Hedging Contracts. No Loan Party is a party to, nor will it be a party to, any Hedging Contract unless same provides that damages upon termination following an event of default thereunder are payable on a “two-way basis” without regard to fault on the part of either party.
Appears in 6 contracts
Samples: Credit Agreement (Ramaco Resources, Inc.), Credit and Security Agreement (Ramaco Resources, Inc.), Credit and Security Agreement (Ramaco Resources, Inc.)
Hedging Contracts. No Loan Party is a party to, to (nor will it be a party to, ) any Hedging Contract unless same (a) it provides that termination damages upon termination following an event of default thereunder are payable on a “two-way basis” without regard to fault on the part of either partyparty and (b) it is entered into in the ordinary course of business (and not for speculative purposes).
Appears in 3 contracts
Samples: Credit and Security Agreement (1847 Holdings LLC), Credit and Security Agreement (1847 Holdings LLC), Credit and Security Agreement (Danimer Scientific, Inc.)
Hedging Contracts. No Loan Party is a party to, nor will it be a party to, any Hedging Contract unless same provides that damages upon termination following an event of default thereunder are payable on a “"two-way basis” " without regard to fault on the part of either party.
Appears in 1 contract
Samples: Credit and Security Agreement (Blonder Tongue Laboratories Inc)
Hedging Contracts. No Except as set forth on Schedule 5.18, no Loan Party is a party to, nor will it be a party to, any Hedging Contract unless same provides that damages upon termination following an event of default thereunder are payable on a “an unlimited "two-way basis” " without regard to fault on the part of either party.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Allegheny Technologies Inc)
Hedging Contracts. No Except as set forth on Schedule 5.18, no Loan Party is a party to, nor will it be a party to, any Hedging Contract unless same provides that damages upon termination following an event of default thereunder are payable on a an unlimited “two-way basis” without regard to fault on the part of either party.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Allegheny Technologies Inc)
Hedging Contracts. No Loan Party is a party to, nor will it be a party to, any Hedging Contract unless same provides that damages upon termination following an event of default thereunder are payable (in cash or in kind) on a “two-way basis” without regard to fault on the part of either party, although liability for damages in connection with such fault is not precluded by the foregoing.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Imco Recycling Inc)
