Common use of Hedging Agreement Clause in Contracts

Hedging Agreement. The Borrower or any other Credit Party shall default in the performance or observance of any terms, covenant, condition or agreement (after giving effect to any applicable grace or cure period) under any Hedging Agreement and such default causes the termination of such Hedging Agreement and the Termination Value owed by such Credit Party as a result thereof exceeds $25,000,000.

Appears in 15 contracts

Samples: Credit Agreement (Corrections Corp of America), Credit Agreement (AbitibiBowater Inc.), Credit Agreement (Corrections Corp of America)

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Hedging Agreement. The U.S. Borrower, the Borrower or any other Credit Party shall default in the performance or observance of any terms, covenant, condition or agreement (after giving effect to any applicable grace or cure period) under any Hedging Agreement and such default causes the termination of such Hedging Agreement and the Termination Value owed by the U.S. Borrower, the Borrower or such other Credit Party as a result thereof exceeds $25,000,000.

Appears in 10 contracts

Samples: Eleventh Amendment and Consent (Bowater Inc), Fourth Amendment (AbitibiBowater Inc.), Credit Agreement (AbitibiBowater Inc.)

Hedging Agreement. The US Borrower or any other Credit Party shall default in the performance or observance of any terms, covenant, condition or agreement (after giving effect to any applicable grace or cure period) under any Hedging Agreement and such default causes the termination of such Hedging Agreement and the Termination Value owed owned by such Credit Party as a result thereof exceeds $25,000,0005,000,000.

Appears in 6 contracts

Samples: Credit Agreement (Pool Corp), Credit Agreement (SCP Pool Corp), Credit Agreement (SCP Pool Corp)

Hedging Agreement. The Any Borrower or any other Credit Party shall default in the performance or observance of any terms, covenant, condition or agreement (after giving effect to any applicable grace or cure period) under any Hedging Agreement and such default causes the termination of such Hedging Agreement and the Termination Value owed by such Credit Party as a result thereof exceeds $25,000,000.

Appears in 5 contracts

Samples: Credit Agreement (Family Dollar Stores Inc), Day Credit Agreement (Family Dollar Stores Inc), Day Credit Agreement (Family Dollar Stores Inc)

Hedging Agreement. The Borrower or any other Credit Party shall default in the performance or observance of any termsterm, covenant, condition or agreement (after giving effect to any applicable grace or cure period) under any Hedging Agreement and such default causes the termination of such Hedging Agreement and the Termination Value owed by such Credit Party as a result thereof exceeds $25,000,000500,000.

Appears in 3 contracts

Samples: Credit Agreement (Lmi Aerospace Inc), Credit Agreement (Lmi Aerospace Inc), Credit Agreement (Lmi Aerospace Inc)

Hedging Agreement. The Any Borrower or any other Credit Party shall default in the performance or observance of any terms, covenant, condition or agreement (after giving effect to any applicable grace or cure period) under any Hedging Agreement and such default causes the termination of such Hedging Agreement and the Termination Value owed by such Credit Party as a result thereof exceeds $25,000,0001,000,000.

Appears in 3 contracts

Samples: Credit Agreement (Broadview Networks Holdings Inc), Credit Agreement (Broadview Networks Holdings Inc), Credit Agreement (Broadview Networks Holdings Inc)

Hedging Agreement. The Borrower or any other Credit Party shall default in the performance or observance of any termsterm, covenant, condition or agreement (after giving effect to any applicable grace or cure period) under any Hedging Agreement and such default causes the termination of such Hedging Agreement and the Termination Value owed by such Credit Party as a result thereof exceeds $25,000,0001,000,000.

Appears in 3 contracts

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

Hedging Agreement. The Borrower or any other Credit Party shall default in the performance or observance of any terms, covenant, condition or agreement (after giving effect to any applicable grace or cure period) under any Hedging Agreement and such default causes the termination of such Hedging Agreement and the Termination Value owed by such Credit Party has failed to pay all amounts due thereunder within five (5) days after the due date thereof (or such longer cure period as a result thereof exceeds $25,000,000provided in such Hedging Agreement).

Appears in 2 contracts

Samples: Credit Agreement (Cross Country Healthcare Inc), Credit Agreement (Cross Country Healthcare Inc)

Hedging Agreement. The Any Borrower or any other Credit Party shall default in the performance or observance of any termsterm, covenant, condition or agreement (after giving effect to any applicable grace or cure period) under any Hedging Agreement and such default causes the termination of such Hedging Agreement and the Termination Value owed by such Credit Party as a result thereof exceeds $25,000,00040,000,000.

Appears in 2 contracts

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

Hedging Agreement. The Borrower or any other Credit Party shall default in the performance or observance of any terms, covenant, condition or agreement (after giving effect to any applicable grace or cure period) under any Hedging Agreement and such default causes the termination of such Hedging Agreement and the Termination Value owed owned by such Credit Party as a result thereof exceeds $25,000,0005,000,000.

Appears in 2 contracts

Samples: Credit Agreement (Tuesday Morning Corp/De), Credit Agreement (Tuesday Morning Corp/De)

Hedging Agreement. The U.S. Borrower, the Borrower or any other Credit Party shall default in the performance or observance of any terms, covenant, condition or agreement (after giving effect to any applicable grace or cure period) under any Hedging Agreement and such default causes the termination of such Hedging Agreement and the Termination Value owed by the U.S. Borrower, the Borrower or such other Credit Party as a result thereof exceeds $25,000,000.. 104

Appears in 2 contracts

Samples: Credit Agreement (Bowater Inc), Credit Agreement (AbitibiBowater Inc.)

Hedging Agreement. The Any Borrower or any other Credit Party shall default in the performance or observance of any termsterm, covenant, condition or agreement (after giving effect to any applicable grace or cure period) under any Hedging Agreement and such default causes the termination of such Hedging Agreement and the Termination Value owed by such Credit Party as a result thereof exceeds $25,000,000.40,000,000. 111

Appears in 1 contract

Samples: Credit Agreement (Blackbaud Inc)

Hedging Agreement. The Borrower or any other Any Credit Party or Restricted Subsidiary thereof shall default in the performance or observance of any termsterm, covenant, condition or agreement (after giving effect to any applicable grace or cure period) under any Hedging Agreement with any Lender or Affiliate of a Lender and such default causes the termination of such Hedging Agreement and the Termination Value owed by such Credit Party Person as a result thereof exceeds $25,000,0002,500,000.

Appears in 1 contract

Samples: Credit Agreement (Cott Corp /Cn/)

Hedging Agreement. The Borrower or any other Credit Party shall default in the performance or observance of any terms, covenant, condition or agreement (after giving effect to any applicable grace or cure period) under any Hedging Agreement and such default causes the termination of such Hedging Agreement and the Termination Value owed by such Credit Party as a result thereof exceeds $25,000,00020,000,000.

Appears in 1 contract

Samples: Credit Agreement (Corrections Corp of America)

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Hedging Agreement. The Borrower or any other Credit Party shall default in the performance or observance of any terms, covenant, condition or agreement (after giving effect to any applicable grace or cure period) under any Hedging Agreement and such default causes the termination of such Hedging Agreement and the Termination Value owed by such Credit Party as a result thereof exceeds $25,000,0001,000,000.

Appears in 1 contract

Samples: Credit Agreement (Globalstar, Inc.)

Hedging Agreement. The Borrower or any other Credit Party shall default in the performance or observance of any terms, covenant, condition or agreement (after giving effect to any applicable grace or cure period) under any Hedging Agreement and such default causes the termination of such Hedging Agreement and the Termination Value owed by such Credit Party as a result thereof exceeds $25,000,0007,500,000.

Appears in 1 contract

Samples: Credit Agreement (PAS, Inc.)

Hedging Agreement. The Borrower or any other Credit Party shall default in the performance or observance of any terms, covenant, condition or agreement (after giving effect to any applicable grace or cure period) under any Hedging Agreement and such default causes the termination of such Hedging Agreement and the Termination Value owed by such Credit Party as a result thereof exceeds $25,000,00015,000,000.

Appears in 1 contract

Samples: Credit Agreement (Corrections Corp of America)

Hedging Agreement. The Borrower or any other Credit Party shall default in the performance or observance of any terms, covenant, condition or agreement (after giving effect to any applicable grace or cure period) under any Hedging Agreement and such default causes the termination of such Hedging Agreement and the Termination Value owed by such Credit Party as a result thereof exceeds $25,000,00010,000,000.

Appears in 1 contract

Samples: Credit Agreement (Restaurant Co)

Hedging Agreement. The Borrower or any other Credit Party shall default in the performance or observance of any termsterm, covenant, condition or agreement (after giving effect to any applicable grace or cure period) under any Hedging Agreement and such default causes the termination of such Hedging Agreement and the Termination Value owed by such Credit Party as a result thereof exceeds $25,000,000.

Appears in 1 contract

Samples: Credit Agreement (Blackbaud Inc)

Hedging Agreement. The Borrower or any other Any Credit Party or Subsidiary thereof shall default in the performance or observance of any terms, covenant, condition or agreement (after giving effect to any applicable grace or cure period) under any Hedging Agreement and such default causes the termination of such Hedging Agreement and the Termination Value owed owned by such Credit Party Person as a result thereof exceeds $25,000,0002,500,000.

Appears in 1 contract

Samples: Credit Agreement (PRA International)

Hedging Agreement. The Borrower or any other Credit Party shall default in the performance or observance of any termsterm, covenant, condition or agreement (after giving effect to any applicable grace or cure period) under any Hedging Agreement and such default causes the termination of such Hedging Agreement and the Termination Value owed by such Credit Party as a result thereof exceeds $25,000,00015,000,000.

Appears in 1 contract

Samples: Credit Agreement (Blackbaud Inc)

Hedging Agreement. The Borrower or any other Credit Party shall default in the performance or observance of any terms, covenant, condition or agreement (after giving effect to any applicable grace or cure period) under any Hedging Agreement and such default causes the termination of such Hedging Agreement and the Termination Value owed by such Credit Party as a result thereof exceeds $25,000,0005,000,000.

Appears in 1 contract

Samples: Credit Agreement (Restaurant Co of Minnesota)

Hedging Agreement. The Borrower or any other Credit Party shall default in the performance or observance of any terms, covenantcovenants, condition or agreement (after giving effect to any applicable grace or cure period) under any Hedging Agreement involving monetary liability of the Borrower or any other Credit Party in an amount in excess of $5,000,000 and such default causes the termination of such Hedging Agreement and the Termination Value owed by or permits any counterparty to such Credit Party as a result thereof exceeds $25,000,000Hedging Agreement to terminate any such Hedging Agreement.

Appears in 1 contract

Samples: Credit Agreement (Global Imaging Systems Inc)

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