Interest Rate Hedge Agreements Sample Clauses
Interest Rate Hedge Agreements. (a) The Issuer shall enter into Interest Rate Hedge Agreements in order to protect the Issuer, to the extent commercially practicable, from fluctuations in interest rates which would increase the interest payments of the Issuer on Notes issued under this Supplement; provided that Interest Rate Hedge Agreements shall be maintained in at least the amount specified in Schedule 1 and in form and substance acceptable to the Deal Agent and be with an Interest Rate Hedge Provider acceptable to the Deal Agent; provided, however, that following any Servicer Default the Deal Agent shall have the right, in its sole discretion but after consultation with the initial Servicer if the initial Servicer is still an operating entity, to direct the Indenture Trustee to enter into Interest Rate Hedge Agreements on the Issuer’s or the Indenture Trustee’s behalf on or prior to the effective date of each such Interest Rate Hedge Agreement which is not solely a cap agreement, the Interest Rate Hedge Providers thereunder shall agree, for the period of one year after all Indebtedness under this Supplement shall have been paid in full, not to commence any case, proceeding or other action under any existing or future Insolvency Law seeking to have an order for relief entered with respect to the Issuer. In addition, long term senior unsecured indebtedness of the related Interest Rate Hedge Provider shall be rated not less than “A” by Standard & Poor’s and “A2” by Moody’s.
(b) Each Interest Rate Hedge Agreement shall provide that all payments made pursuant thereto shall be paid directly to the Series 2002-1 Series Account or shall be assigned to the Issuer with directions from the Issuer to deposit such payments in the Series 2002-1 Series Account, and all payments received from an Interest Rate Hedge Provider shall be deposited by the Issuer or the Indenture Trustee directly into the Series 2002-1 Series Account.
Interest Rate Hedge Agreements. No repayment or prepayment pursuant to this Section 2.6 shall affect any of the Borrower’s obligations under any Interest Rate Hedge Agreement.
Interest Rate Hedge Agreements. When required by Section 628 of the Indenture, the Manager shall arrange for the Owner to enter into Interest Rate Hedge Agreements (which Interest Rate Hedge Agreements must be in form and substance reasonably satisfactory to the Administrative Agent) that comply with the provisions of that Section.
Interest Rate Hedge Agreements. If (x) the Aggregate Usage is over 100% of the current Borrowing Base amount as determined by reference to a Borrowing Base Certificate, and (y) no Borrower has obtained an Interest Rate Hedge Agreement prior to Administrative Agent’s approval of the Borrowing Base, Administrative Agent shall have the option to provide such Interest Rate Hedge Agreement, on terms and conditions that reasonably reflect market pricing and terms for such Interest Rate Hedge Agreements and that are otherwise satisfactory to Administrative Agent.
Interest Rate Hedge Agreements. The Issuer shall enter into and maintain on or prior to the thirtieth (30th) day following September 18, 2002, and, upon any subsequent acquisition of Containers, within thirty (30) days thereafter, Interest Rate Hedge Agreements, with one or more Interest Rate Hedge Providers having a long-term senior unsecured indebtedness rated not less than "A-1" by S&P or "A3" by Moody's and which is reasonably satisfactory to the Xxxxt, having aggregate notional principal balances of not less than seventy-five percent (75%), and not more than hundred percent (100%), of Advances allocated (on a Net Book Value basis) to (i) Eligible Containers subject to Finance Leases and (ii) Eligible Containers subject to Term Leases with a then expiry date of longer than one (1) year. Such Interest Rate Hedge Agreements shall protect the Issuer from fluctuations in interest rates which would increase the interest payments of the Issuer on Notes issued under this Loan Agreement; provided, however, this provision shall not require the Issuer to enter into any Interest Rate Hedge Agreement having an original notional value of less than Five Million Dollars ($5,000,000). All Interest Rate Hedge Providers shall be required to enter into agreements not to commence any case, proceeding or other action under any existing or future insolvency law seeking to have an order for relief entered with respect to the Issuer.
Interest Rate Hedge Agreements. The parties to this Agreement agree that each Interest Rate Hedge Agreement shall be secured with a Lien on the Collateral, on a pari passu basis with the Obligations. The parties to this Agreement agree that, for purposes of any sharing of Collateral under the Collateral Documents, each Hedge Bank under an Interest Rate Hedge Agreement, in its capacity as a counterparty or intermediary thereunder, shall be deemed to have made a Loan to the Borrower in an amount equal to the unpaid amount of any termination and liquidation payments owed by the Borrower to such Hedge Bank under such Interest Rate Hedge Agreement on the date that an Early Termination Event occurs. Notwithstanding anything else in this Agreement, for purposes of any such Collateral sharing, and for purposes of voting on matters under this Agreement requiring the consent of all Lenders or, if applicable, an affected Lender under Section 10.01, each Hedge Bank shall be deemed a Lender under the Collateral Documents solely to the extent of the Loan deemed to be made by such Hedge Bank pursuant to this Section 10.23.
Interest Rate Hedge Agreements. Subject to Section 10.23, no Hedge Bank that obtains the benefits of Section 8.03 or any Collateral by virtue of the provisions hereof or any Collateral Document shall have any right to notice of any action or to consent to, direct or object to any action hereunder or under any other Financing Document or otherwise in respect of the Collateral (including the release or impairment of any Collateral) other than in its capacity as a Lender and, in such case, only to the extent expressly provided in the Financing Documents. Notwithstanding any other provision of this Article IX to the contrary, the Administrative Agent shall not be required to verify the payment of, or that other satisfactory arrangements have been made with respect to, Obligations arising under Interest Rate Hedge Agreements unless the Administrative Agent has received written notice of such Obligations, together with such supporting documentation as the Administrative Agent may request, from the applicable Hedge Bank.
Interest Rate Hedge Agreements. By not later than March 31, 2005, the Borrower will enter into and thereafter maintain (or will cause to be entered into and maintained) Interest Rate Hedge Agreements with Eligible Interest Rate Hedge Providers to hedge its exposure to Finance Leases and Term Leases. The notional balances of any Interest Rate Hedge Agreements entered into with respect to Finance Leases shall amortize in a manner consistent with the remaining rental payment on such Finance Leases. The notional balance of all Interest Rate Hedge Agreements entered into with respect to Term Leases shall amortize at an annual rate reasonably consistent with the depreciation rate associated with the Containers then subject to such Term Leases. The required notional balances of such Interest Rate Hedge Agreements shall be as follows (the "Hedging Requirements"):
(i) with respect to Finance Leases, at least ninety percent (90%) and not more than one hundred percent (100%) of the portion of the Aggregate Note Principal Balance which finances the Finance Leases. The portion of the Aggregate Note Principal Balance which finances the Finance Leases is determined by the product of (A) the sum of the Aggregate Finance Lease Value and (B) 75.00%;
(ii) with respect to Term Leases, at least seventy percent (70%) and not more than one hundred percent (100%) of the portion of the Aggregate Note Principal Balance which finances the Term Leases. The portion of the Aggregate Note Principal Balance which finances the Term Leases is determined by the product of (A) the sum of the Aggregate Net Book Value and (B) 75.00%.
Interest Rate Hedge Agreements. Beginning on September 12, 2002, the Issuer at all times shall have Interest Rate Hedge Agreements in effect, each of which has an aggregate notional amount of not less than 50% of the Outstanding Obligations of the, Series 2002-1 Notes.
Interest Rate Hedge Agreements. The Servicer on behalf of the Issuer may enter into Interest Rate Hedge Agreements on such terms as the Issuer may approve. The Servicer will not enter into any Interest Rate Hedge Agreement under which the Issuer assumes liability without the consent of a Global Requisite Majority, other than any Interest Rate Hedge Agreement in effect on the Transfer Date, which consent shall not be unreasonably withheld.