Amendments and Waivers: Hedging Agreements. (a) Subject to paragraph (b) below, the Hedge Counterparties may not, at any time, amend or waive any term of the Hedging Agreements.
(b) A Hedge Counterparty may amend or waive any term of a Hedging Agreement in accordance with the terms of that Hedging Agreement if that amendment or waiver does not breach another term of this Agreement.
Amendments and Waivers: Hedging Agreements. (a) Subject to paragraph (b) below and Clause 4.14 (No Outstanding Transactions), the Hedge Counterparties and the Debtors may not, at any time, amend or waive any term of the Hedging Agreements.
(b) A Hedge Counterparty and a Debtor may, by mutual agreement, amend or waive any term of a Hedging Agreement to which they are a party in accordance with the terms of that Hedging Agreement if:
(i) that amendment or waiver does not breach another term of this Agreement; and
(ii) such amendment or waiver would not result in a breach of the terms of the Senior Facilities Agreement, the Senior Secured Notes Indenture(s) or the Pari Passu Debt Documents.
Amendments and Waivers: Hedging Agreements. (a) Subject to paragraph (b) below, the Hedge Counterparties may not, at any time, amend or waive any term of the Hedging Agreements.
(b) A Hedge Counterparty and any member of the Group may at any time amend or waive any term of a Hedging Agreement in accordance with the terms of that Hedging Agreement from time to time (and subject only to any consent required under that Hedging Agreement) if:
(i) that amendment or waiver does not breach another term of this Agreement; and
(ii) that amendment or waiver will not result in the Group ceasing to be in compliance with any minimum hedging requirements under the Debt Financing Agreements.
Amendments and Waivers: Hedging Agreements. (a) Subject to paragraph (b), the Hedge Counterparties may not, at any time, amend or waive any term of the Hedging Agreements.
(b) A Hedge Counterparty may amend or waive any term of a Hedging Agreement in accordance with the terms of that Hedging Agreement if:
(i) that amendment or waiver does not breach another term of this Agreement; and
(ii) that amendment or waiver would not result in a breach of clause 25.15 (Treasury Transactions) of the RCF Facility Agreement or any equivalent clause in the Credit Facility Agreement, Senior Secured Notes Indenture or the Pari Passu Debt Documents.
Amendments and Waivers: Hedging Agreements. (a) Subject to paragraph (b) below, the Hedge Counterparties may not, at any time, amend or waive any term of the Hedging Agreements.
(b) A Hedge Counterparty and any member of the Group may at any time amend or waive any term of a Hedging Agreement in accordance with the terms of that Hedging Agreement from time to time (and subject only to any consent required under that Hedging Agreement) if that amendment or waiver does not breach another term of this Agreement.
(c) Notwithstanding any other provision of any Debt Document, a Hedge Counterparty and the relevant Debtor may amend the terms of a Hedging Agreement to agree a Continuation Amendment (as such term is defined in the ISDA Benchmarks Supplement) or (if the Hedging Agreement is not based on an ISDA Master Agreement) to agree any equivalent adjustment to the terms of the Hedging Agreement pursuant to terms similar in purpose and effect to the ISDA Benchmarks Supplement.
Amendments and Waivers: Hedging Agreements. (a) Subject to paragraph (b) below and Clause 4.14 (No outstanding transactions), no Hedge Counterparty, at any time, shall amend or waive any term of any Hedging Agreement to which it is a party.
(b) A Hedge Counterparty may amend or waive any term of a Hedging Agreement to which it is a party in accordance with the terms of that Hedging Agreement if:
(i) that amendment or waiver does not breach another term of this Agreement; and
(ii) such amendment or waiver would not result in a breach of the terms of any Senior Secured Notes Finance Document or the Pledge Permit.
Amendments and Waivers: Hedging Agreements. (a) Subject to paragraph (b) below, the Hedge Counterparties may not, at any time, amend or waive any term of the Hedging Agreements.
(b) A Hedge Counterparty may amend or waive any term of a Hedging Agreement in accordance with the terms of that Hedging Agreement if that amendment or waiver does not breach another term of this Agreement and has been approved by all Hedge Counterparties and:
(i) that amendment or waiver would not result in a breach of clause 21.28 (Compliance with Hedging Letter) of the Senior Term Facilities Agreement; or
(ii) that amendment or waiver is administrative and mechanical in nature.
Amendments and Waivers: Hedging Agreements. (a) Subject to paragraph (b) below, the Hedge Counterparties may not, at any time, amend or waive any term of the Hedging Agreements unless the prior consent of the Majority External Creditors is obtained.
(b) A Hedge Counterparty may amend or waive any term of a Hedging Agreement in accordance with the terms of that Hedging Agreement if:
(i) that amendment or waiver:
(A) does not breach another term of this Agreement (including, without limitation, Clause 4.13 (Hedged Amount)); and
(B) would not result in a breach of clause 25.26 (Treasury Transactions) or clause 25.37 (Compliance with Hedging Letter) of the Senior Facilities Agreement; and
(ii) that amendment or waiver is:
(A) required in order for the Hedge Counterparty to comply with any applicable law or regulation;
(B) minor, technical, administrative or corrects a manifest error;
(C) required in order to reflect a change to any other Debt Document; or
(D) made with the prior consent of the Majority External Creditors.
(c) Notwithstanding any other provision of any Finance Document, the parties to this Agreement acknowledge, agree and consent that a Hedge Counterparty and a Debtor may amend the terms of a Hedging Agreement (whether in anticipation of, or following an Index Cessation Event, as defined in the ISDA Benchmarks Supplement) to agree a Continuation Amendment (as defined in the ISDA Benchmarks Supplement).
Amendments and Waivers: Hedging Agreements. (a) Subject to paragraph (b) below, the Hedge Counterparties may not, at any time, amend or waive any term of the Hedging Agreements prior to the Senior Lender Discharge Date without the consent of the Majority Senior Lenders.
(b) A Hedge Counterparty may amend or waive any term of a Hedging Agreement in accordance with the terms of that Hedging Agreement if that amendment or waiver is minor, technical or administrative, or if it corrects a manifest error or if that amendment or waiver does not breach another term of this Agreement.
(c) To the extent it is able to do so under the relevant Hedging Agreement or with the agreement of the relevant Hedge Counterparty, an Obligor may terminate or close-out in whole or in part any hedging transaction under any Hedging Agreement prior to its stated maturity provided no Distress Event has occurred.
Amendments and Waivers: Hedging Agreements. (a) Subject to paragraph (b) below, the Hedge Counterparties may not, at any time, amend or waive any term of the Hedging Agreements.
(b) A Hedge Counterparty (with the consent of the Company) may amend or waive any term of a Hedging Agreement in accordance with the terms of that Hedging Agreement if that amendment or waiver does not breach in any material respect paragraph (a) of Clause 4.12 (Terms of Hedging Agreements) or any other term of this Agreement or the requirements of Clause 21.24 (Permitted Treasury Transaction) of the Senior Facilities Agreement.
