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These excerpts taken from the FL 10-K filed Mar 30, 2009. "Participant" shall mean a Nonemployee Director of the Company who is eligible to
participate herein.
(23) "Participant" shall mean a Nonemployee Director of the Company who is eligible to participate herein. (23) "Participant" shall mean a Nonemployee Director of the Company who is eligible to participate herein. (23) This excerpt taken from the FL 8-K filed May 21, 2008. Participant”)
participating interests in its Commitment or any or all of its Loans or all
or any part of its LC Exposure. If any Bank grants a participating interest
to a Participant, whether or not upon notice to any of the Borrowers or the
Administrative Agent, such Bank shall remain responsible for the performance
of its obligations hereunder, such Bank shall remain the holder of its Loans
or LC Exposure, as the case may be, and the Borrowers and the Administrative
Agent shall continue to deal solely and directly with such Bank in connection
with such Bank’s rights and obligations under this Agreement. Any agreement
pursuant to which any Bank may grant such a participating interest shall provide
that such Bank shall retain the sole right and responsibility to enforce the
obligations of the Borrowers hereunder including, without limitation,
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the right to approve any amendment, modification or waiver of any provision of this Agreement; provided that such participation agreement may provide that such Bank will not agree to any modification, amendment or waiver of this Agreement described in clause (i), (ii), (iii), (iv) or (v) of Section 9.05(a) or clause (i) or (ii) of Section 9.05(b) without the consent of the Participant. Each Borrower agrees that each Participant shall, to the extent provided in its participation agreement, be entitled to the benefits of Article 8 with respect to its participating interest. An assignment or other transfer which is not permitted by subsection (c) or (d) below shall be given effect for purposes of this Agreement only to the extent of a participating interest granted in accordance with this subsection (b). (c) Any Bank may, in the ordinary course of its business and in accordance with applicable law, at any time assign to one or more banks or other institutions (each an “ This excerpt taken from the FL 8-K filed Jun 5, 2007. Participant” shall mean an officer or other employee of the Company who is, pursuant to Section 4 of the
Plan, selected to participate herein, or a Nonemployee Director.
(cc) “ This excerpt taken from the FL 8-K filed Feb 18, 2005. "Participant" shall mean a Nonemployee Director of the Company who is eligible to participate herein.
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