HEDGE AGREEMENTS, ETC Sample Clauses

HEDGE AGREEMENTS, ETC. In the event the Borrower or any of its Subsidiaries determines to enter into a Hedge Agreement it may do so, PROVIDED that (i) the purpose of such Hedge Agreement is to provide protection to the Borrower or any such Subsidiary from fluctuations and other changes in interest rates and currency exchange rates, as and to the extent considered reasonably necessary by the Borrower, but without exposing the Borrower or its Subsidiaries to predominantly speculative risks unrelated to the amount of assets, Indebtedness or other liabilities intended to be subject to coverage on a notional basis under all such Hedge Agreements; and (ii) in the case of any Hedge Agreement entered into after the Effective Date, only if the proposed form thereof (including any proposed pricing or other material terms) has been provided to the Administrative Agent contemporaneously with the entry into such Hedge Agreement.
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HEDGE AGREEMENTS, ETC. In the event the Borrower or any of its Subsidiaries determines to enter into a Hedge Agreement it may do so, provided that (i) the Hedge Agreement does not expose the Borrower or its Subsidiaries to predominantly speculative risks unrelated to the amount of assets, Indebtedness or other liabilities intended to be subject to coverage on a notional basis under all such Hedge Agreements; and (ii) in the case of any Hedge Agreement entered into after the Effective Date with respect to interest rates, only if the proposed form thereof (including any proposed pricing or other material terms) has been provided to the Administrative Agent, for its consideration of any potential intercreditor issues, contemporaneously with the entry into such Hedge Agreement.
HEDGE AGREEMENTS, ETC. In the event the Parent, Lessee or any of the Subsidiaries determine to enter into a Hedge Agreement they may do so, PROVIDED that such Hedge Agreement, when considered in light of other outstanding Hedge Agreements to which that person is a party, does not expose that person to predominantly speculative risks unrelated to the amount of assets, Indebtedness or other liabilities intended to be subject to coverage on a notional basis under such Hedge Agreement. The parties to any Financial Hedge Agreement, the calculation of credit exposure under any Financial Hedge Agreement, any intercreditor issues with the Lessor and Participants and the documentation therefor (which shall conform in all respects to ISDA standards) must be reasonably acceptable to the Lessor in all respects.
HEDGE AGREEMENTS, ETC. In the event the Borrower or any of its Subsidiaries determines to enter into a Hedge Agreement it may do so with any Non-Defaulting Lender or any other institution reasonably acceptable to the Administrative Agent, provided that the purpose of such Hedge Agreement is to provide protection to the Borrower or any such Subsidiary from fluctuations and other changes in interest rates and currency exchange rates, as and to the extent considered reasonably necessary by the Borrower, but without exposing the Borrower or its Subsidiaries to predominantly speculative risks unrelated to the amount of assets, Indebtedness or other liabilities intended to be subject to coverage on a notional basis under all such Hedge Agreements.
HEDGE AGREEMENTS, ETC. The Borrower will, and will cause each of its Subsidiaries to, enter into Hedge Agreements (i) in order to provide protection to the Borrower or any such Subsidiary from fluctuations and other changes in interest rates and currency exchange rates, as and to the extent considered reasonably necessary by the Borrower, but without exposing the Borrower or its Subsidiaries to predominantly speculative risks unrelated to the amount of assets, Indebtedness or other liabilities intended to be subject to coverage on a notional basis under all such Hedge Agreements; and (ii) in the case of any Hedge Agreement entered into after the Effective Date, only if the proposed form thereof (including any proposed pricing or other material terms) has been provided to the Administrative Agent contemporaneously with the entry into such Hedge Agreement.
HEDGE AGREEMENTS, ETC. In the event the Company or any of its Subsidiaries desires to enter into any Hedge Agreement in order to provide protection to the Company or any such Subsidiary from fluctuations and other changes in interest rates and currency exchange rates, the Company or such Subsidiary will be free to do so, provided that the Company will not, and will not permit any Subsidiary to, enter into a Hedge Agreement which exposes the Company or its Subsidiaries to predominantly speculative risks unrelated to the amount of assets, Indebtedness or other liabilities intended to be subject to coverage on a notional basis under all such Hedge Agreements.
HEDGE AGREEMENTS, ETC. In the event any of the Borrowers or any of their respective Material Subsidiaries determine to enter into a Hedge Agreement they may do so, provided that such Hedge Agreement is entered to for the purpose of hedging or mitigating risks to which a Borrower or any Material Subsidiary is exposed in the conduct of its business or the management of its liabilities and, when considered in light of other outstanding Hedge Agreements to which that Borrower or that Material Subsidiary is a party, does not expose that Borrower or that Material Subsidiary, as the case may be, to predominantly speculative risks unrelated to the amount of assets, Indebtedness or other liabilities intended to be subject to coverage on a notional basis under such Hedge Agreement.
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HEDGE AGREEMENTS, ETC. (a) In the event the Borrower or any of its Subsidiaries determines to enter into a Hedge Agreement it may do so, PROVIDED that (i) the purpose of such Hedge Agreement is to provide protection to the Borrower or any such Subsidiary from fluctuations and other changes in interest rates, currency exchange rates and/or commodity prices, as and to the extent considered reasonably necessary by the Borrower, but without exposing the Borrower or its Subsidiaries to predominantly speculative risks unrelated to the amount of assets, Indebtedness or other liabilities intended to be subject to coverage on a notional basis under all such Hedge Agreements; and (ii) in the case of any Hedge Agreement entered into after the Effective Date for the purpose of protecting against fluctuations in interest rates, only if the proposed form thereof (including any proposed pricing or other material terms) has been provided to the Administrative Agent, for its consideration of any potential intercreditor issues, contemporaneously with the entry into such Hedge Agreement. (b) Without limitation of the foregoing, the Borrower will obtain within 30 days following the Closing Date, and thereafter maintain in effect for a period of at least two years, a Hedge Agreement, in form and substance satisfactory to the Joint Lead Arrangers, with a notional amount of at least $175,000,000, protecting the Borrower against such changes in interest rates as can be obtained at reasonable cost in light of prevailing market conditions.
HEDGE AGREEMENTS, ETC. If the Borrower determines to enter into any Hedge Agreement, it may do so, and if any Subsidiary of the Borrower determines to enter into any Hedge Agreement, the Borrower will ensure that it does so, but only if such Hedge Agreement is entered into in compliance with the following requirements: (i) the principal purpose of such Hedge Agreement, insofar as the Borrower or any Subsidiary is concerned, is to provide protection to the Borrower or any such Subsidiary from fluctuations and other changes in interest rates and currency exchange rates, as and to the extent considered reasonably necessary by the Borrower; (ii) such Hedge Agreement does not expose the Borrower or its Subsidiaries to predominantly speculative risks unrelated to the amount of assets, Indebtedness or other liabilities intended to be subject to coverage on a notional basis under such Hedge Agreement and any other Hedge Agreements related thereto; and (iii) in the case of any Hedge Agreement entered into after the Effective Date, prior to the entry into such Hedge Agreement the Borrower shall have furnished to the Administrative Agent the proposed form thereof (including any proposed pricing or other material terms).
HEDGE AGREEMENTS, ETC. (a) If the Borrower proposes to enter into any Hedge Agreement, the Borrower will do so (i) only in order to provide protection to the Borrower from fluctuations and other changes in interest rates, as and to the extent considered reasonably necessary by the Borrower, but without exposing the Borrower to predominantly speculative risks unrelated to the amount of assets, Indebtedness or other liabilities intended to be subject to coverage on a notional basis under all such Hedge Agreement; and (ii) only if prior to the Borrower entering into any such Hedge Agreement, the Borrower notifies the Administrative Agent thereof in writing, specifying the material terms of such transaction. (b) Without limitation of the foregoing, the Borrower will obtain within 30 days following the initial Borrowing for a Project hereunder, and thereafter maintain in effect for a period ending not earlier than the projected expiration date of the applicable Mini-Perm Period for such Project, one or more Hedge Agreements, in form and substance satisfactory to the Administrative Agent and the Required Lenders, with an aggregate notional amount at least equal to 100% of the Reserved Portion of the Total Commitment attributable to such Project, protecting the Borrower against changes in floating interest rates hereunder as compared to United States Treasury interest rates or yields, as can be obtained at reasonable cost in light of prevailing market conditions.
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