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 3.7, 3.8 or 3.12(d) 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 3.12(d) unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 11.22 as though it were a Lender.

Appears in 2 contracts

Samples: Additional Credit Agreement (Harrahs Entertainment Inc), Credit Agreement (Harrahs Entertainment Inc)

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Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7Sections 3.12., 3.8 or 3.12(d) 4.1. and 4.4. than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.12(d) 3.12. unless the Company 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 11.22 3.12.(c) as though it were a Lender.

Appears in 2 contracts

Samples: Credit Agreement (Sl Green Realty Corp), Credit Agreement (Reckson Operating Partnership Lp)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7, 3.8 or 3.12(d) 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 '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 3.12(d) 3.10. unless the Company 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 11.22 3.10.(c) as though it were a Lender.

Appears in 2 contracts

Samples: Credit Agreement (CBL & Associates Properties Inc), Credit Agreement (CBL & Associates Properties Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7, 3.8 or 3.12(d) Sections 3.14. 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 3.12(d) 3.14. unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers and the Agent, to comply with Section 11.22 3.14.(c) as though it were a Lender.

Appears in 2 contracts

Samples: Security Agreement (Morgans Hotel Group Co.), Credit Agreement; And Waiver Agreement (Morgans Hotel Group Co.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7Sections 3.12., 3.8 or 3.12(d) 4.1., and 4.4. than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.12(d) 3.12. unless the Company 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 11.22 3.12.(c) as though it were a Lender.

Appears in 2 contracts

Samples: Security Agreement (Ashford Hospitality Trust Inc), Pledge Agreement (Ashford Hospitality Trust Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7, 3.8 3.01 or 3.12(d) 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’sOperating Partnership’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 3.12(d) 3.01 unless the Company BorrowerOperating Partnership is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowerBorrowers , to comply with Section 11.22 3.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Sun Communities Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7, 3.8 3.01 or 3.12(d) 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 subject to the provisions of clause (B) of Section 3.01(e)(ii) if it were a Lender shall not be entitled to the benefits of Section 3.12(d) 3.01 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agreescomplies, for the benefit of the Borrower, to comply with Section 11.22 3.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Duff & Phelps Corp)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7Sections 3.12., 3.8 or 3.12(d) 4.1. and 4.4. than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.12(d) 3.12. unless the Company is notified of Borrower 100 consents to the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrower and the Administrative Agent, to comply with Section 11.22 3.12.(c) as though it were a Lender.

Appears in 1 contract

Samples: Assignment and Acceptance Agreement (CubeSmart, L.P.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7, 3.8 or 3.12(d) 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 3.12(d) 3.10. unless the Company 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 11.22 3.10.(g) as though it were a Lender.

Appears in 1 contract

Samples: Term Loan Agreement (CBL & Associates Properties Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7Subsections 1.11, 3.8 or 3.12(d) 1.13 and 1.14 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 3.12(d) Subsection 1.13 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 11.22 Subsection 1.13(B) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Citizens Communications Co)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7, 3.8 3.1 or 3.12(d) Section 3.4 than the applicable Lender would have been entitled to receive with respect to the participation sold or grated to such Participant, unless the sale or grant of the participation containing a provision of greater entitlements to such Participant is were made with the Borrower’s prior written consentconsent or 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 3.12(d) unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 11.22 3.1 as though if it were a Lender.were

Appears in 1 contract

Samples: Credit Agreement (Core Molding Technologies Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.73.9, 3.8 3.12, 3.13, or 3.12(d) 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 Non-U.S. Lender if it were a Lender shall not be entitled to the benefits of Section 3.12(d) 3.13 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 11.22 3.13(f) as though it were a Lender.

Appears in 1 contract

Samples: Term Loan Credit Agreement (PNM Resources Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.73.9, 3.8 3.13, or 3.12(d) 3.14 than the applicable Lender would have been entitled to receive with respect to the participation sold to such 104 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 3.12(d) 3.13 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 11.22 3.13(g) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Public Service Co of New Mexico)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.73.01, 3.8 3.04 or 3.12(d) 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 137 Alliant Techsystems Inc. Credit Agreement Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.12(d) 3.01 unless the Company 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 11.22 3.06(b) and (c) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Alliant Techsystems Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7Sections 3.12., 3.8 or 3.12(d) 4.1. and 4.4. than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.12(d) 3.12. unless the Company is notified of Borrower consents to the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrower and the Administrative Agent, to comply with Section 11.22 3.12.(c) as though it were a Lender.. ​

Appears in 1 contract

Samples: Credit Agreement (CubeSmart, L.P.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7, 3.8 or 3.12(d) Sections 3.11 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 3.12(d) 3.11 unless the Company 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 11.22 3.11(c) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Ps Business Parks Inc/Ca)

Limitations upon Participant Rights. A Notwithstanding anything in Section 11.06(d)(ii) to the contrary, a Participant shall not be entitled to receive any greater payment under Section 3.7, 3.8 3.01 or 3.12(d) 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 3.12(d) 3.01 unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 11.22 3.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (COMMERCIAL METALS Co)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7Section3.9, 3.8 3.12, 3.13, or 3.12(d) 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 3.12(d) 3.13 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 11.22 3.13(f) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (PNM Resources Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7, 3.8 3.01 or 3.12(d) 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 3.12(d) unless the Company is notified of the participation sold to such Participant and 3.01 if such Participant agrees, for the benefit of the Borrower, to comply with Section 11.22 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 1 contract

Samples: Bridge Facility Agreement (Post Holdings, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.73.9, 3.8 3.12, 3.13, or 3.12(d) 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 3.12(d) 3.13 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 11.22 3.13(g) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Public Service Co of New Mexico)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7, 3.8 or 3.12(d) Sections 3.12. 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 3.12(d) 3.12. unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers and the Agent, to comply with Section 11.22 3.12.(c) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Morgans Hotel Group Co.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.73.6, 3.8 Section 3.7 or 3.12(d) 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 3.12(d) 3.10 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 11.22 3.10(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (CVS Caremark Corp)

Limitations upon Participant Rights. A Notwithstanding anything in Section 11.06(d)(ii) to the contrary, a Participant shall not be entitled to receive any greater payment under Section 3.7, 3.8 3.01 or 3.12(d) 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 3.12(d) 3.01 unless the Company is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 11.22 3.01(e) as though it were a Lender.. (f)

Appears in 1 contract

Samples: Credit Agreement (COMMERCIAL METALS Co)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7, 3.8 or 3.12(d) 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 '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 3.12(d) 3.10 unless the Company 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 11.22 3.10(c) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Healthcare Trust of America, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7, 3.8 3.6 or 3.12(d) 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 '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 3.12(d) 3.11 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 11.22 3.11(d) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Tractor Supply Co /De/)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7, 3.8 III.A or 3.12(d) III.D 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 3.12(d) III.A unless the Company 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 11.22 III.A(v) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Coldwater Creek Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7, 3.8 3.1 or 3.12(d) 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 3.12(d) 3.1 unless the Company 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 11.22 3.1(e) as though it were a Lender.

Appears in 1 contract

Samples: Term Loan Credit Agreement (Galaxy Gaming, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7Sections 3.12., 3.8 or 3.12(d) 4.1. and 4.4. than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.12(d) 3.12. unless the Company 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 11.22 3.12. (c) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Sl Green Realty Corp)

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Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7Sections 3.12., 3.8 or 3.12(d) 5.1. and 5.4. 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 3.12(d) 3.12. unless the Company is notified of Borrower consents to the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrower and the Agent, to comply with Section 11.22 3.12.(c) as though it were a Lender.

Appears in 1 contract

Samples: Assignment and Acceptance Agreement (U-Store-It Trust)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.73.01, 3.8 3.04 or 3.12(d) 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 Parent 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 3.12(d) 3.01 unless the Company is Borrowers are notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with be subject to the provisions of Section 11.22 3.06(b) and (c) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Vista Outdoor Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.73.9, 3.8 3.12, 3.13, or 3.12(d) 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 3.12(d) 3.13 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 11.22 3.13(f) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (PNM Resources Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7Sections 3.9, 3.8 3.11, 3.12, 3.13 or 3.12(d) 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 3.12(d) 3.13 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 11.22 3.13(f) as though it were a Lender.

Appears in 1 contract

Samples: Lease (Public Service Co of New Mexico)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7, 3.8 3.9 or 3.12(d) than 3.11than 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 that is not a United States person under Section 7701(a)(30) of the Code if it were a Lender shall not be entitled to the benefits of Section 3.12(d) 3.11 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 11.22 3.11(d) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Amn Healthcare Services Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7, 3.8 or 3.12(d) Sections 3.10. and 4.3. 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. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.12(d) 3.10. unless the Company 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 11.22 3.10.(c) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Apple REIT Ten, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7, 3.8 3(a) or 3.12(d3(d) 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 3.12(d3(a) unless the Company 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 11.22 3(a)(E) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Sportsman's Warehouse Holdings, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7, 3.8 3.1 or 3.12(d) Section 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 's and each Subsidiary Obligor'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 3.12(d) 3.1 unless the Company Borrower and each Subsidiary Obligor is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrower and each Subsidiary Obligor, to comply with Section 11.22 3.1(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Odyssey Re Holdings Corp)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7Sections 2.33(c), 3.8 or 3.12(d) 2.34, 2.35 and 2.36 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 3.12(d) 2.36 unless the Company Lead Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Lead Borrower, to comply with Section 11.22 2.36(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Amedisys Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7, 3.8 or 3.12(d) Sections 3.11 and 4.1 than the applicable Lender would have been entitled to receive with respect to the participation sold to such Participant, unless such entitlement to receive a greater payment results from a Regulatory Change that occurs after the Participant acquired the applicable participation or 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 3.12(d) 3.11 unless the Company 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 11.22 3.11(g) as though it were a Lender.

Appears in 1 contract

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

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7, 3.8 or 3.12(dSections 3.3(c) and 4.1(d) 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 is organized under the laws of jurisdiction outside the United States shall not be entitled to the benefits of Section 3.12(d4.1(d) unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 11.22 4.1(d) and 11.14 as though it were a Lender.

Appears in 1 contract

Samples: Loan Agreement (Carrols Restaurant Group, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7, 3.8 or 3.12(d) Sections 3.11. 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 consentconsent and the Borrower has expressly agreed to make any such greater payment. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.12(d) 3.11. unless the Company 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 11.22 3.11.(c) as though it were a Lender.

Appears in 1 contract

Samples: Term Loan Agreement (Realty Income Corp)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7, 3.8 or 3.12(d) Sections 3.13. 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 MG 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 3.12(d) 3.13. unless the Company MG Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers and the Agent, to comply with Section 11.22 3.13.(c) as though it were a Lender.. 105

Appears in 1 contract

Samples: Security Agreement (Morgans Hotel Group Co.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7Sections 2.10, 3.8 or 3.12(d) 2.12, 10.3 and 10.5 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 's prior written consent. A Participant that would be is organized under the laws of a Foreign Lender if it were a Lender jurisdiction outside the United States shall not be entitled to the benefits of Section 3.12(d) 10.3 unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 11.22 10.5(e) as though it were a Lender.

Appears in 1 contract

Samples: Loan Agreement (Gray Television Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7Sections 3.8, 3.8 or 3.12(d3.9 (excluding 3.9(e)), 3.13(d) and 11.3(b) 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 3.12(dSections 3.13(d) or 11.3(b) unless the Company Borrower is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the Borrower, to comply with Section 11.22 11.21 as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Station Casinos Inc)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7, 3.8 3.01 or 3.12(d) 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, which consent shall constitute the express waiver by the Borrowers of the foregoing limitation. A Participant that would be a Foreign Lender if it were a Lender shall not be entitled to the benefits of Section 3.12(d) 3.01 unless the Company Parent is notified of the participation sold to such Participant and such Participant agrees, for the benefit of the BorrowerBorrowers, to comply with Section 11.22 3.01(e) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (Cal Dive International, Inc.)

Limitations upon Participant Rights. A Participant shall not be entitled to receive any greater payment under Section 3.7, 3.8 or 3.12(d) 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 3.12(d) 3.10 unless the Company 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 11.22 3.10.(c) as though it were a Lender.

Appears in 1 contract

Samples: Credit Agreement (CapLease, Inc.)

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