Derivatives Transactions. Enter into any Derivatives Transactions, except in the ordinary course of business consistent with past practice.
Derivatives Transactions. The Trust and the Securities Administrator are authorized, at the direction and the expense of the Holders of a majority of the Voting Rights allocated to the Class of Subordinate Certificates outstanding having the highest numerical designation (or, if no Subordinate Certificates are outstanding, a majority of the Voting Rights allocated to the Senior Certificates other than the Class A-R Certificates), to enter into such derivative transactions for the benefit of any Certificateholders as may be deemed desirable by such Holders, so long as (i) as evidenced by one or more Opinions of Counsel addressed to the Securities Administrator (at the expense of such Holders), the execution and delivery of such derivative transaction is permitted under this Agreement and the inclusion of such derivative in the Trust will not be inconsistent with the ERISA provisions contained herein or cause the Certificates (other than the ERISA-Restricted Certificates) to fail to qualify for the Underwriter’s Exemption, (ii) a REMIC Opinion (at the expense of such Holders) is delivered to the Securities Administrator, (iii) an Opinion of Counsel addressed to the Securities Administrator (at the expense of such Holders) that the execution and delivery of such derivative transaction and documentation as presented to the Securities Administrator is permitted under this Agreement, and (iv) the Rating Agency shall have confirmed in writing that the inclusion of such derivative would not result in a downgrade of its then rating of any Class of Certificates. 141
Derivatives Transactions. Borrower acknowledges and understands that the Collar Loan Documentation constitutes a structured transaction, and, in order to obtain the results intended by the parties of such agreements, the documents of the Collar Loan Documentation must be considered jointly.
Derivatives Transactions. Enter into any Derivatives Transactions.
Derivatives Transactions. Enter into any Derivatives Transactions, except in the ordinary course of business consistent with past practice, provided, however, that the Company shall obtain Parent’s prior written consent before entering into or modifying any interest rate cap or swap agreements or arrangements.
Derivatives Transactions. Each Lender or Affiliate thereof having Derivatives Transactions with any Loan Party shall deliver to the Administrative Agent, promptly after entering into Derivatives Transactions, written notice setting forth the aggregate amount of all Derivatives Transactions of such Loan Party to such Lender or Affiliate (whether matured or unmatured, absolute or contingent). In furtherance of that requirement, each such Lender or Affiliate thereof shall furnish the Administrative Agent, following the end of each calendar month, a summary of the amounts due or to become due in respect of such Derivatives Transactions including the Individual Lender’s Derivatives Exposure. The most recent information provided to the Administrative Agent shall be used in determining which tier of the waterfall, contained in Section 2.18(b), such Derivatives Secured Obligations will be placed.
Derivatives Transactions. No Loan Party will enter into or engage in any Derivatives Transactions (i) which would cause or result in a breach, default or contravention of any of the Base Note Indenture or the Notes; or (ii) for speculative purposes.
Derivatives Transactions. Subject to the terms of the Prospectus, the Subadviser is authorized to enter into Derivatives Transactions (as defined in Exhibit B) on behalf of the Fund, and, as set forth in subsection (e) below, to enter into all documents and agreements related thereto. In connection with the Fund’s Derivatives Transactions and in accordance with the requirements of the 1940 Act, the Subadviser is authorized to deposit or transfer any property as collateral with any agent or counterparty, to grant security interests in such collateral and to make any and all margin payments, all on such terms and conditions as the Subadviser shall determine. Exhibit B supplements the Agreement with representations, warranties and covenants by the Adviser and the Trust that the Subadviser will rely upon when entering into derivatives contracts and agreements relating to such transactions on behalf of the Fund.
Derivatives Transactions. No Credit Party will enter into or engage in any Derivatives Transactions (i) which would cause or result in a breach, default or contravention of any of the Existing Note Indentures or the Existing Senior Notes; or (ii) for speculative purposes.
Derivatives Transactions. The Borrower shall not, and shall not permit any of its Subsidiaries to enter into any derivative or other transaction with any financial institution, commodities or stock exchange or clearinghouse (a "DERIVATIVES COUNTERPARTY") obligating the Borrower or any Subsidiary to make payments to such Derivatives Counterparty as a result of any change in market value of any such Capital Stock.
