Common use of Swap Agreements Clause in Contracts

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Swap Agreement, other than Swap 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.

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries Restricted Subsidiary to, enter into any Swap Agreement, other than Swap Agreements entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any a Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilitiesliabilities and not for speculative purposes.

Swap Agreements. The Borrower will notnot itself, and will not permit any of its Subsidiaries Subsidiary to, enter into any Swap Agreement, other than except (a) Swap Agreements entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed has actual or anticipated exposure (other than those in respect of Capital Stock) and (b) Swap Agreements entered into in order to effectively cap, collar or exchange interest rates with respect to any interest-bearing liability or investment of the conduct of its business Borrower or the management of its liabilitiesany Subsidiary.

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Swap Agreement, Agreement other than Swap Agreements entered into in the ordinary course of business to hedge or mitigate risks pursuant to which the Borrower or any such Subsidiary is exposed in the conduct of has hedged its business reasonably estimated interest rate, foreign currency or the management of its liabilitiescommodity exposure, and not for speculative purposes.

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

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries Restricted Subsidiary to, enter into any Swap Agreement, other than Swap 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.

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, enter into any Swap Agreement, other than Swap 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 liabilitiesAgreement for speculative purposes.

Swap Agreements. The Neither Borrower will, nor will not, and will not it permit any of its Subsidiaries Restricted Subsidiary to, enter into any Swap Agreement, other than Swap Agreements entered into in the ordinary course of business to hedge or mitigate risks to which the Parent Borrower or any a Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilitiesliabilities and not for speculative purposes.

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, enter into any Swap Agreement, other than Swap Agreements entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any a Subsidiary is exposed in the conduct of its business or the management of its liabilitiesliabilities and not for speculative purposes.

Swap Agreements. The Borrower will not, and will not permit any of its Restricted Subsidiaries to, enter into any Swap Agreement, other than except Swap Agreements entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any Subsidiary of its Restricted Subsidiaries is exposed in the conduct of its business or the management of its liabilitiesliabilities or in connection with the repurchase of any Equity Interests of the Borrower to the extent permitted by Section 6.07.

Swap Agreements. The Borrower Borrowers will not, and will not permit any of its Subsidiaries their subsidiaries to, enter into any Swap Agreement, other than Swap Agreements entered into in the ordinary course of business to hedge or mitigate risks to which the any Borrower or any Subsidiary subsidiary is exposed in the conduct of its business or the management of its liabilitiesliabilities and not for speculative purposes.

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Swap Agreement, other than Swap Agreements entered into with any of the Lenders or an Affiliate of any Lender or 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.

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries Restricted Subsidiary to, enter into be a party to or be bound by any Swap Agreement, other than Swap Agreements entered into in the ordinary course of business to which (a) hedge or mitigate risks to which the Borrower and its Restricted Subsidiaries have actual or any Subsidiary is exposed in projected exposure and (b) are permitted under the conduct risk management policies approved by the Borrower’s board of directors from time to time and do not subject the Borrower and its business or the management of its liabilitiesRestricted Subsidiaries to material speculative risks.

Swap Agreements. The Borrower will not, and nor will not it permit any of its Subsidiaries Subsidiary to, enter into any Swap Agreement, other than unless such Swap Agreements Agreement is entered into by such Person in the ordinary course of business to hedge for the purpose of hedging or mitigate mitigating risks to which the Borrower or any Subsidiary associated with actual exposure of such Person and such Swap Agreement is exposed in the conduct of its business or the management of its liabilitiesnot for speculative purposes.

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Swap Agreement, other than except Swap Agreements that are (a) entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed has actual exposure (other than those in respect of Equity Interests of the conduct Borrower or any of its business or the management of its liabilitiesSubsidiaries), and (b) not entered into for any speculative purpose.

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Swap Agreement, other than Swap 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 liabilitiesexcept for non-speculative purposes.

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries Restricted Subsidiary to, enter into any Swap Agreement, other than Swap 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 liabilitiesand not for speculative purposes.

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Swap Agreement, other than Swap Agreements entered into with any of the Lenders (or any Affiliates thereof) or 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 liabilitiesliabilities (including, among other Swap Agreements, hedge transactions, warrant transactions and capped call transactions in respect of Convertible Notes).

Swap Agreements. The Borrower Borrowers will not, and will not permit any of its their Subsidiaries to, enter into any Swap Agreement; provided, other than with the prior written consent of the Lender (such consent not to be unreasonably withheld), Borrowers may enter into a Swap Agreements entered into Agreement 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 liabilitiesconnection with a Qualified Financing.

Swap Agreements. The Borrower will not, and nor will not it permit any of its Subsidiaries Restricted Subsidiary to, enter into any Swap Agreement, other than except (a) Swap Agreements entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any Restricted Subsidiary is exposed has actual exposure (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 conduct of its business Borrower or the management of its liabilitiesany Restricted Subsidiary.

Swap Agreements. The Borrower will notnot itself, and will not permit any of its Subsidiaries Subsidiary to, enter into any Swap Agreement, other than except (a) Swap Agreements entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed has actual or anticipated exposure (other than those in respect of Capital Stock) and (b) Swap Agreements entered into in order to effectively cap, collar or exchange interest rates with respect to any interest bearing liability or investment of the conduct of its business Borrower or the management of its liabilitiesany Subsidiary.

Swap Agreements. The Borrower will not, and will not permit any of its the Subsidiaries to, enter into any Swap Agreement, other than except Swap Agreements entered into in the ordinary course of business and consistent with prudent business practice for the purpose of hedging or mitigating risks (and not for purposes of speculation) associated with fluctuations in interest rates and foreign exchange rates; provided that the counterparty to hedge any Swap Agreement permitted by this Section shall be, at the time it enters into such Swap Agreement, a Lender or mitigate risks to which the Borrower or any Subsidiary is exposed in the conduct of its business or the management of its liabilitiesan Affiliate thereof.

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, enter into any Swap Agreement, other than except (a) Swap Agreements entered into in the ordinary course of business to hedge or mitigate risks (including foreign exchange risks) to which the Borrower or any Subsidiary is exposed has actual exposure, 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 conduct of its business Borrower or the management of its liabilitiesany Subsidiary.

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

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Swap Agreement, other than except Swap Agreements entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed has actual exposure (other than those in respect of Equity Interests of the conduct of its business Borrower or the management of its liabilitiesany Subsidiary) and that are not for speculative purposes.

Swap Agreements. The Borrower will not, and nor will not it permit any of its Restricted Subsidiaries to, enter into any Swap Agreement, other than except Swap Agreements entered into in the ordinary course of business business, and not for speculative purposes, to hedge protect against changes in interest rates, commodity prices or mitigate risks to which the Borrower foreign exchange rates or any Subsidiary is exposed in the conduct of its business or the management of its liabilitiesconnection with a Permitted Convertible Notes Offering.

Swap Agreements. The Borrower will not, and will not permit any of its Significant Subsidiaries to, enter into any Swap Agreement, other than Swap 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 liabilitiesAgreement for speculative purposes.

Swap Agreements. The Borrower will not, and nor will not it permit any of its Subsidiaries Subsidiary to, enter into any Swap Agreement, other than except Swap Agreements (a) required by Section 5.14, (b) entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed has actual exposure (other than those in respect of shares of capital stock or other equity ownership interests of the conduct of its business Borrower or the management of its liabilitiesany Subsidiary), or (c) in connection with non-speculative hedging arrangements.

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, enter into any Swap Agreement, other than Swap Agreements entered into in outstanding on 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 liabilitiesEffective Date.

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Swap Agreement, other than Swap Agreements entered into with any of the Lenders (or any Affiliates thereof) or 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.

Swap Agreements. The Borrower will shall not, and will shall not permit any of its Subsidiaries to, enter into or permit to exist any Swap Agreement, other than except Swap 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 liabilitiesBusiness consistent with prudent industry practices and not speculative in nature.

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, enter into any Swap Agreement, Agreements with any Person other than Swap Agreements which are 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 liabilitiesand not for speculative purposes.

Swap Agreements. (a) The Borrower will not, and will not permit any of its Subsidiaries Restricted Subsidiary to, enter into or in any manner be liable on any Swap Agreement, other than Swap Agreements entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or with any Subsidiary is exposed in the conduct of its business or the management of its liabilitiesPerson.

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, enter into any Swap Agreement, other than except Swap Agreements entered into in the ordinary course of business in order to hedge manage risks associated with liabilities, commitments, Investments, assets or mitigate risks to which the Borrower property held or any Subsidiary is exposed in the conduct of its business reasonably anticipated and not for speculative purposes or the management of its liabilitiestaking a “market view”.

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

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, enter into any Swap Agreement, other than except Swap Agreements entered into in connection with the ordinary course hedging program of business to hedge or mitigate risks to which the Borrower or any such Subsidiary is exposed in approved by the conduct Board of its business Directors of the Borrower or the management of its liabilitiessuch Subsidiary.

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

Swap Agreements. The Borrower will notnot itself, and will not permit any of its Subsidiaries Subsidiary to, enter into any Swap Agreement, other than except (a) Swap Agreements entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed has actual or anticipated exposure (other than those in respect of Capital Stock) and (b) Swap Agreements entered into in order to effectively cap, collar or exchange interest rates with respect to any interest bearing liability or investment of the conduct of its business Borrower or the management of its liabilitiesany Subsidiary.

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, enter into any Swap Agreement, other than except (a) Swap Agreements entered into in the ordinary course of business to hedge or mitigate risks (including foreign exchange risks) to which the Borrower or any Subsidiary is exposed has actual exposure (other than in respect of Equity Interests or Indebtedness of the conduct Borrower or any Subsidiary), and (b) Swap Agreements entered into in order to effectively cap, collar or exchange interest rates with respect to any interest-bearing liability or investment of its business the Borrower or the management of its liabilitiesany Subsidiary.

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Swap Agreement, other than (a) Swap Agreements required by Section 5.14 and (b) Swap Agreements entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any Subsidiary of its Subsidiaries is exposed in the conduct of its business or the management of its liabilities.

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Swap Agreement, other than except Swap 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 liabilitiesfor bona fide hedging purposes and not for speculative purposes.

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, enter into any Swap Agreement, Agreements with any Person other than Swap Agreements which are entered into in the ordinary course of business and not for speculative purposes and which are subject to hedge a Swap Intercreditor Agreement to the extent that the terms of such Swap Agreement require any Loan Party to post margin or mitigate risks collateral in order to which secure the Borrower or any Subsidiary is exposed obligations in the conduct respect of its business or the management of its liabilitiessuch Swap Agreement.

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Swap Agreement, other than except Swap Agreements entered into in the ordinary course of business to hedge or mitigate in connection with Permitted Acquisitions and consistent with prudent business practice for the purpose of hedging or mitigating risks to which the Borrower associated with fluctuations in interest rates or any Subsidiary is exposed in the conduct of its business or the management of its liabilitiesforeign exchange rates.

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries Subsidiary to, enter into any Swap Agreement, other than (a) Swap Agreements required by Section 5.14 and (b) Swap 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.

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Swap Agreement, other than except (a) Swap Agreements entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed has actual or potential exposure (other than those in respect of Equity Interests of the conduct Borrower or any of its business Subsidiaries), and (b) Interest Rate Swap Agreements with respect to any interest-bearing liability or investment of the management of its liabilitiesBorrower or any Subsidiary.

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Swap Agreement, other than Swap Agreements entered into with any of the Lenders or 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.

Swap Agreements. The Borrower will not, and will not ---------------- permit any of its Subsidiaries Subsidiary to, enter into any Swap Agreement, other than (a) Swap Agreements required by Section 5.14 and (b) Swap 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.

Swap Agreements. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Swap Agreement, other than Swap Agreements except Hedging Contracts entered into in the ordinary course of business with any Hedging Creditor to hedge or mitigate bona fide risks to which the Borrower or any such Subsidiary is exposed in the conduct of with respect to its business or the management of its liabilitiesassets which, in each case, is not for speculative purposes.

Swap Agreements. The Borrower will not, and will ---------------- not permit any of its Subsidiaries Subsidiary to, enter into any Swap Agreement, other than (a) Swap Agreements required by Section 5.14 and (b) Swap 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.