Any repayment or prepayment made pursuant to this Section shall not affect the Borrowers’ obligation to continue to make payments under any Hedging Agreement, which shall remain in full force and effect notwithstanding such repayment or prepayment, subject to the terms of such Hedging Agreement.
Designated Hedging Agreement means Specified Hedge Agreements that are designated by the Qualified Counterparty and Borrower Representative in writing to the Administrative Agent as a Designated Hedging Agreement and the Qualified Counterparty shall have provided the MTM value on the date of such designation.
“Lender Hedging Agreements” means all Hedging Agreements entered into by or any Subsidiary with a Hedging Lender.
SECTION # Hedging Agreements. The Borrower and each Restricted Subsidiary will ensure that any Hedging Agreement that is entered into by the Borrower or any Restricted Subsidiary is, at the time entered into, for non-speculative purposes.
"Hedging Agreement" shall mean any interest rate protection agreement, foreign currency exchange agreement, commodity price protection agreement or other interest or currency exchange rate or commodity price hedging arrangement, including any interest or exchange rate exposure management agreement or arrangement in respect of Canadian dollars, U.S. dollars, or any other currency in which a Loan Party is doing business.
Liens securing Hedging Obligations and Cash Management Services permitted to be incurred under this Agreement, so long as the related Indebtedness is, and is permitted under this Agreement to be, secured by a Lien on the same property securing such Hedging Obligations or Cash Management Services;
Hedging Agreement: any “swap agreement” as defined in [Section 101(53B)(A)] of the Bankruptcy Code.
the hedging transactions documented by the Hedging Agreements;
As additional security hereunder, the Borrower will collaterally assign to the Administrative Agent for the benefit of the Secured Parties, at the time each Hedging Agreement is entered into, all right, title and interest of the Borrower in the Hedge Collateral. The Borrower acknowledges that, as a result of that assignment, the Borrower may not, without the prior written consent of the Administrative Agent (acting at the direction of the Required Lenders), exercise any rights under any Hedging Agreement or Hedge Transaction, except for # the Borrower’s right under any Hedging Agreement to enter into Hedge Transactions in order to meet the Borrower’s obligations hereunder, # the Borrower’s right to unwind the Hedge Transactions and terminate any Hedging Agreement to the extent the aggregate notional amount of the Hedge Transactions exceed 100.0% of the Loans Outstanding at any such time, # the Borrower’s right to unwind the Hedge Transactions and terminate any Hedging Agreement to the extent an Interest Rate Hedge Trigger that has occurred is no longer continuing and # the Borrower’s right to terminate and replace the Hedging Agreement entered into with a Hedge Counterparty where a “Termination Event” or “Event of Default” has occurred with respect to the Hedge Counterparty. Nothing herein shall have the effect of releasing the Borrower from any of its obligations under any Hedging Agreement or any Hedge Transaction, nor be construed as requiring the consent of any Secured Party for the performance by the Borrower of any such obligations.
any losses attributable to early extinguishment of Indebtedness or obligations under any Hedging Agreement;
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