FX Lender definition
Examples of FX Lender in a sentence
Each Borrower understands that these confirmations are not legal contracts but only evidence of the valid and binding oral contract which such Borrower has already entered into with the FX Lender.
Each Borrower hereby authorizes the FX Lender to debit such Borrower's account with the FX Lender for payments due from such Borrower to the FX Lender with respect to any Foreign Exchange Agreement.
Each Borrower agrees to promptly execute and return to the FX Lender confirmations which accurately reflect the terms of a Foreign Exchange Agreement, and immediately contact the FX Lender if such Borrower believes a confirmation is not accurate.
At all times when FX Hedging Arrangements are outstanding, each FX Lender hereunder agrees to advise Agent at least monthly as to the aggregate net ▇▇▇▇-to-market position (whether positive or negative) of all FX Hedging Arrangements that it may have with any one or more Borrowers.
Each Borrower acknowledges that collateral pledged to secure the Borrowers' performance of their obligations under this Agreement secures not only the Borrowers' obligation to repay advances hereunder but also secures any Borrower's performance of each and every obligation hereunder, including but not limited to such Borrower's performance of its obligations under Foreign Exchange Agreements with the FX Lender.
The FX Lender may refuse to enter into a FX Transaction with the Company or any Guarantor where the FX Lender, at its sole discretion, determines that: (1) the requested Foreign Currency is unavailable, (2) the FX Lender is not then dealing in the requested Foreign Currency, or (3) the FX Lender would be prohibited by any applicable law, rule, regulation, or order from purchasing such Foreign Currency.
Each Borrower understands that neither the FX Lender nor either Borrower has any obligation to enter into any particular Foreign Exchange Agreement with the other.
It is expressly agreed and understood that the failure by the required Lenders to elect to accelerate amounts outstanding hereunder and/or to terminate the obligation of the Lenders to make Revolving Loans, the L/C Issuing Bank to issue Letters of Credit, or the FX Lender to enter into FX Transactions with the Company hereunder shall not constitute an amendment or waiver of any term or provision of this Agreement.
Each Borrower shall be and remain liable for any amounts owing to the FX Lender after exercise of any such rights and remedies.
Each FX Lender shall notify Administrative Agent of any termination of a Facility Foreign Currency Exchange Agreement, or of any default or breach thereunder, or at any time that the maximum amount of potential settlement obligations related thereto (or the portion of the Facility FX Exposure attributable thereto) exceeds or is likely to exceed, or is otherwise changed from, the amount previously disclosed to Administrative Agent.