Rate Management Agreements. Each Obligor understands, acknowledges and agrees that any Event of Default hereunder shall also constitute an Event of Default under each Rate Management Agreement, and Bank shall have all rights and remedies following the occurrence of an Event of Default under this Agreement and under each Rate Management Agreement.
Rate Management Agreements. At Borrower’s option, entry by Borrower and Lender (or an Affiliate of Lender) into one or more Rate Management Agreements, and delivery of a copy of such Rate Management Agreements to Lender, fixing the interest payments to be made by Borrower under the Loan for a period satisfactory to Lender and upon terms and conditions satisfactory to Lender.
Rate Management Agreements. On the Commitment Termination Date, -------------------------- notwithstanding any other provision of this Agreement to the contrary, the Credit Parties shall, after satisfying all other Obligations hereunder, provide cash collateral for any outstanding Rate Management Agreements (in an amount jointly determined by Agent and the applicable Rate Management Provider as sufficient to satisfy the reasonably estimated credit exposure with respect to such Rate Management Agreements) to be held by the applicable Rate Management Provider with respect to its Rate Management Obligations). For all purposes of this Agreement, including in connection with any distribution of payments and collections, Agent shall be entitled to assume no amounts are due to any Rate Management Provider unless such Rate Management Provider has notified Agent in writing of the amount of any such liability owed to it prior to such distribution.
Rate Management Agreements. Not later than fifteen (15) days after the date of any advance of Loans hereunder (including the Closing Date), the Borrower shall have entered into or obtained, and the Borrower will thereafter maintain in full force and effect, Rate Management Agreements in form and substance reasonably satisfactory to the Administrative Agent, with Lenders or other Persons acceptable to the Administrative Agent, the effect of which shall be to fix or limit interest rates payable by the Borrower as to 100% of the aggregate outstanding principal balance of the Loans as of such date (and after giving effect to such advance), for a period of not less than the remaining term of this Agreement. The Borrower will deliver to the Administrative Agent, promptly upon receipt thereof, copies of such Rate Management Agreements (and any supplements or amendments thereto), and promptly upon request therefor, any other information reasonably requested by the Administrative Agent to evidence its compliance with the provisions of this Section 5.8.
Rate Management Agreements. Except as required pursuant to Section 6.9, no Loan Party is a party to, nor will it be a party to, any Rate Management Agreement unless same provides that damages upon termination following an event of default thereunder are payable on a “two-way basis” without regard to fault on the part of either party.
Rate Management Agreements. Each Borrower represents, warrants and covenants that while any Rate Management Agreement shall at any time be in effect,
A. Each Borrower has received and examined copies of each such Rate Management Agreement;
B. Each Borrower will benefit fi·om each such Rate Management Agreement; and
C. Lender has no duty to determine whether any Rate Management Agreement, or any other transaction relating to or arising under any Rate Management Agreement, will be or has been entered into for purposes of hedging interest rate, currency exchange rate, or other risks arising in its businesses or affairs and not for purposes of speculation, or is otherwise inappropriate.
Rate Management Agreements. The nonpayment by Borrower of any Rate Management Obligation when due or the breach by Borrower of any term, provisions or condition contained in any Rate Management Agreement.
Rate Management Agreements. Borrower represents, warrants and covenants that while any Rate Management Agreement shall at any time be in effect, A. Borrower has received and examined copies of each such Rate Management Agreement;
Rate Management Agreements. The failure by any Loan Party to pay any Rate Management Obligation when due or the breach by any Loan Party of any term, provision or condition contained in any Rate Management Transaction or any transaction or the type described in the definition of “Rate Management Transaction”, whether or not any Lender or Affiliate of any Lender is a party thereto.
Rate Management Agreements. Within 90days after (x) the Closing Date with respect to the Facility 1 Term Loans, or (y) the Facility 2 Conversion Date with respect to the Facility 2 Term Loans, the Borrower shall have entered into or obtained, and the Borrower will thereafter maintain in full force and effect, Rate Management Agreements in form and substance reasonably satisfactory to the Administrative Agent the effect of which shall be to fix or limit interest rates payable by the Borrower as to at least 50% of the principal balance of the Facility 1 Term Loans or Facility 2 Term Loans, as applicable, at such date for a period of not less than three years after such date. The Borrower will deliver to the Administrative Agent, promptly upon receipt thereof, copies of such Rate Management Agreements (and any supplements or amendments thereto), and promptly upon request therefor, any other information reasonably requested by the Administrative Agent to evidence its compliance with the provisions of this Section 5.8.
