Hedging Contract definition
Examples of Hedging Contract in a sentence
All dealings between Borrower or any Hedging Subsidiary, on the one hand, and the Specified Hedging Contract Counterparties or any of their Affiliates, on the other hand, likewise shall be conclusively presumed to have been had or consummated in reliance upon this Hedging Obligations Guaranty.
The Borrower acknowledges and agrees that nothing in this Agreement, any Hedging Contract, the other Loan Documents or otherwise will be deemed to create an advisory, fiduciary or agency relationship or fiduciary or other implied duty between the Bank, on the one hand, and the Borrower, its members and/or any affiliated Person thereto, on the other.
Observe, perform and comply with the covenants, terms and conditions of this Agreement, the Loan Documents, any Hedging Contract and any other agreement or document entered into between the Borrower, the Bank and/or any Hedge Provider.
Borrower waives any and all notice of the creation, renewal, extension or accrual of any of the Hedging Obligations and notice of or proof of reliance by any Specified Hedging Contract Counterparty on this Hedging Obligations Guaranty or acceptance of this Hedging Obligations Guaranty.
In the event, however, (x) the occurrence of such Event of Default is the third such occurrence from the Closing Date (irrespective of any possible cure by the Borrower) or (y) the Event of Default is of a monetary nature wherein the failure to make a payment of money to any Person by the Borrower gave rise to such Event of Default, the Bank shall be entitled to exercise any rights and remedies afforded to it by this Agreement, the Loan Documents, any Hedging Contract and/or at Law or in equity.