Example ContractsClausesHedging Agreement
Remove:

Hedging. [[Organization C:Organization]] shall hedge all Purchased Assets in accordance with [[Organization C:Organization]]’s hedging policies. Unless otherwise requested by [[Organization B:Organization]], [[Organization C:Organization]] shall deliver to [[Organization B:Organization]] once per week, a hedging report, in a form reasonably satisfactory to [[Organization B:Organization]]. [[Organization C:Organization]] shall # review the hedging policies periodically to confirm that they are being complied with in all material respects and are adequate to meet [[Organization C:Organization]]’s business objectives and # in the event [[Organization C:Organization]] makes any material amendment or modification to the hedging policies, [[Organization C:Organization]] shall within ten (10) days of such material amendment or modification, deliver to [[Organization B:Organization]] a complete copy of the amended or modified hedging policies. Additionally, [[Organization B:Organization]] may in its reasonable discretion request a current copy of [[Organization C:Organization]]’s hedging policies at any time.

Hedging Obligations. The Company will not, nor will it permit any Subsidiary to, enter into any Hedging Arrangement other than Hedging Arrangements entered into by the Company or such Subsidiary pursuant to which the Company or such Subsidiary has hedged its reasonably estimated interest rate, foreign currency or commodity exposure and which are non-speculative in nature.

Hedging Transactions. The Lender shall not engage in any hedging transaction with respectto the Exchange Securities before the distribution compliance period expires unless in compliance with the Securities Act.

Hedging Agreements Enter into any Hedging Agreement, except to hedge risks arising in the Ordinary Course of Business and not for speculative purposes

Shorting and Hedging. [[Organization B:Organization]] may not engage in any “shorting” or “hedging” transaction(s) in the Common Stock of [[Organization A:Organization]] prior to conversion.

Interest Rate Hedging. [[Organization B:Organization]] shall at all times hedge against the interest rate risk associated with any and all Mortgage Loans owned in whole or in part by [[Organization B:Organization]], as may be reasonably required by [[Organization C:Organization]] from time to time.

Limitation on Speculative Hedging. (a) Purchase, assume, or hold a speculative position in any commodities market or futures market or enter into any Hedging Arrangement for speculative purposes or taking a “market view” or # be party to or otherwise enter into any Hedging Arrangement that is entered into for reasons other than as a part of its normal business operations as a risk management strategy and/or hedge against changes resulting from market conditions related to the Borrower’s or its Subsidiaries’ operations.

Collateral Matters; Hedging Counterparties. (a) Notwithstanding anything to the contrary in any Loan Document, a Guarantor shall automatically be released from its obligations under the Loan Documents, and all security interests created by the Security Documents in Collateral owned by such Guarantor shall be automatically released, upon the consummation of any transaction permitted by this Agreement as a result of which such Guarantor ceases to be a Subsidiary; provided that, if so required by this Agreement, the Majority [[Organization B:Organization]] shall have consented to such transaction and the terms of such consent shall not have provided otherwise. Upon any sale or other disposition by any Loan Party (other than to any other Loan Party) of any Collateral in a transaction permitted under this Agreement, or upon the effectiveness of any written consent to the release of the security interest created under any Security Document in any Collateral pursuant to Section 10.01, the security interests in such Collateral created by the Security Documents shall be automatically released. In connection with any termination or release pursuant to this Section 10.15(a), the Administrative Agent shall execute and deliver to any Loan Party, at such Loan Party’s expense, all documents that such Loan Party shall reasonably request to evidence such termination or release. Any execution and delivery of documents pursuant to this Section shall be without recourse to or warranty by the Administrative Agent.

Limitation on Speculative Hedging. (a) Enter into any Swap Contract for speculative purposes, or # be party to or otherwise enter into any Swap Contract which is entered into for reasons other than as a part of its normal business operations as a risk management strategy and/or hedge against changes resulting from market conditions related to the Borrowers’ or their Restricted Subsidiaries’ operations.

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;

Select clause to view document information.

Draft better contracts
faster with AllDrafts

AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.

And AllDrafts generates clean Word and PDF files from any draft.