and Section 2. 20 (subject to the requirements and limitations therein, including the requirements in Section 2.19(g) (it being understood that the documentation required under Section 2.19(g) shall be delivered to the participating Lender)) to the same extent as if it were a Lender and had acquired its interest by assignment pursuant to Section 9.06(b); provided that such Participant (A) agrees to be subject to the provisions of Section 2.23 as if it were an assignee under Section 9.06(b); and (B) shall not be entitled to receive any greater payment under Section 2.18 or Section 2.19 with respect to any participation than its participating Lender would have been entitled to receive. Each Lender that sells a participation agrees, at the Borrower’s request and expense, to use reasonable efforts to cooperate with the Borrower to effectuate the provisions of Section 2.23(a) with respect to any Participant. To the extent permitted by law, each Participant also shall be entitled to the benefits of Section 9.07(b) as though it were a Lender; provided that such Participant agrees to be subject to Section 9.07(a) as though it were a Lender. Each Lender that sells a participation shall, acting solely for this purpose as a non-fiduciary agent of the Borrower, maintain a register on which it enters the name and address of each Participant and the principal amounts (and stated interest) of each Participant’s interest in the Loans or other obligations under the Loan Documents (the “Participant Register”); provided that no Lender shall have any obligation to disclose all or any portion of the Participant Register (including the identity of any Participant or any information relating to a Participant’s interest in any commitments, loans, letters of credit or its other obligations under any Loan Document) to any Person except to the extent that such disclosure is necessary to establish that such commitment, loan, letter of credit or other obligation is in registered form under Section 5f.103-1(c) or Proposed Section 1.163-5(b)of the United States Treasury Regulations (or, in each case, any amended or successor version). The entries in the Participant Register shall be conclusive absent manifest error, and such Lender shall treat each Person whose name is recorded in the Participant Register as the owner of such participation for all purposes of this Agreement notwithstanding any notice to the contrary. For the avoidance of doubt, the Administrative Agent (in its capacity as Administrative Agent) shall have no responsibility for maintaining a Participant Register.
Appears in 5 contracts
Sources: Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (B. Riley Financial, Inc.), Credit Agreement (B. Riley Financial, Inc.)
and Section 2. 20 16 (subject to the requirements and limitations therein, including ) with respect to its participation in the requirements in Section 2.19(g) (it being understood that Commitments and the documentation required under Section 2.19(g) shall be delivered Loans outstanding from time to the participating Lender)) to the same extent as if it were a Lender and had acquired its interest by assignment pursuant to Section 9.06(b)time; provided that such Participant (Ai) agrees to be subject to the provisions of Section 2.23 2.17 and Section 2.18 as if it were an assignee under Section 9.06(b); a Lender, and (Bii) shall not be entitled to receive any greater payment under Section 2.18 or Section 2.19 with respect amount pursuant to any participation such Sections than its participating the transferor Lender would have been entitled to receivereceive in respect of the amount of the participation transferred by such transferor Lender to such Participant had no such transfer occurred, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. Each Lender that sells a participation agrees, at the Borrower’s request and expense, to use reasonable efforts to cooperate with the Borrower to effectuate the provisions of Section 2.23(a) 2.17 with respect to any Participant. To the extent permitted by lawLaw, each Participant also shall be entitled to the benefits of Section 9.07(b9.7(b) as though it were a Lender; , provided that such Participant agrees to be subject to Section 9.07(a9.7(a) as though it were a Lender. Each Lender that sells a participation shall, acting solely for this purpose as a non-fiduciary nonfiduciary agent of the Borrower, maintain a register on which it enters the name and address of each Participant and the principal amounts (and stated interest) of each Participant’s interest in the Loans or other obligations under the Loan Documents (the “Participant Register”); provided that no Lender shall have any obligation to disclose all or any portion of the Participant Register (including the identity of any Participant or any information relating to a Participant’s interest in any commitments, loans, letters of credit or its other obligations under any Loan Document) to any Person except to the extent that such disclosure is necessary to establish that such commitment, loan, letter of credit or other obligation is in registered form under Section 5f.103-1(c) or Proposed Section 1.163-5(b)of of the United States Treasury Regulations (or, in each case, any amended or successor version)Regulations. The entries in the Participant Register shall be conclusive absent manifest error, and such Lender shall treat each Person whose name is recorded in the Participant Register as the owner of such participation for all purposes of this Agreement notwithstanding any notice to the contrary. For the avoidance of doubt, the Administrative Agent (in its capacity as Administrative Agent) shall have no responsibility for maintaining a Participant Register.
Appears in 2 contracts
Sources: Credit Agreement (Phillips 66), Credit Agreement (Phillips 66)
and Section 2. 20 14 (subject to the requirements and limitations therein, including the requirements in under Section 2.19(g2.14(f) (it being understood that the documentation required under Section 2.19(g2.14(f) shall be delivered to the participating LenderBank)) to the same extent as if it were a Lender Bank and had acquired its interest by assignment pursuant to Section 9.06(b8.08(a); provided that such Participant (A) agrees to be subject to the provisions of Section 2.23 2.13(e) and Section 2.18 as if it were an assignee under Section 9.06(b)paragraph (b) of this Section; and (B) shall not be entitled to receive any greater payment under Section 2.18 2.13 or Section 2.19 2.14, with respect to any participation participation, than its participating Lender Bank would have been entitled to receive, 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. Each Lender Bank that sells a participation agrees, at the Borrower’s request and expense, to use reasonable efforts to cooperate with the Borrower to effectuate the provisions of Section 2.23(a) 2.18 with respect to any Participant. To the extent permitted by law, each Participant also shall be entitled to the benefits of Section 9.07(b) 8.05 as though it were a Lender; Bank, provided that such Participant agrees to be subject to Section 9.07(a) 2.15 as though it were a LenderBank. Each Lender Bank that sells a participation shall, acting solely for this purpose as a non-fiduciary an agent of the Borrower, maintain a register on which it enters the name and address of each Participant and the principal amounts (and stated interest) of each Participant’s interest in the Loans Advances or other obligations under the Loan Documents (the “Participant Register”); provided that no Lender Bank shall have any obligation to disclose all or any portion of the Participant Register (including the identity of any Participant or any information relating to a Participant’s interest in any commitments, loans, letters of credit or its other obligations under any Loan Document) to any Person except to the extent that such disclosure is necessary to establish that such commitment, loan, letter of credit or other obligation is in registered form under Section 5f.103-1(c) or Proposed Section 1.163-5(b)of of the United States Treasury Regulations (or, in each case, any amended or successor version)Regulations. The entries in the Participant Register shall be conclusive absent manifest error, and such Lender Bank shall treat each Person whose name is recorded in the Participant Register as the owner of such participation for all purposes of this Agreement notwithstanding any notice to the contrary. For the avoidance of doubt, the Administrative Agent (in its capacity as Administrative Agent) shall have no responsibility for maintaining a Participant Register.
Appears in 1 contract
and Section 2. 20 16 (subject to the requirements and limitations therein, including ) with respect to its participation in the requirements in Section 2.19(g) (it being understood that Commitments and the documentation required under Section 2.19(g) shall be delivered Loans outstanding from time to the participating Lender)) to the same extent as if it were a Lender and had acquired its interest by assignment pursuant to Section 9.06(b)time; provided that such Participant (Ai) agrees to be subject to the provisions of Section 2.23 2.17 and Section 2.18 as if it were an assignee under Section 9.06(b); a Lender, and (Bii) shall not be entitled to receive any greater payment under Section 2.18 or Section 2.19 with respect amount pursuant to any participation such Sections than its participating the transferor Lender would have been entitled to receivereceive in respect of the amount of the participation transferred by such transferor Lender to such Participant had no such transfer occurred, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. Each Lender that sells a participation agrees, at the Borrower’s request and expense, to use reasonable efforts to cooperate with the Borrower to effectuate the provisions of Section 2.23(a) 2.17 with respect to any Participant. To the extent permitted by lawLaw, each Participant also shall be entitled to the benefits of Section 9.07(b9.7(b) as though it were a Lender; , provided that such Participant agrees to be subject to Section 9.07(a9.7(a) as though it were a Lender. Each Lender that sells a participation shall, acting solely for this purpose as a non-fiduciary nonfiduciary agent of the Borrower, maintain a register on which it enters the name and address of each Participant and the principal HOU:3943078.7 amounts (and stated interest) of each Participant’s interest in the Loans or other obligations under the Loan Documents (the “Participant Register”); provided that no Lender shall have any obligation to disclose all or any portion of the Participant Register (including the identity of any Participant or any information relating to a Participant’s interest in any commitments, loans, letters of credit loans or its other obligations under any Loan Document) to any Person except to the extent that such disclosure is necessary to establish that such commitment, loan, letter of credit loan or other obligation is in registered form under Section 5f.103-1(c) or Proposed Section 1.163-5(b)of of the United States Treasury Regulations (or, in each case, any amended or successor version)Regulations. The entries in the Participant Register shall be conclusive absent manifest error, and such Lender shall treat each Person whose name is recorded in the Participant Register as the owner of such participation for all purposes of this Agreement notwithstanding any notice to the contrary. For the avoidance of doubt, the Administrative Agent (in its capacity as Administrative Agent) shall have no responsibility for maintaining a Participant Register.
Appears in 1 contract
and Section 2. 20 16 (subject to the requirements and limitations therein, including ) with respect to its participation in the requirements in Section 2.19(g) (it being understood that Commitments and the documentation required under Section 2.19(g) shall be delivered Loans outstanding from time to the participating Lender)) to the same extent as if it were a Lender and had acquired its interest by assignment pursuant to Section 9.06(b)time; provided that such Participant (Ai) agrees to be subject to the provisions of Section 2.23 2.17 and Section 2.18 as if it were an assignee under Section 9.06(b); a Lender, and (Bii) shall not be entitled to receive any greater payment under Section 2.18 or Section 2.19 with respect amount pursuant to any participation such Sections than its participating the transferor Lender would have been entitled to receivereceive in respect of the amount of the participation transferred by such transferor Lender to such Participant had no such transfer occurred, unless the sale of the participation to such Participant is made with the Borrower's prior written consent. Each Lender that sells a participation agrees, at the Borrower’s 's request and expense, to use reasonable efforts to cooperate with the Borrower to effectuate the provisions of Section 2.23(a) 2.17 with respect to any Participant. To the extent permitted by lawLaw, each Participant also shall be entitled to the benefits of Section 9.07(b9.7(b) as though it were a Lender; , provided that such Participant agrees to be subject to Section 9.07(a9.7(a) as though it were a Lender. Each Lender that sells a participation shall, acting solely for this purpose as a non-fiduciary nonfiduciary agent of the Borrower, maintain a register on which it enters the name and address of each Participant and the principal amounts (and stated interest) of each Participant’s 's interest in the Loans or other obligations under the Loan Documents (the “"Participant Register”"); provided that no Lender shall have any obligation to disclose all or any portion of the Participant Register (including the identity of any Participant or any information relating to a Participant’s 's interest in any commitments, loans, letters of credit loans or its other obligations under any Loan Document) to any Person except to the extent that such disclosure is necessary to establish that such commitment, loan, letter of credit loan or other obligation is in registered form under Section 5f.103-1(c) or Proposed Section 1.163-5(b)of of the United States Treasury Regulations (or, in each case, any amended or successor version)Regulations. The entries in the Participant Register shall be conclusive absent manifest error, and such Lender shall treat each Person whose name is recorded in the Participant Register as the owner of such participation for all purposes of this Agreement notwithstanding any notice to the contrary. For the avoidance of doubt, the Administrative Agent (in its capacity as Administrative Agent) shall have no responsibility for maintaining a Participant Register.
Appears in 1 contract
Sources: Credit Agreement (Phillips 66)
and Section 2. 20 16 (subject to the requirements and limitations therein, including ) with respect to its participation in the requirements in Section 2.19(g) (it being understood that Commitments and the documentation required under Section 2.19(g) shall be delivered Loans outstanding from time to the participating Lender)) to the same extent as if it were a Lender and had acquired its interest by assignment pursuant to Section 9.06(b)time; provided that such Participant (Ai) agrees to be subject to the provisions of Section 2.23 2.17 and Section 2.18 as if it were an assignee under Section 9.06(b); a Lender, and (Bii) shall not be entitled to receive any greater payment under Section 2.18 or Section 2.19 with respect amount pursuant to any participation such Sections than its participating the transferor Lender would have been entitled to receivereceive in respect of the amount of the participation transferred by such transferor Lender to such Participant had no such transfer occurred, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. Each Lender that sells a participation agrees, at the Borrower’s request and expense, to use reasonable efforts to cooperate with the Borrower to effectuate the provisions of Section 2.23(a) 2.17 with respect to any Participant. To the extent permitted by lawLaw, each Participant also shall be entitled to the benefits of Section 9.07(b9.7(b) as though it were a Lender; , provided that such Participant agrees to be subject to Section 9.07(a9.7(a) as though it were a Lender. Each Lender that sells a participation shall, acting solely for this purpose as a non-fiduciary nonfiduciary agent of the Borrower, maintain a register on which it enters the name and address of each Participant and the principal amounts (and stated interest) of each Participant’s interest in the Loans or other obligations under the Loan Documents (the “Participant Register”); provided that no Lender shall have any obligation to disclose all or any portion of the Participant Register (including the identity of any Participant or any information relating to a Participant’s interest in any commitments, loans, letters of credit or its other obligations under any Loan Document) to any Person except to the extent that such disclosure is necessary to establish that such commitment, loan, letter of credit or other obligation is in registered form under Section 5f.103-1(c) or Proposed Section 1.163-5(b)of of the United States Treasury Regulations (or, in each case, any amended or successor version)Regulations. The entries in the Participant Register shall be conclusive absent manifest error, and such Lender shall treat each Person whose name is recorded in the Participant Register as the owner of such participation for all purposes of this Agreement 72 notwithstanding any notice to the contrary. For the avoidance of doubt, the Administrative Agent (in its capacity as Administrative Agent) shall have no responsibility for maintaining a Participant Register.
Appears in 1 contract
Sources: Credit Agreement (Phillips 66)
and Section 2. 20 (subject to the requirements and limitations therein, including the requirements in Section 2.19(g) (it being understood that the documentation required under Section 2.19(g) shall be delivered to the participating Lender)) to the same extent as if it were a Lender and had acquired its interest by assignment pursuant to Section 9.06(b); provided that such Participant (A) agrees to be subject to the provisions of Section 2.23 as if it were an assignee under Section 9.06(b); and (B) shall not be entitled to receive any greater payment under Section 2.18 or Section 2.19 with respect to any participation than its participating Lender would have been entitled to receive. Each Lender that sells a participation agrees, at the Borrower’s request and expense, to use reasonable efforts to cooperate with the Borrower to effectuate the provisions of Section 2.23(a) with respect to any Participant. To the extent permitted by law, each Participant also shall be entitled to the US-DOCS\156469512.3 benefits of Section 9.07(b) as though it were a Lender; provided that such Participant agrees to be subject to Section 9.07(a) as though it were a Lender. Each Lender that sells a participation shall, acting solely for this purpose as a non-fiduciary agent of the Borrower, maintain a register on which it enters the name and address of each Participant and the principal amounts (and stated interest) of each Participant’s interest in the Loans or other obligations under the Loan Documents (the “Participant Register”); provided that no Lender shall have any obligation to disclose all or any portion of the Participant Register (including the identity of any Participant or any information relating to a Participant’s interest in any commitments, loans, letters of credit or its other obligations under any Loan Document) to any Person except to the extent that such disclosure is necessary to establish that such commitment, loan, letter of credit or other obligation is in registered form under Section 5f.103-1(c) or Proposed Section 1.163-5(b)of the United States Treasury Regulations (or, in each case, any amended or successor version). The entries in the Participant Register shall be conclusive absent manifest error, and such Lender shall treat each Person whose name is recorded in the Participant Register as the owner of such participation for all purposes of this Agreement notwithstanding any notice to the contrary. For the avoidance of doubt, the Administrative Agent (in its capacity as Administrative Agent) shall have no responsibility for maintaining a Participant Register.
Appears in 1 contract
and Section 2. 20 16 (subject to the requirements and limitations therein, including ) with respect to its participation in the requirements in Section 2.19(g) (it being understood that Commitments and the documentation required under Section 2.19(g) shall be delivered Loans outstanding from time to the participating Lender)) to the same extent as if it were a Lender and had acquired its interest by assignment pursuant to Section 9.06(b)time; provided that such Participant (Ai) agrees to be subject to the provisions of Section 2.23 2.17 and Section 2.18 as if it were an assignee under Section 9.06(b); a Lender, and (Bii) shall not be entitled to receive any greater payment under Section 2.18 or Section 2.19 with respect amount pursuant to any participation such Sections than its participating the transferor Lender would have been entitled to receivereceive in respect of the amount of the participation transferred by such transferor Lender to such Participant had no such transfer occurred, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. Each Lender that sells a participation agrees, at the Borrower’s request and expense, to use reasonable efforts to cooperate with the Borrower to effectuate the provisions of Section 2.23(a) 2.17 with respect to any Participant. To the extent permitted by lawLaw, each Participant also shall be entitled to the benefits of Section 9.07(b9.7(b) as though it were a Lender; , provided that such Participant agrees to be subject to Section 9.07(a9.7(a) as though it were a Lender. Each Lender that sells a participation shall, acting solely for this purpose as a non-fiduciary an agent of the Borrower, maintain a register on which it enters the name and address of each Participant and the principal amounts (and stated interest) of each Participant’s interest in the Loans or other obligations under the Loan Documents (the “Participant Register”); provided that no Lender shall have any obligation to disclose all or any portion of the Participant Register (including the identity of any Participant or any information relating to a Participant’s interest in any commitments, loans, letters of credit loans or its other obligations under any Loan Document) to any Person except to the extent that such disclosure is necessary to establish that such commitment, loan, letter of credit loan or other obligation is in registered form under Section 5f.103-1(c) or Proposed Section 1.163-5(b)of of the United States Treasury Regulations (or, in each case, any amended or successor version)Regulations. The entries in the Participant Register shall be conclusive absent manifest error, and such Lender shall treat each Person whose name is recorded in the Participant Register as the owner of such participation for all purposes of this Agreement notwithstanding any notice to the contrary. For the avoidance of doubt, the Administrative Agent (in its capacity as Administrative Agent) shall have no responsibility for maintaining a Participant Register.
Appears in 1 contract
Sources: Term Loan Agreement (Phillips 66)
and Section 2. 20 15 (subject to the requirements and limitations therein, including ) with respect to its participation in the requirements in Section 2.19(g) (it being understood that the documentation required under Section 2.19(g) shall be delivered Loans outstanding from time to the participating Lender)) to the same extent as if it were a Lender and had acquired its interest by assignment pursuant to Section 9.06(b)time; provided that such Participant (Ai) agrees to be subject to the provisions of Section 2.23 2.16 and Section 2.17 as if it were an assignee under Section 9.06(b); a Lender, and (Bii) shall not be entitled to receive any greater payment under Section 2.18 or Section 2.19 with respect amount pursuant to any participation such Sections than its participating the transferor Lender would have been entitled to receivereceive in respect of the amount of the participation transferred by such transferor Lender to such Participant had no such transfer occurred, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. Each Lender that sells a participation agrees, at the Borrower’s request and expense, to use reasonable efforts to cooperate with the Borrower to effectuate the provisions of Section 2.23(a) 2.16 with respect to any Participant. To the extent permitted by lawLaw, each Participant also shall be entitled to the benefits of Section 9.07(b9.7(b) as though it were a Lender; , provided that such Participant agrees to be subject to Section 9.07(a9.7(a) as though it were a Lender. Each Lender that sells a participation shall, acting solely for this purpose as a non-fiduciary nonfiduciary agent of the Borrower, maintain a register on which it enters the name and address of each Participant and the principal amounts (and stated interest) of each Participant’s interest in the Loans or other obligations under the Loan Documents (the “Participant Register”); provided that no Lender shall have any obligation to disclose all or any portion of the Participant Register (including the identity of any Participant or any information relating to a Participant’s interest in any commitments, loans, letters of credit loans or its other obligations under any Loan Document) to any Person except to the extent that such disclosure is necessary to establish that such commitment, loan, letter of credit loan or other obligation is in registered form under Section 5f.103-1(c) or Proposed Section 1.163-5(b)of of the United States Treasury Regulations (or, in each case, any amended or successor version)Regulations. The entries in the Participant Register shall be conclusive absent manifest error, and such Lender shall treat each Person whose name is recorded in the Participant Register as the owner of such participation for all purposes of this Agreement notwithstanding any notice to the contrary. For the avoidance of doubt, the Administrative Agent (in its capacity as Administrative Agent) shall have no responsibility for maintaining a Participant Register.
Appears in 1 contract
and Section 2. 20 16 (subject to the requirements and limitations therein, including ) with respect to its participation in the requirements in Section 2.19(g) (it being understood that Commitments and the documentation required under Section 2.19(g) shall be delivered Loans outstanding from time to the participating Lender)) to the same extent as if it were a Lender and had acquired its interest by assignment pursuant to Section 9.06(b)time; provided that such Participant (Ai) agrees to be subject to the provisions of Section 2.23 2.17 and Section 2.18 as if it were an assignee under Section 9.06(b); a Lender, and (Bii) shall not be entitled to receive any greater payment under Section 2.18 or Section 2.19 with respect amount pursuant to any participation such Sections than its participating the transferor Lender would have been entitled to receivereceive in respect of the amount of the participation transferred by such transferor Lender to such Participant had no such transfer occurred, unless the sale of the participation to such Participant is made with the Borrower’s prior written consent. Each Lender that sells a participation agrees, at the Borrower’s request and expense, to use reasonable efforts to cooperate with the Borrower to effectuate the provisions of Section 2.23(a) 2.17 with respect to any Participant. To the extent permitted by lawLaw, each Participant also shall be entitled to the benefits of Section 9.07(b9.7(b) as though it were a Lender; , provided that such Participant agrees to be subject to Section 9.07(a9.7(a) as though it were a Lender. Each Lender that sells a participation shall, acting solely for this purpose as a non-fiduciary nonfiduciary agent of the Borrower, maintain a register on which it enters the name and address of each Participant and the principal amounts (and stated interest) of each Participant’s interest in the Loans or other obligations under the Loan Documents (the “Participant Register”); provided that no Lender shall have any obligation to disclose all or any portion of the Participant Register (including the identity of any Participant or any information relating to a Participant’s interest in any commitments, loans, letters of credit loans or its other obligations under any Loan Document) to any Person except to the extent that such disclosure is necessary to establish that such commitment, loan, letter of credit loan or other obligation is in registered form under Section 5f.103-1(c) or Proposed Section 1.163-5(b)of of the United States Treasury Regulations (or, in each case, any amended or successor version)Regulations. The entries in the Participant Register shall be conclusive absent manifest error, and such Lender shall treat each Person whose name is recorded in the Participant Register as the owner of such participation for all purposes of this Agreement notwithstanding any notice to the contrary. For the avoidance of doubt, the Administrative Agent (in its capacity as Administrative Agent) shall have no responsibility for maintaining a Participant Register.
Appears in 1 contract
Sources: Credit Agreement (Phillips 66)
and Section 2. 20 14 (subject to the requirements and limitations therein, including the requirements in under Section 2.19(g2.14(g) (it being understood that the documentation required under Section 2.19(g2.14(g) shall be delivered to the participating LenderBank)) to the same extent as if it were a Lender Bank and had acquired its interest by assignment pursuant to Section 9.06(b8.08(a); provided that such Participant (A) agrees to be subject to the provisions of Section 2.23 2.13(e) and Section 2.18 as if it were an assignee under Section 9.06(b)paragraph (b) of this Section; and (B) shall not be entitled to receive any greater payment under Section 2.18 2.13 or Section 2.19 2.14, with respect to any participation participation, than its participating Lender Bank would have been entitled to receive, 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. Each Lender Bank that sells a participation agrees, at the Borrower’s 's request and expense, to use reasonable efforts to cooperate with the Borrower to effectuate the provisions of Section 2.23(a) 2.18 with respect to any Participant. To the extent permitted by law, each Participant also shall be entitled to the benefits of Section 9.07(b) 8.05 as though it were a Lender; Bank, provided that such Participant agrees to be subject to Section 9.07(a) 2.15 as though it were a LenderBank. Each Lender Bank that sells a participation shall, acting solely for this purpose as a non-fiduciary agent of the Borrower, maintain a register on which it enters the name and address of each Participant and the principal amounts (and stated interest) of each Participant’s 's interest in the Loans Advances or other obligations under the Loan Documents (the “"Participant Register”"); provided that no Lender Bank shall have any obligation to disclose all or any portion of the Participant Register (including the identity of any Participant or any information relating to a Participant’s 's interest in any commitments, loans, letters of credit or its other obligations under any Loan Document) to any Person except to the extent that such disclosure is necessary to establish that such commitment, loan, letter of credit or other obligation is in registered form under Section 5f.103-1(c) or Proposed Section 1.163-5(b)of of the United States Treasury Regulations (or, in each case, any amended or successor version)Regulations. The entries in the Participant Register shall be conclusive absent manifest error, and such Lender Bank shall treat each Person whose name is recorded in the Participant Register as the owner of such participation for all purposes of this Agreement notwithstanding any notice to the contrary. For the avoidance of doubt, the Administrative Agent (in its capacity as Administrative Agent) shall have no responsibility for maintaining a Participant Register.
Appears in 1 contract