Hedge Agreements. Neither the Borrower nor any Restricted Subsidiary will enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the Borrower or any Restricted Subsidiary has actual exposure (other than in respect of Equity Interests or Indebtedness of the Borrower or any Restricted Subsidiary) and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower or any Restricted Subsidiary.
Appears in 17 contracts
Samples: Credit and Guaranty Agreement (QualTek Services Inc.), Passu Intercreditor Agreement (Entegris Inc), Counterpart Agreement (Fusion Connect, Inc.)
Hedge Agreements. Neither the The Borrower nor will not, and will not permit any Restricted Subsidiary will of its Subsidiaries to, enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the Borrower or any Restricted Subsidiary has actual exposure (other than those in respect of Equity Interests or Indebtedness of the Borrower or any Restricted Subsidiary) of its Subsidiaries), and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower or any Restricted Subsidiary.
Appears in 4 contracts
Samples: Assignment and Assumption (Cheesecake Factory Inc), Assignment and Assumption (Cheesecake Factory Inc), Assignment and Assumption (Cheesecake Factory Inc)
Hedge Agreements. Neither the Borrower nor any Restricted Subsidiary will enter Enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the Borrower or any Restricted Subsidiary has actual exposure (other than those in respect of Equity Interests Capital Stock or Indebtedness of the Borrower Senior Subordinated Notes or any Restricted SubsidiaryIndebtedness expressly permitted by Section 8.2(f) which refinances such Senior Subordinated Notes) and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower or any Restricted Subsidiary.
Appears in 2 contracts
Samples: Credit Agreement (Itron Inc /Wa/), Credit Agreement (Itron Inc /Wa/)
Hedge Agreements. Neither the Borrower nor Not, and not permit any Restricted Subsidiary will to, enter into any Hedge Agreement, except (a) Hedge Swap Agreements entered into to hedge or mitigate risks to which the Borrower or any Restricted Subsidiary has actual exposure (other than those in respect of Equity Interests or Indebtedness of the Borrower or any Restricted Subsidiary) ), and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower or any Restricted Subsidiary.
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Hedge Agreements. Neither the No Borrower will, nor shall it permit any Restricted Subsidiary will to, enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the Borrower Borrowers or any Restricted Subsidiary has have actual exposure (other than those in respect of Equity Interests or Indebtedness of the Borrower or any Restricted SubsidiaryTerm Loan Debt) which have terms and conditions reasonably acceptable to Lender, and (b) other Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment Debt of the Borrower Borrowers or any Restricted SubsidiarySubsidiary which have terms and conditions reasonably acceptable to Lender.
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