Qualifying Counterparty definition

Qualifying Counterparty means, with respect to any Hedging Liability, any party that was a Lender or an Affiliate of a Lender under this Agreement at the time the hedging arrangement giving rise to such Hedging Liability was entered into.
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Qualifying Counterparty means a counterparty which is beneficially entitled to any amount payable in respect of this Agreement and is:
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Qualifying Counterparty means an entity listed in Schedule 2.4(b), which schedule may be modified or amended by mutual consent of the Company and HL from time to time up to the Closing.
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Examples of Qualifying Counterparty in a sentence

  • The aggregate number of Parent Class A Ordinary Shares and Parent Warrants earnable as Project Contingent Consideration with respect to each project with a Qualifying Counterparty shall be equal to the quotient of (i) twenty percent (20%) of the Net Present Value of the Power Purchase Agreement divided by (ii) €10.73, representing the aggregate agreed value of one Parent Class A Ordinary Share and one Parent Warrant.

  • Subject to sub-paragraph (d) below, the Member represents and warrants, on the date on which it enters into each Transaction, that it is a Qualifying Counterparty.

  • In these latest projects as many as 30 carpenters and 20 car mechanics will become trained in their professions by validating their non-formal and informal learning.

  • Section 20 of the WSA requires all amendments or variations to the WSA to be agreed to in writing by Enbridge Westspur and a Qualifying Counterparty Group before they may be binding.

  • Confirm that TEML Westspur has neither requested nor obtained any form of amendment or variation to the WSA by the Qualifying Counterparty Group in accordance with Section 20 (reference (C)).

  • Crescent Point’s complaint and submissions concerning alternate relief do not take the form of a notice provided by a Qualifying Counterparty Group as contemplated in section 6.3 and 12.2. Crescent Point’s complaint and submissions in this proceeding are consistent with the approach described in section 15.3 (referral of a dispute to the NEB).

  • We adopted the Principles for Financial Market Infrastructure introduced by CPSS-IOSCO, were certified as a Qualifying Counterparty under the Basel III framework, and have attained from the US Commodity Futures Trading Commission (CFTC) the status of a Derivatives Clearing Organization (DCO) and Foreign Board of Trade (FBOT).


More Definitions of Qualifying Counterparty

Qualifying Counterparty means a Person that (i) has (or is an Affiliate of a Person that has) at least three (3) years’ experience engineering, procuring, constructing, operating and maintaining large-scale solar photovoltaic electric generation facilities with integrated battery energy storage systems in the Gulf Coast region of the United States aggregating to at least 250 MW, (ii) has (or has a guaranty of its obligations under this Agreement from a Person having) a tangible net worth of at least $[●], and (iii) is not, and during the period commencing four (4) years prior to the date of an assignment of this Agreement to such Person has not been, involved in Action that is adverse to Entergy Corporation or any of its Affiliates that involves or involved, as the case may be, (a) the potential imposition of criminal liability on Entergy Corporation or any of its Affiliates (or its or their respective Representatives), (b) the potential imposition on Entergy Corporation or any of its Affiliates of new or additional adverse regulation, (c) claims against Entergy Corporation or any of its Affiliates (or its or their respective Representatives) for or of slander, libel, defamation, damage to reputation, or other similar legal claims, or (d) an amount in controversy exceeding One Million Dollars ($1,000,000).
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Qualifying Counterparty means, with respect to a Qualifying Derivative Contract, any Person that was a First Lien Secured Party or any agent or Affiliate thereof at the time such Qualifying Derivative Contract was originally entered into.
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Qualifying Counterparty means (a) any Person that either has a public corporate credit rating and corporate family rating no lower than BBB− from S&P and Baa3 from Mxxxx’x or has provided credit support acceptable to the Company in good faith in favor of the Company or the applicable Restricted Subsidiary in connection with any contract entered into with such Person, which credit support shall be comprised of either (x) a guarantee from (i) an Affiliate of such Person that has a public corporate credit rating and corporate family rating of no lower than BBB− from S&P and Baa3 from Mxxxx’x or (ii) a Person described in clause (b) below or (y) one or more surety or performance bonds or a letter or letters of credit from any domestic office of any financial institution or commercial bank that has a public corporate credit rating and corporate family rating of no lower than BBB+ from S&P and Baa1 from Mxxxx’x and (b) any other Person selected by the Company in a manner consistent with Prudent Industry Practices.
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Qualifying Counterparty means each of the counterparties listed in the Annex or their Affiliates and any third party selected by the Counterparty in its reasonable discretion as an acceptable credit default swap counterparty for the purposes of obtaining Alternative Quotations provided that, (a) if one of the counterparties listed in the Annex ceases or has ceased to exist, or a Bankruptcy (as defined in the Credit Derivatives Definitions) occurs with respect to any such counterparty, it will be deleted from the Annex and (b) to the extent two or more of the counterparties listed in the Annex merge, the Annex shall be adjusted by the Calculation Agent accordingly, incorporating the surviving entity.
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Qualifying Counterparty means a Person that (i) has (or is an Affiliate of a Person that has) at least three (3) years’ experience engineering, procuring, constructing, operating and maintaining large-scale solar photovoltaic electric generation facilities with integrated battery energy storage systems in the Gulf Coast region of the United States aggregating to at least 250 MW, (ii) has (or has a guaranty of its obligations under this Agreement from a Person having) a tangible net worth of at least $[●], and (iii) is not, and during the period commencing four (4) years prior to the date of an assignment of this Agreement to such Person has not been, involved in Action that is adverse to Entergy Corporation or any of its Affiliates that involves or involved, as the case may be, (a) the potential imposition of criminal liability on Entergy Corporation or any
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Qualifying Counterparty means (a) any Person that was a Lender or an Affiliate of a Lender at the time the applicable Swap Contract or Treasury Management Agreement was entered into with any Loan Party or any Subsidiary and (b) any Lender on the Effective Date or Affiliate of such Lender that is party to a Swap Contract or Treasury Management Agreement with any Loan Party or any Subsidiary in existence on the Effective Date. “Rate Determination Date” means, with respect to any Interest Period, two (2) Business Days prior to the commencement of such Interest Period (or such other day as is generally treated as the rate fixing day by market practice in such interbank market, as determined by the Administrative Agent; provided, that, to the extent such market practice is not administratively feasible for the Administrative Agent, such other day as otherwise reasonably determined by the Administrative Agent). “Recipient” means the Administrative Agent, any Lender, the L/C Issuer or any other recipient of any payment to be made by or on account of any obligation of any Loan Party hereunder. “Refinancing Indebtedness” has the meaning specified in Section 8.01(n). “Register” has the meaning specified in Section 11.06(c). “Related Parties” means, with respect to any Person, such Person’s Affiliates and the partners, directors, officers, employees, agents, trustees, administrators, managers, advisors and representatives of such Person and of such Person’s Affiliates. “Release” means any release, spill, emission, leaking, dumping, injection, pouring, deposit, disposal, discharge, dispersal, leaching or migration into or through the environment or within, under, from or upon any building, structure, facility or fixture. “Release of Collateral Event” means any time that (a) no Default or Event of Default has occurred and is continuing and (b) the Parent Borrower simultaneously maintains the Requisite Ratings. “Released Guarantors” means each of Xxxxx Overseas and Xxxxx Middle East, LLC, a Delaware limited liability company. “Relevant Governmental Body” means the Federal Reserve Board and/or the Federal Reserve Bank of New York, or a committee officially endorsed or convened by the Federal Reserve Board and/or the Federal Reserve Bank of New York for the purpose of recommending a benchmark rate to replace LIBOR in loan agreements similar to this Agreement. “Removal Effective Date” means as provided in Section 10.06(b). 32 CHAR1\1732710v2
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Related to Qualifying Counterparty

  • Eligible Counterparty means an “Eligible Counterparty” for the purposes of the Law.

  • Reporting Counterparty means, for purposes of Part 45 of CFTC Regulations, the Participant or Authorized Trader that is designated as such pursuant to Rule 528(b).

  • Acceptable Counterparty means any counterparty to the Interest Rate Cap Agreement that has and shall maintain, until the expiration of the applicable Interest Rate Cap Agreement, a long-term unsecured debt rating of at least “A+” by S&P and “Aa3” from Xxxxx’x, which rating shall not include a “t” or otherwise reflect a termination risk and is otherwise reasonably acceptable to Lender.

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

  • Qualifying country means a country with a reciprocal defense procurement memorandum of understanding or international agreement with the United States in which both countries agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country, and the memorandum or agreement complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with 10 U.S.C. 2457. Accordingly, the following are qualifying countries:

  • Eligible Swap Counterparty means an entity, which may be an affiliate of a remarketing agent, engaged in the business of entering into derivative instrument contracts that satisfies the Rating Agency Condition.

  • Hedge Counterparty means a Lender, the Administrative Agent or any of the Lender’s or the Administrative Agent’s affiliates (at the time a hedging agreement is entered into) who has entered into a hedging agreement for the purpose of hedging interest rate liabilities and/or any exchange rate and/or commodity price risks provided it has become a party, or by execution of an additional bank secured party acknowledgment has agreed to be bound by the terms of, to the First Lien Intercreditor Agreement in its capacity as hedge counterparty.

  • Qualified Counterparty with respect to any Specified Hedge Agreement, any counterparty thereto that, at the time such Specified Hedge Agreement was entered into, was a Lender or an affiliate of a Lender.

  • Hedge Counterparty Ratings Requirement means (a) either (i) the unsecured, short-term debt obligations of the substitute counterparty (or its Credit Support Provider) are rated at least “A-1” by S&P or (ii) if the substitute counterparty does not have a short-term rating from S&P, the unsecured, long-term senior debt obligations of the substitute counterparty (or its Credit Support Provider) are rated at least “A+” by S&P, (b) either (i) the unsecured, long-term senior debt obligations of such substitute counterparty (or its Credit Support Provider) are rated at least “A1” by Moody’s (and if rated “A1” by Moody’s, such rating is not on watch for possible downgrade to below “A1”) and the unsecured, short-term debt obligations of such substitute counterparty (or its Credit Support Provider) are rated at least “P-1” by Moody’s (and if rated “P-1” by Moody’s, such rating is not on watch for possible downgrade and remaining on watch for possible downgrade), or (ii) if such substitute counterparty (or its Credit Support Provider) does not have a short-term debt rating from Moody’s, the unsecured, long-term senior debt obligations of such substitute counterparty (or its Credit Support Provider) are rated at least “Aa3” by Moody’s (and if rated “Aa3” by Moody’s, such rating is not on watch for possible downgrade to below “Aa3”), and (c) either (i) the unsecured, long-term senior debt obligations of such substitute counterparty (or its Credit Support Provider) are rated at least “A” by Fitch or (ii) the unsecured, short-term debt obligations of such substitute counterparty (or its Credit Support Provider) are rated at least “F1” by Fitch. For the purpose of this definition, no direct or indirect recourse against one or more shareholders of the substitute counterparty (or against any Person in control of, or controlled by, or under common control with, any such shareholder) shall be deemed to constitute a guarantee, security or support of the obligations of the substitute counterparty.

  • Qualifying Bank means any entity, which effectively conducts banking activities as principal purpose with its own infrastructure and staff and which is recognized as a bank by the banking laws in force in the jurisdiction of its incorporation, or if such entity is acting through a branch in a jurisdiction other than the jurisdiction of its incorporation, in the jurisdiction where such branch is located or registered all in accordance with the Swiss Guidelines.

  • Counterparty means PJMSettlement as the contracting party, in its name and own right and not as an agent, to an agreement or transaction with a Market Participant or other entities, including the agreements and transactions with customers regarding transmission service and other transactions under the PJM Tariff and the Operating Agreement. PJMSettlement shall not be a counterparty to (i) any bilateral transactions between Members, or (ii) any Member’s self- supply of energy to serve its load, or (iii) any Member’s self-schedule of energy reported to the Office of the Interconnection to the extent that energy serves that Member’s own load.

  • Qualifying Notes means, with respect to each applicable series of senior preferred debt securities, each series of senior non preferred debt securities and each series of subordinated debt securities, at any time, any securities issued directly by Banco Santander that have terms not otherwise materially less favorable to the holders of the senior preferred debt securities of such series, senior non preferred debt securities of such series or subordinated debt securities of such series than the terms of the senior preferred debt securities of such series, senior non preferred debt securities of such series or subordinated debt securities of such series, as applicable, provided that Banco Santander shall have delivered a certificate signed by two directors of Banco Santander to that effect to the Trustee not less than five Business Days prior to (x) in the case of a substitution of the senior preferred debt securities of the applicable series, the senior non preferred debt securities of any series or the subordinated debt securities of any series, as applicable, pursuant to “—Substitution and Variation”, the issue date of the relevant securities or (y) in the case of a variation of the senior preferred debt securities of the applicable series, the senior non preferred debt securities of any series or the subordinated debt securities of any series, as applicable, pursuant to “—Substitution and Variation”, the date such variation becomes effective, provided that such securities shall:

  • Approved Counterparty means (a) any Lender or any Affiliate of a Lender and (b) any other Person whose long term senior unsecured debt rating is A-/A3 by S&P or Xxxxx’x (or their equivalent) or higher.

  • Swap Provider Trigger Event A Swap Termination Payment that is triggered upon: (i) an Event of Default under the Interest Rate Swap Agreement with respect to which the Swap Provider is a Defaulting Party (as defined in the Interest Rate Swap Agreement), (ii) a Termination Event under the Interest Rate Swap Agreement with respect to which the Swap Provider is the sole Affected Party (as defined in the Interest Rate Swap Agreement) or (iii) an Additional Termination Event under the Interest Rate Swap Agreement with respect to which the Swap Provider is the sole Affected Party.

  • Swap Counterparty means Lender or an Affiliate of Lender, in its capacity as counterparty under any Swap Contract.

  • Swap Counterparty Trigger Event A Swap Counterparty Trigger Event shall have occurred if any of a Swap Default with respect to which the Swap Counterparty is a Defaulting Party, a Termination Event with respect to which the Swap Counterparty is the sole Affected Party or an Additional Termination Event with respect to which the Swap Counterparty is the sole Affected Party has occurred.

  • Swap Provider The swap provider under the Swap Agreement either (a) entitled to receive payments from the Supplemental Interest Trust or (b) required to make payments to the Supplemental Interest Trust, in either case pursuant to the terms of the Swap Agreement, and any successor in interest or assign. Initially, the Swap Provider shall be Deutsche Bank AG New York Branch.

  • Qualifying Party means (a) a Limited Partner, (b) an Assignee or (c) a Person, including a lending institution as the pledgee of a Pledge, who is the transferee of a Limited Partner Interest in a Permitted Transfer; provided, however, that a Qualifying Party shall not include the Special Limited Partner.

  • Qualifying Company means a qualifying company within the meaning of section 110 of the Taxes Act;

  • Qualifying Control Agreement means an agreement, among a Loan Party, a depository institution or securities intermediary and the Administrative Agent, which agreement is in form and substance acceptable to the Administrative Agent and which provides the Administrative Agent with “control” (as such term is used in Article 9 of the UCC) over the deposit account(s) or securities account(s) described therein.

  • Qualifying Transaction means a transaction where a CPC acquires Significant Assets, other than cash, by way of purchase, amalgamation, merger or arrangement with another Company or by other means.

  • Counterparty Downgrade Collateral Account means an interest-bearing account of the Issuer with the Custodian into which all Counterparty Downgrade Collateral is to be deposited.

  • qualifying person means a person in respect of whom payment has been made from the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation or the London Bombings Relief Charitable Fund;

  • Derivative Counterparty means any party to any Derivative Agreement other than the Issuer or the Indenture Trustee.

  • Qualifying child means an individual who:

  • qualifying interest means the aggregate interest, discount or original issue discount receivable by a resident individual in any year of income