Permitted Enforcement: Hedge Counterparties. (a) To the extent it is able to do so under the relevant Hedging Agreement, a Hedge Counterparty may terminate or close-out in whole or in part any hedging transaction under that Hedging Agreement prior to its stated maturity:
Permitted Enforcement: Hedge Counterparties. (a) A Hedge Counterparty may terminate or close-out in whole or in part any hedging transaction under that Hedge Agreement (i) if, prior to a Distress Event, the Company has certified to that Hedge Counterparty that such termination or close-out would not result in a breach of any term of any Senior Secured Facilities Document, Pari Passu Debt Document, Second Lien Debt Documents or Additional Unsecured Debt Documents, (ii) if a Distress Event has occurred, (iii) if (A) in relation to a Hedge Agreement which is based on the 1992 ISDA Master Agreement: (I) an Illegality or Tax Event or Tax Event Upon Merger (each as defined in the 1992 ISDA Master Agreement); or (II) an event similar in meaning and effect to a Force Majeure Event (as defined in clause (B) below), has occurred in respect of that Hedge Agreement, (B) in relation to a Hedge Agreement which is based on the 2002 ISDA Master Agreement, an Illegality or Tax Event, Tax Event Upon Merger or a Force Majeure Event (each as defined in the 2002 ISDA Master Agreement) has occurred in respect of that Hedge Agreement or (C) in relation to a Hedge Agreement which is not based on an ISDA Master Agreement, any event similar to the events listed in (A) and (B) of this clause, (iv) if an Insolvency Event has occurred in relation to a Debtor which is party to that Hedge Agreement, (v) on or immediately following a refinancing (or repayment) and cancellation in full of the Senior Secured Facilities Obligations, the Pari Passu Debt Obligations, Second Lien Debt Obligations or the Additional Unsecured Debt Obligations, to the extent that such Obligations are the subject of the relevant Hedge Agreement or (vi) subject to Section 4.12, if the relevant Instructing Group (excluding the Hedge Counterparties except after the Senior Secured Facilities Discharge Date and the Pari Passu Debt Discharge Date) give prior consent to that termination or close-out being made.
Permitted Enforcement: Hedge Counterparties. (a) To the extent it is able to do so under the relevant Hedging Agreement and this Agreement and in the case of any Credit Related Close-Out subject to Clause
Permitted Enforcement: Hedge Counterparties it shall notify the Security Agent and the Security Agent shall, upon receiving that notification, notify the Agent and each other Hedge Counterparty.
