Common use of Hedge Agreements Clause in Contracts

Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock) and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower or any Subsidiary.

Appears in 20 contracts

Samples: Credit Agreement (Carmike Cinemas Inc), Credit Agreement (Lodgenet Interactive Corp), Credit Agreement (Carmike Cinemas Inc)

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Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the Borrower or any Restricted Subsidiary has actual or anticipated exposure (other than those in respect of Capital Stock) and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower or any Restricted Subsidiary.

Appears in 7 contracts

Samples: First Amendment Agreement (OPENLANE, Inc.), Credit Agreement (OPENLANE, Inc.), Credit Agreement (Advanced Drainage Systems, Inc.)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Agreement other than Hedge Agreements entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower directly arising from its borrowings under this Agreement or any Subsidiary has actual exposure (other than those in respect of Capital Stock) and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower or any SubsidiaryPari Passu Indebtedness.

Appears in 6 contracts

Samples: Agreement (Bunge LTD), Agreement (Bunge LTD), Agreement (Bunge LTD)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which in the Borrower or any Subsidiary has actual exposure (other than those in respect ordinary course of Capital Stock) business and not for speculative purposes, (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower Holdings or any SubsidiarySubsidiary and (c) any Hedge Agreements required to be entered into pursuant to the terms and conditions of this Agreement.

Appears in 6 contracts

Samples: Credit Agreement (INC Research Holdings, Inc.), Credit Agreement (INC Research Holdings, Inc.), Credit Agreement (INC Research Holdings, Inc.)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital StockStock or the Senior Subordinated Notes) and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower or any Subsidiary.

Appears in 4 contracts

Samples: Credit Agreement (Carmike Cinemas Inc), Credit Agreement (Del Pharmaceuticals, Inc.), Credit Agreement (Del Laboratories Inc)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock) and exposure, (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower or any SubsidiarySubsidiary and (c) any Hedge Agreements required to be entered into pursuant to the terms and conditions of this Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Microsemi Corp), Credit Agreement (Microsemi Corp), Credit Agreement (Microsemi Corp)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock) and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from floating to fixed to floating rates, from one floating rate to another floating rate or otherwise) rates with respect to any interest-bearing liability or investment of the Borrower or any Subsidiary.

Appears in 3 contracts

Samples: Credit Agreement (New World Restaurant Group Inc), Credit Agreement (New World Restaurant Group Inc), Credit Agreement (New World Restaurant Group Inc)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the Borrower or any Restricted Subsidiary has actual exposure (other than those in respect of Capital Stock) and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower or any Restricted Subsidiary.

Appears in 3 contracts

Samples: Credit Agreement (KAR Auction Services, Inc.), Credit Agreement (KAR Auction Services, Inc.), Intercreditor Agreement (KAR Auction Services, Inc.)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the Borrower Holdings or any Subsidiary has actual exposure (other than those in respect of Capital Stock) and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower Holdings or any Subsidiary.

Appears in 3 contracts

Samples: Credit Agreement (Alkermes Plc.), Credit Agreement (Alkermes Plc.), First Lien Credit Agreement (Alkermes Plc.)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock) and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower or any Subsidiary.

Appears in 3 contracts

Samples: Credit Agreement (Muzak Holdings LLC), Credit Agreement (Muzak Holdings LLC), Credit Agreement (Business Sound Inc)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Agreement other than Hedge Agreements entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower directly arising from its borrowings under this Agreement or any Subsidiary has actual exposure (other than those in respect of Capital Stock) and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower or any SubsidiaryPermitted Indebtedness.

Appears in 2 contracts

Samples: Agreement (Bunge Global SA), Agreement (Bungeltd)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock) and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower or any Subsidiary.

Appears in 2 contracts

Samples: Credit Agreement (Protection One Alarm Monitoring Inc), Credit Agreement (Protection One Alarm Monitoring Inc)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the either Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock) and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower or any Subsidiaryeither Borrower.

Appears in 2 contracts

Samples: Credit Agreement (Aveta Inc), Credit Agreement (Aveta Inc)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the Borrower Holdings or any Subsidiary has actual exposure (other than those in respect of Capital Stock) and exposure, (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower Holdings or any SubsidiarySubsidiary and (c) any Hedge Agreements required to be entered into pursuant to the terms and conditions of this Agreement.

Appears in 2 contracts

Samples: First Lien Term Loan Credit Agreement (Alkermes Plc.), Term Loan Credit Agreement (Alkermes Plc.)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which in the Borrower or any Subsidiary has actual exposure (other than those in respect ordinary course of Capital Stock) business and not for speculative purposes, (b) Hedge 111 Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower Holdings or any SubsidiarySubsidiary and (c) any Hedge Agreements required to be entered into pursuant to the terms and conditions of this Agreement.

Appears in 2 contracts

Samples: Credit Agreement (INC Research Holdings, Inc.), Credit Agreement (INC Research Holdings, Inc.)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the Borrower or any Restricted Subsidiary has actual exposure (other than those in respect of Capital Stock) and or potential exposure, (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from floating to fixed rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower or any SubsidiaryRestricted Subsidiary and (c) in connection with a Permitted Bond Hedge Transaction or Permitted Warrant Transaction.

Appears in 1 contract

Samples: Credit Agreement (Innoviva, Inc.)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the any Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock) and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the any Borrower or any Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Zila Inc)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into in good faith to hedge or mitigate risks to which the Borrower or any Subsidiary has actual may have exposure (other than those in respect of Capital StockStock or those entered into for speculative purposes) and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower or any Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (Websense Inc)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock) and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from floating to fixed to floating rates, from one floating rate to another floating rate or otherwise) rates with respect to any interest-bearing liability or investment of the Borrower or any Subsidiaryof its Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Einstein Noah Restaurant Group Inc)

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Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock) and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from floating to fixed to floating rates, from one floating rate to another floating rate or otherwise) rates with respect to any interest-bearing liability or investment of the Borrower or any Subsidiaryof its Subsidiaries, and (b) Hedge Agreements that are unsecured and entered into in the ordinary course of business for the bona fide purpose of forward purchasing commodities at a fixed price in connection with Borrower’s and its Subsidiaries’ operations and not for speculative purposes.

Appears in 1 contract

Samples: Credit Agreement (Einstein Noah Restaurant Group Inc)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into by the Borrowers to hedge or mitigate risks to which the Borrower Borrowers or any Subsidiary has actual exposure (other than those in respect of Capital Stock) and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest or currency rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower Borrowers or any Subsidiary.

Appears in 1 contract

Samples: Secured Revolving Credit Agreement (Monster Worldwide Inc)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the Borrower or any Restricted Subsidiary has actual exposure (other than those in respect of Capital Stock) and exposure, (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower or any SubsidiaryRestricted Subsidiary and (c) any Hedge Agreements required to be entered into pursuant to the terms and conditions of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Microsemi Corp)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock) and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower or any SubsidiarySubsidiary of Holdings.

Appears in 1 contract

Samples: Credit Agreement (Protection One Alarm Monitoring Inc)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock) and ), (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower or any SubsidiarySubsidiary and (c) any Hedge Agreements required to be entered into pursuant to the terms and conditions of this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Intersil Corp/De)

Hedge Agreements. Enter into any Hedge Agreement, except (ai) Hedge Agreements entered into to hedge or mitigate risks to which the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock) and (bii) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower or any Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (M & F Worldwide Corp)

Hedge Agreements. Enter into any Hedge AgreementAgreement with any Agent or Lender or any affiliate thereof, as counterparty, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the either Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock) and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the either Borrower or any Subsidiary.

Appears in 1 contract

Samples: Credit Agreement (FGX International Holdings LTD)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the either Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock) and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the either Borrower or any Subsidiaryof their respective Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Tube City IMS CORP)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital StockStock or the Senior Notes) and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower or any Subsidiary.

Appears in 1 contract

Samples: Revolving Credit Agreement (Haights Cross Communications Inc)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into by the Borrowers to hedge or mitigate risks to which the Borrower Borrowers or any Subsidiary has actual exposure (other than those in respect of Capital StockStock of any Loan Party) and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest or currency rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower Borrowers or any Subsidiary.

Appears in 1 contract

Samples: Secured Revolving Credit Agreement (Monster Worldwide Inc)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock) and (b) Hedge Agreements entered into in order to effectively cap, collar the Senior Subordinated Notes or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower or any SubsidiarySenior Notes).

Appears in 1 contract

Samples: Credit Agreement (Dobson Communications Corp)

Hedge Agreements. Enter into any Hedge Agreement, except (a) Hedge Agreements entered into to hedge or mitigate risks to which the either Borrower or any Subsidiary of its Subsidiaries has actual exposure (other than those in respect of Capital Stock) and (b) Hedge Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the either Borrower or any Subsidiaryof its Subsidiaries.

Appears in 1 contract

Samples: Credit Agreement (Trico Marine Services Inc)

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