Common use of Swap Agreements Clause in Contracts

Swap Agreements. No Loan Party will, nor will it permit any Restricted Subsidiary to, enter into any Swap Agreement, except (a) Swap Agreements entered into to hedge or mitigate risks (including foreign currency exchange risks) to which the Borrower or any Restricted Subsidiary has actual or reasonably anticipated exposure (other than those in respect of Equity Interests of the Borrower or any of its Restricted Subsidiaries), (b) Swap 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 and (c) any Permitted Equity Derivatives.

Swap Agreements. No Borrowers will not, and will not permit any other Loan Party will, nor will it permit any Restricted Subsidiary or its Subsidiaries to, enter into any Swap Agreement, except (a) Swap Agreements entered into to hedge or mitigate risks (including foreign currency exchange risks) to which the Borrower any Loan Party or any Restricted Subsidiary its Subsidiaries has actual or reasonably anticipated exposure (other than those in respect of Equity Interests Capital Stock of the Borrower any Loan Party or any of its Restricted Subsidiaries), and (b) Swap Agreements entered into in order to effectively cap, cap or collar interest rates with respect to any interest-bearing liability of the Loan Party or its Subsidiaries or to 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 Loan Party or any Restricted Subsidiary and (c) any Permitted Equity Derivativesits Subsidiaries.

Swap Agreements. No Loan Party will, nor will it permit any Restricted Subsidiary to, enter into any Swap Agreement, Agreement or any speculative transaction except (a) Swap Agreements entered into to hedge or mitigate risks (including foreign currency exchange risks) to which the Borrower or any Restricted Subsidiary has actual or reasonably anticipated exposure (other than those in respect of Equity Interests of the Borrower or any of its Restricted Subsidiaries), and (b) Swap 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 and (c) any Permitted Equity DerivativesSubsidiary, in each case for the sole purpose of hedging in the ordinary course of business.

Swap Agreements. No Loan Party will, nor will it permit any of its Restricted Subsidiary Subsidiaries to, enter into any Swap Agreement, except (a) Swap Agreements entered into to hedge or mitigate risks (including foreign currency exchange risks) to which the any Borrower or any Restricted Subsidiary has actual or reasonably anticipated exposure (other than those in respect of Equity Interests of the any Borrower or any of its Restricted Subsidiaries), and (b) Swap 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 any Borrower or any Restricted Subsidiary and (c) any Permitted Equity DerivativesSubsidiary.

Swap Agreements. No Loan Party Neither Holdings nor the Borrower will, nor will it they permit any Restricted Subsidiary to, enter into any Swap Agreement, except (a) Swap Agreements entered into to hedge or mitigate risks (including foreign currency exchange risks) to which the Borrower or any Restricted Subsidiary has actual or reasonably anticipated exposure (other than those in respect of Equity Interests shares of capital stock or other equity ownership interests of the Borrower or any of its Restricted SubsidiariesSubsidiary), and not for speculative purposes, and (b) Swap 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) ), and not for speculative purposes, with respect to any interest-bearing liability or investment of the Borrower or any Restricted Subsidiary and (c) any Permitted Equity DerivativesSubsidiary.

Swap Agreements. No Loan Party will, nor will it permit any Restricted Subsidiary to, enter into any Swap Agreement, except (a) Swap Agreements entered into to hedge or mitigate risks (including foreign currency exchange risks) to which the Borrower or any Restricted Subsidiary has actual or reasonably anticipated exposure (other than those in respect of Equity Interests of the Borrower or any of its Restricted Subsidiaries), ) and (b) Swap 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 and (c) any Permitted Equity DerivativesSubsidiary.

Swap Agreements. No Parent and the Borrowers will not, and will not permit any other Loan Party will, nor will it permit any Restricted Subsidiary or its Subsidiaries to, enter into any Swap Agreement, except (a) Swap Agreements entered into to hedge or mitigate risks (including foreign currency exchange risks) to which the Borrower any Loan Party or any Restricted Subsidiary its Subsidiaries has actual or reasonably anticipated exposure (other than those in respect of Equity Interests Capital Stock of the Borrower any Loan Party or any of its Restricted Subsidiaries), and (b) Swap Agreements entered into in order to effectively cap, cap or collar interest rates with respect to any interest-bearing liability of the Loan Party or its Subsidiaries or to 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 Loan Party or any Restricted Subsidiary and (c) any Permitted Equity Derivativesits Subsidiaries.

Swap Agreements. No Loan Party will, nor will it permit any Restricted Subsidiary to, enter into any Swap Agreement, except (a) Swap Agreements entered into to hedge or mitigate risks (including foreign currency exchange risks) to which the Borrower or any Restricted Subsidiary has actual or reasonably anticipated exposure (other than those in respect of Equity Interests of the Borrower or any of its Restricted SubsidiariesSubsidiary), and (b) Swap Agreements entered into in order to effectively cap, collar or exchange interest rates (from floating to 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 and (c) any Permitted Equity DerivativesSubsidiary.

Swap Agreements. No Loan Party willThe Borrower will not, nor will it permit any of its Restricted Subsidiary Subsidiaries to, enter into or maintain any Swap Agreement, except (a) the Existing Swap Agreements and Swap Agreements entered into in the ordinary course of business with Approved Counterparties and not for speculative purposes to (a) hedge or mitigate Crude Oil and Natural Gas price risks (including foreign currency exchange risks) to which the Borrower or any Restricted Subsidiary has actual or reasonably anticipated exposure (other than those in respect of Equity Interests of the Borrower or any of its Restricted Subsidiaries), and (b) Swap 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 and (c) any Permitted Equity DerivativesCredit Party.

Swap Agreements. No Loan Party will, nor will it permit any Restricted Subsidiary of its subsidiaries to, enter into any Swap Agreement, except (a) Swap Agreements entered into to hedge or mitigate risks (including foreign currency exchange risks) to which the Parent Borrower or any Restricted Subsidiary has actual are subject or reasonably anticipated exposure the management of the liabilities of the Parent Borrower or any Subsidiary and not for speculative purposes (other than those in respect of Equity Interests of the Parent Borrower or any of its Restricted SubsidiariesSubsidiary), and (b) Swap 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 Parent Borrower or any Restricted Subsidiary and (c) any Permitted Equity DerivativesSubsidiary.

Swap Agreements. No Loan Party will, nor will it permit any Restricted Subsidiary of its Subsidiaries to, enter into any Swap Agreement, except (a) Swap Agreements entered into to hedge or mitigate risks (including foreign currency exchange risks) to which the a Borrower or any Restricted a Subsidiary has actual or reasonably anticipated exposure (other than those as opposed to fluctuations in respect the value of the Equity Interests or Indebtedness of the Borrower Loan Parties or any of its Restricted Subsidiaries), Subsidiary) and (b) Swap 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 liability, Indebtedness or investment of the a Borrower or any Restricted Subsidiary and (c) any Permitted Equity DerivativesSubsidiary.

Swap Agreements. No Loan Party will, nor will it permit any of its Restricted Subsidiary Subsidiaries to, enter into any Swap Agreement, except (a) Swap Agreements entered into in the ordinary course of business to hedge or mitigate risks (including foreign currency exchange risks) to which the Borrower Company or any Restricted Subsidiary has actual or reasonably anticipated exposure (other than those in respect of Equity Interests of the Borrower Company or any of its Restricted Subsidiaries), ) and (b) Swap 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 Company or any Restricted Subsidiary and (c) any Permitted Equity DerivativesSubsidiary.

Swap Agreements. No The Loan Parties will not, and will not permit any Subsidiary of any Loan Party will, nor will it permit any Restricted Subsidiary to, enter into any Swap Agreement, except (a) Swap Agreements entered into to hedge or mitigate risks (including foreign currency exchange risks) to which the Borrower any Loan Party or any Restricted Subsidiary its Subsidiaries has actual or reasonably anticipated exposure (other than those in respect of Equity Interests Capital Stock of the Borrower any Loan Party or any of its Restricted Subsidiaries), and (b) Swap Agreements entered into in order to effectively cap, cap or collar interest rates with respect to any interest-bearing liability of the Loan Party or its Subsidiaries or to 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 Loan Party or any Restricted Subsidiary and (c) any Permitted Equity Derivativesits Subsidiaries.

Swap Agreements. No Borrowers will not, and will not permit any other Loan Party will, nor will it permit any Restricted Subsidiary or its Subsidiaries to, enter into any Swap Agreement, except (a) Swap Agreements entered into to hedge or mitigate risks (including foreign currency exchange risks) to which the Borrower any Loan Party or any Restricted Subsidiary its Subsidiaries has actual or reasonably anticipated exposure (other than those in respect of Equity Interests Capital Stock of the Borrower any Loan Party or any of its Restricted Subsidiaries), and (b) Swap Agreements entered into in order to effectively cap, cap or collar interest rates with respect to any interest-bearing liability of the Loan Party or its Subsidiaries or to 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 Loan Party or any Restricted Subsidiary and (c) any Permitted Equity Derivatives.its Subsidiaries. SECTION 6.06

Swap Agreements. No Loan Party willThe Borrowers will not, nor and will it not permit any Restricted Subsidiary of their respective Subsidiaries to, enter into any Swap Agreement, except (a) Swap Agreements entered into in the ordinary course of business to hedge or mitigate risks (including foreign currency exchange risks) to which the Lead Borrower or any Restricted Subsidiary has actual or reasonably anticipated exposure (other than those in respect of Equity Interests of the Lead Borrower or any of its Restricted Subsidiaries)Subsidiary) and that are not for speculative purposes, and (b) Swap 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 such Loan Party or any Restricted Subsidiary and (c) any Permitted Equity Derivatives.Subsidiary. 127

Swap Agreements. No Loan Party will, nor will it permit any Restricted Subsidiary to, enter into any Swap Agreement, except (a) Swap Agreements entered into to hedge or mitigate risks (including foreign currency exchange risks) to which the Borrower or any Restricted Subsidiary has actual or reasonably anticipated exposure (other than those in respect of Equity Interests of the Borrower or any of its Restricted Subsidiaries), (b) Swap 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 and (c) any Permitted Equity Derivatives.. 98

Swap Agreements. No The Borrowers will not, and will not permit any other Loan Party will, nor will it permit any Restricted Subsidiary or its Subsidiaries to, enter into any Swap Agreement, except (a) Swap Agreements entered into to hedge or mitigate risks (including foreign currency exchange risks) to which the Borrower any Loan Party or any Restricted Subsidiary its Subsidiaries has actual or reasonably anticipated exposure (other than those in respect of Equity Interests of the Borrower any Loan Party or any of its Restricted Subsidiaries), and (b) Swap Agreements entered into in order to effectively cap, cap or collar interest rates with respect to any interest-bearing liability of the Loan Party or its Subsidiaries or to 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 Loan Party or any Restricted Subsidiary and (c) any Permitted Equity Derivativesits Subsidiaries.

Swap Agreements. No Such Loan Party willwill not, nor and will it not permit any Restricted Subsidiary of its Subsidiaries to, enter into any Swap Agreement, except (a) Swap Agreements entered into in the ordinary course of business to hedge or mitigate risks (including foreign currency exchange risks) to which the Borrower or any Restricted Subsidiary has actual or reasonably anticipated exposure (other than those in respect of Equity Interests of the Borrower or any of its Restricted Subsidiaries)Subsidiary) and that are not for speculative purposes, or (b) Swap 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 such Loan Party or any Restricted Subsidiary and (c) any Permitted Equity DerivativesSubsidiary.

Swap Agreements. No Loan Party will, nor will it permit any Restricted Subsidiary of its Subsidiaries to, enter into any Swap Agreement, except (a) Swap Agreements entered into to hedge or mitigate risks (including foreign currency exchange risks) to which the Borrower any Loan Party or any Restricted Subsidiary has actual or reasonably anticipated exposure (other than those in respect of Equity Interests of the Borrower any Loan Party or any of its Restricted Subsidiaries), and (b) Swap Agreements entered into in order to effectively cap, cap or collar interest rates with respect to any interest-bearing liability of any Loan Party or any Subsidiary or to 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 any Loan Party or any Restricted Subsidiary and (c) any Permitted Equity Derivativesof a Loan Party.

Swap Agreements. No Loan Party will, nor will it permit any Restricted Subsidiary to, enter into any Swap Agreement, except (a) Swap Agreements entered into to hedge or mitigate risks (including foreign currency exchange risks) to which the Borrower or any Restricted Subsidiary has actual or reasonably anticipated exposure (other than those in respect of Equity Interests of the Borrower or any of its Restricted Subsidiaries), and (b) Swap 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 Subsidiary, and (c) any Permitted Equity Derivatives.

Swap Agreements. No Loan Party will, nor will it permit any Restricted Subsidiary of its Subsidiaries to, enter into any Swap Agreement, except (a) Swap Agreements entered into to hedge or mitigate risks (including foreign currency exchange risks) to which the Borrower any Loan Party or any Restricted Subsidiary has actual or reasonably anticipated exposure (other than those in respect of Equity Interests of the Borrower any Loan Party or any of its Restricted Subsidiaries), and (b) Swap Agreements entered into in order to effectively cap, cap or collar interest rates with respect to any interest-bearing liability of any Loan Party or any Subsidiary or to 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 any Loan Party or any Restricted Subsidiary and (c) any Permitted Equity DerivativesSubsidiary.

Swap Agreements. No Loan Party will, nor will it permit any Restricted Subsidiary to, enter into any Swap Agreement, except (a) Swap Agreements entered into to hedge or mitigate risks (including foreign currency Currency exchange risks) to which the Borrower or any Restricted Subsidiary has actual or reasonably anticipated exposure (other than those in respect of Equity Interests of the Borrower or any of its Restricted Subsidiaries), (b) Swap 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 and (c) any Permitted Equity Derivatives.

Swap Agreements. No Loan Party will, nor will it permit any Restricted Subsidiary to, enter into any Swap Agreement, except (a) Swap Agreements entered into to hedge or mitigate risks (including foreign currency exchange risks) to which the Borrower or any Restricted Subsidiary has actual or reasonably anticipated exposure (other than those in respect of Equity Interests of the Borrower or any of its Restricted Subsidiaries), and (b) Swap 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 and (c) any Permitted Equity DerivativesSubsidiary.

Swap Agreements. No Loan Party will, nor will it permit any Restricted Subsidiary to, enter into any Swap Agreement, except (a) Swap Agreements entered into to hedge or mitigate risks (including foreign currency exchange risks) to which the Borrower or any Restricted Subsidiary has actual or reasonably anticipated exposure (other than those in respect of Equity Interests of the Borrower or any of its Restricted Subsidiaries), (b) Swap 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 Subsidiary, and (c) any Permitted Equity Derivatives.

Swap Agreements. No Loan Party willThe Borrowers will not, nor and will it not permit any Restricted Subsidiary of their respective Subsidiaries to, enter into any Swap Agreement, except (a) Swap Agreements entered into in the ordinary course of business to hedge or mitigate risks (including foreign currency exchange risks) to which the Lead Borrower or any Restricted Subsidiary has actual or reasonably anticipated exposure (other than those in respect of Equity Interests of the Lead Borrower or any of its Restricted Subsidiaries)Subsidiary) and that are not for speculative purposes, and (b) Swap 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 such Loan Party or any Restricted Subsidiary and (c) any Permitted Equity DerivativesSubsidiary.

Swap Agreements. No Loan Party will, nor will it permit any Restricted Subsidiary to, enter into any Swap Agreement, except (a) Swap Agreements entered into to hedge or mitigate risks (including foreign currency exchange risks) to which the Borrower or any Restricted Subsidiary has actual or reasonably anticipated exposure (other than those in respect of Equity Interests of the Borrower or any of its Restricted Subsidiaries), (b) Swap 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 and (c) any Permitted Equity Derivatives.floating

Swap Agreements. No Loan Party willThe Borrowers will not, nor and will it not permit any Restricted Subsidiary of their respective Subsidiaries to, enter into any Swap Agreement, except (a) Swap Agreements entered into in the ordinary course of business to hedge or mitigate risks (including foreign currency exchange risks) to which the Borrower Borrowers or any Restricted Subsidiary has actual or reasonably anticipated exposure (other than those in respect of Equity Interests of the either Borrower or any of its Restricted Subsidiaries)Subsidiary) and that are not for speculative purposes, and (b) Swap 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 such Loan Party or any Restricted Subsidiary and (c) any Permitted Equity DerivativesSubsidiary.