Common use of Identity of Hedge Counterparties Clause in Contracts

Identity of Hedge Counterparties. (a) Subject to paragraph (b) below, no entity providing hedging arrangements to any Debtor shall be entitled to share in any of the Transaction Security or in the benefit of any guarantee or indemnity in respect of any of the liabilities and obligations arising in relation to those hedging arrangements nor shall those liabilities and obligations be treated as Hedging Liabilities unless that entity is or becomes a Party as a Hedge Counterparty. (b) Paragraph (a) above shall not apply to a Hedging Ancillary Lender.

Appears in 9 contracts

Samples: Amendment and Restatement Agreement (Melco Resorts & Entertainment LTD), Amendment and Restatement Agreement (STUDIO CITY INTERNATIONAL HOLDINGS LTD), Intercreditor Agreement (Ferroglobe PLC)

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Identity of Hedge Counterparties. (a) Subject to paragraph (b) below, no entity person providing hedging arrangements to any Debtor shall be entitled to share in any of the Transaction Security or in the benefit of any guarantee or indemnity from any Debtor, member of the Group or Security Grantor in respect of any of the liabilities and obligations arising in relation to those hedging arrangements nor shall those liabilities and obligations be treated as Hedging Liabilities unless that entity person is or becomes a Party as a Hedge CounterpartyCounterparty in accordance with this Agreement. (b) Paragraph (a) above shall not apply to a Hedging Ancillary Lender.

Appears in 5 contracts

Samples: Additional Facility Accession Deed (Liberty Global PLC), Additional Facility S Accession Deed (Liberty Global PLC), Additional Facility T Accession Deed (Liberty Global PLC)

Identity of Hedge Counterparties. (a) Subject to paragraph (b) below, no entity person providing hedging arrangements to any Debtor shall be entitled to share in any of the Transaction Security or in the benefit of any guarantee or indemnity under any of the Secured Debt Documents in respect of any of the liabilities and obligations arising in relation to those hedging arrangements nor shall those liabilities and obligations be treated as Hedging Liabilities unless that entity person is or becomes a Party party to this Agreement as a Hedge Counterparty. (b) Paragraph (a) above shall not apply to a Hedging Ancillary Lender.

Appears in 5 contracts

Samples: Intercreditor Agreement (Paysafe LTD), Intercreditor Agreement, Intercreditor Agreement (Paysafe LTD)

Identity of Hedge Counterparties. (a) Subject to paragraph (b) below, no entity person providing hedging arrangements to any Debtor shall be entitled to share in any of the Transaction Security or in the benefit of any guarantee or indemnity in respect of any of the liabilities and obligations arising in relation to those hedging arrangements nor shall those liabilities and obligations be treated as Hedging Liabilities unless that entity person is or becomes a Party party to this Agreement as a Hedge Counterparty. (b) Paragraph (a) above shall not apply to a Hedging Ancillary Lender.

Appears in 2 contracts

Samples: Intercreditor Agreement (InterXion Holding N.V.), Intercreditor Agreement (InterXion Holding N.V.)

Identity of Hedge Counterparties. (a) Subject to paragraph (b) below, no No entity providing hedging arrangements to any Debtor the Borrower shall be entitled to share in any of the Transaction Security or in the benefit of any guarantee or indemnity in respect of any of the liabilities and obligations arising in relation to those hedging arrangements arrangements, nor shall those liabilities and obligations be treated as Hedging Liabilities Liabilities, unless that entity is or becomes becomes: (a) a Party to this Agreement as a Hedge Counterparty; and (b) a party to the Senior Term Facilities Agreement as a Hedge Counterparty. (b) Paragraph (a) above shall not apply to a Hedging Ancillary Lender.

Appears in 1 contract

Samples: Intercreditor Agreement

Identity of Hedge Counterparties. (a) Subject to paragraph (b) below, no entity providing hedging arrangements to any Debtor shall be entitled to share in any of the Transaction Security or in the benefit of any guarantee or indemnity in respect of any of the liabilities and obligations arising in relation to those hedging arrangements nor shall those liabilities and obligations be treated as Hedging Liabilities unless that entity is or becomes a Party party to this Agreement and the Senior Facilities Agreement as a Hedge Counterparty. (b) Paragraph (a) above shall not apply to a Hedging Ancillary Lender.

Appears in 1 contract

Samples: Intercreditor Agreement

Identity of Hedge Counterparties. (a) Subject to paragraph (b) below, no entity person providing hedging arrangements to any Debtor shall be entitled to share in any of the Transaction Security or in the benefit of any guarantee or indemnity from any member of the Group or Third Party Security Provider in respect of any of the liabilities and obligations arising in relation to those hedging arrangements arrangements, nor shall those liabilities and obligations be treated as Hedging Liabilities unless that entity person is or becomes a Party party to this Agreement as a Hedge Counterparty. (b) Paragraph (a) above shall not apply to a Hedging Ancillary Lender.

Appears in 1 contract

Samples: Intercreditor Agreement

Identity of Hedge Counterparties. (a) Subject to paragraph (b) below, no entity person providing hedging arrangements to any Debtor shall be entitled to share in any of the Transaction Security or in the benefit of any guarantee or indemnity in respect of any of the liabilities and obligations arising in relation to those hedging arrangements nor shall those liabilities and obligations be treated as Hedging Liabilities unless that entity person is or becomes a Party party to this Agreement as a Hedge Counterparty. (b) Paragraph (a) above shall not apply to a Hedging Ancillary Lender.

Appears in 1 contract

Samples: Intercreditor Agreement

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Identity of Hedge Counterparties. (a) Subject to paragraph (b) below, no entity person providing hedging arrangements to any Debtor shall be entitled to share in any of the Transaction Security or in the benefit of any guarantee or indemnity under any of the Primary Creditor Documents in respect of any of the liabilities and obligations arising in relation to those hedging arrangements nor shall those liabilities and obligations be treated as Hedging Liabilities unless that entity person is or becomes a Party as a Hedge Counterparty. (b) Paragraph (a) above shall not apply to a Hedging Ancillary Lender.

Appears in 1 contract

Samples: Intercreditor Agreement (Oatly Group AB)

Identity of Hedge Counterparties. (a) Subject to paragraph (b) below, no entity person providing hedging arrangements to any Debtor shall be entitled to share in any of the Transaction Security or in the benefit of any guarantee or indemnity in respect of any of the liabilities and obligations arising in relation to those hedging arrangements nor shall those liabilities and obligations be treated as Hedging Liabilities unless that entity person is or becomes a Party party to:β€Œ (i) this Agreement as a Hedge Counterparty; and (ii) the Senior Facilities Agreement as a Hedge Counterparty. (b) Paragraph (a) above shall not apply to a Hedging Ancillary Lender.Lender.β€Œ

Appears in 1 contract

Samples: Intercreditor Agreement

Identity of Hedge Counterparties. (a) Subject to paragraph (b) below, no entity providing hedging arrangements to any Debtor shall be entitled to share in any of the Transaction Security or in the benefit of any guarantee or indemnity in respect of any of the liabilities and obligations arising in relation to those hedging arrangements nor shall those liabilities and obligations be treated as Hedging Liabilities unless that entity is or becomes becomes: (i) a Party as a Hedge Counterparty; and (ii) a Party to the Facilities Agreement as a Hedge Counterparty. (b) Paragraph (a) above shall not apply to a Hedging Ancillary Lender.

Appears in 1 contract

Samples: Intercreditor Agreement

Identity of Hedge Counterparties. (a) Subject to paragraph (b) below, no entity person providing hedging arrangements to any Debtor shall be entitled to share in any of the Transaction Security or in the benefit of any guarantee or indemnity from any Debtor, member of the Group or Security Grantor in respect of any of the liabilities and obligations arising in relation to those hedging arrangements nor shall those liabilities and obligations be treated as Hedging Liabilities unless that entity person is or becomes a Party as a Hedge CounterpartyCounterparty in accordance with this Agreement. (b) Paragraph (a) above shall not apply to a Hedging Ancillary Lender.. 84894163_20

Appears in 1 contract

Samples: Senior Facilities Agreement (Liberty Global PLC)

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