Changes to Hedging Documents Clause Samples

Changes to Hedging Documents. (a) Subject to the sub-paragraphs (b) and (c) below, unless the Majority Bank Creditors have agreed to the Amendment in writing, no Obligor or Hedging Bank will Amend the terms of any Hedging Document: (i) save for Amendments required to comply with the terms of this Agreement or the Hedging Letter and save for procedural or administrative changes which do not increase the amount or change the currency payable by any Obligor under the original terms of any Hedging Document or alter the due date for any payment (except as provided in accordance with the original terms of the Hedging Documents); (ii) to result in any Obligor becoming liable to make an additional payment (or increase an existing payment) under any of the Hedging Documents or to impose an additional material obligation on any Obligor, which liability or obligation does not arise from the original terms of the Hedging Documents; or (iii) save for Amendments made to the Hedging Security Documents entered into by eircom, ITI and the Company to the extent necessary to conform such Hedging Security Documents to the Trustee Security Documents required to be entered into by eircom, ITI and the Company under the terms of the Senior Facility Agreement. (b) With effect from the Refinancing Date, the Hedging Documents in existence at the date of this Agreement and referred to in Schedule 9 (Amendments to Hedging Documents) shall be amended as set out in Schedule 9 (Amendments to Hedging Documents) and each party to this Agreement hereby consents to such amendments. (c) The Hedging Banks hereby confirm that no Event of Default or Termination Event (as defined in any ISDA master agreement to which it is a party) will occur under any Hedging Document in existence at the date of this Agreement to which it is party as a result of any member of the Group entering into the Senior Facility Agreement (or the transactions contemplated therein) or as a result of the IPO.

Changes to Hedging Documents. Except as the Majority Senior Lenders have previously consented in writing, no Borrower or Hedge Counterparty will amend, vary, supplement (excluding, for the avoidance of doubt, entering into any transactions pursuant thereto) or allow to be superseded any provision of the Hedging Documents which would result in: 9.5.1 any provision in the Hedging Documents being amended unless the Hedge Counterparty concerned acting reasonably and in good faith certifies that it considers such amendment does not impose restrictions or obligations or conditions on any Borrower which are more onerous than those originally provided for in the Hedging Documents; 9.5.2 any payment under the Hedging Documents being required to be made by a Borrower earlier than the date originally provided for in the Hedging Documents; or 9.5.3 any Borrower becoming liable to make an additional payment (or increase an existing payment) under any of the Hedging Documents which liability does not arise from the original provisions of the Hedging Documents.

Changes to Hedging Documents. Unless the Majority Creditors have agreed to the Amendment in writing, no Obligor or Hedging Bank will Amend the terms of any Hedging Document: (a) save for procedural or administrative changes which do not increase the amount or change the currency payable by any Obligor under the original terms of any Hedging Document or alter the due date for any payment (except as provided in accordance with the original terms of the Hedging Documents); or (b) to result in any Obligor becoming liable to make an additional payment (or increase an existing payment) under any of the Hedging Documents or to impose an additional material obligation on any Obligor, which liability or obligation does not arise from the original terms of the Hedging Documents.