Rate Contracts. No Loan Party shall enter into any Rate Contract, except (i) Rate Contracts entered into to hedge or mitigate risks to which the Borrower or any Subsidiary has actual exposure (other than those in respect of Equity Securities of the Borrower or any Subsidiary of the Borrower), and (ii) Rate Contracts entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower or any Subsidiary.
Rate Contracts. No CBII Entity shall enter into any Rate Contract, except Rate Contracts entered into for non-speculative purposes: (i) to hedge or mitigate risks to which any Borrower Entity has actual exposure (other than those in respect of Equity Securities of any Borrower Entity) or (ii) to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of any Borrower Entity.
Rate Contracts. Within 2 Business Days after entering into such agreement or amendment, copies of all interest rate, commodity or currency hedging agreements or amendments thereto entered into by any Loan Party and a counterparty other than Lender.
Rate Contracts. Neither the Borrower shall, nor shall the Borrower permit any of the Subsidiaries to, enter into any Rate Contracts, other than (a) Rate Contracts entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed in the conduct of its business or the management of its liabilities and (b) Rate Contracts entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of the Borrower or any Subsidiary.
Rate Contracts. Enter into any Rate Contract, except (i) Rate Contracts entered into to hedge or mitigate risks to which the Borrowers or any Subsidiary has actual exposure (other than those in respect of Equity Securities of the Borrowers or any Subsidiary of a Borrower), and (ii) Rate Contracts entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of a Borrower or any Subsidiary.
Rate Contracts. No Credit Party shall enter into a Rate Contract other than Rate Contracts entered into in the Ordinary Course of Business for bona fide hedging purposes and not for speculation.
Rate Contracts. At all times when any Loans are outstanding, the Borrower shall maintain, or cause to be maintained, in effect one or more Rate Contracts with one or more Secured Swap Providers selected by the Lender and in form and substance satisfactory to the Lender and such Secured Swap Providers, which Rate Contracts shall be Secured Rate Contracts hereunder and shall hedge the interest rate with respect to 100% of the principal amount of the Loans. The Borrower shall provide Lender with copies of all such Rate Contracts to which Lender or any Affiliate of Lender is not a party.
Rate Contracts. If the Customer has been determined to be a Category 2 Customer or a Category 3 Customer, it shall have obtained binding commitments from one or more banks or other financial institutions for Rate Contracts required by Section 6.15 to be in effect on the Conversion Date.
Rate Contracts. If the Customer shall have been determined to be a Category 2 Customer or a Category 3 Customer, the Customer shall obtain and maintain in full force and effect from a date not later than the Conversion Date one or more Rate Contracts with one or more counterparties acceptable to AEF which effectively enable the Customer (in a manner reasonably satisfactory to AEF (with due consideration to cost, availability and duration of such Rate Contracts), taking into account the currency of denomination of all Qualified Lease Agreements) to protect itself against fluctuations in interest rates and foreign exchange rates relating to Loans hereunder and the Project Financing.
Rate Contracts. On the terms and subject to the conditions of this Amendment, Section 5.02(a)(iii) of the Existing Credit Agreement is hereby amended and restated in its entirety as follows:
