DERIVATIVE DOCUMENTS. If Borrower purchases from Bondowner Representative any swap, derivative, foreign exchange or hedge transaction or arrangement (or other similar transaction or arrangement howsoever described or defined) in connection with the Loan, Borrower shall, upon receipt from Bondowner Representative, execute promptly all documents evidencing such transaction, including without limitation, the ISDA Master Agreement, the Schedule to the ISDA Master Agreement and the ISDA Confirmation.
DERIVATIVE DOCUMENTS. On or prior to July 14, 2014, Borrower shall enter into an interest rate swap transaction with Lender or with another counterparty reasonably acceptable to Lender (such transaction, together with all documents and agreements relating thereto, including any ISDA Master Agreement, Schedule and/or Confirmation, together with all modifications, extensions, renewals and replacement thereof, is hereinafter referred to as the “swap contract”) to cover a notional amount of not less than 100% of the outstanding principal amount of the Loan for the full term of the Loan and shall maintain in full force and effect such swap contract for the full term of the Loan.”
DERIVATIVE DOCUMENTS. If required by Lender, Borrower shall execute promptly all documents evidencing an interest rate swap transaction entered into by Borrower and Lender or with another counterparty acceptable to Lender (such transaction, together with all documents and agreements relating thereto, including any ISDA Master Agreement, Schedule and/or Confirmation, together with all modifications, extensions, renewals and replacements thereof, is hereinafter referred to as the “Swap Contract”).
DERIVATIVE DOCUMENTS. Borrower covenants that it will not enter into any Swap Agreement or any other swap, derivative, foreign exchange or hedge transaction or arrangement (or similar transaction or arrangement howsoever described or defined) without Agent’s prior written consent. If Borrower purchases from Lender any swap, derivative, foreign exchange or hedge transaction or arrangement (or other similar transaction or arrangement howsoever described or defined) in connection with the Loan, Borrower shall, upon receipt from Lender, execute promptly all documents evidencing such transaction, including without limitation, the ISDA Master Agreement, the Schedule to the ISDA Master Agreement and the ISDA Confirmation.
DERIVATIVE DOCUMENTS. The following is hereby added to the Loan Agreement as a new Section 9.13:
DERIVATIVE DOCUMENTS. Borrower shall be permitted to enter into a Swap Contract with Xxxxx Fargo or another financial institution approved by Administrative Agent in its sole discretion. If Borrower purchases from Xxxxx Fargo any swap, derivative, foreign exchange or hedge transaction or arrangement (or other similar transaction or arrangement howsoever described or defined) in connection with the Loan, Borrower shall, upon receipt from Administrative Agent, execute promptly all documents evidencing such transaction, including without limitation the ISDA Master Agreement, the Schedule to the ISDA Master Agreement and the ISDA Confirmation.
DERIVATIVE DOCUMENTS. On or before February 28, 2011, Borrowers shall (i) enter into a Hedge Arrangement with a notional amount not less than Forty-Six Million and No/100ths Dollars ($46,000,000.00) and a term of not less than the term of the Loan; and (ii) deliver to Lender all documents evidencing such Hedge Arrangement. Borrowers shall maintain such Hedge Arrangement for so long as any obligation of any Borrower or any Guarantor remains outstanding under any of the Loan Documents. If Borrowers purchase the Hedge Agreement from Lender, (i) Borrowers shall, upon receipt from Lender, execute promptly all documents evidencing such transaction, including without limitation the ISDA Master Agreement, the Schedule to the ISDA Master Agreement and the ISDA Confirmation, and (ii) Lender's interest thereunder shall be secured by the Collateral pari passu to the Loan. If Borrowers purchases the Hedge Agreement from any provider other than Lender, such Hedge Arrangement shall not be secured by the Collateral in any manner whatsoever.
DERIVATIVE DOCUMENTS. Promptly upon request by Lender, Borrower shall enter into an interest rate swap transaction (or an amendment to existing rate swap transaction) with Lender or with another counterparty reasonably acceptable to Lender (such transaction, together with all documents and agreements relating thereto, including any ISDA Master Agreement, Schedule and/or Confirmation, together with all modifications, extensions, renewals and replacement thereof, is hereinafter referred to as the “Swap Contract”) to cover a notional amount of not less than 100%of the outstanding principal amount of the Loan for the full term of the Loan and shall maintain in full force and effect such Swap Contract for the full term of the Loan.
DERIVATIVE DOCUMENTS. Upon receipt from Lender, Borrower shall execute promptly all documents evidencing the Cap Contract.
DERIVATIVE DOCUMENTS. If Borrower purchases from Lender any Swap Agreement at any time in connection with the Loan, Borrower shall, upon receipt from Lender, execute promptly all documents evidencing such transaction, including without limitation, any ISDA Master Agreement, ISDA Schedule and trade confirmation. Borrower may enter into an interest rate swap transaction in connection with the Loan with a counterparty other than Lender, without Lender's approval.
