Hedging Documents. Each Hedging Bank will provide to the Senior Agent copies of all agreements and documents constituting or evidencing any hedging facilities provided to any Obligor. Such agreements and documents must be in form and substance satisfactory to the Senior Agent, acting reasonably.
Hedging Documents. (a) Each Hedging Bank will provide to the Senior Agent copies of all Hedging Documents to which it is party and copies of all agreements and documents constituting or evidencing any hedging facilities provided to any Obligor by that Hedging Bank. Such agreements and documents must be in form and substance satisfactory to the Senior Agent, acting reasonably.
(b) Each Hedging Security Document entered into after the date of this Agreement will be in substantially the form, mutatis mutandis, of the corresponding Trustee Security Documents or, as the case may be, the guarantee in clause 18 (Guarantee and Indemnity) of the Senior Facility Agreement.
(c) No Hedging Security Document:
(i) may create any Security Interest over any asset of a member of the Group that is not subject to an equivalent Security Interest under the Trustee Security Documents (other than, in the case of the Hedging Security Documents entered into prior to the date of this Agreement, the assets of eircom and ITI); or
(ii) may constitute a guarantee from any member of the Group that is not a Guarantor (other than, in the case of the Hedging Security Documents entered into prior to the date of this Agreement, eircom or ITI).
(d) Each Hedging Bank which is party to a Hedging Document to which eircom Funding is party hereby confirms receipt of notice of assignment by way of security of all of eircom Funding’s rights in respect of such Hedging Document.
Hedging Documents. Each Obligor and each Hedge Counterparty agrees that:
29.6.1 the Hedging Documents shall provide for “two way payments” or payments under the “Second Method” in the event of a termination of a hedging transaction whether on a Termination Event or an Event of Default (each as defined in the relevant Hedging Documents) meaning that the defaulting party under the Hedging Documents may receive payment under the relevant termination provisions if the net replacement value of all terminated transactions affected under the relevant Hedging Documents is in its favour;
29.6.2 each Hedging Agreement shall be based on the 1992 standard ISDA Master Agreement (or any successor agreement);
29.6.3 if an amount falls due from a Hedge Counterparty to any Obligor on or following the date of any Enforcement Action or the termination or closing out of any hedging transaction under a Hedging Document, that Hedge Counterparty shall pay that amount to the Security Trustee, which shall apply it as set out in Clause 30.1 (Declaration of Trust: Order of application); and
29.6.4 the Hedging Documents shall provide that the relevant Hedge Counterparty shall if so requested by the Administrative Agent following a declaration under Clause 23.17 (Acceleration) be entitled to terminate or close out any hedging transaction entered into under the relevant Hedging Documents.
Hedging Documents. All hedging transactions must be transacted under the Hedging Documents.
Hedging Documents. Each Hedging Lender will promptly provide to the Security Agent copies of the relevant Hedging Documents to which it is a party. The Hedging Documents entered into by the Hedging Lenders shall:-
(a) be based on the 1992 ISDA Master Agreement; and
(b) provide that in the event of termination or closing-out of any hedging transaction entered into under the terms of those Hedging Documents for whatever reason, both the relevant Hedging Lender and the relevant Obligor may be obliged to make a compensating payment (with the intent that the defaulting party under the Hedging Documents will be entitled to receive payment under the Hedging Documents if the application of the termination provisions of the Hedging Documents results in a negative number) and that any provision which would entitle the relevant Hedging Lender to refuse to make any payment which would otherwise be due from it shall be disapplied; and
(c) provide that the relevant Hedging Lender will if so requested by the Senior Representative under Clause 12.1 (Hedging Enforcement Action) following a declaration under Clause 17.2 (Cancellation and Repayments) of the Senior Facilities Agreement be entitled to terminate or close-out any hedging transaction entered into under the relevant Hedging Documents; and
(d) not elect for the application of Automatic Early Termination (as defined in the Hedging Documents).
Hedging Documents. The Hedging Bank will provide to the Facility Agent copies of all documents constituting the Hedging Documents as soon as reasonably practicable.
Hedging Documents. Each Hedging Bank shall promptly provide to the Security Agent copies of all Hedging Documents to which that Hedging Bank is a party.
Hedging Documents. (a) All Hedging Documents must be based on 1992 ISDA Master Agreements unless otherwise agreed by the Senior Agent.
(b) Each Hedging Bank will provide to the Senior Agent copies of all Hedging Documents. Such agreements and documents must be in form and substance satisfactory to the Senior Agent, acting reasonably.
Hedging Documents. 9.4.1 The Borrower and each Hedge Counterparty shall ensure that each Hedging Agreement to which it is a party shall include as an Event of Default (as therein defined) a Senior Event of Default and a Mezzanine Event of Default;
9.4.2 each Hedge Counterparty will provide to the Security Agent copies of all documents constituting the Hedging Documents as soon as reasonably practicable.
Hedging Documents. (a) Each Hedging Bank shall promptly provide to the Security Agent copies of all Hedging Documents to which that Hedging Bank is a party.
(b) Each Hedging Document shall:
(i) be based on the ISDA Master Agreement;
(ii) provide for two-way payments (or, in respect of the 1992 ISDA Master Agreement, payments under the “Second Method” and “Market Quotation” (as defined in the relevant Hedging Document)) in the event of termination of a derivative transaction, whether upon a Termination Event or an Event of Default (each as defined in the relevant Hedging Document); and
(iii) provide that the relevant Hedging Bank will, if so requested by the Security Agent under paragraph (b) of Clause 21.1 (Permitted hedging enforcement), following the occurrence of a Senior Declared Default, be entitled to designate an Early Termination Date under or otherwise terminate each Hedging Document to which it is a party and any derivative transaction entered into under the relevant Hedging Document.
