Agreements and Acknowledgments Regarding Hedging Activities Sample Clauses

Agreements and Acknowledgments Regarding Hedging Activities. Applicable.
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Agreements and Acknowledgments Regarding Hedging Activities. Applicable Hedging Adjustments: For the avoidance of doubt, whenever Dealer or the Calculation Agent is permitted to make an adjustment pursuant to the terms of this Confirmation or the Equity Definitions to take into account the effect of an event (other than, for the avoidance of doubt, any adjustment that is required to be made by reference to the Indenture), the Calculation Agent or Dealer shall make such adjustment by reference to the effect of such event on Dealer assuming that Dealer maintains a commercially reasonable hedge position. Additional Acknowledgments: Applicable
Sample 1
Agreements and Acknowledgments Regarding Hedging Activities. Notwithstanding any communication that each party (and/or its Affiliates) may have had with any other party, each Warrantholder and the Issuer agree and acknowledge that (A) any Hedge Position established by a Warrantholder or any of its Affiliates is a proprietary trading position and activity of such Warrantholder or such Affiliate and (B) each Warrantholder or such Affiliate is not holding the Hedge Positions or engaging in the Hedging Activities on behalf or for the account of or as agent or fiduciary for the Issuer, and the Issuer will not have any direct economic or other interest in, or beneficial ownership of, the Hedge Positions or Hedging Activities.
Sample 1

Related to Agreements and Acknowledgments Regarding Hedging Activities

  • Agreements and Acknowledgments Regarding Shares (i) Counterparty agrees and acknowledges that, in respect of any Shares delivered to Dealer hereunder, such Shares shall be newly issued (unless mutually agreed otherwise by the parties) and, upon such delivery, duly and validly authorized, issued and outstanding, fully paid and nonassessable, free of any lien, charge, claim or other encumbrance and not subject to any preemptive or similar rights and shall, upon such issuance, be accepted for listing or quotation on the Exchange.

  • Waivers and Acknowledgments (a) The Guarantor hereby unconditionally and irrevocably waives promptness, diligence, notice of acceptance, presentment, demand for performance, notice of nonperformance, default, acceleration, protest or dishonor and any other notice with respect to any of the Guaranteed Obligations and this Guaranty and any requirement that the Trustee, on behalf of the Noteholders, protect, secure, perfect or insure any Lien or any property subject thereto or exhaust any right or take any action against the Issuer or any other Person.

  • Additional Covenants Agreements and Acknowledgements a. [Intentionally Omitted].

  • Lenders’ Representations, Warranties and Acknowledgment (a) Each Lender represents and warrants that it has made its own independent investigation of the financial condition and affairs of Holdings and its Subsidiaries in connection with Credit Extensions hereunder and that it has made and shall continue to make its own appraisal of the creditworthiness of Holdings and its Subsidiaries. No Agent shall have any duty or responsibility, either initially or on a continuing basis, to make any such investigation or any such appraisal on behalf of Lenders or to provide any Lender with any credit or other information with respect thereto, whether coming into its possession before the making of the Loans or at any time or times thereafter, and no Agent shall have any responsibility with respect to the accuracy of or the completeness of any information provided to Lenders.

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