“Swap Obligation” has the meaning specified in the definition of “Excluded Swap Obligation.”

“Swap Obligation” has the meaning specified in the definition of “Excluded Swap Obligation.”

“Swap Obligation” has the meaning specified in the definition of “Excluded Swap Obligation.”

“Excluded Swap Obligation”: with respect to an Obligor, # any Swap Obligation as to which, and only to the extent that, all or a portion of the guaranty by such Obligor of or grant of a Lien by such Obligor as security for such Swap Obligation is or becomes illegal under the Commodity Exchange Act or any rule, regulation or order of the Commodity Futures Trading Commission (or the application or official interpretation of any thereof) or # any other Swap Obligation designated as an “Excluded Swap Obligation” of such Obligor as specified in any agreement between the relevant Obligors and hedge counterparty applicable to such Swap Obligations, and agreed by Administrative Agent. If a Hedging Agreement governs more than one Swap Obligation, only the Swap Obligation(s) or portions thereof described in the foregoing sentence shall be Excluded Swap Obligation(s) for the applicable Obligor.

when such guaranty or grant of Lien becomes effective with respect to the Swap Obligation. If a hedging agreement governs more than one Swap Obligation, only the Swap Obligation(s) or portions thereof described in the foregoing sentence shall be Excluded Swap Obligation(s) for the applicable Obligor.

“Excluded Swap Obligation” means, with respect to any Guarantor,

Swap Representations. Borrower hereby represents and warrants to Lenders and covenants that:

Swap Covenants. Borrower hereby covenants that:

. Enter into any Swap Agreement, except # Swap 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, the 5.00% Secured Senior Notes or the Secured Senior Notes), # Swap 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, # any Permitted Bond Hedge and # any Permitted Warrant.

. Enter into any Swap Agreement, except # Swap 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[[Borrower:Organization]], # Swap 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[[Borrower:Organization]] with respect to any interest-bearing liability or investment of the Borrower or any Subsidiary and # Permitted Equity Derivative Instruments.