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.
Appears in 2 contracts
Samples: Intercreditor Agreement (InterXion Holding N.V.), Intercreditor Agreement (InterXion Holding N.V.)
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 the amendment or waiver (i) does not breach another term of this AgreementAgreement and (ii) would not result in a breach of any Credit Facility Agreement or any Pari Passu Debt Document.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Melco Resorts & Entertainment LTD), Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD)
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 Hedging Counterparty may amend or waive any term of a Hedging Agreement in accordance with the terms of that Hedging Agreement if 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 the Hedging Policy.
Appears in 1 contract
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 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 the Facilities Agreement.
Appears in 1 contract
Samples: Intercreditor Agreement
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 the amendment or waiver does not breach another term of this Agreement.
Appears in 1 contract
Amendments and Waivers: Hedging Agreements. (aA) Subject to paragraph (bB) below, the Hedge Hedging Counterparties may not, at any time, amend or waive any term of the Hedging Agreements.
(bB) A Hedge Hedging Counterparty may amend or waive any term of a Hedging Agreement in accordance with the terms of that Hedging Agreement if 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 any Finance Document.
Appears in 1 contract
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 from time to time (and subject AMERICAS 120207225 only to any consent required under that Hedging Agreement) if that the amendment or waiver does not result in a breach of another term of this Agreement.
Appears in 1 contract
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 the relevant Debtor may amend or waive any term of a Hedging Agreement in accordance with the terms of that Hedging Agreement if 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 26.32 (Compliance with Hedging Letter) of the Facilities Agreement.
Appears in 1 contract
Samples: Intercreditor Agreement