Derivative Agreements. The Trustee is hereby directed to execute the Derivative Agreements on behalf of the Supplemental Interest Trust, and the Trustee shall have no responsibility for the contents of the Derivative Agreements, including, without limitation, the representations and warranties contained herein. The Securities Administrator is hereby empowered and directed to perform the obligations of the Supplemental Interest Trust Trustee under the Derivative Agreements.
Derivative Agreements. Each of the Loan Parties will not (and will not apply to the Bankruptcy Court or the Canadian Court for authority to), and will cause their Subsidiaries not to, enter into any Swap Agreement, except (a) Swap Agreements entered into to hedge or mitigate risks to which any Loan Party or any Subsidiary has actual exposure (other than those in respect of capital stock of any Person), and (b) Swap Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of any Loan Party or any Subsidiary, provided that in each case such Swap Agreements may only be entered into in the ordinary course of the Loan Parties’ business, consistent with past practices.
Derivative Agreements. Other than exchange-traded futures and option contracts designed to hedge against fluctuations in prices for wheat, corn, oil, fuel and other commodities used in the Borrowers' business, in each case entered into in the ordinary course of the Borrowers' business, consistent with past practices and not for speculative purposes, and for which aggregate expenditures (including, but not limited to, expenditures for brokerage commissions, exchange or clearing fees, open trade equity, futures margins and options premiums) by the Borrowers during any fiscal year shall not exceed $10,000,000, each of the Borrowers will not (and will not apply to the Bankruptcy Court for authority to), enter into any agreement with respect to any swap, forward, future or derivative transaction or option or similar agreement involving, or settled by reference to, one or more rates, currencies, commodities, equity or debt instruments or securities, or economic, financial or pricing indices or measures of economic, financial or pricing risk or value or any similar transaction or any combination of these transactions.
Derivative Agreements. With respect to a Derivatives Trust Series, on the date of the Series Supplement as well as on the date of any Deposit of additional Securities to a Derivatives Trust Series, the Trust with respect to the related Series of Trust is authorized to enter into one or more Derivative Transactions on behalf of such related Series of Trust and Depositor, on behalf of the Trust, is authorized to execute and deliver the Derivative Agreements (or additional Derivatives Agreements in the case of any Deposit of additional Securities) identified in the Series Supplement on behalf of the related Series of Trust. In connection therewith the Trust shall comply with any applicable restrictions or requirements under the Investment Company Act of 1940, as amended. Each Derivatives Agreement shall comply with the requirements therefor set forth in the relevant Series MSA Supplement and Master Services Agreement.
Derivative Agreements. 61 SECTION 6.16 Reorganization Plan.....................................................................62 SECTION 6.17 Cash Restructuring Charges..............................................................62
Derivative Agreements. Other than exchange-traded futures and option contracts designed to hedge against fluctuations in prices for wheat, corn, oil, fuel and other commodities used in the Borrowers' business, in each case entered into in the ordinary course of the Borrowers' business, consistent with past practices and not for speculative purposes, and for which aggregate expenditures (including, but not limited to, expenditures for brokerage commissions, exchange or clearing fees, open trade equity, futures margins and options premiums) by the Borrowers during any fiscal year shall not exceed $10,000,000, each of the Borrowers will not (and will not apply to the Bankruptcy Court for authority to), enter into any agreement with respect to any swap, forward, future or derivative transaction or option or similar agreement involving, or settled by reference to, one or more rates, currencies, commodities, equity or debt instruments or securities, or economic, financial or pricing indices or measures of economic, financial or pricing risk or value or any similar transaction or any combination of these transactions.
2.6 Exhibits C-1 and C-2 attached to the Credit Agreement are hereby replaced by Exhibits C-1 and C-2 attached to this First Amendment.
2.7 The Schedules to the Credit Agreement are hereby amended by adding Schedules 1.1, 3.6, 3.12, 6.9, 6.10 and 6.13 attached hereto.
Derivative Agreements. Collectively, the Class A-1 Swap Contract, the Class A-3 Swap Contract, the Class M-3 Swap Contract, the Certificate Swap Contract, the Class A-4 Corridor Contract and the Subordinated Certificates Corridor Contract. Depositor: CWALT, Inc., a Delaware corporation, or its successor in interest. Depository: The initial Depository shall be The Depository Trust Company, the nominee of which is CEDE & Co., as the registered Holder of the Book-Entry Certificates. The Depository shall at all times be a “clearing corporation” as defined in Section 8-102(a)(5) of the Uniform Commercial Code of the State of New York.
Derivative Agreements. Collectively, the Class A-1 Swap Contract, the Certificate Swap Contract, the Subordinated Certificate Swap Contract and the Subordinated Certificate Corridor Contract. Depositor: CWALT, Inc., a Delaware corporation, or its successor in interest.
Derivative Agreements. Enter into any agreement with respect to any....................60 Section 6.16
Derivative Agreements. Other than option contracts designed to hedge against fluctuations in prices for wheat, corn, oil, fuel and other commodities used in the Borrowers' business, in each case entered into in the ordinary course of the Borrowers' business, consistent with past practices and not for speculative purposes, and for which aggregate expenditures by the Borrowers during any fiscal year shall not exceed $10,000,000, each of the Borrowers will not (and will not apply to the Bankruptcy Court for authority to), enter into any agreement with respect to any swap, forward, future or derivative transaction or option or similar agreement involving, or settled by reference to, one or more rates, currencies, commodities, equity or debt instruments or securities, or economic, financial or pricing indices or measures of economic, financial or pricing risk or value or any similar transaction or any combination of these transactions.
