13 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 3.01(e3.13(g) as though it were a Lender.

Appears in 6 contracts

Samples: Term Loan Agreement (Public Service Co of New Mexico), And Restatement of Credit Agreement (Public Service Co of New Mexico), Term Loan Agreement (PNM Resources Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 Sections 3.3 or 3.04 3.4 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 Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.4 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 3.01(e3.4(e) as though it were a Lender.

Appears in 6 contracts

Samples: Credit Agreement (Aberdeen Asia-Pacific Income Fund Inc), Credit Agreement (Aberdeen Asia-Pacific Income Fund Inc), Credit Agreement (Highland Credit Strategies Fund)

Limitations 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 's prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerLoan Parties, to comply with Section 3.01(e) as though it were a Lender.

Appears in 6 contracts

Samples: License Agreement (Sequential Brands Group, Inc.), First Lien Credit Agreement (Sequential Brands Group, Inc.), Credit Agreement (Sequential Brands Group, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or Section 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 BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) as though it were a Lender.

Appears in 6 contracts

Samples: Credit Agreement (AMC Networks Inc.), Credit Agreement (AMC Networks Inc.), Credit Agreement (AMC Networks Inc.)

Limitations 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 Borrowers’ prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerLoan Parties, to comply with Section 3.01(e) as though it were a Lender.

Appears in 6 contracts

Samples: Abl Credit Agreement (Lands End Inc), Credit Agreement (Lands' End, Inc.), Abl Credit Agreement (Lands' End, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 Sections 3.12. and 4.1. 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 prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.12. unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrower and the Agent, to comply with Section 3.01(e3.12.(c) as though it were a Lender.

Appears in 6 contracts

Samples: Credit Agreement (Senior Housing Properties Trust), Term Loan Agreement (Piedmont Office Realty Trust, Inc.), Credit Agreement (U-Store-It Trust)

Limitations 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 Parent Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Parent Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Parent Borrower, to comply with Section 3.01(e) as though it were a Lender.

Appears in 6 contracts

Samples: Credit Agreement (Arch Capital Group Ltd.), Credit Agreement (Arch Capital Group Ltd.), Credit Agreement (Arch Capital Group Ltd.)

Limitations 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 BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerCompany, to comply with Section 3.01(e) 10.15 as though it were a Lender.

Appears in 5 contracts

Samples: Credit Agreement (Fortive Corp), Term Loan Credit Agreement (Fortive Corp), 364 Day Term Loan Credit Agreement (Fortive Corp)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.5, Section 3.6, Section 3.7 or 3.04 Section 3.10 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 Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.10 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 3.01(e3.10(f) as though it were a Lender.

Appears in 5 contracts

Samples: Credit Agreement (CVS HEALTH Corp), Credit Agreement (CVS HEALTH Corp), Day Credit Agreement (CVS HEALTH Corp)

Limitations 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e) 3.01 as though it were a Lender.

Appears in 5 contracts

Samples: Guaranty Agreement (O Reilly Automotive Inc), Credit Agreement (Health Management Associates Inc), Revolving Credit Agreement (Keystone Automotive Operations Inc)

Limitations 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 Borrowers’ prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e) as though it were a Lender.

Appears in 5 contracts

Samples: Credit Agreement (MGM Resorts International), Credit Agreement (MGM Resorts International), Credit Agreement (MGM Resorts International)

Limitations 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply complies with Section 3.01(e) as though it were a Lender.

Appears in 5 contracts

Samples: Credit Agreement (SWIFT TRANSPORTATION Co), Credit Agreement (SWIFT TRANSPORTATION Co), Credit Agreement (SWIFT TRANSPORTATION Co)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.1 or 3.04 3.4 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 Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.1 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 3.01(e) 3.1 as though it were a Lender.

Appears in 5 contracts

Samples: Revolving Credit Agreement (PBF Logistics LP), Revolving Credit Agreement (PBF Energy Inc.), Revolving Credit Agreement (PBF Logistics LP)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.9 or 3.04 3.10 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 Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.10 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 3.01(e) 3.10 as though it were a Lender.

Appears in 5 contracts

Samples: Credit Agreement (Chesapeake Midstream Partners, L.P.), Credit Agreement (Access Midstream Partners Lp), Credit Agreement (Chesapeake Energy Corp)

Limitations upon Participant Rights. A Participant shall will not be entitled to receive any greater payment under Section 3.01 or Section 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 Borrowers’ prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall will not be entitled to the benefits of Section 3.01 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 3.01(e) as though it were a Lender.

Appears in 5 contracts

Samples: Ch2m Constructors (Ch2m Hill Companies LTD), Ch2m Constructors (Ch2m Hill Companies LTD), Credit Agreement (Ch2m Hill Companies LTD)

Limitations 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 Holdings’ prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Holdings is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrowerapplicable, to comply with Section 3.01(e11.14(a) as though it were a Lender.

Appears in 5 contracts

Samples: Credit Agreement (APi Group Corp), Credit Agreement (APi Group Corp), Credit Agreement (APi Group Corp)

Limitations 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower and any Designated Borrower, to comply with Section 3.01(e) as though it were a Lender.

Appears in 5 contracts

Samples: Credit Agreement (Cognizant Technology Solutions Corp), Credit and Guarantee Agreement (PayPal Holdings, Inc.), Credit Agreement (PayPal Holdings, Inc.)

Limitations 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply and complies with Section 3.01(e) as though it were a Lender.

Appears in 5 contracts

Samples: Assignment and Assumption, Assignment and Assumption (Plains Gp Holdings Lp), Credit Agreement (Paa Natural Gas Storage Lp)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 3.03 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 Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e) as though it were a Lender.

Appears in 5 contracts

Samples: Credit Agreement (Tortoise Pipeline & Energy Fund, Inc.), Assignment and Assumption (Tortoise MLP Fund, Inc.), Credit Agreement (CSC Holdings Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Sections Section 3.01 3.5 or 3.04 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.7 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 3.01(e3.7(c) as though it were a Lender.

Appears in 5 contracts

Samples: Employment Agreement, Credit Agreement (Cleco Corp), Credit Agreement (Cleco Power LLC)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 3.1 and 3.2 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 Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e3.2(e) as though it were a Lender.

Appears in 5 contracts

Samples: Credit Agreement (Organigram Holdings Inc.), Credit Agreement (Organigram Holdings Inc.), Credit Agreement (Organigram Holdings Inc.)

Limitations 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 Principal Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Principal Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 5 contracts

Samples: Credit Agreement (Highwoods Realty LTD Partnership), Term Loan Agreement (Highwoods Realty LTD Partnership), Credit Agreement (Highwoods Realty LTD Partnership)

Limitations 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. A Participant that would be a Foreign Lender (other than a Canadian Lender) if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Lead Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerLoan Parties, to comply with Section 3.01(e) as though it were a Lender.

Appears in 5 contracts

Samples: Credit Agreement (Rh), Credit Agreement (Restoration Hardware Holdings Inc), Credit Agreement (Restoration Hardware Holdings Inc)

Limitations 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e) as though it were a Lender.

Appears in 5 contracts

Samples: Credit Agreement (Stonemor Partners Lp), Credit Agreement (Colfax CORP), Credit Agreement

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 Sections 3.5 or 3.04 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.7 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 3.01(e3.7(c) as though it were a Lender.

Appears in 5 contracts

Samples: Credit Agreement (Allete Inc), Credit Agreement (Cleco Corp), Credit Agreement (Cleco Power LLC)

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Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section Sections 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Lead Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerLoan Parties, to comply with Section 3.01(e) as though it were a Lender.

Appears in 4 contracts

Samples: Credit Agreement (Rue21, Inc.), Credit Agreement (Tops PT, LLC), Credit Agreement (Rue21, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.6 or 3.04 3.11 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 Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.11 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 3.01(e3.11(d) as though it were a Lender.

Appears in 4 contracts

Samples: Credit Agreement (Tractor Supply Co /De/), Credit Agreement (Apria Healthcare Group Inc), Credit Agreement (Tractor Supply Co /De/)

Limitations 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 BorrowerBorrower Representative’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Representative is notified of the participation sold to such Participant and provided with all information required to be included in the Register and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e3.01(f) as though it were a Lender.

Appears in 4 contracts

Samples: Credit Agreement (American Midstream Partners, LP), Credit Agreement, Credit Agreement (American Midstream Partners, LP)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section Sections 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 Borrowers' prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e) as though it were a Lender.

Appears in 4 contracts

Samples: Credit Agreement (Core Laboratories N V), Credit Agreement (Core Laboratories N V), Credit Agreement (Core Laboratories N V)

Limitations 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 Borrowers’ prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Agent is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 4 contracts

Samples: Credit Agreement (Pacer International Inc), Credit Agreement (Pacer International Inc), Credit Agreement (Pacer International Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 Sections 3.2 and 3.5 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 Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.5 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 3.01(e3.5(e) as though it were a Lender.

Appears in 4 contracts

Samples: Credit Agreement (Mid-Con Energy Partners, LP), Credit Agreement (Mid-Con Energy Partners, LP), Credit Agreement (Mid-Con Energy Partners, LP)

Limitations 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 BorrowerParent’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Parent is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerLoan Parties, to comply with Section 3.01(e) as though it were a Lender.

Appears in 4 contracts

Samples: Credit Agreement (Sally Beauty Holdings, Inc.), Credit Agreement (Sally Beauty Holdings, Inc.), Credit Agreement (Sally Beauty Holdings, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.9, 3.12, 3.13, or 3.04 3.14 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 Foreign Non-U.S. Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.13 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 3.01(e3.13(f) as though it were a Lender.

Appears in 4 contracts

Samples: Term Loan Credit Agreement (PNM Resources Inc), Credit Agreement (Texas New Mexico Power Co), Credit Agreement (Texas New Mexico Power Co)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or Section 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e3.01(f) as though it were a Lender.

Appears in 4 contracts

Samples: Credit Agreement (Amplify Energy Corp.), Credit Agreement (Amplify Energy Corp), Credit Agreement (Amplify Energy Corp)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.01, 3.02 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Lead Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 4 contracts

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

Limitations 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e) as though it were a Lender (it being understood that the documentation required under Section 3.01(e) shall be delivered to the participating Lender).

Appears in 4 contracts

Samples: Security Agreement (Ryman Hospitality Properties, Inc.), Pledge Agreement (Ryman Hospitality Properties, Inc.), Credit Agreement (Ryman Hospitality Properties, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.6, Section 3.7 or 3.04 Section 3.10 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 Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.10 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 3.01(e3.10(b) as though it were a Lender.

Appears in 4 contracts

Samples: Credit Agreement (CVS Caremark Corp), Year Credit Agreement (CVS Caremark Corp), Credit Agreement (CVS Caremark Corp)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 3.9, 3.10 and 3.11 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 Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.10 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 3.01(e) 3.10 as though it were a Lender.

Appears in 4 contracts

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

Limitations 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 BorrowerCompany’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (Wiley John & Sons, Inc.), Credit Agreement (Wiley John & Sons, Inc.), Credit Agreement (Wiley John & Sons, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 Sections 3.5 or 3.04 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.7 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 3.01(e3.7(e) as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (Virtus Investment Partners, Inc.), Credit Agreement (Virtus Investment Partners, Inc.), Security Agreement (Virtus Investment Partners, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section Sections 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e) as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (Piedmont Natural Gas Co Inc), Credit Agreement (Piedmont Natural Gas Co Inc), Assignment and Assumption (Piedmont Natural Gas Co Inc)

Limitations 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified of the participation sold to such Participant and provided with all information required to be included in the Register and such Participant agrees, for the benefit of the Borrower, to comply with Section 3.01(e) as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (Copano Energy, L.L.C.), Credit Agreement (Copano Energy, L.L.C.), Bridge Loan Agreement (Copano Energy, L.L.C.)

Limitations 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 Co-Borrowers’ prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is Co-Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerCo-Borrowers, to comply with Section 3.01(e) as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (Premier, Inc.), Credit Agreement (Verisk Analytics, Inc.), Credit Agreement (Verisk Analytics, Inc.)

Limitations 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the applicable Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the such Borrower, to comply with Section 3.01(e) as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc), Credit Agreement (Ply Gem Holdings Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 Sections 3.12 and 4.1 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 prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.12 unless the Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrower and the Agent, to comply with Section 3.01(e3.12(c) as though it were a Lender.

Appears in 3 contracts

Samples: Term Loan Agreement (Piedmont Office Realty Trust, Inc.), Term Loan Agreement (Piedmont Office Realty Trust, Inc.), Revolving Credit Agreement (Piedmont Office Realty Trust, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 Article III 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 Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.5 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 3.01(e3.5(e) as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (Berry Petroleum Co), Assignment and Assumption (Berry Petroleum Co), Assignment and Assumption (Berry Petroleum Co)

Limitations 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower is notified of the participation sold to such Participant and such Participant agreescomplies, for the benefit of the BorrowerLoan Parties, to comply with Section 3.01(e), (f) or (g), as applicable, as though it were a Lender.

Appears in 3 contracts

Samples: Security Agreement (Quiksilver Inc), Term Loan Agreement (Quiksilver Inc), Credit Agreement (Quiksilver Inc)

Limitations 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 BorrowerCompany’s prior written consent. A Participant participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerCompany, to comply with Section 3.01(e) as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (WEX Inc.), Credit Agreement (WEX Inc.), Credit Agreement (WEX Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 3.02 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 Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e) 10.14 as though it were a Lender.

Appears in 3 contracts

Samples: Restatement Agreement (McClatchy Co), Credit Agreement (McClatchy Co), Credit Agreement (McClatchy Co)

Limitations 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 BorrowerBorrower Agent’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Agent is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e) as though it were a Lender.. (f)

Appears in 3 contracts

Samples: Credit Agreement (Lifecore Biomedical, Inc. \De\), Credit Agreement (Roadrunner Transportation Systems, Inc.), Credit Agreement (Roadrunner Transportation Systems, Inc.)

Limitations 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e) 3.01 as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (Antero Resources Midstream LLC), Option Agreement and Permanent Easement Agreement (Antero Midstream Partners LP), Option Agreement And

Limitations 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 BorrowerUltimate Parent’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless Ultimate Parent and the Borrower is are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section Sections 3.01(e) and 3.01(g) as though it were a Lender.

Appears in 3 contracts

Samples: Assignment and Assumption (Warner Chilcott LTD), Assignment and Assumption (Warner Chilcott LTD), Assignment and Assumption (Warner Chilcott LTD)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.1 or 3.04 3.4 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 consentconsent (not to be unreasonably withheld or delayed). A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.1 unless the Borrower is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerLoan Parties, to comply with Section 3.01(e3.1(e) as though it were a Lender.

Appears in 3 contracts

Samples: Term Loan Credit Agreement (Lands' End, Inc.), Term Loan Credit Agreement (Lands' End, Inc.), Term Loan Credit Agreement (Lands' End, Inc.)

Limitations upon Participant Rights. A Notwithstanding any contrary provision of this Agreement, 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. A Participant that would be a Foreign Lender or a Lender not otherwise exempt from backup withholding and information reporting if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e) as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 Sections 3.5 or 3.04 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.7 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 3.01(e3.7(f) as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (Allete Inc), Term Loan Agreement (Allete Inc), Credit Agreement (Allete Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 3.9, 3.12, 3.13, or 3.04 3.14 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 Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.13 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 3.01(e3.13(e) as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (PNM Resources Inc), Term Loan Agreement (PNM Resources Inc), Credit Agreement (PNM Resources Inc)

Limitations 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 BorrowerBorrower Agent’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e) as though it were a Lender.

Appears in 3 contracts

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

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 Sections 3.10 and 3.11 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 Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 3.11 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 3.01(e3.11(e) as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (Hhgregg, Inc.), Credit Agreement (Hhgregg, Inc.), Revolving Credit Agreement (BlackRock Inc.)

Limitations 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e) 10.15 as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (Enbridge Energy Partners Lp), Credit Agreement (Enbridge Energy Partners Lp), Credit Agreement (Enbridge Energy Partners Lp)

Limitations 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 Company's prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Borrower Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerCompany, to comply with Section 3.01(e) as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement, Credit Agreement (Global Payments Inc), Credit Agreement (Idex Corp /De/)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 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 's prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section SECTION 3.01 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 3.01(eSECTION 3.01(E) as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (Nuco2 Inc /Fl), Credit Agreement (Tupperware Brands Corp), Credit Agreement (Columbus McKinnon Corp)

Limitations 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 's prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 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 3.01(e) as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (Prometheus Laboratories Inc), Credit Agreement (Prometheus Laboratories Inc), Credit Agreement (L 3 Communications Holdings Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.01 or 3.04 III 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 Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 III 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 3.01(e) 10.22 as though it were a Lender.

Appears in 3 contracts

Samples: Security Agreement (Epicor Software Corp), Second Lien Credit Agreement (Kratos Defense & Security Solutions, Inc.), First Lien Credit Agreement (Kratos Defense & Security Solutions, Inc.)

Limitations 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 Parent Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.01 unless the Parent Borrower is notified of the participation sold to such Participant and provided with all information required to be included in the Register and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 3.01(e3.01(f) as though it were a Lender.

Appears in 3 contracts

Samples: Credit Agreement (Tetra Technologies Inc), Credit Agreement (CSI Compressco LP), Credit Agreement (Compressco Partners, L.P.)

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