Eligible Hedge Agreement means an interest rate hedge agreement entered into by the Borrower with an Eligible Hedge Counterparty and consented to by the Controlling Lenders and as to which it obtains written advice of counsel that such Hedge Agreement will not cause any person to be required to register as a “commodity pool operator” (within the meaning of the Commodity Exchange Act) with the Commodity Futures Trading Commission in connection with the Borrower.
Eligible Hedge Agreement means an interest rate hedge agreement entered into by the Borrower with an Eligible Hedge Counterparty and consented to by the Facility Agent.
Eligible Hedge Agreement means a Hedge Agreement in the form of an interest rate cap agreement that complies with the requirements set forth in Section 2.05(e).
Examples of Eligible Hedge Agreement in a sentence
No item or part of any Security shall be merged or be deemed to have been merged in or by any simple contract debt or any judgment, and any realization of or steps taken or pursuant to any Security shall be independent of and not create a merger with any other right available to the Agent, any Lender or any Swap Lender under this Agreement, any other Security, any other Credit Document or any Eligible Hedge Agreement held by it or them or at law or in equity.
More Definitions of Eligible Hedge Agreement
Eligible Hedge Agreement means an ISDA interest rate swap or cap agreement, collar or other interest rate or currency hedging instrument between the Borrower and the Eligible Counterparty named therein, including any schedules and confirmations prepared and delivered in connection therewith, pursuant to which the Borrower will receive payments from, or make payments to, the Eligible Counterparty as provided therein, and which (a) limits recourse by the Eligible Counterparty to the Borrower, to distributions in accordance with the Flow of Funds and (b) is otherwise consistent with the requirements of Section 10.32 hereof.
Eligible Hedge Agreement means an interest rate hedge agreement entered into by the Borrower with an Eligible Hedge Counterparty and consented to by the Controlling Lenders and as to which (A) the Borrower or the Collateral Manager certifies that (i) the written terms of the interest rate hedge agreement directly relate to the Collateral Obligations and (ii) such interest rate hedge agreement reduces the interest rate risks related to the Collateral Obligations (in each case within the meaning of the Xxxxxxx Rule) and (B) it obtains written advice of counsel that such Hedge Agreement will not cause any person to be required to register as a “commodity pool operator” with the meaning of the Commodity Exchange Act) with the Commodity Futures Trading Commission in connection with the Borrower.
Eligible Hedge Agreement means an ISDA interest rate swap or cap agreement, collar or other interest rate hedging instrument between the Borrower and the Eligible Counterparty named therein, including any schedules and confirmations prepared and delivered in connection therewith, pursuant to which the Borrower will receive payments from, or make payments to, the Eligible Counterparty as provided therein, and which (a) limits recourse by the Eligible Counterparty to the Borrower, to distributions in accordance with the Flow of Funds, (b) provides that the counterparty on such Hedge Agreement provide collateral for its obligations upon a downgrade of its credit rating, and (c) is otherwise consistent with the requirements of Section 10.32 hereof.
Eligible Hedge Agreement any Foreign Currency Protection Agreement and Interest Rate Protection Agreement entered into with any Person that is a Lender or an Affiliate of a Lender at the time of entering into such Foreign Currency Protection Agreement or Interest Rate Protection Agreement, as the case may be.
Eligible Hedge Agreement means any Hedge Agreement entered into by the Company or any Subsidiary with a Person that is a Lender (or an Affiliate of a Lender) at the time of entering into such Hedge Agreement.
Eligible Hedge Agreement means any Foreign Currency Protection Agreement or Interest Rate Protection Agreement entered into with any Person that is a Lender or an Affiliate of a Lender and "Obligations" means the collective reference to the unpaid principal of and interest on the Loans and the Reimbursement Obligations and all other obligations and liabilities of the Borrowers to the Administrative Agent and the Lenders (including, without limitation, interest accruing at the then applicable rate provided in the Credit Agreement after the maturity of the Loans and the Reimbursement Obligations and interest accruing at the then applicable rate provided in the Credit Agreement after the filing of any petition in bankruptcy, or the commencement of any insolvency, reorganization or like proceeding, relating to any Borrower, whether or not a claim for post-filing or post-petition interest is allowed in such proceeding), whether direct or indirect, absolute or contingent, due or to become due, or now existing or hereafter incurred, which may arise under, out of, or in connection with, the Credit Agreement, this Agreement, the other Loan Documents, any Eligible Hedge Agreement or any other document made, delivered or given in connection therewith, in each case whether on account of the principal, interest, reimbursement obligations, fees, indemnities, costs, expenses or otherwise (including, without limitation, all fees and disbursements of counsel to the Administrative Agent or to the Lenders that are required to be paid by any Borrower pursuant to the terms of the Credit Agreement, this Agreement, any other Loan Document or any Eligible Hedge Agreement).
Eligible Hedge Agreement means an ISDA interest rate cap or ISDA currency cap agreement between the Borrower and the Eligible Counterparty named therein, including any schedules and confirmations prepared and delivered in connection therewith, pursuant to which the Borrower will receive payments from, or make payments to, the Eligible Counterparty as provided therein, and which (a) limits recourse by the Eligible Counterparty to the Borrower to distributions in accordance with the Flow of Funds, (b) provides that the counterparty to such Hedge Agreement provide collateral for its obligations upon a downgrade of its credit rating below “A” from Standard & Poor’s or “A2” from Moody’s; provided that, this requirement shall not apply with respect to any counterparty who is also a “Class A Lender” under this Agreement, and (c) is otherwise consistent with the requirements of Section 10.32 hereof.