Secured Hedging Agreements. Except as otherwise expressly set forth herein or in any Guarantee or any Security Document, no Secured Hedge Provider that obtains the benefits of Section 8.03, any Guarantee or any Collateral by virtue of the provisions hereof or of any Guarantee or any Security 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 X to the contrary, no Agent shall be required to verify the payment of, or that other satisfactory arrangements have been made with respect to, Hedging Obligations owing to Secured Hedge Providers unless such Agent has received written notice of such Obligations, together with such supporting documentation as such Agent may request, from the applicable Secured Hedge Provider.
Secured Hedging Agreements. In addition to the foregoing, no amendment shall be made to any Credit Document without the consent of each counterparty to a Secured Hedging Agreement affected thereby if the effect thereof would be to exclude the Obligations evidenced by a Secured Hedging Agreement from the collateral security and other benefits of such Credit Document (it being understood that any release of Liens shall be permitted to be effectuated by Agent, Required Lenders or all Lenders (together with the consent of any counterparty to a Secured Hedging Agreement, if required), as applicable, in accordance with the terms of this Agreement).
Secured Hedging Agreements. No Secured Party (other than the Administrative Agent) that obtains the benefit of this Pledge Agreement shall have any right to notice of any action or to consent to, direct or object to any action hereunder 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 Pledge Agreement to the contrary, the Administrative Agent shall only be required to verify the payment of, or that other satisfactory arrangement have been made with respect to, the Secured Obligations arising under Secured Hedge Agreements to the extent the Administrative Agent has received written notice of such Obligations, together with such supporting documentation as it may request, from the applicable Hedge Bank. Each Secured Party not a party to the Credit Agreement that obtains the benefit of this Pledge Agreement shall be deemed to have acknowledged and accepted the appointment of the Administrative Agent pursuant to the terms of the Credit Agreement, and that with respect to the actions and omissions of the Administrative Agent hereunder or otherwise relating hereto that do or may affect such Secured Party, the Administrative Agent and each of its Related Parties shall be entitled to all the rights, benefits and immunities conferred under Article IX of the Credit Agreement.
Secured Hedging Agreements. Set forth on Schedule 3.24 is a complete and accurate list, in reasonable detail, of the Secured Hedging Agreements existing as of the Effective Date.
Secured Hedging Agreements. Except as otherwise expressly set forth herein, no Secured Hedge Counterparty that obtains the benefit of the provisions of Section 8.3 or any Collateral by virtue of the provisions hereof or any Security 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 Credit 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 any Security Document) other than in its capacity as a Lender and, in such case, only to the extent expressly provided in the Credit Documents. Notwithstanding any other provision of this Article 9 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 Hedging 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 Secured Hedge Counterparty. 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 Hedging Agreements upon the occurrence of both the termination of the Aggregate Commitments and payment in full of all Obligations (other than contingent indemnification obligations).
Secured Hedging Agreements. (i) The Obligor shall not, and shall not permit any of its Subsidiaries to, enter into any Secured Hedging Agreement (other than the Hedging Agreements) granting a security interest (irrespective of the priority thereof) on any asset or property that constitutes collateral for the obligations of the Obligor under any of the Related Documents.
Secured Hedging Agreements. No Hedging Agreement Provider that obtains the benefits of Sections 2.11 and 7.2, 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 Credit 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 Credit Documents. The Administrative Agent shall not be required to verify the payment of, or that other satisfactory arrangements have been made with respect to, Credit Party Obligations arising under Secured Hedging Agreements unless the Administrative Agent has received written notice of such Credit Party Obligations, together with such supporting documentation as the Administrative Agent may request, from the applicable Hedging Agreement Provider.
Secured Hedging Agreements. The Company may from time to time designate obligations of any Lien Grantor under any Hedging Agreement (as defined in the Revolving Credit Agreement) as Hedging Secured Obligations by delivering to the Collateral Agents (a) a certificate signed by a Financial Officer in substantially the form set forth in Schedule 11 that (i) certifies that the relevant Secured Hedging Agreements have been entered into in compliance with the requirements of the Secured Agreements, (ii) identifies such Secured Hedging Agreements, specifies the name and address of the Secured Hedge Counterparty and describes the maturity, expiration or termination date of the relevant Secured Hedging Obligations, and (iii) states that the Lien Grantors obligations thereunder are designated as Secured Obligations for purposes hereof and (b) a Secured Hedging Supplement hereto with respect to such Secured Hedge Counterparty.
Secured Hedging Agreements. The term “Collateral” shall include any security granted under any Secured Hedging Agreement and any rights of the Obligors thereunder only for purposes of this Section 2.
Secured Hedging Agreements. On or prior to the date on which Exide U.S. or any other U.S. ABL Borrower shall enter into any Interest Rate Protection Agreement or Other Hedging Agreement with one or more Lenders or any affiliate thereof, or within 30 days after the entering into of the respective such agreement, Exide U.S. shall, if it wishes that the respective Interest Rate Protection Agreement or Other Hedging Agreement be secured pursuant to the U.S. Security Documents, notify the Administrative Agent in writing whether such Secured Hedging Agreement is to be (x) equally and ratably secured with the ABL Obligations of the U.S. ABL Borrowers (a “Pari Passu ABL Hedging Agreement”) or (y) equally and ratably secured with the TL Obligations of the U.S. Borrower (a “Pari Passu TL Hedging Agreement”), in each case pursuant to the U.S. Security Documents and in accordance with the Guaranty and Security Principles. If Exide U.S. shall fail to deliver such notice within the time period described above, such Interest Rate Protection Agreement or Other Hedging Agreement shall not be secured pursuant to the U.S. Security Documents, and shall not constitute a Secured Hedging Agreement (as defined in the respective U.S. Security Documents) for purposes thereof. The parties hereto understand and agree that the provisions of this Section 13.30 are made for the benefit of the Lenders and their affiliates which become parties to Secured Hedging Agreements, and agree that any amendments or modifications to the provisions of this Section 13.30 shall not be effective with respect to any Secured Hedging Agreement entered into prior to the date of respective amendment or modification of this Section 13.30 (without the written consent of the relevant parties thereto which become Secured Creditors in accordance with this Section 13.30).
