Guaranties of Hedging Obligations Sample Clauses

Guaranties of Hedging Obligations. Notwithstanding anything else to the contrary in any Loan Document, no non-Qualified ECP Guarantor shall be required to guarantee or provide security for Excluded Swap Obligations, and any reference in any Loan Document with respect to such non-Qualified ECP Guarantor guaranteeing or providing security for the Obligations shall be deemed to be all Obligations other than the Excluded Swap Obligations.
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Guaranties of Hedging Obligations. Notwithstanding anything else to the contrary in any Credit Document, no Specified Credit Party shall be required to guarantee or provide security for Excluded Swap Obligations, and any reference in any Credit Document with respect to such Specified Credit Party guaranteeing or providing security for the Obligations shall be deemed to be all Obligations other than the Excluded Swap Obligations.
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Guaranties of Hedging Obligations. Notwithstanding anything else to the contrary in any Loan Document, no Guarantor shall be required to guarantee or provide security for Excluded Swap Obligations, and any reference in any Loan Document with respect to such Guarantor guaranteeing or providing security for the Obligations shall be deemed to be all Obligations other than the Excluded Swap Obligations.
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Guaranties of Hedging Obligations. Notwithstanding anything else to the contrary in any Loan Document, no Loan Party shall be required to guarantee or provide security for Excluded Swap Obligations, and any reference in any Loan Document with respect to such Loan Party guaranteeing or providing security for the Obligations shall be deemed to be all Obligations other than the Excluded Swap Obligations.” (b) The following defined terms shall be added to Section 1.01 of the Credit Agreement in alphabetical order:
Sample 1
Guaranties of Hedging Obligations. Notwithstanding anything else to the contrary in any Loan Document, no Subsidiary that is prohibited by the Commodity Exchange Act or any rule, regulation or order of the Commodity Futures Trading Commission (or the application or official interperation thereof) from providing a guarantee of any Obligations of any other Loan Party arising under any Secured Hedge Agreement (such Obligations, the “Secured Hedge Obligations”) that constitutes a “swap” within the meaning of section 1a(47) of the Commodity Exchange Act as amended or modified from time to time (any such Secured Hedging Agreement, an “Excluded Secured Hedging Agreement”) shall be required to guarantee or provide security for the Secured Hedge Obligations, and any reference in any Loan Document with respect to such Subsidiary guaranteeing or providing security for the Obligations shall be deemed to be all Obligations other than the Secured Hedge Obligations arising under the Excluded Secured Hedge Agreements.” (h) Section 2.01 of the Credit Agreement is hereby amended by adding the following paragraph (c) to such Section: (i) Subject to the terms and conditions set forth herein and set forth in Amendment No. 1, each Term Lender severally agrees to exchange its Exchanged Term B Loans for a like principal amount of Exchange Term B-1 Loans denominated in Dollars on the Amendment No. 1 Effective Date. Amounts borrowed under this Section 2.01(c)(i) and repaid or prepaid may not be reborrowed. Exchange Term B-1 Loans may be Base Rate Loans or Eurocurrency Rate Loans, as further provided herein. All Term B-1 Loans made on the Amendment No. 1 Effective Date by Lenders of Exchanged Term B Loans will have the Type of Loan and Interest Period specified in in the Request for Credit Extension delivered in connection therewith (notwithstanding the required periods set forth in the definition of Interest Period). (ii) Subject to the terms and conditions set forth herein and set forth in Amendment Xx. 0, xxxx Xxxxxxxxxx Xxxx X-0 Lender severally agrees to make an Additional Term B-1 Loan denominated in Dollars to the Borrowers on the Amendment No. 1 Effective Date in the principal amount equal to its Additional Term B-1 Commitment on the Amendment No. 1
Sample 1
Guaranties of Hedging Obligations. Notwithstanding anything else to the contrary in any Loan Document, no Subsidiary that is prohibited by the Commodity Exchange Act or any rule, regulation or order of the Commodity Futures Trading Commission (or the application or official interperationinterpretation thereof) from providing a guarantee of any Obligations of any other Loan Party arising under any Secured Hedge Agreement (such Obligations, the “Secured Hedge Obligations”) that constitutes a “swap” within the meaning of section 1a(47) of the Commodity Exchange Act as amended or modified from time to time (any such Secured Hedging Agreement, an “Excluded Secured Hedging Agreement”) shall be required to guarantee or provide security for the Secured Hedge Obligations, and any reference in any Loan Document with respect to such Subsidiary guaranteeing or providing security for the Obligations shall be deemed to be all Obligations other than the Secured Hedge Obligations arising under the Excluded Secured Hedge Agreements.
Sample 1

Related to Guaranties of Hedging Obligations

  • Litigation and Contingent Obligations There is no litigation, arbitration, governmental investigation, proceeding or inquiry pending or, to the knowledge of any of their officers, threatened against or affecting the Borrower or any of its Subsidiaries which could reasonably be expected to have a Material Adverse Effect or which seeks to prevent, enjoin or delay the making of any Loans. Other than any liability incident to any litigation, arbitration or proceeding which could not reasonably be expected to have a Material Adverse Effect, the Borrower has no material contingent obligations not provided for or disclosed in the financial statements referred to in Section 5.4.

  • Guaranties Guarantee or become liable in any way as surety, endorser (other than as endorser of negotiable instruments for deposit or collection in the ordinary course of business), accommodation endorser or otherwise for, nor pledge or hypothecate any assets of Borrower as security for, any liabilities or obligations of any other person or entity, except any of the foregoing in favor of Bank.

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