Hedge Counterparties in the definitions of “Acceptable Hedge Counterparty” and “Hedge Counterparty” in Clause 1.1 (Definitions) of the Intercreditor Agreement, after the words “credit institution” add the words “or financial institution”.
Hedge Counterparties. A person is a Hedge Counterparty and is entitled to share in any Transaction Security and the Guarantees in respect of any Hedging Obligations only if the person is a financial institution selected by the Issuer, provided that that financial institution delivers to the Security Agent a duly completed and signed Creditor/Representative Accession Undertaking and the Security Agent executes such Creditor/Representative Accession Undertaking.
Hedge Counterparties. So long as any Lender is a Defaulting Lender, such Lender shall not be a Hedge Counterparty with respect to any Hedging Agreement entered into while such Lender was a Defaulting Lender.
Hedge Counterparties. The Hedge Counterparties may not take, accept or receive the benefit of any Security, guarantee, indemnity or other assurance against loss from any member of the Group in respect of the Hedging Liabilities other than:
Hedge Counterparties. If at any time a Hedge Counterparty ceases to be an Eligible Counterparty, the Borrower will cause the Transferor to replace such Hedge Counterparty with an Eligible Counterparty under each Credit Default Swap to which such Hedge Counterparty is a party by no later than the earlier of (i) the 30th day following the date on which such Hedge Counterparty ceases to be an Eligible Counterparty or (ii) the fifth Business Day after such date in the event that such Hedge Counterparty's short-term debt rating is withdrawn by any Rating Agency or is downgraded below A-2 by S&P or below P-2 by Xxxxx'x. Each such replacement will be made pursuant to documentation in substantially the form of Exhibit D or otherwise in form and substance reasonably satisfactory to the Required Committed Lenders.
Hedge Counterparties. If at any time a Hedge Counterparty ceases to be an Eligible Counterparty, the Transferor shall replace such Hedge Counterparty with an Eligible Counterparty under each Credit Default Swap or deposit cash collateral into a Credit Default Collateral Account in a manner and in an amount satisfactory to the Transferee and each Committed Lender by no later than the earlier of (i) the 30th day following the date on which such Hedge Counterparty ceases to be an Eligible Counterparty or (ii) the fifth Business Day after such date in the event that such Hedge Counterparty's short-term debt rating is withdrawn by any Rating Agency or is downgraded below A-2 by S&P or below P-2 by Xxxxx'x. Each such replacement will be made pursuant to documentation substantially in the form of Exhibit D to the Receivables Loan Agreement (or such other documentation in form and substance reasonably satisfactory to the Required Committed Lenders; provided that if the only material differences between the documentation set forth in Exhibit D to the Receivables Loan Agreement and the documentation proposed to be used for such credit default swap transaction arise out of changes to the standard form credit default swap documentation published by the International Swap and Derivatives Association, Inc. (or any successor thereto), then the Transferor may use such proposed documentation without the consent of any party other than the Administrative Agent).
Hedge Counterparties. (a) Subject to Clause 2.5 (Maximum holdings of Noteholders; maximum interest in certain Security granted to Hedge Counterparties) and the approval of the Ministers, a Hedge Counterparty may (in accordance with the terms of the relevant Hedging Agreement and subject to any consent required under that Hedging Agreement) transfer any of its rights and benefits and corresponding obligations in respect of the Hedging Agreements to which it is a party if any transferee has (if not already Party as a Hedge Counterparty) acceded to this Agreement as a Hedge Counterparty pursuant to Clause 18.9 (Creditor/Agent Accession Undertaking).
(b) No person shall become a Hedge Counterparty unless it accedes to this Agreement in such capacity pursuant to Clause 18.9 (Creditor/Agent Accession Undertaking) and complies with Clause 4.1 (Identity of Hedge Counterparties).
Hedge Counterparties. 25.8.1 Any Lender or Affiliate of a Lender which becomes a Hedge Counterparty shall accede to this Agreement as a Hedge Counterparty by delivery to the Security Agent of a duly completed Hedge Counterparty Accession Letter.
25.8.2 Where this Agreement or any other Finance Document imposes an obligation on a Hedge Counterparty and the relevant Hedge Counterparty is an Affiliate of a Lender and is not a party to that document, the relevant Lender shall ensure that the obligation is performed by its Affiliate.
25.8.3 If a Lender which transfers all of its rights and obligations as provided in this clause 25 is a Hedge Counterparty at the time of such transfer, it shall, notwithstanding such transfer, remain a Hedge Counterparty in respect of those Hedge Agreements which it entered into while it was Lender and shall remain a Party to this Agreement in such capacity until such time as there are no such Hedge Agreements remaining in effect.
Hedge Counterparties. Any person which enters into a Hedging Agreement as a counterparty shall promptly become a party hereto as a Hedge Counterparty by the completion and execution of a Deed of Accession.
Hedge Counterparties. In acting pursuant to this Agreement and the Senior Secured Notes Indenture, the Notes Trustee is not required to have any regard to the interests of the Hedge Counterparties.
