Secured Hedging Provider definition

Secured Hedging Provider means any Person that is party to a Hedging Agreement with Parent or any Restricted Subsidiary (excluding any ABS Subsidiary) that entered into such Hedging Agreement while such Person was, or before such Person became, a Lender or an Affiliate of a Lender, as the case may be; provided that such person shall not be a Secured Hedging Provider as to any amounts owing in respect of any additional transactions or confirmations under such Hedging Agreement entered into after such Secured Hedging Provider ceases to be a Lender or an Affiliate of a Lender.
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Secured Hedging Provider means (a) any Person that (i) is a party to a Hedging Agreement in existence on the Restatement Date with a Loan Party or any Subsidiary or (ii) entered into a Hedging Agreement with a Loan Party or any Subsidiary while such Person was or before such Person becomes a Lender, the Administrative Agent or an Affiliate of a Lender or the Administrative Agent, whether or not such Person at any time ceases to be a Lender or an Affiliate of a Lender, as the case may be, or (b) any assignee of any such Person described in clause (a) above, which shall be a Lender, an Affiliate of a Lender, or any other Person otherwise approved by the Administrative Agent (such approval not to be unreasonably withheld); provided that any Person that is a Secured Hedging Provider solely by virtue of clause (a)(i) above shall only be secured with respect to, and to the extent of, the obligations owed to it under the existing Hedging Agreement to which it is a party.
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Secured Hedging Provider means (a) any Person that (i) is a party to a Hedging Agreement in existence on the Closing Date with a Loan Party or any Subsidiary or (ii) entered into a Hedging Agreement with a Loan Party or any Subsidiary while such Person was or before such Person becomes a Lender or an Affiliate of a Lender, whether or not such Person at any time ceases to be a Lender or an Affiliate of a Lender, as the case may be, or (b) any assignee of any such Person described in clause (a) above, which shall be a Lender, an Affiliate of a Lender, or any other Person otherwise approved by the Administrative Agent (such approval not to be unreasonably withheld); provided that any Person that is a Secured Hedging Provider solely by virtue of clause (a)(i) above shall only be secured with respect to, and to the extent of, the obligations owed to it under the existing Hedging Agreement to which it is a party.
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Examples of Secured Hedging Provider in a sentence

  • Each Loan Party agrees that nothing in any Loan Document, any Hedging Agreement with any Secured Hedging Provider or any Treasury Management Agreement will be deemed to create an advisory, fiduciary or agency relationship between the Lenders and the Loan Parties, their partners or their Affiliates.

  • Each Obligor agrees that nothing in any Loan Document, any Hedging Agreement with any Secured Hedging Provider or any Treasury Management Agreement will be deemed to create an advisory, fiduciary or agency relationship between the Lenders and the Obligors, their partners or their Affiliates.

  • Each Loan Party agrees that nothing in any Loan Document, any Hedging Agreement with any Secured Hedging Provider or any Treasury Management Agreement will be deemed to create an advisory, fiduciary or agency relationship between Lenders and the Loan Parties, their partners or their Affiliates.

  • Each Lender, on behalf of itself and its Affiliates who are Secured Hedging Providers, and each Secured Hedging Provider, by accepting the benefits of the Collateral, hereby agrees that the Obligors may grant security interests, covering all rights of the Obligors in Hedging Agreements with any Lender or Secured Hedging Provider, to the Administrative Agent under the Security Instruments to secure the Indebtedness, notwithstanding any restriction on such security interests under any Hedging Agreement.

  • Each Obligor agrees that nothing in any Loan Document, any Hedging Agreement with any Secured Hedging Provider or any Treasury Management Agreement will be deemed to create an advisory, fiduciary or agency relationship between Lenders and the Obligors, their partners or their Affiliates.

  • Each Lender, on behalf of itself and its Affiliates who are Secured Hedging Providers, and each Secured Hedging Provider, by accepting the benefits of the Collateral, hereby agrees that the Obligors may grant security interests, covering all rights of the Obligors in Hedging Agreements with any Lender or Secured Hedging Provider, to the Administrative Agent under the Security Instruments to secure the Obligations, notwithstanding any restriction on such security interests under any Hedging Agreement.

  • No Secured Hedging Provider or Secured Treasury Management Counterparty shall have any voting rights under any Loan Document as a result of the existence of obligations owed to it under any such Hedging Agreements or Treasury Management Agreements.


More Definitions of Secured Hedging Provider

Secured Hedging Provider means any Person that, (a) at the time it enters into a Hedging Agreement witha Loan Party permitted under Article VI, is a Lender, an Affiliate of a Lender, the Administrative Agent or anAffiliate of the Administrative Agent, (b) at the time it (or its Affiliate) becomes a Lender or the AdministrativeAgent (including on the Closing Date), is a party to a Hedging Agreement with a Loan Party or (c) at the ClosingDate, is a party to a Hedging Agreement with a Loan Party and that is designated by the Borrower as a “SecuredHedging Provider” by written notice to the Administrative Agent substantially in the form ofExhibit L or such otherform reasonably acceptable to the Administrative Agent and the Borrower, in each case in its capacity as a party tosuch Hedging Agreement. For the avoidance of doubt, any secured Hedging Obligations existing on the ClosingDate and secured under the Existing Credit Agreement shall be deemed to be secured Hedging Obligationshereunder.“Secured Parties ” means (a) the Lenders, (b) each Cash Management Bank to which any Cash ManagementObligation is owed, (c) the Administrative Agent and the Collateral Agent (as defined in each of the SecurityAgreement and the Pledge Agreement), (d) each Issuing Bank, (e) each Secured Hedging Provider, (f) eachIndemnitee and (g) the successors and permitted assigns of each of the foregoing.“Securities Collateral ” means all Collateral constituting “Certificated Securities” as defined in the UCC.“Security Agreement ” means the Security Agreement dated as of October 2, 2020 by and among Holdings,the Borrower and certain of the Subsidiaries of the Borrower in favor of the Administrative Agent, as amended,amended and restated, supplemented, reaffirmed or otherwise modified from time to time.“Security Documents ” means the Security Agreement, the Pledge Agreement, the First Lien IntercreditorAgreement, the Junior Lien Intercreditor Agreement (if any) and the Mortgages executed by the Loan Parties andeach other security agreement, collateral agreement, pledge agreement or other instrument or document executed anddelivered pursuant to Section 5.11 , 5.12 or 5.16 to secure any of the Obligations.“Senior Secured Notes Documents ” means the Senior Secured Notes Indenture, the Senior Secured Notes,the related collateral documents, the First Lien Intercreditor Agreement and any other document, guarantee oragreement entered into in connection therewith.“Senior Secured Notes ” means the 6.500% Senior Secured Notes ...
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Secured Hedging Provider means any Person that, (a) at the time it enters into a Hedging Agreement with a Loan Party permitted under Article VI, is a Lender, an Affiliate of a Lender, the Administrative Agent or an Affiliate of the Administrative Agent, (b) at the time it (or its Affiliate) becomes a Lender or the Administrative Agent (including on the Closing Date), is a party to a Hedging Agreement with a Loan Party or (c) at the Closing Date, is a party to a Hedging Agreement with a Loan Party and that is designated by the Borrower as a “Secured Hedging Provider” by written notice to the Administrative Agent substantially in the form of Exhibit L or such other form reasonably acceptable to the Administrative Agent and the Borrower, in each case in its capacity as a party to such Hedging Agreement. For the avoidance of doubt, any secured Hedging Obligations existing on the Closing Date and secured under the Existing Credit Agreement shall be deemed to be secured Hedging Obligations hereunder.
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Secured Hedging Provider means any Person that, (a) at the time it enters into a Hedging Agreement with a Loan Party permitted under Article VI, is a Lender, an Affiliate of a Lender, the Administrative Agent or an Affiliate
Sample 1
Secured Hedging Provider means any (a) Person that is or was a Lender or an Affiliate of a Lender that is a party to a Hedging Agreement with a Loan Party and that entered into such Hedging Agreement while such Person was or before such Person becomes a Lender or an Affiliate of a Lender whether or not such Person at any time ceases to be a Lender or an Affiliate of a Lender as the case may be (for the avoidance of doubt, such Person shall not be a “Secured Hedging Provider” pursuant to this clause (a) with respect to any transaction or confirmation entered into after such Person ceases to be a Lender or an Affiliate of a Lender), (b) solely with respect to the Hedging Agreements listed on Schedule 7.20, each Person listed on such Schedule 7.20 as a party to such Hedging Agreement which Person (i) is or was a Lender or an Affiliate of a Lender on the Effective Date or (ii) was a “Lender” (as defined in the Existing Credit Agreement) or an Affiliate of a “Lender” (as defined in the Existing Credit Agreement) under the Existing Credit Agreement, as the case may be (for the avoidance of doubt, such Person shall not be a “Secured Hedging Provider” pursuant to the foregoing clause (b)(ii) with respect to any other transaction or confirmation entered into by such Person), or (c) assignee of any Person described in clause (a) or (b) above (in respect of clause (b), solely in respect of the Hedging Agreements listed on Schedule 7.20) with respect to the Hedging Agreements so assigned, in each case for this clause (c), so long as such assignee is an Approved Counterparty at the time of the applicable assignment.
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Related to Secured Hedging Provider

  • Hedging Provider any Person that has entered into a Hedging Agreement with a Grantor with the obligations of such Grantor thereunder being secured by one or more Loan Documents, as designated by the Borrower in accordance with Section 8.4 hereof (provided that no Person shall, with respect to any Hedging Agreement, be at any time a Hedging Provider with respect to more than one Credit Facility).

  • Secured Hedging Agreement means any Hedging Agreement that is entered into by and between the Borrower or any Restricted Subsidiary and any Hedge Bank.

  • Secured Hedge Agreement means any Swap Contract permitted under Article VI or VII that is entered into by and between any Loan Party and any Hedge Bank.

  • Secured Hedging Obligations means all Hedging Obligations owing by the U.S. Borrower or any Restricted Subsidiary to the Agent, a Joint Lead Arranger or a co-arranger or any Affiliate of any of the foregoing or a Person that was a Lender or an Affiliate of a Lender on the Closing Date or at the time the Hedge Agreement giving rise to such Hedging Obligations was entered into.

  • Hedging Agreement Provider means any Person that enters into a Secured Hedging Agreement with a Credit Party or any of its Subsidiaries that is permitted by Section 6.1(d) to the extent such Person is a Lender, an Affiliate of a Lender or any other Person that was a Lender (or an Affiliate of a Lender) at the time it entered into the Secured Hedging Agreement but has ceased to be a Lender (or whose Affiliate has ceased to be a Lender) under the Credit Agreement.

  • Secured Hedge Obligations means Obligations under Secured Hedge Agreements.

  • Hedging Counterparty means HSBC Bank plc or any Affiliate of HSBC Bank plc or any other party

  • Hedging Agreement means any interest rate protection agreement, foreign currency exchange agreement, commodity price protection agreement or other interest or currency exchange rate or commodity price hedging arrangement.

  • Designated Hedge Agreement means any Hedge Agreement (other than a Commodities Hedge Agreement) to which the Borrower or any Subsidiary is a party and as to which, at the time such Hedge Agreement is entered into, a Lender or any of its Affiliates is a counterparty.

  • Hedging Party means at any relevant time, the Issuer, or any of its affiliates or any other party providing the Issuer directly or indirectly with hedging arrangements in relation to the Notes as the Issuer may select at such time.

  • Rate Hedging Agreement means an agreement, device or arrangement providing for payments which are related to fluctuations of interest rates, exchange rates or forward rates, including, but not limited to, dollar-denominated or cross-currency interest rate exchange agreements, forward currency exchange agreements, interest rate cap or collar protection agreements, forward rate currency or interest rate options, puts and warrants.

  • Secured Swap Agreement means a Swap Agreement between (a) any Loan Party and (b) a Secured Swap Provider.

  • Guaranteed Hedge Agreement means any Swap Contract permitted under Article VII that is entered into by and between any Loan Party and any Hedge Bank.

  • Hedging Agreements means, collectively, interest rate protection agreements, equity index agreements, foreign currency exchange agreements, option agreements or other interest or exchange rate or commodity price hedging agreements (other than forward contracts for the delivery of power or gas written by the Borrower to its jurisdictional and wholesale customers in the ordinary course of business).

  • Hedge Agreement means any interest or foreign currency rate swap, cap, collar, option, hedge, forward rate or other similar agreement or arrangement designed to protect against fluctuations in interest rates or currency exchange rates.

  • Secured Swap Provider means (i) a Lender or an Affiliate of a Lender (or a Person who was a Lender or an Affiliate of a Lender at the time of execution and delivery of a Rate Contract) who has entered into a Secured Rate Contract with Borrower, or (ii) a Person with whom Borrower has entered into a Secured Rate Contract provided or arranged by GE Capital or an Affiliate of GE Capital, and any assignee thereof.

  • Permitted Hedging Agreement of any Person means any Hedging Agreement entered into with one or more financial institutions in the ordinary course of business that is designed to protect such Person against fluctuations in interest rates or currency exchange rates with respect to Indebtedness Incurred and not for purposes of speculation and which, in the case of an interest rate agreement, shall have a notional amount no greater than the principal amount at maturity due with respect to the Indebtedness being hedged thereby.

  • Hedging Arrangement means a hedge, call, swap, collar, floor, cap, option, forward sale or purchase or other contract or similar arrangement (including any obligations to purchase or sell any commodity or security at a future date for a specific price) which is entered into to reduce or eliminate or otherwise protect against the risk of fluctuations in prices or rates, including interest rates, foreign exchange rates, commodity prices and securities prices.

  • Hedge Agreements means interest rate swap, cap or collar agreements, interest rate future or option contracts, currency swap agreements, currency future or option contracts and other similar agreements.

  • Hedge Provider means Xxxxx Fargo or any of its Affiliates.

  • Specified Hedge Agreement any Hedge Agreement entered into by the Borrower or any Subsidiary Guarantor and any Qualified Counterparty.

  • Specified Hedging Agreement means any agreement or other documentation between the Borrower (or any of them) and Bank providing for an interest rate swap that does not provide for a minimum rate of zero percent (0%) with respect to determinations of the Daily Adjusting LIBOR Rate, for the purposes of such interest rate swap (e.g., determines the floating amount by using the “negative interest method” rather than the “zero interest rate method” in the case of any such interest rate swap made under any master agreement or other documentation published by the International Swaps and Derivatives Association, Inc.).

  • Commodity Hedging Agreement means a commodity hedging or purchase agreement or similar arrangement entered into with the intent of protecting against fluctuations in commodity prices or the exchange of notional commodity obligations, either generally or under specific contingencies.

  • Lender Counterparty means each Lender or any Affiliate of a Lender counterparty to a Hedge Agreement (including any Person who is a Lender (and any Affiliate thereof) as of the Closing Date but subsequently, whether before or after entering into a Hedge Agreement, ceases to be a Lender) including, without limitation, each such Affiliate that enters into a joinder agreement with Collateral Agent.

  • Interest Rate Hedge Agreement means any swap, cap, collar, forward purchase or similar agreements or arrangements entered into by a Borrower or one of its Affiliates in connection with the Loan Facility for the sole purpose of reducing a Borrower’s exposure to interest rate risk and not for speculative purposes.

  • Interest Rate Hedging Agreement means any interest rate protection agreement or other interest rate hedging arrangement.