Common use of Permitted Hedging Payments Clause in Contracts

Permitted Hedging Payments. Unless the Acceleration Event has occurred: (a) the Company may pay, and the Hedge Counterparties may receive and retain, including by way of set-off: (i) scheduled payments in respect of Hedging Debt arising under the relevant Hedging Document; (ii) payments due from the Company arising as a result of the operation of: (A) any of sections 2(d) (Deduction or Withholding for Tax), 2(e) (Default Interest; Other Amounts), 8(a) (Payment in the Contractual Currency), 8(b) (Judgments) and 11 (Expenses) of the 1992 ISDA Master Agreement (if the Hedging Document is based on a 1992 ISDA Master Agreement) of; or (B) any of sections 2(d) (Deduction or Withholding for Tax), 8(a) (Payment in the Contractual Currency), 8(b) (Judgments), 9(h)(i) (Prior to Early Termination) and 11 (Expenses) of the 2002 ISDA Master Agreement of that Hedging Document (if the Hedging Document is based on a 2002 ISDA Master Agreement) of; (iii) payments to the extent necessary to comply with Clause 26.3 (Excess Hedging); and (iv) payments as a result of a close out of any hedging pursuant to paragraph (c)(ii) of Clause 26.1; and (b) the Company may pay, and the Hedge Counterparties may receive and retain, including by way of set-off any payment due and payable under the terms of the guarantee provided in respect of the Hedging Debt in place as at the date of accession of such Hedge Counterparty to this Agreement (subject to any amendments permitted by this Agreement) and otherwise consistent with Clause 8.3 (Application of mandatory prepayments and cancellations).

Permitted Hedging Payments. Unless the Acceleration Event has occurred: (a) the Company may pay, and the Hedge Counterparties may receive and retain, including by way of set-off: (i) scheduled payments in respect of Hedging Debt arising under the relevant Hedging Document; (ii) payments due from the Company arising as a result of the operation of:: 0081727-0000042 SN:12155633.21 135 (A) any of sections 2(d) (Deduction or Withholding for Tax), 2(e) (Default Interest; Other Amounts), 8(a) (Payment in the Contractual Currency), 8(b) (Judgments) and 11 (Expenses) of the 1992 ISDA Master Agreement (if the Hedging Document is based on a 1992 ISDA Master Agreement) of; or (B) any of sections 2(d) (Deduction or Withholding for Tax), 8(a) (Payment in the Contractual Currency), 8(b) (Judgments), 9(h)(i) (Prior to Early Termination) and 11 (Expenses) of the 2002 ISDA Master Agreement of that Hedging Document (if the Hedging Document is based on a 2002 ISDA Master Agreement) of; (iii) payments to the extent necessary to comply with Clause 26.3 (Excess Hedging); and (iv) payments as a result of a close out of any hedging pursuant to paragraph (c)(ii) of Clause 26.1; and (b) the Company may pay, and the Hedge Counterparties may receive and retain, including by way of set-off any payment due and payable under the terms of the guarantee provided in respect of the Hedging Debt in place as at the date of accession of such Hedge Counterparty to this Agreement (subject to any amendments permitted by this Agreement) and otherwise consistent with Clause 8.3 (Application of mandatory prepayments and cancellations).

Permitted Hedging Payments. Unless the Acceleration Event has occurred: (a) the Company may pay, and the Hedge Counterparties may receive and retain, including by way of set-off: (i) scheduled payments in respect of Hedging Debt arising under the relevant Hedging Document; (ii) payments due from the Company arising as a result of the operation of: (A) any of sections 2(d) (Deduction or Withholding for Tax), 2(e) (Default Interest; Other Amounts), 8(a) (Payment in the Contractual Currency), 8(b) (Judgments) and 11 (Expenses) of the 1992 ISDA Master Agreement (if the Hedging Document is based on a 1992 ISDA Master Agreement) of); or (B) any of sections 2(d) (Deduction or Withholding for Tax), 8(a) (Payment in the Contractual Currency), 8(b) (Judgments), 9(h)(i) (Prior to Early Termination) and 11 (Expenses) of the 2002 ISDA Master Agreement of that Hedging Document (if the Hedging Document is based on a 2002 ISDA Master Agreement) of); (iii) payments to the extent necessary to comply with Clause 26.3 (Excess Hedging); and (iv) payments as a result of a close out of any hedging pursuant to paragraph (c)(ii) of Clause 26.126.1 (Restrictions on enforcement by Hedge Counterparties); and (b) the Company may pay, and the Hedge Counterparties may receive and retain, including by way of set-off any payment due and payable under the terms of the guarantee provided in respect of the Hedging Debt in place as at the date of accession of such Hedge Counterparty to this Agreement (subject to any amendments permitted by this Agreement) and otherwise consistent with Clause 8.3 8.4 (Application of mandatory prepayments and cancellations).