Amendments to Hedging Documents Clause Samples
Amendments to Hedging Documents amend the Intercreditor Agreement by deleting Clause 8.1 and replacing it with the following:
(a) Subject to paragraph (b) below, a Hedging Bank and an Obligor may not, at any time, amend or waive any term of the Hedging Documents to which they are a party.
(b) A Hedging Bank and an Obligor may, by mutual agreement, amend or waive any term of a Hedging Document to which they are a party in accordance with the terms of that Hedging Document if (i) that amendment or waiver does not breach another term of this Deed and (ii) such amendment or waiver would not result in a breach of the terms of any of the Finance Documents.”
Amendments to Hedging Documents. Until the Discharge Date, no Obligor, Hedging Bank or Long Term Hedging Bank shall, except with the prior consent of the Majority Lenders, amend or give any waiver or consent under any provision of any Hedging Document or Long Term Hedging Document which would result in:
(a) any Hedging Document or Long Term Hedging Document ceasing to comply with the requirements of this paragraph 3;
(b) any change to the amount to be paid or scheduled payment dates under any Hedging Document or Long Term Hedging Document;
(c) any Obligor being subject to more onerous obligations as a whole than those contained in the Hedging Documents or Long Term Hedging Documents as originally entered into or obligations which would conflict with any provision of this Agreement;
(d) any Obligor becoming liable to make an additional payment (or increase an existing payment) under any Hedging Document or Long Term Hedging Document; or
(e) the assignment of any of its rights or transfer of any of its rights or obligations under any Hedging Document or Long Term Hedging Document to any person unless and until the Security Agent executes a Hedging Bank Accession Deed or Long Term Hedging Bank Accession Deed (as the case may be) duly completed and signed on behalf of that person, other than any amendment, waiver or consent purely of a technical or administrative nature.
Amendments to Hedging Documents. (a) Until the Final Discharge Date, no Obligor or Hedge Provider shall, except with the prior written consent of the Senior Agent (in each case acting on the instructions of the Majority Lenders respectively) amend or give any waiver or consent under any provision of any Hedging Document which would result in:
(i) any Hedging Agreement ceasing to comply with the requirements of this Clause 4;
(ii) any increase to the amount to be paid or any deferral of any scheduled payment dates under any Hedging Agreement to a date later than the Termination Date under and as defined in the Senior Facilities Agreement;
(iii) any Obligor being subject to more onerous obligations as a whole than those contained in any Hedging Agreement as originally entered into (or as amended in accordance with this Deed) or obligations which would conflict with any provision of this Deed;
(iv) any Obligor becoming liable to make an additional payment (or increase an existing payment) under any Hedging Agreement, other than any liability arising or permitted to arise under the terms of the Hedging Agreement as at the date of this Deed (or as amended in accordance with this Deed); or
(v) the assignment of any of its rights or transfer of any of its rights or obligations under any Hedging Agreement to any person unless and until the Security Agent executes a Creditor Deed of Accession duly completed and signed on behalf of that person, other than any amendment, waiver or consent purely of a technical or administrative nature arising in the ordinary course of administration of the Hedging Agreement.
(b) Subject to paragraph (a)(v) above and the terms of the relevant Hedging Agreement, each Hedge Provider may transfer any of its rights, title and interest in or obligations under any Hedging Agreement:
(i) to any of its Affiliates; or
(ii) with the prior written consent of the Senior Agent (in each case acting on the instructions of the Majority Lenders, such consent not to be unreasonably withheld (provided, for the avoidance of doubt, it should be reasonable to withhold such consent if there are reasonable doubts as to the enforceability of such Hedging Agreement against the transferee), to any third party hedge provider, provided in each case that the transferee had a credit rating equal to, or better than, the transferor Hedge Provider or is guaranteed by an entity with a credit rating equal to or better than the transferor Hedge Provider.
Amendments to Hedging Documents. Until the Senior Facility Discharge Date, no Obligor or Hedging Bank shall, except with the prior consent of the Senior Agent under the Senior Facility Agreement, amend or give any waiver or consent under any provision of any Hedging Document which would result in:
4.3.1 any Hedging Document ceasing to comply with the requirements of this Clause 4; or
4.3.2 the assignment of any of its rights or transfer of any of its rights or obligations under any Hedging Document to any person unless and until the Security Agent executes an Accession Agreement duly completed and signed on behalf of that person, other than any amendment, waiver or consent purely of a technical or administrative nature.
Amendments to Hedging Documents. Until the Senior Discharge Date, no member of the Group that is a party to a Hedging Document or Hedging Bank shall, except with the prior consent of the Majority Senior Lenders, amend or give any waiver or consent under any provision of any Hedging Document which would result in:
(a) any Hedging Document ceasing to comply with the requirements of this Clause 4;
(b) any change to the amount to be paid or scheduled payment dates under any Hedging Document;
(c) any Obligor being subject to more onerous obligations as a whole than those contained in the Hedging Documents as originally entered into or obligations which would conflict with any provision of this Agreement;
(d) any Obligor becoming liable to make an additional payment (or increase an existing payment) under any Hedging Document, other than any liability arising from the original provisions of the Hedging Documents; or
(e) the transfer of rights and/or obligations under the Hedging Documents unless, simultaneously with that transfer, the relevant transferee signs an Accession Deed, other than any amendment, waiver or consent of a technical or administrative nature arising in the ordinary course of administration of the Hedging Documents.
Amendments to Hedging Documents. No Hedge Counterparty or Obligor shall make any amendment to any Hedging Agreement without the written consent of the Administrative Agent, unless the amendment is procedural or administrative and does not prejudice the interests of the Finance Parties under the Finance Documents.