Common use of Derivative Agreements Clause in Contracts

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. 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 net 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.