Common use of Qualified Risk Management Lenders Clause in Contracts

Qualified Risk Management Lenders. If a Qualified Risk Management Lender ceases to be a Lender under this Agreement (for purposes of this Section 16.22, a “Former Lender”) or a Qualified Affiliate of a Lender under this Agreement (for purposes of this Section 16.22, a “Former Qualified Affiliate”), all Secured Obligations owing to such Former Lender or Former Qualified Affiliate under Secured Risk Management Agreements entered into while such Former Lender or Former Qualified Affiliate was a Lender or a Qualified Affiliate (for purposes of this Section 16.22, “Hedge Liabilities”) shall remain guaranteed by the Guarantors hereunder and secured by the Security, (in each case equally and rateably) subject to the provisions of this Section 16.22. The Security shall only secure such Hedge Liabilities entered into with a Former Lender or Former Qualified Affiliate and shall not secure any debts, obligations or liabilities of such Former Lender or Former Qualified Affiliate arising in respect of derivative transactions entered into after such Former Lender ceased to be a Lender or Former Qualified Affiliate ceased to be a Qualified Affiliate. Notwithstanding any other provision of this Agreement (including, for avoidance of doubt, Section 16.23) the guarantee provided by the Guarantors hereunder or Security, prior to the Facility Termination Date, no Former Lender or Former Qualified Affiliate shall have any right to cause or require the enforcement of the guarantee provided by the Guarantors hereunder or Security or any right to vote in any decisions relating to the guarantee provided by the Guarantors hereunder or Security (but shall have the right to be informed), including any decisions relating to the enforcement or manner of enforcement of the Security or decisions relating to any amendment subject to Section 16.15(c), waiver under, release of or other dealing with all or any part of the guarantee provided by the Guarantors hereunder or Security; for the avoidance of doubt prior to the Facility Termination Date, the sole right of a Former Lender or a Former Qualified Affiliate with respect to the guarantee provided by the Guarantors hereunder and the Security while any of its Secured Obligations remain outstanding under this Agreement is to share, on a pari passu basis, in any proceeds of realization and enforcement of the Security. Furthermore, prior to the Facility Termination Date, any Former Lender or Former Qualified Affiliate will only be a Finance Party solely for the purpose of sharing rateably in the guarantee provided by the Guarantors hereunder and Security and any proceeds of realization related thereto and will have no other rights or benefits of a Finance Party under this Agreement or any other Credit Document.

Qualified Risk Management Lenders. If a Qualified Risk Management Lender ceases to be a Lender under this Agreement (for purposes of this Section 16.22‎16.22, a “Former Lender”) or a Qualified Affiliate of a Lender under this Agreement (for purposes of this Section 16.22‎16.22, a “Former Qualified Affiliate”), all Secured Obligations owing to such Former Lender or Former Qualified Affiliate under Secured Risk Management Agreements entered into while such Former Lender or Former Qualified Affiliate was a Lender or a Qualified Affiliate (for purposes of this Section 16.22‎16.22, “Hedge Liabilities”) shall remain guaranteed by the Guarantors hereunder and secured by the Security, (in each case equally and rateably) subject to the provisions of this Section 16.22‎16.22. The Security shall only secure such Hedge Liabilities entered into with a Former Lender or Former Qualified Affiliate and shall not secure any debts, obligations or liabilities of such Former Lender or Former Qualified Affiliate arising in respect of derivative transactions entered into after such Former Lender ceased to be a Lender or Former Qualified Affiliate ceased to be a Qualified Affiliate. Notwithstanding any other provision of this Agreement (including, for avoidance of doubt, Section 16.23‎16.23) the guarantee provided by the Guarantors hereunder or Security, prior to the Facility Termination Date, no Former Lender or Former Qualified Affiliate shall have any right to cause or require the enforcement of the guarantee provided by the Guarantors hereunder or Security or any right to vote in any decisions relating to the guarantee provided by the Guarantors hereunder or Security (but shall have the right to be informed), including any decisions relating to the enforcement or manner of enforcement of the Security or decisions relating to any amendment subject to Section 16.15(c‎16.15(c), waiver under, release of or other dealing with all or any part of the guarantee provided by the Guarantors hereunder or Security; for the avoidance of doubt prior to the Facility Termination Date, the sole right of a Former Lender or a Former Qualified Affiliate with respect to the guarantee provided by the Guarantors hereunder and the Security while any of its Secured Obligations remain outstanding under this Agreement is to share, on a pari passu basis, in any proceeds of realization and enforcement of the Security. Furthermore, prior to the Facility Termination Date, any Former Lender or Former Qualified Affiliate will only be a Finance Party solely for the purpose of sharing rateably in the guarantee provided by the Guarantors hereunder and Security and any proceeds of realization related thereto and will have no other rights or benefits of a Finance Party under this Agreement or any other Credit Document.

Qualified Risk Management Lenders. If a Qualified Risk Management Lender ceases to be a Lender under this Agreement (for purposes of this Section 16.2217.22, a “Former Lender”) or a Qualified Affiliate of a Lender under this Agreement (for purposes of this Section 16.2217.22, a “Former Qualified Affiliate”), all Secured Obligations owing to such Former Lender or Former Qualified Affiliate under Secured Risk Management Agreements entered into while such Former Lender or Former Qualified Affiliate was a Lender or a Qualified Affiliate (for purposes of this Section 16.2217.22, “Hedge Liabilities”) shall remain guaranteed by the Guarantors hereunder and secured by the Security, (in each case equally and rateably) subject to the provisions of this Section 16.2217.22. The Security shall only secure such Hedge Liabilities entered into with a Former Lender or Former Qualified Affiliate and shall not secure any debts, obligations or liabilities of such Former Lender or Former Qualified Affiliate arising in respect of derivative transactions entered into after such Former Lender ceased to be a Lender or Former Qualified Affiliate ceased to be a Qualified Affiliate. Notwithstanding any other provision of this Agreement (including, for avoidance of doubt, Section 16.2317.23) the guarantee provided by the Guarantors hereunder or Security, prior to the Facility Termination Date, no Former Lender or Former Qualified Affiliate shall have any right to cause or require the enforcement of the guarantee provided by the Guarantors hereunder or Security or any right to vote in any decisions relating to the guarantee provided by the Guarantors hereunder or Security (but shall have the right to be informed), including any decisions relating to the enforcement or manner of enforcement of the Security or decisions relating to any amendment subject to Section 16.15(c17.15(c), waiver under, release of or other dealing with all or any part of the guarantee provided by the Guarantors hereunder or Security; for the avoidance of doubt prior to the Facility Termination Date, the sole right of a Former Lender or a Former Qualified Affiliate with respect to the guarantee provided by the Guarantors hereunder and the Security while any of its Secured Obligations remain outstanding under this Agreement is to share, on a pari passu basis, in any proceeds of realization and enforcement of the Security. Furthermore, prior to the Facility Termination Date, any Former Lender or Former Qualified Affiliate will only be a Finance Party solely for the purpose of sharing rateably in the guarantee provided by the Guarantors hereunder and Security and any proceeds of realization related thereto and will have no other rights or benefits of a Finance Party under this Agreement or any other Credit Document.