Qualifying Hedge Counterparty definition

Qualifying Hedge Counterparty means (i) a counterparty which at all times satisfies all then applicable counterparty criteria of S&P or Moody’s for eligibility to serve as counterparty under a structured finance transaction rated “A+”, in the case of S&P or “A1”, in the case of Moody’s or (ii) an affiliate of any Funding Agent (in which case rating agency counterparty criteria shall not be applicable).

Qualifying Hedge Counterparty means (i) a counterparty which at all times satisfies all then applicable counterparty criteria of S&P or Xxxxx’x for eligibility to serve as counterparty under a structured finance transaction rated “[***]”, in the case of S&P or “[***]”, in the case of Xxxxx’x or (ii) an affiliate of any Funding Agent (in which case rating agency counterparty criteria shall not be applicable), provided that, for the avoidance of doubt, the parties hereto agree that as of the Ninth Amendment Effective Date, Credit Suisse International meets such requirement and will continue to constitute a Qualifying Hedge Counterparty hereunder so long as it continues to meet such requirement.

Qualifying Hedge Counterparty means (i) a counterparty which at all times satisfies all then applicable counterparty criteria of S&P or Xxxxx’x for eligibility to serve as counterparty under a structured finance transaction rated “[***]”, in the case of S&P or “[***]”, in the case of Xxxxx’x that has executed a Qualifying Hedge Counterparty Joinder or (ii) a Lender, a Funding Agent, or an Affiliate of any Lender or Funding Agent (in which case rating agency counterparty criteria shall not be applicable and no Qualifying Hedge Counterparty Joinder shall be necessary).

Examples of Qualifying Hedge Counterparty in a sentence

• The Agent may resign at any time by giving written notice thereof to the Lenders, the Funding Agents, each Qualifying Hedge Counterparty, the Custodian, the Back-Up Servicer and the Borrower, and the Agent may be removed at any time for cause by written notice received by the Agent from all of the Lenders.

• A) Each Committed Lender, each Funding Agent and each Qualifying Hedge Counterparty authorizes the Agent to enter into each of the Transaction Documents to which it is a party and each Lender, each Funding Agent and each Qualifying Hedge Counterparty authorizes the Agent to take all action contemplated by such documents in its capacity as Agent.

• Each of the Funding Agents, the Lenders and each Qualifying Hedge Counterparty agree to assert no claim against the Agent on any agency theory or any other theory of liability for breach of fiduciary duty, all of which claims each Funding Agent, each Lender and each Qualifying Hedge Counterparty waives.

• The Agent shall have no implied duties or fiduciary duties to the Funding Agents, the Lenders or to any Qualifying Hedge Counterparty, or any obligation to the Funding Agents, the Lenders or any Qualifying Hedge Counterparty to take any action hereunder or under any of the other Transaction Documents except any action specifically provided by the Transaction Documents required to be taken by the Agent.

• The Agent shall be entitled to advice of counsel concerning the contractual arrangement between the Agent and the Funding Agents, the Lenders or any Qualifying Hedge Counterparty and all matters pertaining to the Agent’s duties hereunder and under any other Transaction Document.

More Definitions of Qualifying Hedge Counterparty

Qualifying Hedge Counterparty means a counterparty which at all times satisfies all then applicable counterparty criteria of S&P or Xxxxx’x for eligibility to serve as counterparty under a structured finance transaction rated “[***]”, in the case of S&P or “[***]”, in the case of Xxxxx’x, provided that, for the avoidance of doubt, the parties hereto agree that as of the Second Amendment and Restatement Date, Credit Suisse International meets such requirement and will continue to constitute a Qualifying Hedge Counterparty hereunder so long as it continues to meet such requirement.

Qualifying Hedge Counterparty means (a) DZ Bank or (b) any other financial institution that is in the business of entering into interest rate swap transactions or interest rate cap transactions, is acceptable to the Agent and has a short-term debt rating of at least “A-1” from S&P and “P-1” from Xxxxx’x and a long-term debt rating of at least “A” from S&P and “A2” from Xxxxx’x.

Qualifying Hedge Counterparty means a counterparty to a Hedging Agreement that is, at the time of entry into a Hedging Agreement, a JMLA or a Lender.

Qualifying Hedge Counterparty means (i) a counterparty which at all times satisfies all then applicable counterparty criteria of S&P or Moody’s for eligibility to serve as counterparty under a structured finance transaction rated “[***]”, in the case of S&P or “[***]”, in the case of Moody’s that has executed a Qualifying Hedge Counterparty Joinder or (ii) a Lender, a Funding Agent, or an Affiliate of any Lender or Funding Agent (in which case rating agency counterparty criteria shall not be applicable and no Qualifying Hedge Counterparty Joinder shall be necessary).

Qualifying Hedge Counterparty means (i) a counterparty which at all times satisfies all then applicable counterparty criteria of S&P or Moody’s for eligibility to serve as counterparty under a structured finance transaction rated “A+”, in the case of S&P or “A1”, in the case of Moody’s that has executed a Qualifying Hedge Counterparty Joinder or (ii) a Lender, a Funding Agent, or an Affiliate of any Lender or Funding Agent (in which case rating agency [***] = Certain information has been excluded from this exhibit because it is both not material and would likely cause competitive harm to the company if publicly disclosed. counterparty criteria shall not be applicable and no Qualifying Hedge Counterparty Joinder shall be necessary).

Qualifying Hedge Counterparty means (a) KeyBank or (b) such other financial institution reasonably approved by the Agent and having its long term unsecured debt obligations rated at least AA- by S&P and Aa3 by Moody’s.

Qualifying Hedge Counterparty means (i) Credit Suisse International, (ii) a Lender or any Affiliate of a Lender or (iii) a counterparty the senior unsecured debt obligations or senior deposits of which are rated at least “A+”, in the case of S&P or at least “A1”, in the case of Xxxxx’x; provided that clause (i) of this definition shall only be applicable to Hedge Agreements entered into prior to the Fourth Amendment Effective Date. “Qualifying Takeout Transaction” means a Takeout Transaction that results in a reduction of the Aggregate Outstanding Advances by an amount equal to [***]. “Qualifying Tax Credit Purchaser” means (i) a Tax Credit Purchaser the senior unsecured debt obligations or senior deposits of which are rated, or the long term insurer financial strength of which is rated at least (x) as of the date the related Tax Credit Sale Contract is entered into (or, if later, the date on which the related Tax Equity Fund is first included in the Borrowing Base), “BBB” (and, if rated less “A”, with a stable or positive outlook), in the case of S&P or Fitch or “Baa2” (and, if rated less “A2”, with a stable or positive outlook), in the case of Xxxxx’x and (y) at all other times, “BBB-” (and, if rated less “A”, with a stable or positive outlook), in the case of S&P or Fitch or “Baa3” (and, if rated less “A2”, with a stable or positive outlook), in the case of Xxxxx’x, (ii) a Tax Credit Purchaser whose obligations under the Tax Credit Sale Contract are fully and unconditionally guaranteed by a Person the senior unsecured debt obligations or senior deposits of which are rated, or the long term insurer financial strength of which is rated at least (x)