Common use of Swap Obligations Clause in Contracts

Swap Obligations. Neither Loan Parties nor any Subsidiary thereof has incurred any outstanding obligations under any Swap Contracts, other than obligations under Swap Contracts expressly permitted hereby. Loan Parties have voluntarily entered into each Swap Contract to which it is a party based upon its own independent assessment of its consolidated assets, liabilities and commitments, in each case as an appropriate means of mitigating and managing risks associated with such matters, and has not relied on any swap counterparty or any Affiliate of any swap counterparty in determining whether to enter into any Swap Contract.

Appears in 6 contracts

Sources: Forbearance Agreement and Fourth Amendment to Loan and Security Agreement (TENOR CAPITAL MANAGEMENT Co., L.P.), Forbearance Agreement and Fourth Amendment to Loan and Security Agreement (Endurant Capital Management LP), Forbearance Agreement and Fourth Amendment to Loan and Security Agreement (DG Capital Management, LLC)

Swap Obligations. Neither Loan Parties Borrower nor any Subsidiary thereof has incurred any outstanding obligations under any Swap Contracts, other than obligations under Swap Contracts expressly permitted hereby. Loan Parties have Borrower has voluntarily entered into each Swap Contract to which it is a party based upon its own independent assessment of its consolidated assets, liabilities and commitments, in each case as an appropriate means of mitigating and managing risks associated with such matters, and has not relied on any swap counterparty or any Affiliate of any swap counterparty in determining whether to enter into any Swap Contract.

Appears in 3 contracts

Sources: Loan and Security Agreement (Intercloud Systems, Inc.), Credit Agreement (Titan Machinery Inc.), Credit Agreement (Titan Machinery Inc.)

Swap Obligations. Neither No Loan Parties Party nor any Subsidiary thereof of Parent has incurred any outstanding obligations under any Swap Contracts, other than obligations under Swap Contracts expressly permitted hereby. Each Loan Parties Party and each Subsidiary of Parent have voluntarily entered into each Swap Contract to which it is a party based upon its own independent assessment of its consolidated assets, liabilities and commitments, in each case as an appropriate means of mitigating and managing risks associated with such matters, and has not relied on any swap counterparty or any Affiliate of any swap counterparty in determining whether to enter into any Swap Contract.

Appears in 1 contract

Sources: Loan and Security Agreement (Attis Industries Inc.)

Swap Obligations. Neither Loan Parties the Company nor any Subsidiary thereof of its Subsidiaries has incurred any outstanding obligations under any Swap Contracts, other than obligations under Permitted Swap Contracts expressly permitted herebyObligations. Loan Parties have The Company and each of its Subsidiaries has voluntarily entered into each Swap Contract to which it each such Person is a party based upon its each such Person's own independent assessment of its consolidated assets, liabilities and commitments, in each case as an appropriate means of mitigating and managing risks associated with such matters, and has not relied on any swap counterparty or any Affiliate of any swap counterparty in determining whether to enter into any such Swap Contract.

Appears in 1 contract

Sources: Credit Agreement (Plantronics Inc /Ca/)