Common use of Swap Agreements Clause in Contracts

Swap Agreements. The Borrower will not, and will not permit any 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 a Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilities and not for speculative purposes.

Swap Agreements. The Borrower will not, and will not permit any Restricted Subsidiary 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 a Restricted any Subsidiary is exposed in the conduct of its business or the management of its liabilities and not for speculative purposesliabilities.

Swap Agreements. The Borrower will not, and will not permit any Restricted Subsidiary other Loan Party 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 a Restricted Subsidiary any other Loan Party is exposed in the conduct of its business or the management of its liabilities and not for speculative purposesliabilities.

Swap Agreements. The Borrower will notnot itself, and will not permit any 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 a Restricted 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 liabilities and not for speculative purposesany Subsidiary.

Swap Agreements. The Borrower will not, and will not permit any Restricted Subsidiary 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 a Restricted such Subsidiary is exposed in the conduct of has hedged its business reasonably estimated interest rate, foreign currency or the management of its liabilities commodity exposure, and not for speculative purposes.

Swap Agreements. The Borrower will not, and will not permit any 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 a Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilities and not for speculative purposes.

Swap Agreements. The Borrower will not, and will not permit any 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 a Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilities and not Agreement for speculative purposes.

Swap Agreements. The Borrower will not, and will not permit any of its Restricted Subsidiary 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 a any Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilities and not for speculative purposesliabilities.

Swap Agreements. The Borrower will not, and will not permit any Restricted Subsidiary of its Subsidiaries to, enter into any Swap Agreement, other than except Swap Agreements entered into in order to effectively cap, collar or exchange interest rates with respect to the ordinary course of business to hedge or mitigate risks to which the Borrower or a Restricted Subsidiary is exposed in the conduct of its business Loans or the management of its liabilities and not for speculative purposesloans under the Revolving Loan Facility.

Swap Agreements. The Neither Borrower will, nor will not, and will not it permit any 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 a Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilities and not for speculative purposes.

Swap Agreements. The Borrower Borrowers will not, and will not permit any Restricted Subsidiary of 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 a Restricted Subsidiary subsidiary is exposed in the conduct of its business or the management of its liabilities and not for speculative purposes.

Swap Agreements. The Borrower will not, and nor will not it permit any Restricted 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 a Restricted 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 liabilities and not for speculative purposes.

Swap Agreements. The Borrower will not, and will not permit any Restricted Subsidiary 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 a Restricted any Subsidiary is exposed in the conduct of its business or the management of its liabilities and not for speculative purposesliabilities.

Swap Agreements. The Borrower will not, and will not permit any 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 a Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilities and not for speculative purposes.

Swap Agreements. The Borrower will not, and nor will not it permit any of its Restricted Subsidiary 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 a Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilities business, and not for speculative purposes, to protect against changes in interest rates, commodity prices or foreign exchange rates or in connection with a Permitted Convertible Notes Offering.

Swap Agreements. The Borrower will not, and will not permit any 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 a Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilities and not for speculative purposes.

Swap Agreements. The Borrower will not, and will not permit any Restricted Subsidiary 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 a Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilities and not Agreement for speculative purposes.

Swap Agreements. The Borrower will not, and will not permit any of its Restricted Subsidiary 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 a any of its Restricted Subsidiary Subsidiaries is exposed in the conduct of its business or the management of its liabilities and not for speculative purposesor in connection with the repurchase of any Equity Interests of the Borrower to the extent permitted by Section 6.07.

Swap Agreements. The Borrower It will not, and will not permit any Restricted Subsidiary 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 it or a Restricted Subsidiary any of its subsidiaries is exposed in the conduct of its business or the management of its liabilities and not for speculative purposesliabilities.

Swap Agreements. The Borrower will not, and will not permit any Restricted Subsidiary 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 a Restricted 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 liabilities any Subsidiary) and that are not for speculative purposes.

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

Swap Agreements. The Borrower will not, and will not permit any Restricted Subsidiary 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 a Restricted 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 liabilities Subsidiaries), and (b) not entered into for any speculative purposespurpose.

Swap Agreements. The Borrower will notnot itself, and will not permit any 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 a Restricted 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 liabilities and not for speculative purposesany Subsidiary.

Swap Agreements. The Borrower will not, and will not permit any Restricted Subsidiary 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 a Restricted Subsidiary any of its Subsidiaries is exposed in the conduct of its business or the management of its liabilities and not for speculative purposesliabilities.

Swap Agreements. The Borrower will not, and will not permit any Restricted Subsidiary 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 a Restricted any Subsidiary is exposed in the conduct of its business or the management of its liabilities (including, among other Swap Agreements, hedge transactions, warrant transactions and not for speculative purposescapped call transactions in respect of Convertible Notes).

Swap Agreements. The Borrower will not, and will not permit any Restricted Subsidiary 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 a Restricted any Subsidiary is exposed in the conduct of its business or the management of its liabilities and not for speculative purposesliabilities.

Swap Agreements. The Borrower will not, and will not permit any Restricted 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 a Restricted such Subsidiary is exposed in approved by the conduct Board of its business Directors of the Borrower or the management of its liabilities and not for speculative purposessuch Subsidiary.

Swap Agreements. The Borrower will not, and will not permit any Restricted Subsidiary 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 a Restricted any Subsidiary is exposed in the conduct of its business or the management of its liabilities and not for speculative purposesliabilities.

Swap Agreements. The Borrower will not, and will not permit any Restricted Subsidiary 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 a Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilities for bona fide hedging purposes and not for speculative purposes.

Swap Agreements. The Borrower will not, and will not permit any Restricted Subsidiary 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 a Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilities and not for speculative purposesforeign exchange rates.

Swap Agreements. The Borrower will not, and will ---------------- not permit any Restricted 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 a Restricted any Subsidiary is exposed in the conduct of its business or the management of its liabilities and not for speculative purposesliabilities.

Swap Agreements. The Borrower will not, and will not permit any Restricted 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 a Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilities reasonably anticipated and not for speculative purposespurposes or taking a “market view”.

Swap Agreements. The Borrower will not, and will not permit any of its Restricted Subsidiary 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 a any Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilities and not for speculative purposesliabilities.

Swap Agreements. The Borrower will not, and will not permit any Restricted Subsidiary 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 a Restricted such Subsidiary is exposed in the conduct of with respect to its business or the management of its liabilities and assets which, in each case, is not for speculative purposes.

Swap Agreements. The Borrower will not, and will not permit any Restricted Subsidiary 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 a Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilities and not except for non-speculative purposes.

Swap Agreements. The Borrower will not, and will not ---------------- permit any Restricted 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 a Restricted any Subsidiary is exposed in the conduct of its business or the management of its liabilities and not for speculative purposesliabilities.

Swap Agreements. The Borrower will not, and will not permit any of its Restricted Subsidiary 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 a any of its Restricted Subsidiary Subsidiaries is exposed in the conduct of its business or the management of its liabilities and not for speculative purposesliabilities.

Swap Agreements. The Borrower will not, and will not permit any Restricted Subsidiary 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 a Restricted Subsidiary any of its Subsidiaries is exposed in the conduct of its business or the management of its liabilities and not for speculative purposesliabilities.

Swap Agreements. The Borrower will not, and will not permit any Restricted Subsidiary 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 a Restricted 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 liabilities and not for speculative purposesBorrower or any Subsidiary.

Swap Agreements. The Borrower will not, and will not permit any Restricted 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 a Restricted any Subsidiary is exposed in the conduct of its business or the management of its liabilities and not for speculative purposesliabilities.

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

Swap Agreements. The Borrower will notnot itself, and will not permit any 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 a Restricted 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 liabilities and not for speculative purposesany Subsidiary.