Examples of Secured Counterparty in a sentence
Maintain in full force for any Secured Counterparty without an Investment Grade Rating, a Secured Counterparty Parent Guaranty or Acceptable Credit Support.
Amend, modify or supplement any Material Contract, including, the Secured Counterparty Contracts, and the Senior Notes, if such amendment, modification or supplement would materially increase the obligations of the obligor or be materially adverse to the interests of any Loan Party or any Secured Party.
Under the Facility, the Company and the Secured Counterparties from time to time will enter into transactions involving the purchase and sale of electrical energy, generating capacity, fuel and other energy related commodities and other Energy Transactions (as such term is defined in the Common Agreement) pursuant to the Secured Counterparty ISDA Agreements (as such term is defined in the Common Agreement).
The Security Agent, each Bank, each Institution and each Secured Counterparty hereby agrees that the liens and security interests granted to the Security Agent under the Security Documents shall be treated, as among the Secured Parties, as having equal priority and shall at all times be shared by the Secured Parties as provided herein.
The Security Agent shall have no duty to inquire as to the application by the Administrative Agent, any Institution, the Issuing Bank, any Bond Trustee, any Secured Counterparty or any other holders of Senior Debt of any amounts distributed to them under this Agreement or any other Security Document.
Notwithstanding any other provision of this Agreement to the contrary, the Collateral Agent shall not be required to verify the payment of, or that other satisfactory arrangements have been made with respect to, Secured Obligations arising under Bank Product Agreements and Swap Agreements unless the Collateral Agent has received written notice of such Secured Obligations, together with such supporting documentation as the Collateral Agent may request, from the applicable Secured Counterparty.
WILMINGTON TRUST FSB, as Note Collateral Agent By: /s/ Xxxx Xxxxxxxxx Name: Xxxx Xxxxxxxxx Title: Vice President CREDIT SUISSE ENERGY, LLC, as Crack Spread Hedging Secured Counterparty By: /s/ Xxxxx X.
A Person may become a Secured Counterparty by entering into a Common Agreement Joinder with the Credit Parties and the Agent and by entering into a Secured Counterparty ISDA Agreement which is consistent with the terms and provisions of the Facility Documents.
No Indemnitee shall be liable for any damages arising from the use by unintended recipients of any information or other materials distributed by it through telecommunications, electronic or other information transmission systems in connection with the Facility Documents or the transactions contemplated thereby; provided, that nothing in this Section 5.04(d) shall relieve any Secured Counterparty from its obligations under Sections 8.09 or 9.12 or the Agent from its obligations under Section 9.12.
This Agreement, the other Facility Documents and the Fee Letter and the Secured Counterparty ISDA Agreements constitute the entire agreement and understanding among the parties hereto and supersede any and all prior agreements and understandings, oral or written, relating to the subject matter hereof and thereof.