Accession of Hedge Counterparties. (a) The Company must ensure that any MLAB with whom it enters into a Hedging Document agrees to be bound by this Agreement as Hedge Counterparty by executing and delivering to the Agent an Accession Deed and an accession deed to the Mezzanine Purchase Option Letter. (b) The Agent, the Security Agent and the Secondary Security Agent shall only be obliged to execute an Accession Deed and an accession deed to the Mezzanine Purchase Option Letter once it is satisfied it has complied with all necessary "know your customer" or similar checks under all applicable laws and regulations in relation to such Hedge Counterparty. (c) A Hedge Counterparty may not assign or transfer: (i) any Hedging Debt owed to it; or (ii) any of its rights and obligations under any Finance Document, to any person, unless: (A) the assignment or transfer is in accordance with the terms of the Finance Documents; and (B) that person agrees to be bound by this Agreement as a Hedge Counterparty by executing and delivering to the Agent an Accession Deed.
Appears in 3 contracts
Samples: Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.), Facilities Agreement (StarTek, Inc.)
Accession of Hedge Counterparties. (a) The Company must ensure that any MLAB with whom it enters into a Hedging Document agrees to be bound by this Agreement as Hedge Counterparty by executing and delivering to the Agent an Accession Deed and an accession deed to the Mezzanine Purchase Option Letter.
(b) The Agent, the Security Agent and the Secondary Security Agent shall only be obliged to execute an Accession Deed and an accession deed to the Mezzanine Purchase Option Letter once it is satisfied it has complied with all necessary "know your customer" or similar checks under all applicable laws and regulations in relation to such Hedge Counterparty.
(c) A Hedge Counterparty may not assign or transfer:
(i) any Hedging Debt owed to it; or
(ii) any of its rights and obligations under any Finance Document, to any person, unless, in each case:
(A) the assignment or transfer is in accordance with the terms of the Finance Documents; and
(B) that person agrees to be bound by this Agreement as a Hedge Counterparty by executing and delivering to the Agent an Accession Deed.
Appears in 1 contract
Samples: Facilities Agreement (StarTek, Inc.)