Common use of Hedging Agreements Clause in Contracts

Hedging Agreements. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Hedging Agreement, other than Hedging Agreements that are (i) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) entered into in the ordinary course of business; provided that no Hedging Agreement may be entered into for purposes of speculation.

Hedging Agreements. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Hedging Agreement, other than the existing Hedging Agreement entered into with the Administrative Agent and other Hedging Agreements that are (i) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) entered into in the ordinary course of business; provided that no Hedging Agreement may be entered into for purposes business to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed in the conduct of speculationits business or the management of its liabilities.

Hedging Agreements. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Hedging Agreement, other than (a) Hedging Agreements that are required by Section 5.14 and (ib) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) Hedging Agreements entered into in the ordinary course of business; provided that no Hedging Agreement may be entered into for purposes business to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed in the conduct of speculationits business or the management of its liabilities.

Hedging Agreements. The Borrower will not, and nor will not permit any of its Subsidiaries Subsidiary to, enter into any Hedging Agreementhedging arrangements, other than Hedging any Rate Protection Agreements that are (i) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) entered into in the ordinary course of the Borrower’s or any Subsidiary’s business; provided that no Hedging Agreement may be entered into for purposes of speculation.

Hedging Agreements. The Each Borrower will not, and will not permit any of its Restricted Subsidiaries to, enter into any Hedging Agreement, other than Hedging Agreements that are (i) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) entered into in the ordinary course of business to hedge or protect against actual or reasonably anticipated risks to which such Borrower or any Restricted Subsidiary is exposed in the conduct of its business; provided that no Hedging Agreement may be entered into , and not in any event for purposes of speculation.

Hedging Agreements. The Borrower will not, and will not permit any of its the Subsidiaries to, enter into any Hedging Agreement, other than Hedging Agreements that are (i) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) entered into in the ordinary course of business; provided that no Hedging Agreement may be entered into for purposes of speculationbusiness which are designed to protect the Borrower or its Subsidiaries against fluctuations in interest rates, exchange rates or fluctuations in commodity prices.

Hedging Agreements. The Borrower will not, and will not permit any of its the Subsidiaries to, enter into any Hedging Agreement, other than except Hedging Agreements that are (i) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) entered into in the ordinary course of business; provided that no Hedging Agreement may be entered into business to hedge or mitigate risks to which the Borrower or any Subsidiary has bona fide exposure and not for purposes of speculationspeculative purposes.

Hedging Agreements. The Borrower will not, and will not permit any of its the Subsidiaries to, enter into any Hedging Agreement, other than (a) Hedging Agreements that are required by Section 5.14 and (ib) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) Hedging Agreements entered into in the ordinary course of business; provided that no Hedging Agreement may be entered into for purposes business to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed in the conduct of speculationits business or the management of its liabilities.

Hedging Agreements. The Borrower will not, and will not permit any of its Subsidiaries Restricted Subsidiary to, enter into any Hedging Agreement, other than (a) Hedging Agreements that are required by Section 5.14 and (ib) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) Hedging Agreements entered into in the ordinary course of business; provided that no Hedging Agreement may be entered into for purposes business to hedge or mitigate risks to which the Borrower or any Restricted Subsidiary is exposed in the conduct of speculationits business or the management of its liabilities.

Hedging Agreements. The Borrower will not, and will not permit any of its the Subsidiaries to, enter into any Hedging Agreement, other than Hedging Agreements that are (i) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) entered into in the ordinary course of business; provided that no Hedging Agreement may be business (including those entered into for purposes specifically in connection with one or more underlying business transactions) to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed in the conduct of speculationits business or the management of its liabilities.

Hedging Agreements. The Borrower will not, and will not permit any of its the Subsidiaries to, enter into any Hedging Agreement, other than Hedging Agreements that are (i) usual and customary approved by the Administrative Agent in the Borrower’s and its Subsidiaries’ industry or (ii) entered into in the ordinary course of business; provided that no Hedging Agreement may be entered into for purposes of speculationreasonable discretion.

Hedging Agreements. The Borrower will not, and will not ------------------ permit any of its the Consolidated Subsidiaries to, enter into any Hedging Agreement, other than non-speculative Hedging Agreements that are (i) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) entered into in the ordinary course of business; provided that no Hedging Agreement may be entered into for purposes business to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed in the conduct of speculationits business or the management of its liabilities.

Hedging Agreements. The Borrower will not, and will not permit any of its Restricted Subsidiaries to, enter into any Hedging Agreement, other than Hedging Agreements that are (i) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) entered into in the ordinary course of business to hedge or protect against actual or reasonably anticipated risks to which the Borrower or any Restricted Subsidiary is exposed in the conduct and financing of its business; provided that no Hedging Agreement may be entered into , and not in any event for purposes of speculation.

Hedging Agreements. The Borrower will not, and will not permit any of its the Subsidiaries to, enter into any Hedging Agreement, other than (a) Hedging Agreements that are (i) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) entered into in the ordinary course of business; provided that no business to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed in the conduct of its business or the management of its liabilities and (b) Hedging Agreement may be Agreements entered into for purposes by any Financial Institution Subsidiary in the ordinary course of speculationits business.

Hedging Agreements. The Borrower will not, and will ------------------- not permit any of its Subsidiaries to, enter into any Hedging Agreement, other than (a) Hedging Agreements that are required by Section 5.14 and (ib) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) Hedging Agreements entered into in the ordinary course of business; provided that no Hedging Agreement may be entered into for purposes business to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed in the conduct of speculationits business or the management of its liabilities.

Hedging Agreements. The Borrower will not, and will not permit any of its Restricted Subsidiaries to, enter into any Hedging Agreement, other than Hedging Agreements that are (i) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) entered into in the ordinary course of business to hedge or mitigate interest rate, currency, commodities or energy exposure to which the Borrower or any Restricted Subsidiary is exposed in the conduct of its business; provided that no Hedging Agreement may be entered into for purposes of speculation.

Hedging Agreements. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Hedging Agreement, other than (a) Hedging Agreements that are required by Section 5.16 and (ib) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) Hedging Agreements entered into in the ordinary course of business; provided that no Hedging Agreement may be entered into for purposes business to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed in the conduct of speculationits business or the management of its liabilities in an aggregate notional amount not to exceed $54,000,000.

Hedging Agreements. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Hedging Agreement, other than (a) Hedging Agreements that are required or permitted by Section 5.14 and (ib) usual and customary subject to the limitations set forth in the Borrower’s and its Subsidiaries’ industry or (ii) Section 5.14, Hedging Agreements entered into in the ordinary course of business; provided that no Hedging Agreement may be entered into for purposes of speculation.business to hedge or mitigate risks to which the

Hedging Agreements. The Borrower will not, and will not ------------------- permit any of its Restricted Subsidiaries to, enter into any Hedging Agreement, other than (a) Hedging Agreements that are required by Section 5.14 and (ib) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) Hedging Agreements entered into in the ordinary course of business; provided that no Hedging Agreement may be entered into for purposes business to hedge or mitigate risks to which the Borrower or any Restricted Subsidiary is exposed in the conduct of speculationits business or the management of its liabilities.

Hedging Agreements. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Hedging Agreement, other than the Hedging Agreement referred to in Section 4.01(h) and other Hedging Agreements that are (i) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) entered into in the ordinary course of business; provided that no Hedging Agreement may be entered into for purposes business to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed in the conduct of speculationits business or the management of its liabilities.

Hedging Agreements. The Borrower will not, and will not permit any of its the Subsidiaries to, enter into any Hedging Agreement, other than Hedging Agreements that are (i) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) entered into in the ordinary course of business; provided that no Hedging business in accordance with the hedging policy attached as Exhibit D to the US Term Loan Agreement may (mutatis mutandis), which policy shall not be entered into for purposes modified or amended during the term of speculationthis Agreement, to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed in the conduct of its business or the management of its liabilities.

Hedging Agreements. The Borrower will not, and will not permit any of its Restricted Subsidiaries to, enter into any Hedging Agreement, other than (a) Hedging Agreements that are required by Section 5.14 of the Existing Credit Agreement and (ib) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) Hedging Agreements entered into in the ordinary course of business; provided that no Hedging Agreement may be entered into for purposes business to hedge or mitigate risks to which the Borrower or any Restricted Subsidiary is exposed in the conduct of speculationits business or the management of its liabilities.

Hedging Agreements. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Hedging Agreement, other than (a) Hedging Agreements that are required by Section 5.14 and (ib) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) Hedging Agreements entered into in the ordinary course of business; provided that no Hedging Agreement may be entered into business to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed in the conduct of its business or the management of its liabilities and not for purposes of speculationspeculative purposes.

Hedging Agreements. The Borrower will not, and nor will not it ------------------- permit any of its Restricted Subsidiaries to, enter into any Hedging Agreement, other than Hedging Agreements that are (i) usual required by the Purchase Money Credit Agreement and customary in the Borrower’s and its Subsidiaries’ industry or (ii) other Hedging Agreements entered into in the ordinary course of business; provided that no Hedging Agreement may be entered into for purposes business to hedge or mitigate risks to which the Borrower or any Restricted Subsidiary is exposed in the conduct of speculationits business or the management of its liabilities.

Hedging Agreements. The Borrower will not, and will not permit any of its the Subsidiaries to, enter into any Hedging Agreement, other than Hedging Agreements that are (i) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) entered into in the ordinary course of business; provided that no Hedging Agreement may business in accordance with the hedging policy attached as Exhibit D hereto, which policy shall not be entered into for purposes modified or amended during the term of speculationthis Agreement, to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed in the conduct of its business or the management of its liabilities.

Hedging Agreements. The Borrower will not, and will not permit any of its the Subsidiaries to, enter into any Hedging Agreement, other than (a) Hedging Agreements that are required by Section 5.11 and (ib) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) Hedging Agreements entered into in the ordinary course of business; provided that no Hedging Agreement may be entered into for purposes business to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed in the conduct of speculationits business or the management of its liabilities.

Hedging Agreements. The Borrower will not, and will not permit any of its the Subsidiaries to, enter into any Hedging Agreement, other than the Equity Forward Agreement, other Synthetic Purchase Agreements permitted by Sections 6.01(a)(xiii) and other Hedging Agreements that are (i) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) entered into in the ordinary course of business; provided that no Hedging Agreement may be entered into for purposes business to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed in the conduct of speculationits business and the management of its liabilities.

Hedging Agreements. The Borrower will not, and will not permit any of its the Subsidiaries to, enter into any Hedging Agreement, other (i) than Hedging Agreements that are (i) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) entered into in the ordinary course of business; provided that no business to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed in the conduct of its business or the management of its liabilities and (ii) Hedging Agreement may be entered into for purposes of speculationAgreements required by Section 6.15.

Hedging Agreements. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Hedging Agreement, other than Hedging Agreements that are (i) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) entered into for bona fide hedging purposes (and not for speculative purposes) in the ordinary course of business; provided that no Hedging Agreement may be entered into for purposes of speculation.

Hedging Agreements. The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Hedging Agreement, other than Hedging Agreements that are (i) usual the Hedging Agreements entered into on or before the Effective Date and customary referred to in the Borrower’s Section 3.16, and its Subsidiaries’ industry or (ii) Hedging Agreements entered into in the ordinary course of business; provided that no Hedging Agreement may be entered into for purposes business to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed in the conduct of speculationits business or the management of its liabilities.

Hedging Agreements. The Borrower will not, and nor will not it ------------------- permit any of its Restricted Subsidiaries to, enter into any Hedging Agreement, other than Hedging Agreements that are (i) usual required by Section 5.13 and customary in the Borrower’s and its Subsidiaries’ industry or (ii) other Hedging Agreements entered into in the ordinary course of business; provided that no Hedging Agreement may be entered into for purposes business to hedge or mitigate risks to which the Borrower or any Restricted Subsidiary is exposed in the conduct of speculationits business or the management of its liabilities.

Hedging Agreements. The Borrower will not, and will not permit any of its Restricted Subsidiaries to, enter into any Hedging Agreement, other than Hedging Agreements that are (i) usual and customary in the Borrower’s and its Subsidiaries’ industry or (ii) entered into by the Borrower in the ordinary course of business; provided that no Hedging Agreement may be entered into for purposes business to hedge or mitigate risks to which the Borrower or any Restricted Subsidiary is exposed in the conduct of speculationits business or the management of its assets and liabilities.

Hedging Agreements. The No Borrower will, and no Borrower will not, and will not permit any of its Subsidiaries to, enter into any Hedging Agreement, except Hedging Agreements (a) the liabilities under which are unsecured and (b) which are entered into not for speculative purposes but to hedge or mitigate risks to which a Borrower or any Subsidiary has actual exposure (other than Hedging Agreements that are (i) usual and customary those in respect of the capital stock of a Borrower or any of a Borrower’s and its Subsidiaries’ industry or (ii) entered into in the ordinary course of business; provided that no Hedging Agreement may be entered into for purposes of speculation).