Eligible Contract Participants. Notwithstanding any provision hereof or in any other Loan Document to the contrary, in the event that any Canadian Guarantor is not an “eligible contract participant” as such term is defined in Section 1(a)(18) of the Commodity Exchange Act, as amended, at the time (i) any transaction is entered into under a Hedge Agreement or (ii) such Canadian Guarantor becomes a Loan Party hereunder, the Canadian Obligations of such Canadian Guarantor shall not include, only to the extent and for so long as the Canadian Obligations of such Canadian Guarantor shall be prohibited from including such transactions under the Commodity Exchange Act, (x) in the case of clause (i) above, such transaction and (y) in the case of clause (ii) above, any transactions outstanding under any Hedge Agreements as of the date such Canadian Guarantor becomes a Canadian Guarantor hereunder.
Eligible Contract Participants. Each of Parent and Borrower shall, and shall cause each other Loan Party to, qualify as an “eligible contract participant” under the Commodity Exchange Act.
Eligible Contract Participants. Notwithstanding any provision in this Agreement or in any other Loan Document to the contrary, (i) a Loan Party that is not a Qualified ECP Guarantor (A) shall not be liable for any Excluded Swap Obligations and (B) shall not be deemed to have guaranteed any Excluded Swap Obligations and (ii) any security interest granted to the Lender by a Loan Party that is not a Qualified ECP Guarantor shall not secure the repayment of any Excluded Swap Obligations; provided, however, that at the time any such Loan Party becomes a Qualified ECP Guarantor, the Obligations of such Loan Party shall include, without limitation, any transaction entered into under any Swap Agreement with Lender or its Affiliates and any transactions outstanding under any Swap Agreement with Lender or its Affiliates.
Eligible Contract Participants. It is an “Eligible Contract Participant” as defined in Section 1a(12) of the Commodity Exchange Act, as amended, 7 U.S.C. § 1a(12);
Eligible Contract Participants. No Guarantor shall be deemed under this Article IV to be a guarantor of any Permitted Hedge Obligations if such Guarantor was not an “Eligible Contract Participant” as defined in §1a(18) of the Commodity Exchange Act (“CEA”), as further defined and modified by the final rules issued jointly by the Commodity Futures Trading Commission and the Securities and Exchange Commission as published in 77 FR 30596 (May 23, 2012) (as amended, modified or replaced from time to time, collectively, the “ECP Rules”), at the time the guaranty of such obligations was entered into and to the extent that the providing of such guaranty by such Guarantor would violate the ECP Rules or any other applicable law or regulation; provided however that in determining whether any Guarantor is an “Eligible Contract Participant” under the ECP Rules, the guaranty of the Secured Obligations of such Guarantor under this Article X by a Guarantor that qualifies as an “Eligible Contract Participant” under §1a(18)(A)(v)(I) of the CEA shall be taken into account.
Eligible Contract Participants. Each of Counterparty and Dealer represents that it is an “eligible contract participant” (as such term is defined in Section 1a(18) of the Commodity Exchange Act, as amended, other than a person that is an eligible contract participant under Section 1a(18)(C) of the Commodity Exchange Act).
Eligible Contract Participants. A person who is an ‘‘eligible contract par- ticipant’’ as defined in section 1a(12) of the Act may negotiate any term of an agreement or understanding with a Commission registrant in which the el- igible contract participant agrees, prior to the time a claim or grievance arises, to submit such claim or griev- ance to any settlement procedure pro- vided for in the agreement. [66 FR 42287, Aug. 10, 2001, as amended at 75 FR 55451, Sept. 10, 2010; 77 FR 66349, Nov. 2, 2012] PART 170—REGISTERED FUTURES ASSOCIATIONS Subpart A—Standards Governing Commis- sion Review of Applications for Reg- istration as a Futures Association Under Section 17 of the Act Sec. 170.1 Demonstration of purposes (section 17(b)(1) of the Act). 170.2 Membership restrictions (section 17(b)(2) of the Act). 170.3 Fair and equitable representation of members (section 17(b)(5) of the Act). 170.4 Allocation of dues (section 17(b)(6) of the Act). 170.5 Prevention of fraudulent and manipu- lative practices (section 17(b)(7) of the Act). 170.6 Disciplinary proceedings (sections 17(b)(8) and (b)(9) of the Act). 170.7 Membership denial (section 17(b)(9) of the Act). 170.8 Settlement of customer disputes (sec- tion 17(b)(10) of the Act). 170.9 General standard. 170.10 Proficiency examinations (sections 4p and 17(p) of the Act). Subpart B—Registration Statement of Fu- tures Associations to be Submitted to the Commission 170.11 Form of registration statement; re- view of registration statement. 170.12 Delegation of Authority to Director of the Division of Swap Dealer and Inter- mediary Oversight. Subpart C—Membership in a Registered Futures Association 170.15 Futures commission merchants. 170.16 Swap dealers and major swap partici- pants.
Eligible Contract Participants. Each party represents to the other party that it is an “eligible contract participant” within the meaning of the Commodity Exchange Act (as amended by the Commodity Futures Modernization Act of 2000).
Eligible Contract Participants. Notwithstanding any provision hereof or in any other Loan Document to the contrary, in the event that any Guarantor is not an "eligible contract participant" as such term is defined in Section 1(a)(18) of the Commodity Exchange Act at the time (a) any transaction is entered into under a Swap Agreement or (b) such Guarantor enters into the Guaranty or otherwise guarantees the Obligations, the Obligations of such Guarantor shall not include (i) in the case of clause (a) above, such transaction and (ii) in the case of clause (b) above, any transactions outstanding under any Swap Agreements with Bank or its Affiliates as of the date such Guarantor becomes a Guarantor under the Loan Documents; provided, however, that at the time any Guarantor becomes an "eligible contract participant", the Obligations of such Guarantor shall include, without limitation, any transaction entered into under any Swap Agreement with Bank or its Affiliates and any transactions outstanding under any Swap Agreement with Bank or its Affiliates.
Eligible Contract Participants. Notwithstanding any provision hereof or in any other Credit Document to the contrary, in the event that any Guarantor is not an “eligible contract participant” as such term is defined in Section 1(a)(18) of the Commodity Exchange Act, at the time (i) any transaction is entered into under a Hedge Agreement or (ii) such Guarantor becomes a Guarantor hereunder, the Guarantee Obligations of such Guarantor shall not include, only to the extent and for so long as the Guarantee Obligations of such Guarantor shall be prohibited from including such transactions under the Commodity Exchange Act, (x) in the case of clause (i) above, such transaction and (y) in the case of clause (ii) above, any transactions outstanding under any Hedge Agreements as of the date such Guarantor becomes a Guarantor hereunder.
