Secured Hedge Agreements. No Hedge Bank that obtains the benefits of Section 8.03, any Guaranty or any Collateral by virtue of the provisions hereof or of any Guaranty 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) 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, none of the Administrative Agent or the Collateral Agent shall be required to verify the payment of, or that other satisfactory arrangements have been made with respect to, First Lien Obligations arising under Secured Hedge Agreements unless the Administrative Agent and the Collateral Agent have received written notice of such First Lien Obligations, together with such supporting documentation as the Administrative Agent or the Collateral may request, from the applicable Hedge Bank.
Secured Hedge Agreements. No Hedge Bank that obtains the benefit of Section 8.03 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 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, Obligations arising under Secured Hedge Agreements except to the extent expressly provided herein and unless the Administrative Agent has received a Secured Party Designation Notice of such Obligations, together with such supporting documentation as the Administrative Agent may request, from the applicable Hedge Bank. The Administrative Agent shall not be required to verify the payment of, or that other satisfactory arrangements have been made with respect to, Obligations arising under Secured Hedge Agreements in the case of the termination of the Commitments and payment in full of all Obligations (other than contingent indemnification obligations) arising under the Loan Documents.
Secured Hedge Agreements. Enter into any Secured Hedge Agreements unless reasonably satisfactory to, and approved by, the Administrative Agent.
Secured Hedge Agreements. No Hedge Bank that obtains the benefits of Section 8.03, any Guaranty or any Collateral by virtue of the provisions hereof or of any Guaranty 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) 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, Obligations arising under Secured Hedge Agreements unless the Administrative Agent has received written notice of such Obligations, together with such supporting documentation as the Administrative Agent may request, from the applicable Hedge Bank.
Secured Hedge Agreements. If at any time prior to the fourth anniversary of the Closing Date, the Eurodollar Rate (as calculated without giving effect to the Eurodollar Rate Floor) exceeds 1.50% for 30 consecutive days, then, at the request of the Administrative Agent, within 60 days of the last day of such 30-day period, the Borrower will enter into interest rate Swap Contracts designed to protect the Borrower against fluctuations in interest rates, such that, through December 21, 2015, at least 50% of the outstanding Indebtedness for borrowed money of Holdings and its Subsidiaries is either (a) subject to such interest rate Swap Contracts or (b) fixed-rate Indebtedness.
Secured Hedge Agreements. No Hedge Bank that obtains the benefits of Section 8.03 or any Collateral by virtue of the provisions hereof or the Pledge Agreement 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) 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, Obligations arising under Secured Hedge Agreements unless the Administrative Agent has received written notice of such Obligations, together with such supporting documentation as the Administrative Agent may request, from the applicable Hedge Bank.
Secured Hedge Agreements. Except as otherwise expressly set forth herein or in any Guaranty or any Collateral Document, no Hedge Bank that obtains the benefits of Section 8.03, any Guaranty or any Collateral by virtue of the provisions hereof or of any Guaranty 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) 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 Cash Management Agreements or Secured Hedge Agreements unless the Administrative Agent has received written notice of such Secured Obligations, together with such supporting documentation as the Administrative Agent may request, from the applicable Hedge Bank. The Lenders and the Hxxxx Xxxxx hereby authorize the Administrative Agent to enter into any Intercreditor Agreement or other intercreditor agreement or arrangement (including any subordination agreement or arrangement) permitted under this Agreement, and any amendment, modification, supplement or joinder with respect thereto, and the Lenders and the Hedge Banks acknowledge that any such intercreditor agreement is binding upon the Lenders and Hedge Banks.
Secured Hedge Agreements. In connection with the purchase option described in this Section 10.23, (w) no selling Revolving Lender shall be obligated to transfer pursuant to this Agreement, and the Term Lenders shall not be required to acquire (from any selling Revolving Lender) pursuant to this Agreement, any Obligations in respect of Secured Hedge Agreements; (x) all amounts owing to the selling Revolving Lenders and their respective Affiliates in respect of Obligations under Secured Hedge Agreements accrued through the latest date that the applicable selling Revolving Lender or its Affiliates was a Lender under this Agreement shall remain secured by the Collateral and the Administrative Agent hereby agrees that it will, or will cause any successor Administrative Agent appointed pursuant to this Agreement to, act as collateral agent for such selling Revolving Lender or its Affiliates in respect of such Obligations under Secured Hedge Agreements; (y) each Term Lender agrees in favor of each selling Revolving Lender and its Affiliates that it will not vote as a Lender in favor of any modification to this Agreement or the other Loan Documents that would in any way subordinate the priority of the Liens granted in and to the Collateral under this Agreement or the other Loan Documents in respect of Obligations under Secured Hedge Agreements or amend or otherwise modify this Agreement or any other Loan Document in a manner which would adversely affect the priority of application of proceeds of Collateral to the payment of any portion of the Obligations under Secured Hedge Agreements; and (z) without duplication of cash collateral otherwise provided, each Secured Party and its Affiliates shall be entitled to payment in respect of all such Obligations under Secured Hedge Agreements in accordance with the applicable provisions of this Agreement.
Secured Hedge Agreements. Except as otherwise expressly set forth herein or in any Collateral Document, no Hedge Bank that obtains the benefits of Section 8.03, any Collateral by virtue of the provisions hereof or of any Collateral by virtue of the provisions hereof or of 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) 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, Obligations arising under Secured Hedge Agreements unless the Administrative Agent has received written notice of such Obligations, together with such supporting documentation as the Administrative Agent may request, from the applicable Hedge Bank. No Swap Counterparty shall have any rights, remedies or benefits under this Agreement.
Secured Hedge Agreements. In connection with any Secured Hedge Agreement executed after the date hereof, the applicable Secured Hedge Bank shall provide notice to Administrative Agent of the same, including a fully executed copy of such Secured Hedge Agreement, within ten (10) Business Days after such execution.
