Common use of Speculative Transactions Clause in Contracts

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactions.

Appears in 127 contracts

Samples: Credit Agreement (Trinity Place Holdings Inc.), Stock Purchase Agreement (Trinity Place Holdings Inc.), Credit Agreement (Trinity Place Holdings Inc.)

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Speculative Transactions. Engage, or permit any of its Restricted Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactions.

Appears in 14 contracts

Samples: Credit Agreement (Easterly Government Properties, Inc.), Term Loan Agreement (Easterly Government Properties, Inc.), Term Loan Agreement (Easterly Government Properties, Inc.)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving Swap Contracts, including commodity options or futures contracts or any similar contracts, which are speculative transactionsin nature and not in the ordinary course of business.

Appears in 13 contracts

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

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactionstransactions with the exception of the Hedge Agreements permitted under Section 5.02(b)(i)(A) this Agreement.

Appears in 8 contracts

Samples: Credit Agreement (Cracker Barrel Old Country Store, Inc), Credit Agreement (Cracker Barrel Old Country Store, Inc), Credit Agreement (Cracker Barrel Old Country Store, Inc)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options interest rate, commodity, hedge, currency or futures contracts future contract or any similar speculative transactionstransaction, except for hedge transactions for the sole purpose of risk management of fluctuations in interest rates, exchange rates and commodity prices in the normal course of business and consistent with industry practice.

Appears in 7 contracts

Samples: Senior Secured Term Facility Credit Agreement (Chemtura CORP), Senior Secured Revolving Facility Credit Agreement (Chemtura CORP), Credit Agreement (Chemtura CORP)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving Hedge Agreements, including commodity options or futures contracts or any similar contracts, which are speculative transactionsin nature.

Appears in 6 contracts

Samples: Term Loan Credit Agreement (Vista Outdoor Inc.), Revolving Credit Agreement (Vista Outdoor Inc.), Revolving Credit Agreement (Vista Outdoor Inc.)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactionstransactions or any other derivative transaction not entered into to hedge against interest rate fluctuations in the ordinary course of business.

Appears in 5 contracts

Samples: Credit Agreement (Campus Crest Communities, Inc.), Credit Agreement (Campus Crest Communities, Inc.), Credit Agreement (Campus Crest Communities, Inc.)

Speculative Transactions. Engage, or permit any of its ------------------------ Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactions.

Appears in 5 contracts

Samples: Credit Agreement (CFW Communications Co), Credit Agreement (Fox Television Stations Inc /De/), Credit Agreement (Fox Kids Worldwide Inc)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactions, which are, in any case, inconsistent with prior practice and not otherwise made in the ordinary course of business.

Appears in 5 contracts

Samples: Credit Agreement (Genpact LTD), Credit Agreement (Tupperware Brands Corp), Credit Agreement (Genpact LTD)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactionstransactions except for Hedge Agreements permitted under Section 5.02(b)(i)(B).

Appears in 4 contracts

Samples: Credit Agreement (Amf Group Inc), Credit Agreement (Amf Bowling Inc), Credit Agreement (Amf Bowling Inc)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar Hedge Agreements except in the ordinary course of business and not for speculative transactionspurposes.

Appears in 4 contracts

Samples: Credit Agreement (Western Digital Corp), Bridge Credit Agreement (Intuit Inc), Credit Agreement (Western Digital Corp)

Speculative Transactions. Engage, or permit any of its Restricted Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactionstransactions for speculative purposes.

Appears in 3 contracts

Samples: Credit Agreement (Amkor Technology Inc), Credit Agreement (Amkor Technology Inc), Credit Agreement (Amkor Technology Inc)

Speculative Transactions. Engage, or permit any of its Material Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar Hedge Agreements except in the ordinary course of business and not for speculative transactionspurposes.

Appears in 3 contracts

Samples: Credit Agreement (Western Digital Corp), Credit Agreement (Western Digital Corp), Credit Agreement (Western Digital Corp)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactionstransactions (including, without limitation, take-or-pay contracts) solely for speculative purposes or other than for the purpose of hedging risks associated with the businesses of the Company and its Subsidiaries in the ordinary course of such businesses.

Appears in 3 contracts

Samples: Credit Agreement (Chemtura CORP), Credit Agreement (Chemtura CORP), Credit Agreement (Chemtura CORP)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactionstransactions (including, without limitation, take-or-pay contracts), except for Hedge Agreements permitted under Section 5.02(b).

Appears in 3 contracts

Samples: Credit Agreement (Shoneys Inc), Credit Agreement (Central Tractor Farm & Country Inc), Credit Agreement (Central Tractor Farm & Country Inc)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactionstransactions except to hedge the exposure of the Borrower or its Subsidiaries to the underlying commodity, interest rate or foreign currency.

Appears in 3 contracts

Samples: Bridge Credit Agreement (Beckman Coulter Inc), Credit Agreement (Beckman Coulter Inc), Credit Agreement (Beckman Coulter Inc)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar other type of Hedge Agreement which is speculative transactionsin nature (including, without limitation, with respect to the term and purpose thereof).

Appears in 2 contracts

Samples: Credit Agreement (Caremark Rx Inc), Credit Agreement (Caremark Rx Inc)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar transactions entered into solely for speculative transactionspurposes, other than any Permitted Trading Activity.

Appears in 2 contracts

Samples: Credit Agreement (US Power Generating CO), Credit Agreement (US Power Generating CO)

Speculative Transactions. Engage, or permit any of its Restricted Subsidiaries to engage, in enter into any transaction involving commodity options or futures contracts (other than for xxxxxx in connection with the business of the Borrower or the Restricted Subsidiaries) or any similar speculative transactions.

Appears in 2 contracts

Samples: Credit Agreement (Cablevision Systems Corp /Ny), Credit Agreement (CSC Holdings Inc)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactionstransactions or enter into any Hedge Agreement except as permitted under Section 5.02(b)(vii).

Appears in 2 contracts

Samples: Term Facility Credit Agreement (World Color Press Inc.), Credit Agreement (World Color Press Inc.)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts (other than the Power Purchase Agreement, the Gas Sales Agreement and the Unsecured Hedge Agreements) or any similar speculative transactionstransactions (including, without limitation, take-or-pay contracts).

Appears in 2 contracts

Samples: First Lien Credit Agreement (U S Energy Systems Inc), Second Lien Credit Agreement (U S Energy Systems Inc)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactions, other than hedging arrangements entered into in the ordinary course of business consistent with past practices.

Appears in 2 contracts

Samples: Credit Agreement (Crowley Newco CORP), Credit Agreement (Crowley Maritime Corp)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactionstransactions other than transactions engaged in the ordinary course of business of the Borrower or any such Subsidiary, as the case may be, and reasonably related to the Borrower’s and its Subsidiaries’ permitted lines of business.

Appears in 2 contracts

Samples: First Lien Credit Agreement (Landrys Restaurants Inc), Second Lien Credit Agreement (Landrys Restaurants Inc)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactionstransactions except (i) to hedge the exposure of the Borrower or its Subsidiaries to the underlying commodity, interest rate, foreign currency or (ii) with respect to any transaction or agreement pursuant to which the Borrower is entitled to effect settlement of its obligations thereunder by delivery of shares of its common stock.

Appears in 2 contracts

Samples: Credit Agreement (Beckman Coulter Inc), Credit Agreement (Beckman Coulter Inc)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactionstransactions other than bona fide nonspeculative hedging transactions entered into in the ordinary course of business.

Appears in 2 contracts

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

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactionstransactions other than in the ordinary course of business.

Appears in 2 contracts

Samples: Credit Agreement (Medcath Corp), Credit Agreement (Medcath Corp)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactionstransactions (including, without limitation, take-or-pay contracts, except for Hedge Agreements permitted under Section 5.02(b).

Appears in 2 contracts

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

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts for speculative purposes or any similar speculative transactions.

Appears in 2 contracts

Samples: Provisions and Intercreditor Agreement (Us Industries Inc /De), General Provisions and Intercreditor Agreement (Us Industries Inc /De)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactionstransactions (including, without limitation, take-or-pay contracts), except for Hedge Agreements required under Section 5.01(p).

Appears in 2 contracts

Samples: Credit Agreement (Quality Stores Inc), Credit Agreement (Quality Stores Inc)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or derivatives or any similar speculative transactions.

Appears in 2 contracts

Samples: Credit Agreement (Columbus McKinnon Corp), Credit Agreement (Mediabay Inc)

Speculative Transactions. Engage, or permit any of its Restricted Subsidiaries to engage, in any transaction involving commodity options or futures contracts for speculative purposes or any similar speculative transactions, which are inconsistent with prior practice and not otherwise made in the ordinary course of business.

Appears in 2 contracts

Samples: Credit Agreement (Metrologic Instruments Inc), Credit Agreement (Metrologic Instruments Inc)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactionstransactions other than those incurred in the ordinary course of business and consistent with past practice.

Appears in 1 contract

Samples: Credit Agreement (WHX Corp)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving that (i) is speculative and does not hedge or mitigate business risks of the Borrower or its Subsidiaries consistent with prudent business practice or (ii) involves commodity options or futures contracts or any similar speculative transactionstake-or-pay contracts.

Appears in 1 contract

Samples: Credit Agreement (Computer Associates International Inc)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactions.. 80

Appears in 1 contract

Samples: Credit Agreement (Summit Hotel OP, LP)

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Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactions.transactions except for Hedge Agreements permitted under Section 5.02(b)(ii). 77

Appears in 1 contract

Samples: Credit Agreement (Beckman Instruments Inc)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactionstransactions other than Hedge Agreements permitted pursuant to Section 6.02(b)(i)(B).

Appears in 1 contract

Samples: Credit Agreement (Smart & Final Inc/De)

Speculative Transactions. Engage, Engage or permit any of its Subsidiaries to engage, engage in any transaction involving commodity options or futures contracts or any similar speculative transactions.

Appears in 1 contract

Samples: Credit Agreement (Ndchealth Corp)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar if such transaction is entered into for speculative transactionspurposes and not solely to hedge risk.

Appears in 1 contract

Samples: Credit Agreement (Pacificare Health Systems Inc /De/)

Speculative Transactions. Engage, or permit any of its ------------------------ Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactionstransactions other than Hedge Agreements permitted under Section 5.02(b).

Appears in 1 contract

Samples: Credit Agreement (Ipc Information Systems Inc)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any speculative transaction involving commodity options or futures contracts or any similar speculative transactions.

Appears in 1 contract

Samples: Credit Agreement (Advance Paradigm Inc)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactions, which are, in any case, not otherwise made in the ordinary course of business.

Appears in 1 contract

Samples: Credit Agreement (Encore Medical Corp)

Speculative Transactions. Engage, or permit any of its -------------------------- Subsidiaries to engage, in any transaction involving commodity options or futures contracts or derivatives or any similar speculative transactions, except for Bank Hedge Agreements.

Appears in 1 contract

Samples: Credit Agreement (Unidigital Inc)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactionstransactions other than in any event transactions entered into in the ordinary course of business consistent with past practice.

Appears in 1 contract

Samples: Credit Agreement (Steel Dynamics Inc)

Speculative Transactions. Engage, or permit any of its Restricted Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactions, except for take or pay contracts entered in the ordinary course of business and consistent with past practices.

Appears in 1 contract

Samples: Credit Agreement (Headwaters Inc)

Speculative Transactions. Engage, or permit any of its ------------------------ Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactionstransactions other than hedge agreements permitted pursuant to Section 28.3(b)(i)(B).

Appears in 1 contract

Samples: Lease Agreement (Smart & Final Inc/De)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options interest rate, commodity, hedge, currency or futures contracts future contract or any similar speculative transactions.transaction,

Appears in 1 contract

Samples: Credit Agreement (Chemtura CORP)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactionstransactions including, without limitation, take-or-pay contracts.

Appears in 1 contract

Samples: Security Agreement (Med E America Corp)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactionstransactions (including, without limitation, take-or-pay contracts).

Appears in 1 contract

Samples: Credit Agreement (Afa Products Inc)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any speculative transaction involving commodity options or futures contracts or any similar speculative transactions, which are, in any case, inconsistent with prior practice and not otherwise made in the ordinary course of business.

Appears in 1 contract

Samples: Credit Agreement (Rayovac Corp)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving Hedge Agreements, including commodity options or futures contracts or any similar contracts, which are speculative transactionsin nature and not in the ordinary course of business.

Appears in 1 contract

Samples: Credit Agreement (Orbital Atk, Inc.)

Speculative Transactions. Engage, or permit any of its the Restricted Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactions.

Appears in 1 contract

Samples: Common Agreement (Digicel Group LTD)

Speculative Transactions. Engage, or permit any of its ------------------------ Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactionstransactions other than Hedge Agreements permitted pursuant to Section 6.02(b)(i)(B).

Appears in 1 contract

Samples: Credit Agreement (Smart & Final Inc/De)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactions, including, without limitation, entering into any Forward Sale Agreement.

Appears in 1 contract

Samples: Credit Agreement (Sunstone Hotel Investors, Inc.)

Speculative Transactions. Engage, or permit any of its Subsidiaries to ------------------------ engage, in any transaction involving commodity options or futures contracts or any similar speculative transactionstransactions (including, without limitation, take-or-pay contracts).

Appears in 1 contract

Samples: Credit Agreement (PHP Healthcare Corp)

Speculative Transactions. Engage, or permit any of its Subsidiaries to engage, in any transaction involving commodity options or futures contracts or any similar speculative transactionstransactions (including, without limitation, take-or-pay contracts) except for Hedge Agreements permitted under Section 5.02(b)(i)(C).

Appears in 1 contract

Samples: Credit Agreement (Fitness Holdings Inc)

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