Common use of Permitted Enforcement: Hedge Counterparties Clause in Contracts

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: (i) if, prior to a Distress Event, the Company has certified to that Hedge Counterparty that the termination or close-out would not result in a breach of any of the following: (A) the Senior Facilities Agreement; (B) the Senior Secured Notes Indenture(s) pursuant to which any Senior Secured Notes remain outstanding; or (C) the Pari Passu Debt Documents pursuant to which any Pari Passu Debt remains outstanding; (ii) if a Distress Event has occurred; (iii) if:

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: (i) if, prior to a Distress Event, the Company has certified to that Hedge Counterparty that the termination or close-out would not result in a breach of any of the following: (A) the Senior Facilities Agreement; (B) the Senior Secured Notes Indenture(s) pursuant to which any Senior Secured Notes remain outstanding; or (C) the Pari Passu Debt 84894163_20 Documents pursuant to which any Pari Passu Debt remains outstanding; (ii) if a Distress Event has occurred; (iii) if: (A) in relation to a Hedging Agreement which is based on the 1992 ISDA Master Agreement: