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

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.

Agreements and Acknowledgements Regarding Hedging. [[Organization B:Organization]] understands, acknowledges and agrees that: # at any time on and prior to the Expiration Date, [[Organization A:Organization]] and its affiliates may buy or sell Shares or other securities or buy or sell options or futures contracts or enter into swaps or other derivative securities in order to adjust its hedge position with respect to the Transaction; # [[Organization A:Organization]] and its affiliates also may be active in the market for Shares other than in connection with hedging activities in relation to the Transaction; # [[Organization A:Organization]] shall make its own determination as to whether, when or in what manner any hedging or market activities in securities of Issuer shall be conducted and shall do so in a manner that it deems appropriate to hedge its price and market risk with respect to the “Daily VWAP” (as defined in the Indenture); # any market activities of [[Organization A:Organization]] and its affiliates with respect to Shares may affect the market price and volatility of Shares, as well as the “Daily VWAP” (as defined in the Indenture), each in a manner that may be adverse to [[Organization B:Organization]]; and # the Transaction is a derivatives transaction in which it has granted [[Organization A:Organization]] an option, and [[Organization A:Organization]] may purchase shares for its own account at an average price that may be greater than, or less than, the price paid by [[Organization B:Organization]] under the terms of the Transaction.

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.

“Lender Hedging Agreements” means all Hedging Agreements entered into by ​ or any Subsidiary with a Hedging Lender.

the hedging transactions documented by the Hedging Agreements;

SECTION # Hedging Agreements. None of Holdings, the Borrower or any other Subsidiary will enter into any Hedging Agreement, except Hedging Agreements entered into for bona fide purposes and not for speculation.

“Hedging Obligations” shall mean obligations under or with respect to Hedging Agreements.

Indebtedness under Hedging Agreements, provided that such Hedging Agreements are entered into in the ordinary course of business to hedge or mitigate risks as to which ​ or any of ​ reasonably believes it is exposed in the conduct of its business or the management of its liabilities;