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Swap Agreements
Swap Agreements contract clause examples

. TCF or an Affiliate of TCF may, at Borrower’s request and at the sole discretion of TCF or such Affiliate, enter into one or more TCF Swap Agreements with Borrower from time to time, on such terms and conditions pursuant to such TCF Swap Agreement documents as TCF or such Affiliate shall require. Any existing or future TCF Swap Agreement is and shall be secured by the Security Instrument and any and all other collateral granted to Administrative Agent under the Loan Documents, and Borrower hereby assigns to TCF, and grants TCF a lien on and security interest in, all collateral now or hereafter securing the Loan. Borrower further grants and assigns to TCF and its Affiliates, to secure all Obligations, a security interest in all of Borrower’s existing and future rights, title and interest to the payment of money from TCF or its Affiliates under any TCF Swap Agreement. Borrower agrees to execute such agreements, assignments and other documents and take such further actions as Administrative Agent may reasonably request to evidence, perfect and effectuate all of the foregoing rights and interests of

Swap Agreements. Enter into any Swap Agreement, except # Swap Agreements entered into to hedge or mitigate risks associated with liabilities, commitments, investments, assets, or property held or reasonably anticipated by the Borrower or any Subsidiary and for the Borrower or such Subsidiary has actual exposure (other than those in respect of Capital Stock or any Additional Senior Unsecured Notes) and # 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.

. Enter into any Swap Agreement, except # Swap Agreements entered into to hedge or mitigate risks associated with liabilities, commitments, investments, assets, or property held or reasonably anticipated by the Borrower or any Subsidiary and for the Borrower or such Subsidiary has actual exposure (other than those in respect of Capital Stock or any Additional Senior Unsecured Notes) and # 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.

. 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.

Swap Agreements. Enter into # any Swap Agreement secured by a Lien on all or any portion of the Collateral, except Specified Swap Agreements; or # any Swap Agreement, except Swap Agreements which are entered into by a Group Member to # hedge or mitigate risks to which such Group Member has actual exposure (other than those in respect of Capital Stock), or # 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 such Group Member.

Swap Agreements. The Borrower and each Restricted Subsidiary shall enter into and maintain at all times Swap Agreements with one or more Approved Counterparties pursuant to which the Borrower and such Restricted Subsidiaries shall hedge notional volumes of not less than, # during the period beginning on June 30, 2018 and ending on September 29, 2019, 65% of the Projected Volume (based on the most recently delivered Reserve Report) of natural gas from Proved Developed Producing Reserves for each calendar quarter during the subsequent eighteen (18) calendar month period immediately following any date of determination (as forecasted based upon the most recently delivered Reserve Report) and # during the period beginning on September 30, 2019 and ending on March 30, 2020, 50% of the Projected Volume (based on the most recently delivered Reserve Report) of natural gas from Proved Developed Producing Reserves for each calendar quarter during the subsequent eighteen (18) calendar month period immediately following any date of determination (as forecasted based upon the most recently delivered Reserve Report); provided, that to the extent the delivery of a new Reserve Report hereunder results in a failure to satisfy the requirements of this [Section 8.19(c)], the Credit Parties shall have thirty (30) days following the delivery of such Reserve Report (or such later date as the Majority Lenders may agree in their sole discretion) to enter into additional Swap Agreements to the extent necessary to satisfy the requirements of this [Section 8.19(c)]; provided, further, that if the Borrower reasonably determines that the Lenders (and their respective Affiliates) have insufficient aggregate capacity to enter into Swap Agreements with one or more Credit Parties for at least the minimum volumes of natural gas for each fiscal quarter required pursuant to this [Section 8.19(c)], then the requirements of this [Section 8.19(c)] shall be reduced solely to the extent necessary to reflect the maximum volumes of natural gas for each fiscal quarter for which the Lenders (and their respective Affiliates) have aggregate capacity to enter into such Swap Agreements.

. Enter into any Swap Agreement, except # Swap Agreements entered into to hedge or mitigate risks to which any Group Member has actual exposure (other than those in respect of Capital Stock), # 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 any Group Member and # Swap Agreements in existence as of the Closing Date and reflected in the Borrower’s filings with the SEC.

. 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.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are # entered into by a Group Member to (a1) hedge or mitigate risks to which such Group Member has actual exposure (other than those in respect of Capital Stock), or (b2) effectively cap, collar or exchange interest rates (from fixed to floating rates or vice versa, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of such Group Member, or # a Permitted Bond Hedge Transaction.

Swap Agreements. Enter into any Swap Agreement, except # Swap Agreements entered into to hedge or mitigate risks associated with liabilities, commitments, investments, assets, or property held or reasonably anticipated by the Operating Partnership or any Subsidiary and for which the Operating Partnership or such Subsidiary has actual exposure (other than those in respect of Capital Stock or the Senior Notes, or any Additional Senior Unsecured Notes) and # 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 Operating Partnership or any Subsidiary.

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