Accession of Hedging Banks. Any Lender or an Affiliate of a Lender which shall become a party to this Agreement as a Hedging Bank shall execute a document in the form required by the Agent whereby it shall accede to this Agreement as a Hedging Bank.
Accession of Hedging Banks. The Parent shall procure that any person which is, or is to be, a Hedging Bank and which person is not also a Lender will accede to this Agreement as a Hedging Bank by executing an Accession Letter.
Accession of Hedging Banks. (a) Each proposed Hedging Bank shall accede to this Agreement by delivery to the Security Agent of a duly completed and signed Hedging Bank Accession Deed and by the Security Agent executing that Hedging Bank Accession Deed.
(b) Where this Agreement or any other Finance Document imposes an obligation on a Hedging Bank and the relevant Hedging Bank is an Affiliate of a Lender and is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.
(c) No person entering into any derivative transaction with any Obligor in connection with protection against or benefit from fluctuation in any rate or price will be entitled to share in any Security created by any Security Document in respect of any of the moneys, debts or liabilities arising under or in connection with that derivative transaction or benefit from the representations, warranties or undertakings of any Party under this Agreement unless and until the Security Agent has agreed in writing to that person becoming a Hedging Bank and to the derivative transactions and the Hedging Documents to be entered into by that person and that person has become a Hedging Bank by executing a Hedging Bank Accession Deed duly completed and signed on behalf of that person, and
(a) that derivative transaction is permitted by this Agreement; and
(b) the Hedging Documents relating to that derivative transaction comply with paragraph 3.1(c) of Schedule 16 (Hedging).
(d) Each Party (other than the relevant proposed Hedging Bank under paragraph (a) above) irrevocably authorises the Security Agent to execute on its behalf any Hedging Bank Accession Deed which has been duly completed and signed on behalf of that proposed Hedging Bank.
(e) The Company shall procure that no Obligor shall enter into any Hedging Document unless and until the proposed Hedging Bank has become a Hedging Bank in accordance with paragraph (a) above.
(f) Each Hedging Bank agrees to be bound by, and comply with, the provisions set out in Schedule 16 (Hedging).
Accession of Hedging Banks. No person providing hedging facilities to any Obligor will be entitled to share in any of the security constituted by the Combined Security Documents in respect of any of the liabilities or debt arising under such hedging facilities or benefit from the undertakings of the Parties to this Deed unless and until:
(a) such person and such facilities are specified in Schedule 4 (Hedging Banks and Hedging Documents); or
(b) such person has agreed to become a Hedging Bank by executing and delivering to the Security Agent a duly completed Deed of Accession. Upon delivery of such a Deed of Accession to the Security Agent such person will acquire all its rights and assume all its obligations as a Hedging Bank under this Deed in relation to such hedging facilities.
Accession of Hedging Banks. No person providing interest or currency swap or hedging facilities to any Obligor will be entitled to share in any of the security constituted by the Combined Security Documents in respect of any of the liabilities or debt arising under such swap or hedging facilities or benefit from the undertakings of the Parties to this Deed unless and until:
(a) such person and such facilities are specified in Schedule 4 (Hedging Banks and Hedging Documents); or
(b) the Senior Agent has agreed in writing to the identity of such person (such agreement not to be unreasonably withheld and to the swap or hedging facilities being provided by such person and such person has agreed to become a Hedging Bank by executing and delivering to the Security Agent a duly completed Deed of Accession. Upon delivery of such a Deed of Accession to the Security Agent such person will acquire all its rights and assume all its obligations as a Hedging Bank under this Deed in relation to such swap or hedging facilities.
Accession of Hedging Banks. A Finance Party may, at any time, request that any of its Affiliates that has entered, or is to enter, into a Hedging Agreement with an Obligor in accordance with this Agreement be given the benefit of the Security constituted by the Security Documents by becoming a Hedging Bank. Following any such request (which shall be submitted to the Facility Agent), the relevant Affiliate shall accede, and become a party, to the Finance Documents as a Hedging Bank upon entering into a Hedging Accession Agreement and delivering the same (together with all such other documents as the Facility Agent may reasonably request) to the Facility Agent.
Accession of Hedging Banks. A person providing interest or currency swap or hedging facilities to any Obligor will only be entitled to share in any of the security constituted by the Trustee Security Documents (or have the benefit of any Hedging Security Document) in respect of any of the liabilities or debt arising under such swap or hedging facilities or benefit from the undertakings of the Parties to this Agreement if:
(a) such person and such facilities are specified in Schedule 3 (Hedging Banks and Hedging Documents); or
(b) (i) such person is a Lender or an Affiliate of a Lender or Allied Irish Banks, p.l.c. (or one of its Affiliates) or another person approved by the Senior Agent , (ii) the swap or hedging facilities being provided by such person are in accordance with the Hedging Letter, provided that the swap or hedging facilities provided by a Hedging Bank will be deemed to be in accordance with the Hedging Letter if the Senior Agent gives that Hedging Bank written confirmation to that effect before such swap or hedging facilities are entered into, and (iii) such person has agreed to become a Hedging Bank by executing and delivering to the Security Agent a duly completed Deed of Accession. Upon delivery of such a Deed of Accession to the Security Agent such person will, subject to this Clause 5.1, acquire all its rights and assume all its obligations as a Hedging Bank under this Agreement in relation to such swap or hedging facilities.
Accession of Hedging Banks. A Lender may make a request at any time for any of its Affiliates that has entered, or is to enter, into a Hedging Agreement with an Obligor to become a Hedging Bank and such Affiliate may accede, and become a party, to the Finance Documents as a Hedging Bank, in each case, in accordance with the Intercreditor Agreement.
Accession of Hedging Banks. Any Lender may, at any time, request that any of its Affiliates that has entered, or is to enter, into a Hedging Agreement with an Obligor in accordance with this Agreement be given the benefit of the Security constituted by the Security Documents by becoming a Hedging Bank. Following any such request (which shall be submitted to the Facility Agent and the Security Trustee), and without prejudice to the definition of "Hedging Bank" set out in Clause 1.1 (Definitions), the relevant Affiliate shall accede, and become a party, to this Agreement as a Hedging Bank upon executing a Hedging Accession Agreement and delivering the same (together with all such other documents as the Security Trustee or the Facility Agent may reasonably request) to the Security Trustee and the Facility Agent.
Accession of Hedging Banks. 32.2.1 No person entering into any Hedging Document with any Obligor will be entitled to share in any Security created by any Security Document in respect of any of the moneys, debts or liabilities arising under or in connection with that Hedging Document or benefit from the representations, warranties or undertakings of any Party under this Agreement unless and until:
(a) that person and the Hedging Document are listed in Schedule 2 (The Original Hedging Banks); or
(b) that person is a Hedge Bank (as defined in the Senior Facility Agreement), and, in each case that Hedging Document is permitted by the Senior Agreements.
32.2.2 That person shall become a Hedging Bank if the Security Agent executes an Accession Agreement duly completed and signed on behalf of that person.
32.2.3 Each Party (other the relevant proposed Hedging Bank under paragraph 32.2.1(b) above) irrevocably authorises the Security Agent to execute on its behalf any Accession Agreement which has been duly completed and signed on behalf of that proposed Hedging Bank.
32.2.4 The Company shall procure that no Obligor shall enter into any Hedging Document unless and until:
(a) that Hedging Document and the Hedging Bank relating to that Hedging Document are listed in Schedule 2 (The Original Hedging Banks); or
(b) the proposed Hedging Bank has become a Hedging Bank in accordance with paragraphs 32.2.1(b) and 32.2.3 above.
