Hedging With Lenders Clause Samples

Hedging With Lenders. Subject to the hedging restrictions in Section 9.2(g), each Swap Lender may elect to enter into Hedge Agreements with any of the Obligors, and all Lender Swap Obligations shall at all times rank pari passu with the Outstandings; provided that any Lender that enters into a Hedge Agreement in good faith and without actual knowledge of a contravention of the hedging restrictions in Section 9.2(g) shall be entitled to the benefit of any Obligor Guarantee and Security Documents regardless of any contravention of such negative covenant.
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Hedging With Lenders. (a) If a Lender or its Hedging Affiliate makes a Financial Instrument available to the Borrower or a Restricted Subsidiary (so long as the Restricted Subsidiary has provided the security under Article 12) and such Lender or Hedging Affiliate is advised by the Borrower or such Restricted Subsidiary pursuant to Section 2.12(b) and believes, acting reasonably, without any actual notice or knowledge to the contrary, that such Financial Instrument is Permitted Hedging and: (i) if at the time of entering into such Financial Instrument, such Lender believes, acting reasonably, without any actual notice or knowledge to the contrary, that the aggregate Hedge Exposure in respect of all outstanding Financial Instruments, including the Financial Instrument being entered into, does not exceed 25% of the Borrowing Base as at the time of entering into such Financial Instrument, then the Hedging Obligations associated with such Financial Instrument (together with all the Hedging Obligations associated with all other Financial Instruments entered into in accordance with this Section 2.12(a)(i), the "Pari Passu Hedge Obligations") will, subject to Section 12.9, be secured by the Security and rank pari passu with the Obligations; and (ii) if at the time of entering into such Financial Instrument, or as a result thereof, the aggregate Hedge Exposure in respect of all outstanding Financial Instruments, including the Financial Instrument being entered into, exceeds 25% of the Borrowing Base as at the time of entering into such Financial Instrument, the entering into of the Financial Instrument will be permitted hereunder and the Hedging Obligations associated with such Financial Instrument (together with all the Hedging Obligations associated with all other Financial Instruments entered into in accordance with this Section 2.12(a)(ii), the "Subordinated Hedge Obligations") will, subject to Section 12.9, be secured by the Security provided that the Subordinated Hedge Obligations will rank second behind the Obligations and the Pari Passu Hedge Obligations. (b) The Borrower or a Restricted Subsidiary upon entering into a Financial Instrument will forthwith advise the Administrative Agent after entering into any Financial Instrument and provide the Administrative Agent, in reasonable detail, with all relevant information with respect to any such Financial Instrument. The Administrative Agent will maintain a record of all Financial Instruments in respect of which it is provided such...
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Hedging With Lenders. Subject to the security sharing provisions in Section 9.4 and the hedging restrictions in Section 8.2(i), each Swap Lender may elect to enter into Lender Hedge Agreements with the Borrower or any other Borrower Group Obligor, and all Secured Swap Obligations shall at all times be secured by the Security and rank pari passu with the Outstandings; provided that any Lender that enters into a Lender Hedge Agreement in good faith and without actual knowledge of a contravention of the hedging restrictions in Section 8.2(i) shall be entitled to the benefit of the Security (which for certainty is only for Lender Hedge Agreements between a Swap Lender and a Borrower Group Obligor) regardless of any contravention of such negative covenant; and for such purpose, such Lender shall be entitled to conclusively rely upon a representation of the applicable Borrower Group Obligor confirming compliance with such hedging restrictions.
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Related to Hedging With Lenders

  • Hedging Agreements The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Hedging Agreement, other than Hedging Agreements entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed in the conduct of its business or the management of its liabilities.

  • Hedging Arrangements To the extent any Affiliate of a Lender is a party to a Secured Hedging Agreement with the Borrower, such Affiliate of a Lender shall be deemed to appoint the Administrative Agent its nominee and agent, and to act for and on behalf of such Affiliate in connection with the Security Documents and to be bound by this Article IX.

  • Hedge Agreements On each date that any Hedge Agreement is executed by any Hedge Provider, Borrower and each other Loan Party satisfy all eligibility, suitability and other requirements under the Commodity Exchange Act (7 U.S.C. § 1, et seq., as in effect from time to time) and the Commodity Futures Trading Commission regulations.

  • Hedging Agreement Any termination payment shall be due by the Borrower under any Hedging Agreement and such amount is not paid within ten (10) Business Days of the due date thereof.

  • Secured Cash Management Agreements and Secured Hedge Agreements Except as otherwise expressly set forth herein, no Cash Management Bank or Hedge Bank that obtains the benefit of the provisions of Section 8.03, the Guaranty or any Collateral by virtue of the provisions hereof or any Collateral Document shall have any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Loan Document or otherwise in respect of the Collateral (including the release or impairment of any Collateral) (or to notice of or to consent to any amendment, waiver or modification of the provisions hereof or of the Guaranty or any Collateral Document) other than in its capacity as a Lender and, in such case, only to the extent expressly provided in the Loan Documents. Notwithstanding any other provision of this Article IX to the contrary, the Administrative Agent shall not be required to verify the payment of, or that other satisfactory arrangements have been made with respect to, Secured Obligations arising under Secured Cash Management Agreements and Secured Hedge Agreements except to the extent expressly provided herein and unless the Administrative Agent has received a Secured Party Designation Notice of such Secured Obligations, together with such supporting documentation as the Administrative Agent may request, from the applicable Cash Management Bank or Hedge Bank, as the case may be. The Administrative Agent shall not be required to verify the payment of, or that other satisfactory arrangements have been made with respect to, Secured Obligations arising under Secured Cash Management Agreements and Secured Hedge Agreements in the case of a Facility Termination Date.