Common use of Hedging Transactions Clause in Contracts

Hedging Transactions. The Borrower will not, and will not permit any of the Restricted Subsidiaries to, enter into any Hedging Transaction, other than Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, the Borrower acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which the Borrower or any of the Restricted Subsidiaries is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock or any Indebtedness or (ii) as a result of changes in the market value of any Capital Stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. The Borrower Borrowers will not, and will not permit any of the Restricted their respective Subsidiaries to, enter into any Hedging Transaction, other than Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the any Borrower or any Restricted Subsidiary of its respective Subsidiaries is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, the each Borrower acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which the any Borrower or any of the Restricted its respective Subsidiaries is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock or any Indebtedness or (ii) as a result of changes in the market value of any Capital Stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. The Borrower will not, and will not permit any of the Restricted its Subsidiaries to, enter into any Hedging Transaction, other than Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any Restricted Subsidiary of its Subsidiaries is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, the Borrower acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which the Borrower or any of the Restricted its Subsidiaries is or may become obliged to make any payment (ia) in connection with the purchase by any third party of any Capital Stock or any Indebtedness or (iib) as a result of changes in the market value of any Capital Stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. The Holdings and the Borrower will not, and will not permit any of the Restricted Subsidiaries to, enter into any Hedging Transaction, other than Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which Holdings, the Borrower or any Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, each of Holdings and the Borrower acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which the Borrower or any of the Restricted Subsidiaries is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock common stock or any Indebtedness or (ii) as a result of changes in the market value of any Capital Stock common stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. The Borrower will not, and will not permit any of the its Restricted Subsidiaries to, enter into any Hedging Transaction, other than Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any of its Restricted Subsidiary Subsidiaries is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, the Borrower acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which the Borrower or any of the its Restricted Subsidiaries is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock or any Indebtedness or (ii) as a result of changes in the market value of any Capital Stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. The Borrower will not, and will not permit the Parent and any of the Restricted Subsidiaries of the Parent to, enter into any Hedging Transaction, other than Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower Parent or any Restricted Subsidiary of the Parent is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, the Borrower acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which the Borrower Parent or any of the Restricted Subsidiaries of the Parent is or may become obliged to make any payment (ia) in connection with the purchase by any third party of any Capital Stock or any Indebtedness or (iib) as a result of changes in the market value of any Capital Stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. The Borrower will not, and will not permit any of the Restricted Subsidiaries to, enter into any Hedging Transaction, other than Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, the Borrower acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which the Borrower or any of the Restricted Subsidiaries Subsidiary is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock common stock or any Indebtedness or (ii) as a result of changes in the market value of any Capital Stock common stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. The Borrower will not, and will not permit any of the Restricted its Subsidiaries to, enter into any Hedging Transaction, other than Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilitiesliabilities arising in the ordinary course of business. Solely for the avoidance of doubt, the Borrower acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which the Borrower or any of the Restricted its Subsidiaries is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock capital stock, partner or limited liability company interests or other ownership interests, or any Indebtedness Indebtedness, of the Borrower or any Subsidiary, or (ii) as a result of changes in the market value of any Capital Stock such capital stock, partner or any limited liability company interests or other ownership interests, or Indebtedness) is not a Hedging Transaction Obligations entered into in the ordinary course of business to hedge or mitigate such risks.

Hedging Transactions. The Borrower Borrowers will not, and will not permit any of the their Restricted Subsidiaries to, enter into any Hedging Transaction, other than Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower Borrowers or any Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, the Borrower acknowledges Borrowers acknowledge that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which the Borrower Borrowers or any of the their Restricted Subsidiaries is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock or any Indebtedness or (ii) as a result of changes in the market value of any Capital Stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. The Borrower will not, and will not permit any of the Restricted Subsidiaries to, enter into any Hedging Transaction, other than Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, the Borrower acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which the Borrower or any of the Restricted Subsidiaries is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock common stock or any Indebtedness or (ii) as a result of changes in the market value of any Capital Stock common stock or any IndebtednessIndebtedness but shall be deemed to exclude any Hedging Transaction in which the Borrower hedges the issuance price of its Limited Partnership Units in connecxxxx xith an anticipated offering of additional Limited Partnership Units) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. The Borrower will not, and will not permit any of the Restricted its Subsidiaries to, enter into any Hedging Transaction, other than Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any Restricted Subsidiary of its Subsidiaries is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, the Borrower acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which the Borrower or any of the Restricted its Subsidiaries is or may become obliged to make any payment (ia) in connection with the purchase by any third party of any Capital Stock Equity Interests or any Indebtedness or (iib) as a result of changes in the market value of any Capital Stock Equity Interests or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. The Borrower Borrowers will not, and will not permit any of the Restricted Subsidiaries Subsidiary to, enter into any Hedging Transaction, other than Hedging Transactions entered into with any Lender or any Affiliate of a Lender in the ordinary course of business to hedge or mitigate risks to which the any Borrower or any Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, the each Borrower acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which the any Borrower or any of the Restricted Subsidiaries is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock common stock or any Indebtedness or (ii) as a result of changes in the market value of any Capital Stock common stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. The Each Borrower will not, and will not permit any of the Restricted its Subsidiaries to, enter into any Hedging Transaction, other than Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the any Borrower or any Restricted Subsidiary of its Subsidiaries is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, the each Borrower acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which the any Borrower or any of the Restricted its Subsidiaries is or may become obliged to make any payment (ia) in connection with the purchase by any third party of any Capital Stock or any Indebtedness or (iib) as a result of changes in the market value of any Capital Stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. The Borrower will not, and will not ---------------------- permit any of the Restricted its Subsidiaries to, enter into any Hedging Transaction, other than Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilitiesliabilities arising in the ordinary course of business. Solely for the avoidance of doubt, the Borrower acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which the Borrower or any of the Restricted its Subsidiaries is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock capital stock, partner or limited liability company interests or other ownership interests, or any Indebtedness Indebtedness, of the Borrower or any Subsidiary, or (ii) as a result of changes in the market value of any Capital Stock such capital stock, partner or any limited liability company interests or other ownership interests, or Indebtedness) is not a Hedging Transaction Obligations entered into in the ordinary course of business to hedge or mitigate such risks.

Hedging Transactions. The Borrower will notNo Loan Party will, and no Loan Party will not permit any of the Restricted Subsidiaries Subsidiary to, enter into any Hedging Transaction, other than Hedging Transactions (x) described in Section 7.18 or (y) entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower Loan Parties or any Restricted Subsidiary of their Subsidiaries is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, the Borrower acknowledges Borrowers acknowledge that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which the Borrower any Loan Party or any Subsidiary of the Restricted Subsidiaries a Loan Party is or may become obliged to make any payment (ia) in connection with the purchase by any third party of any Capital Stock or any Indebtedness or (iib) as a result of changes in the market value of any Capital Stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. The Borrower will not, and will not permit any of the Restricted its Subsidiaries to, enter into any Hedging Transaction, other than Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any Restricted Subsidiary of its Subsidiaries is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, the Borrower acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which the Borrower or any of the Restricted its Subsidiaries is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock Equity Interests or any Indebtedness or (ii) as a result of changes in the market value of any Capital Stock Equity Interests or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. The Borrower will not, and will not --------------------- permit any of the Restricted its Subsidiaries to, enter into any Hedging Transaction, other than Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilitiesliabilities arising in the ordinary course of business. Solely for the avoidance of doubt, the Borrower acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which the Borrower or any of the Restricted its Subsidiaries is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock capital stock, partner or limited liability company interests or other ownership interests, or any Indebtedness Indebtedness, of the Borrower or any Subsidiary, or (ii) as a result of changes in the market value of any Capital Stock such capital stock, partner or any limited liability company interests or other ownership interests, or Indebtedness) is not a Hedging Transaction Obligations entered into in the ordinary course of business to hedge or mitigate such risks.

Hedging Transactions. The No Borrower will, nor will not, and will not any Borrower permit any of the Restricted Subsidiaries Subsidiary to, enter into any Hedging Transaction, other than Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the any Borrower or any Restricted Subsidiary of a Borrower is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, the each Borrower acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which the any Borrower or any of the Restricted Subsidiaries Subsidiary is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock common stock or any Indebtedness or (ii) as a result of changes in the market value of any Capital Stock common stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks. Notwithstanding anything to the contrary contained herein, no Borrower will, nor will any Borrower permit any Restricted Subsidiary to, enter into any Hedging Transaction, other than Hedging Transactions entered into with a Lender.

Hedging Transactions. The Borrower will not, and will not permit any of the Restricted Subsidiaries to, enter into any Hedging Transaction, other than Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any Restricted Subsidiary is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, the Borrower acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which the Borrower or any of the Restricted Subsidiaries is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock common stock or any Indebtedness or (ii) as a result of changes in the market value of any Capital Stock common stock or any IndebtednessIndebtedness but shall be deemed to exclude any Hedging Transaction in which the Borrower hedges the issuance price of its Limited Partnership Units ix xxxxection with an anticipated offering of additional Limited Partnership Units) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.