Swap Liabilities definition

Swap Liabilities means Indebtedness incurred in respect of swaps, foreign exchange contracts, futures and other derivatives (but so that when calculating the value of any derivative transaction, only the marked to market value shall be taken into account) and guarantees in respect of such Indebtedness;
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Swap Liabilities means indebtedness incurred by the Borrower under the Swap Contracts;
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Swap Liabilities means any and all obligations of the Parent or any of its Subsidiaries, whether absolute or contingent and howsoever and whensoever created, arising, evidenced or acquired, under (a) any and all Swap Agreements; and (b) any and all cancellations, buy backs, reversals, terminations or assignments of any Swap Agreement transaction.
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Examples of Swap Liabilities in a sentence

  • Notwithstanding anything to the contrary contained in this Agreement or any of the other Credit Documents, the Swap Obligations of any Loan Party that is not an Eligible Contract Participant shall not include any Excluded Swap Liabilities.

  • If Participant receives any payment (other than Remittances) in respect of the Swap Liabilities from Counterparty or any collateral or guaranty securing the Swap Liabilities or otherwise (including, without limitation, pursuant to the exercise of set off rights by Participant in respect of any of the Swap Liabilities), then it shall promptly pay such amount to Swap Bank for distribution as provided in Section 5 of this Agreement.

  • As of the date of this Agreement, the Borrowers and the Guarantor acknowledge that the Loan Agreement, the Swap Agreement, the Security Documents and any other related documents in connection with the Loan and the Swap Liabilities are and remain valid, binding and enforceable and are not subject to any defences or counterclaims under law or equity.

  • Participant hereby irrevocably and unconditionally agrees to pay on demand by Swap Bank, without counterclaim or set off, % (the "Percentage Share") of all Swap Liabilities (as defined below).

  • Excluded Swap Liabilities with respect to any Loan Party shall not be paid with amounts received from such Loan Party, but appropriate adjustments shall be made with respect to payments from other Loan Parties to preserve the allocation to Obligations otherwise set forth above in this Section.

  • The appointment pursuant to this Section of the Administrative Agent as the Parent’s and the Borrower’s attorney and the Administrative Agent’s rights and powers are coupled with an interest and are irrevocable, so long as any of the Commitments hereunder shall be in effect and until payment in full in cash of all Obligations (other than unasserted contingent indemnification liabilities and Cash Management Liabilities and Swap Liabilities as to which no claim has been asserted).

  • Notwithstanding any other provision in this Article IX to the contrary, the Administrative Agent shall not be required to verify the payment of, or that other satisfactory arrangements have been made with respect to, Obligations arising under Swap Liabilities or Cash Management Liabilities unless the Administrative Agent has received written notice of such Obligations, together with such supporting documentation as the Administrative Agent may request, from the applicable Secured Party.

  • Notwithstanding Participant’s right to receive its Percentage Share of Remittances as set forth in Section 5, Participant’s entry into this Agreement does not constitute an acceptance of an assignment or other transfer of the rights or obligations under the Counterparty Transaction or the Swap Documents, and Participant’s liability hereunder is strictly limited to its Percentage Share of the Swap Liabilities as set forth in Section 3.

  • Swap Liabilities The Liabilities arising under or in connection with the Swap Agreements, including any closed out amount of any transactions entered into thereunder.

  • Section 8.1 Events of Default 90 Section 8.2 Action if Bankruptcy 92 Section 8.3 Action if Other Event of Default 92 Section 8.4 Foreclosure on Collateral 92 Section 8.5 Appointment of Administrative Agent as Attorney in Fact 92 Section 8.6 Payments Upon Acceleration 93 Section 8.7 Swap Liabilities and Cash Management Liabilities 94 ARTICLE IX.


More Definitions of Swap Liabilities

Swap Liabilities means, at any relevant time, all liabilities of the Borrowers to the Swap Bank under or pursuant to the Swap Agreements, whether actual or contingent, present or future.
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Swap Liabilities means any and all obligations of the Parent or any of its Subsidiaries, whether absolute or contingent and howsoever and whensoever created, arising, evidenced or acquired, under (a) any and all Swap Agreements and (b) any and all cancellations, buy backs, reversals, terminations or assignments of any Swap Agreement transaction.
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Swap Liabilities means all Swap Payments due and payable but unpaid at that time to each of the Swap Banks who is a party to a Swap Agreement (for the avoidance of doubt, without prejudice to and after giving effect to any contractual set-off and/or netting provisions contained in that Swap Agreement);
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Swap Liabilities means the Liabilities arising under or in connection with the Swap Agreements including, for the avoidance of doubt, any closed out amount of any transactions entered into thereunder.
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Swap Liabilities shall not include any losses suffered by Swap Bank that are the subject of an indemnity claim by Participant under Section 9.
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Related to Swap Liabilities

  • Hedge Liabilities means collectively, the Foreign Currency Hedge Liabilities and the Interest Rate Hedge Liabilities.

  • Intra-Group Liabilities means the Liabilities owed by any member of the Group to any of the Intra-Group Lenders.

  • Hedging Liabilities means the Liabilities owed by any Debtor to the Hedge Counterparties under or in connection with the Hedging Agreements.

  • Excluded Hedge Liability or Liabilities means, with respect to each Borrower and Guarantor, each of its Swap Obligations if, and only to the extent that, all or any portion of this Agreement or any Other Document that relates to such Swap Obligation is or becomes illegal under the CEA, or any rule, regulation or order of the CFTC, solely by virtue of such Borrower’s and/or Guarantor’s failure to qualify as an Eligible Contract Participant on the Eligibility Date for such Swap. Notwithstanding anything to the contrary contained in the foregoing or in any other provision of this Agreement or any Other Document, the foregoing is subject to the following provisos: (a) if a Swap Obligation arises under a master agreement governing more than one Swap, this definition shall apply only to the portion of such Swap Obligation that is attributable to Swaps for which such guaranty or security interest is or becomes illegal under the CEA, or any rule, regulations or order of the CFTC, solely as a result of the failure by such Borrower or Guarantor for any reason to qualify as an Eligible Contract Participant on the Eligibility Date for such Swap; (b) if a guarantee of a Swap Obligation would cause such obligation to be an Excluded Hedge Liability but the grant of a security interest would not cause such obligation to be an Excluded Hedge Liability, such Swap Obligation shall constitute an Excluded Hedge Liability for purposes of the guaranty but not for purposes of the grant of the security interest; and (c) if there is more than one Borrower or Guarantor executing this Agreement or the Other Documents and a Swap Obligation would be an Excluded Hedge Liability with respect to one or more of such Persons, but not all of them, the definition of Excluded Hedge Liability or Liabilities with respect to each such Person shall only be deemed applicable to (i) the particular Swap Obligations that constitute Excluded Hedge Liabilities with respect to such Person, and (ii) the particular Person with respect to which such Swap Obligations constitute Excluded Hedge Liabilities.

  • Contingent Liabilities means, respectively, each obligation and liability of the Credit Parties and all such obligations and liabilities of the Credit Parties incurred pursuant to any agreement, undertaking or arrangement by which any Credit Party either: (i) guarantees, endorses or otherwise becomes or is contingently liable upon (by direct or indirect agreement, contingent or otherwise, to provide funds for payment, to supply funds to, or otherwise to invest in, a debtor, or otherwise to assure a creditor against loss) the indebtedness, dividend, obligation or other liability of any other Person in any manner (other than by endorsement of instruments in the course of collection), including without limitation, any indebtedness, dividend or other obligation which may be issued or incurred at some future time; (ii) guarantees the payment of dividends or other distributions upon the shares or ownership interest of any other Person; (iii) undertakes or agrees (whether contingently or otherwise): (A) to purchase, repurchase, or otherwise acquire any indebtedness, obligation or liability of any other Person or any property or assets constituting security therefor; (B) to advance or provide funds for the payment or discharge of any indebtedness, obligation or liability of any other Person (whether in the form of loans, advances, stock purchases, capital contributions or otherwise), or to maintain solvency, assets, level of income, working capital or other financial condition of any other Person; or (C) to make payment to any other Person other than for value received; (iv) agrees to lease property or to purchase securities, property or services from such other Person with the purpose or intent of assuring the owner of such indebtedness or obligation of the ability of such other Person to make payment of the indebtedness or obligation; (v) to induce the issuance of, or in connection with the issuance of, any letter of credit for the benefit of such other Person; or (vi) undertakes or agrees otherwise to assure or insure a creditor against loss. The amount of any Contingent Liability shall (subject to any limitation set forth herein) be deemed to be the outstanding principal amount (or maximum permitted principal amount, if larger) of the indebtedness, obligation or other liability guaranteed or supported thereby.