Common use of Merger Documents and Hedging Agreements Clause in Contracts

Merger Documents and Hedging Agreements. 10.1 Rights of Obligors or Group Members under the Merger Documents and each hedging agreement shall be assigned by way of security (as security for the Secured Obligations). 10.2 Notice of that assignment will be sent to each counterparty under the applicable Merger Document or hedging agreement, and the Obligors shall (in the case of any assignment of rights under any Merger Document) procure an acknowledgment of that notice from each such counterparty or (in the case of any assignment of rights under any hedging agreement) use reasonable endeavours to obtain an acknowledgement of that notice from each such counterparty (provided that, in each case, each Obligor shall ensure that there are no restrictions in the terms of any of the Merger Documents or the hedging agreements against such assignment or, to the extent that there are any such restrictions, such restrictions are waived). 10.3 The Security Agent shall not exercise or enforce any such right of any Obligor or Group Member under any of the Merger Documents or hedging agreements pursuant to such Transaction Security, unless and until an Enforcement Event has occurred.

Merger Documents and Hedging Agreements. 10.1 Rights of Obligors or members of the Group Members under the Merger Documents and each hedging agreement Hedging Agreement shall be assigned by way of security (as security for the Secured Obligations). 10.2 Notice of that assignment will be sent to each counterparty under the applicable Merger Document or hedging agreementHedging Agreement, and the Obligors shall (in the case of any assignment of rights under any Merger Document) procure an acknowledgment of that notice from each such counterparty or (in the case of any assignment of rights under any hedging agreementHedging Agreement) use reasonable endeavours to obtain an acknowledgement of that notice from each such counterparty (provided that, in each case, each Obligor shall ensure that there are no restrictions in the terms of any of the Merger Documents or the hedging agreements against such assignment or, to the extent that there are any such restrictions, such restrictions are waived). 10.3 The Security Agent shall not exercise or enforce any such right of any Obligor or member of the Group Member under any of the Merger Documents or hedging agreements Hedging Agreements pursuant to such Transaction Security, unless and until an Enforcement Event has occurred.. FORM OF INCREASE CONFIRMATION To: [ ] as Agent, [ ] as Security Agent, and Giant Merger Limited as Borrower, for and on behalf of each Obligor and the Parent From: [the Increase Lender] (the “Increase Lender”) Dated: dated [ ] 2014 (the “Facility Agreement”)