Common use of Derivative Transactions Clause in Contracts

Derivative Transactions. (i) Except as would not reasonably be expected to have a material adverse effect on the Company, all Derivative Transactions (as defined herein) entered into by the Company or any of its subsidiaries were entered into in accordance with applicable rules, regulations and policies of any regulatory authority, and in accordance with the investment, securities, commodities, risk management and other policies, practices and procedures employed by the Company and its subsidiaries, and were entered into with counter parties believed at the time to be financially responsible and able to understand (either alone or in consultation with their advisers) and to bear the risks of such Derivative Transactions; and the Company and each of its subsidiaries have duly performed all of their obligations under the Derivative Transactions to the extent that such obligations to perform have accrued, and, to the Company's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder. (ii) For purposes of this Section 3.1(v), "Derivative Transactions" means any swap transaction, option, warrant, forward purchase or sale transaction, futures transaction, cap transaction, floor transaction or collar transaction relating to one or more currencies, commodities, bonds, equity securities, loans, interest rates, credit-related events or conditions or any indexes, or any other similar transaction or combination of any of these transactions, including collateralized mortgage obligations or other similar instruments or any debt or equity instruments evidencing or embedding any such types of transactions, and any related credit support, collateral or other similar arrangements related to such transactions; provided that, for the avoidance of doubt, the term "Derivative Transactions" shall not include any of Company Stock Options or the LTWs.

Derivative Transactions. (i) Except as would not reasonably be expected to have a material adverse effect on the Company, all All Derivative Transactions (as defined hereinbelow) entered into by the Company or any of its subsidiaries were entered into in all material respects in accordance with applicable rules, regulations and policies of any regulatory authority, and in accordance with the investment, securities, commodities, risk management and other policies, practices and procedures employed by the Company and its subsidiaries, and were entered into with counter parties counterparties believed at the time to be financially responsible and able to understand (either alone or in consultation with their advisers) and to bear the risks of such Derivative Transactions; and the . The Company and each of its subsidiaries have duly performed in all material respects all of their obligations under the Derivative Transactions to the extent that such obligations to perform have accrued, and, to the Company's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder. (ii) For purposes of this Section 3.1(v3.1(y), "Derivative Transactions" means any swap transaction, option, warrant, forward purchase or sale transaction, futures transaction, cap transaction, floor transaction or collar transaction relating to one or more currencies, commodities, bonds, equity securities, loans, interest rates, catastrophe events, weather-related events, credit-related events or conditions or any indexes, or any other similar transaction (including any option with respect to any of these transactions) or combination of any of these transactions, including collateralized mortgage obligations or other similar instruments or any debt or equity instruments evidencing or embedding any such types of transactions, and any related credit support, collateral or other similar arrangements related to such transactions; provided that, for the avoidance of doubt, the term "Derivative Transactions" shall not include any of Company Stock Options or the LTWs.

Derivative Transactions. (i) Except as would not not, individually or in the aggregate, reasonably be expected to have result in a material adverse effect Material Adverse Effect on the Company, all Derivative Transactions (as defined herein) entered into by the Company or any of its subsidiaries Subsidiaries were entered into in accordance with applicable rules, regulations and policies of any all regulatory authorityauthorities, and in accordance with the investment, securities, commodities, risk management and other policiesPolicies, practices Practices and procedures Procedures (as defined in Section 3.1(w)) employed by the Company and its subsidiariesSubsidiaries, and were entered into with counter counter-parties believed at the time to be financially responsible and able to understand (either alone or in consultation with their advisers) and to bear the risks of such Derivative Transactions; and the Company and each of its subsidiaries Subsidiaries have duly performed all of their obligations under the Derivative Transactions to the extent that such obligations to perform have accrued, and, to the Company's knowledge, and there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder. (ii) For purposes of this Section 3.1(v)Agreement, "“Derivative Transactions" ” means any swap transaction, option, warrant, forward purchase or sale transaction, futures transaction, cap transaction, floor transaction or collar transaction relating to one or more currencies, commodities, bonds, equity securities, loans, interest rates, credit-related events or conditions or any indexes, or any other similar transaction or combination of any of these transactions, including collateralized mortgage obligations or other similar instruments or any debt or equity instruments evidencing or embedding any such types of transactions, and any related credit support, collateral or other similar arrangements related to such transactions; provided that, for the avoidance of doubt, the term "Derivative Transactions" shall not include any of Company Stock Options or the LTWs.

Derivative Transactions. (ia) Except as would not reasonably be expected to have a material adverse effect on the CompanyMaterial Adverse Effect, all Derivative Transactions (as defined herein) entered into by the Company or any of its subsidiaries Subsidiaries were entered into in accordance with applicable rules, regulations and policies of any regulatory authorityGovernmental Entity, and in accordance with the investment, securities, commodities, risk management and other policies, practices and procedures employed by the Company and its subsidiariesSubsidiaries, and were entered into with counter parties believed at the time to be counterparties who are financially responsible and able to understand (either alone or in consultation with their advisers) and to bear the risks of such Derivative Transactions; and the Company and each of its subsidiaries Subsidiaries have duly performed all of their obligations under the Derivative Transactions to the extent that such obligations to perform have accrued, and, to the Company's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder. (iib) For purposes of this Section 3.1(v)4.30, "Derivative Transactions" means any swap transaction, option, warrant, forward purchase or sale transaction, futures transaction, cap transaction, floor transaction or collar transaction relating to one or more currencies, commodities, bonds, equity securities, loans, interest rates, credit-related events or conditions or any indexes, or any other similar transaction or combination of any of these transactions, including collateralized mortgage obligations or other similar instruments or any debt or equity instruments evidencing or embedding any such types of transactions, and any related credit support, collateral or other similar arrangements related to such transactions; provided that, for the avoidance of doubt, the term "Derivative Transactions" shall not include any of Company Stock Options or the LTWsOptions.

Derivative Transactions. (ia) Except as would not have, or would not reasonably be expected to have have, a material adverse effect on the CompanyMaterial Adverse Effect, all Derivative Transactions (as defined herein) entered into by the Company or any of its subsidiaries Subsidiaries were entered into in accordance with applicable rules, regulations and policies of any regulatory authorityGovernmental Entity, and in accordance with the investment, securities, commodities, risk management and other policies, practices and procedures employed by Company and the Company and its subsidiariesSubsidiaries, and were entered into with counter parties counterparties who were believed at the time to be financially responsible and able to understand (either alone or in consultation with their advisers) and to bear the risks of such Derivative Transactions; and the Company and each of its subsidiaries Subsidiaries have duly performed all of their obligations under the Derivative Transactions to the extent that such obligations to perform have accrued, and, to the Company's ’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder. Company and the Company Subsidiaries have adopted policies and procedures consistent with the publications of applicable Governmental Entities with respect to their derivatives programs. (iib) For purposes of this Section 3.1(v)4.30, "“Derivative Transactions" ” means any swap transaction, option, warrant, forward purchase or sale transaction, futures transaction, cap transaction, floor transaction or collar transaction relating to one or more currencies, commodities, bonds, equity securities, loans, interest rates, credit-related events or conditions or any indexes, or any other similar transaction or combination of any of these transactions, including collateralized mortgage obligations or other similar instruments or any debt or equity instruments evidencing or embedding any such types of transactions, and any related credit support, collateral or other similar arrangements related to such transactions; provided that, for the avoidance of doubt, the term "“Derivative Transactions" ” shall not include any of Company Stock Options or the LTWsOptions.

Derivative Transactions. (i) Except as would not not, either individually or in the aggregate, reasonably be expected to have a material adverse effect Material Adverse Effect on the CompanyBuyer, all Derivative Transactions (as defined hereinbelow) entered into by the Company Buyer or any of its subsidiaries Subsidiaries were entered into in accordance with applicable rules, regulations and policies of any regulatory authorityGovernmental Authority, and in accordance with the investment, securities, commodities, risk management and other policies, practices and procedures employed by the Company Buyer and its subsidiariesSubsidiaries, and were entered into with counter parties counterparties believed at the time to be financially responsible and able to understand (either alone or in consultation with their advisers) and to bear the risks of such Derivative Transactions; and the Company . The Buyer and each of its subsidiaries Subsidiaries have duly performed all of their obligations under the Derivative Transactions to the extent that such obligations to perform have accrued, and, to the Company's Buyer’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder. (ii) For purposes . The Buyer and its Subsidiaries have adopted policies and procedures consistent with the publications of this Section 3.1(v), "Governmental Authorities with respect to their derivatives program. “Derivative Transactions" ” means any swap transaction, option, warrant, forward purchase or forward sale transaction, futures transaction, cap transaction, floor transaction or collar transaction relating to one or more currencies, commodities, bonds, equity securities, loans, interest rates, credit-related events or conditions or any indexes, or any other similar transaction or combination of any of these transactions, including collateralized mortgage obligations or other similar instruments or any debt or equity instruments evidencing or embedding any such types of transactions, and any related credit support, collateral or other similar arrangements related to such transactions; provided provided, that, for the avoidance of doubt, the term "“Derivative Transactions" ” shall not include any of Company Stock Options or the LTWsBuyer stock options.

Derivative Transactions. (ia) Except as would not reasonably be expected to have a material adverse effect on the CompanyMaterial Adverse Effect, all Derivative Transactions (as defined herein) entered into by the Company or any of its subsidiaries Subsidiaries were entered into in accordance with applicable rules, regulations and policies of any regulatory authorityGovernmental Entity, and in accordance with the investment, securities, commodities, risk management and other policies, practices and procedures employed by the Company and its subsidiariesSubsidiaries, and were entered into with counter parties believed at the time to be counterparties who are financially responsible and able to understand (either alone or in consultation with their advisers) and to bear the risks of such Derivative Transactions; and the Company and each of its subsidiaries Subsidiaries have duly performed all of their obligations under the Derivative Transactions to the extent that such obligations to perform have accrued, and, to the Company's ’s knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder. (iib) For purposes of this Section 3.1(v)4.30, "“Derivative Transactions" ” means any swap transaction, option, warrant, forward purchase or sale transaction, futures transaction, cap transaction, floor transaction or collar transaction relating to one or more currencies, commodities, bonds, equity securities, loans, interest rates, credit-related events or conditions or any indexes, or any other similar transaction or combination of any of these transactions, including collateralized mortgage obligations or other similar instruments or any debt or equity instruments evidencing or embedding any such types of transactions, and any related credit support, collateral or other similar arrangements related to such transactions; provided that, for the avoidance of doubt, the term "“Derivative Transactions" ” shall not include any of Company Stock Options or the LTWsOptions.

Derivative Transactions. (i) Except as would not reasonably be expected to have a material adverse effect on the Company, all All Derivative Transactions (as defined hereinbelow) entered into by the Company or any of its subsidiaries Subsidiaries were entered into in accordance accordance, in all material respects, with applicable rules, regulations and policies of any regulatory authorityGovernmental Authority, and in accordance accordance, in all material respects, with the investment, securities, commodities, risk management and other policies, practices and procedures employed by the Company and its subsidiariesSubsidiaries, and were entered into with counter parties counterparties believed at the time to be financially responsible and able to understand (either alone or in consultation with their advisers) and to bear the risks of such Derivative Transactions; and the . The Company and each of its subsidiaries Subsidiaries have duly performed all of their obligations under the Derivative Transactions to the extent that such obligations to perform have accrued, and, to the knowledge of the Company's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder. (ii) . The Company and its Subsidiaries have adopted policies and procedures consistent with the publications of Governmental Authorities with respect to their derivatives program. For purposes of this Section 3.1(v)Agreement, "“Derivative Transactions" means ” shall mean any swap transaction, option, warrant, forward purchase or forward sale transaction, futures transaction, cap transaction, floor transaction or collar transaction relating to one or more currencies, commodities, bonds, equity securities, loans, interest rates, credit-related events or conditions or any indexes, or any other similar transaction or combination of any of these transactions, including collateralized mortgage obligations or other similar instruments or any debt or equity instruments evidencing or embedding any such types of transactions, and any related credit support, collateral or other similar arrangements related to such transactions; provided that, for the avoidance of doubt, the term "Derivative Transactions" shall not include any of Company Stock Options or the LTWs.

Derivative Transactions. (ia) Except as would not have, or would not reasonably be expected to have have, a material adverse effect on the CompanyMaterial Adverse Effect, all Derivative Transactions (as defined herein) entered into by the Company or any of its subsidiaries Subsidiaries were entered into in accordance with applicable rules, regulations and policies of any regulatory authorityGovernmental Entity, and in accordance with the investment, securities, commodities, risk management and other policies, practices and procedures employed by Company and the Company and its subsidiariesSubsidiaries, and were entered into with counter parties counterparties who were believed at the time to be financially responsible and able to understand (either alone or in consultation with their advisers) and to bear the risks of such Derivative Transactions; and the Company and each of its subsidiaries Subsidiaries have duly performed all of their obligations under the Derivative Transactions to the extent that such obligations to perform have accrued, and, to the Company's knowledge, there are no material breaches, violations or defaults or allegations or assertions of such by any party thereunder. Company and the Company Subsidiaries have adopted policies and procedures consistent with the publications of applicable Governmental Entities with respect to their derivatives programs. (iib) For purposes of this Section 3.1(v)4.30, "Derivative TransactionsDERIVATIVE TRANSACTIONS" means any swap transaction, option, warrant, forward purchase or sale transaction, futures transaction, cap transaction, floor transaction or collar transaction relating to one or more currencies, commodities, bonds, equity securities, loans, interest rates, credit-related events or conditions or any indexes, or any other similar transaction or combination of any of these transactions, including collateralized mortgage obligations or other similar instruments or any debt or equity instruments evidencing or embedding any such types of transactions, and any related credit support, collateral or other similar arrangements related to such transactions; provided that, for the avoidance of doubt, the term "Derivative TransactionsDERIVATIVE TRANSACTIONS" shall not include any of Company Stock Options or the LTWsOptions.