Common use of Hedging Transactions Clause in Contracts

Hedging Transactions. The Borrower will not, and will not permit any of its Restricted Subsidiaries to, enter into any Hedging Transaction, other than (a) Hedging Transactions required by Section 5.16 and (b) Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any of its Restricted 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 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 REIT Guarantor and the Borrower will not, and will not permit any of its Restricted their respective Subsidiaries to, enter into any Hedging Transaction, other than (a) Hedging Transactions required by Section 5.16 and (b) Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the REIT Guarantor, the Borrower or any of its Restricted their respective Subsidiaries is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, the REIT Guarantor and the Borrower each 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 REIT Guarantor, the Borrower or any of its Restricted their 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 notNo Loan Party will, and no Loan Party will not permit any of its Restricted Subsidiaries to, enter into any Hedging Transaction, other than (a) Hedging Transactions required by Section 5.16 and (b) Hedging Transactions entered into by any Loan Party or any of its Restricted Subsidiaries in the ordinary course of business to hedge or mitigate risks to which the Borrower such Loan Party or any of its Restricted Subsidiaries is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, the Borrower each Loan Party 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 any Loan Party or any of 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 any of its Restricted the Subsidiaries to, enter into any Hedging Transaction, other than (a) Hedging Transactions required by Section 5.16 and (bi) Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any of its Restricted Subsidiaries Subsidiary is exposed in the conduct of its business or the management of its liabilitiesliabilities and (ii) Hedging Transactions consisting of Permitted Financial Institution Subsidiary Indebtedness. 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 its Restricted the 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 its Restricted Subsidiaries the Loan Parties to, enter into any Hedging Transaction, other than (a) Hedging Transactions required by Section 5.16 5.16, and (b) Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any of its Restricted Subsidiaries the Loan Parties 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 its Restricted Subsidiaries the Loan Parties 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 Indebtedness, or (ii) as a result of changes in the market value of any Capital Stock or any IndebtednessStock) 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 its Restricted the Subsidiaries to, enter into any Hedging Transaction, other than (ai) Hedging Transactions required by Section 5.16 and those permitted under section (bk) of the defined term Permitted Financial Institution Indebtedness, or (ii) Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any of its Restricted Subsidiaries 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 its Restricted the 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 its Restricted the Subsidiaries to, enter into any Hedging Transaction, other than (a) Hedging Transactions required by Section 5.16 5.10 and (b) Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any of its Restricted Subsidiaries 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 its Restricted the 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 its Restricted the Subsidiaries to, enter into any Hedging Transaction, other than (a) Hedging Transactions required by Section 5.16 and (b) Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any of its Restricted Subsidiaries Subsidiary is exposed in the conduct of its business or the management of its liabilitiesliabilities and which do not exceed in the aggregate Ten Million Dollars ($10,000,000). 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 its Restricted the 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 its Restricted the Subsidiaries to, enter into any Hedging Transaction, other than (a) Hedging Transactions required by Section 5.16 and (bi) Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any of its Restricted Subsidiaries Subsidiary is exposed in the conduct of its business or the management of its liabilities, and (ii) Hedging Transactions constituting Permitted Financial Institution Subsidiary Indebtedness. 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 its Restricted the 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 No Borrower will notwill, and will not permit any of its Restricted the Subsidiaries to, enter into any Hedging Transaction, other than (a) Hedging Transactions required by Section 5.16 and (b) Hedging Transactions entered into in the ordinary course Ordinary Course of business Business of such Borrower or such Subsidiary to hedge or mitigate risks to which the any - 81 - 6597425.v16 0000-0000-0000 v2 Borrower or any of its Restricted Subsidiaries 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 its 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 Equity Interest or any Indebtedness or (ii) as a result of changes in the market value of any Capital Stock Equity Interest or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course Ordinary Course of business Business to hedge or mitigate risks.

Hedging Transactions. The Borrower will not, and will not permit any of its Restricted the Subsidiaries to, enter into any Hedging Transaction, other than (a) Hedging Transactions required by Section 5.16 5.10 and (b) Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any of its Restricted Subsidiaries Subsidiary is exposed exposed, or is reasonably anticipated to be 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 its Restricted the 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 its Restricted the Subsidiaries to, enter into any Hedging Transaction, other than than: (a) Hedging Transactions required by Section 5.16 and (bi) Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any of its Restricted Subsidiaries Subsidiary is exposed in the conduct of its business or the management of its liabilitiesliabilities and (ii) the 2004 Convertible Debenture Hxxxxx. 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 its Restricted the 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.