Security: Hedge Counterparties Sample Clauses
Security: Hedge Counterparties. The Hedge Counterparties may not take, accept or receive the benefit of any Security, guarantee, indemnity or other assurance against loss from any Debtor, any member of the Group or any Security Grantor in respect of the Hedging Liabilities other than:
Security: Hedge Counterparties. The Hedge Counterparties may not take, accept or receive the benefit of any Security, guarantee, indemnity or other assurance against loss from any member of the Group or Third Party Security Provider in respect of the Hedging Liabilities other than:
(a) the Common Transaction Security;
(b) any guarantee, indemnity or other assurance against loss contained in:
(i) the Senior Facilities Agreement or any Permitted Senior Financing Agreement; A44420063
(ii) this Agreement;
(iii) any Common Assurance; or
(iv) the relevant Hedging Agreement (provided any such guarantee, indemnity or other assurance against loss is no greater in extent than any of those referred to in paragraphs (i) to (iii) above, ignoring for this purpose any limitations applicable to any guarantee, indemnity or other assurance referred to in paragraphs (i) to (iii) above);
(c) as otherwise contemplated by Clause 3.3 (Security and guarantees: Senior Secured Creditors); and
(d) the indemnities contained in the ISDA Master Agreements (in the case of a Hedging Agreement which is based on an ISDA Master Agreement) or any indemnities which are similar in meaning and effect to those indemnities (in the case of a Hedging Agreement which is not based on an ISDA Master Agreement).
Security: Hedge Counterparties. The Hedge Counterparties may not take, accept or receive the benefit of any Security, guarantee, indemnity or other assurance against loss from any member of the Group in respect of the Hedging Liabilities other than:
(a) the Transaction Security;
(b) any guarantee, indemnity or other assurance against loss contained in:
(i) this Agreement;
(ii) the original form of any Credit Facility Documents;
(iii) any Shared Assurance; or
(iv) the relevant Hedging Agreement no greater in extent than any of those referred to in paragraphs (i) to (iii) above; and
(c) the indemnities and rights of set-off and netting contained in the ISDA Master Agreements (in the case of a Hedging Agreement which is based on an ISDA Master Agreement) or any indemnities and rights of set-off and netting which are similar in meaning and effect to those indemnities (in the case of a Hedging Agreement which is not based on an ISDA Master Agreement).
Security: Hedge Counterparties. The Hedge Counterparties may not take, accept or receive the benefit of any Security, guarantee, indemnity or other assurance against loss from any member of the Group in respect of the Hedging Liabilities other than:
(a) the Common Transaction Security;
(b) any guarantee, indemnity or other assurance against loss contained in:
(i) the original form of Clause 5.15 (Hedge Counterparties’ guarantee and indemnity) and Schedule 9 (Hedge Counterparties’ guarantee and indemnity);
(ii) this Agreement (other than Clause 5.15 (Hedge Counterparties’ guarantee and indemnity) and Schedule 9 (Hedge Counterparties’ guarantee and indemnity));
(iii) any Common Assurance; or
(iv) the relevant Hedging Agreement no greater in extent than any of those referred to in paragraphs (i) to (iii) above;
(c) as otherwise contemplated by Clauses 3.3 (Security: Credit Facility Creditors), 3.4 (Guarantees: Credit Facility Creditors), 4.2 (Security: Pari Passu Debt Creditors); and 4.
Security: Hedge Counterparties. The Hedge Counterparties may not take, accept or receive the benefit of any Security, guarantee, indemnity or other assurance against loss from any member of the Group in respect of the Hedging Liabilities other than:
(a) the Common Transaction Security;
(b) any guarantee, indemnity or other assurance against loss contained in:
(i) the Revolving Facilities Agreement;
(ii) this Agreement;
(iii) any Common Assurance; or
(iv) the relevant Hedging Agreement (provided any such guarantee, indemnity or other assurance against loss is no greater in extent than any of those referred to in paragraphs (i) to (iii) above, ignoring for this purpose any limitations applicable to any guarantee, indemnity or other assurance referred to in paragraphs (i) to (iii) above);
(c) as otherwise contemplated by Clause 3.3 (
Security: Hedge Counterparties. Subject to the Agreed Security Principles, the Hedge Counterparties may not take, accept or receive the benefit of any Security, guarantee, indemnity or other assurance against loss from any member of the Group in respect of the Hedging Liabilities other than:
(a) the Common Transaction Security;
(b) any guarantee, indemnity or other assurance against loss contained in:
(i) this Agreement;
(ii) any Common Assurance; or
(iii) the relevant Hedging Agreement no greater in extent than any of those referred to in paragraphs (b)(i) and (b)(ii) above;
(c) as otherwise contemplated by Clause 3.3 (Security: Credit Facility Lenders) and Clause 4.3 (Security: Senior Secured Notes Creditors); and
(d) the indemnities contained in the ISDA Master Agreements (in the case of a Hedging Agreement which is based on an ISDA Master Agreement) or any indemnities which are similar in meaning and effect to those indemnities (in the case of a Hedging Agreement which is not based on an ISDA Master Agreement).
Security: Hedge Counterparties. The Hedge Counterparties may not take, accept or receive the benefit of any Security, guarantee, indemnity or other assurance against loss from any member of the Group in respect of the Hedging Liabilities other than:
(a) the Common Transaction Security;
(b) any guarantee, indemnity or other assurance against loss contained in:
(i) the original form of Schedule 4 (Hedge Counterparties’ Guarantee and Indemnity);
(ii) this Agreement (other than Schedule 4 (Hedge Counterparties’ Guarantee and Indemnity));
(iii) any Common Assurance; or
(iv) the relevant Hedging Agreement no greater in extent than any of those referred to in paragraphs (i) to (iii) above;
(c) as otherwise contemplated by Clauses 3.2 (Security: Super Senior Creditors) and 4.2 (Security: Senior Secured Creditors); and
(d) the indemnities contained in the ISDA Master Agreements (in the case of a Hedging Agreement which is based on an ISDA Master Agreement) or any indemnities which are similar in meaning and effect to those indemnities (in the case of a Hedging Agreement which is not based on an ISDA Master Agreement).
Security: Hedge Counterparties. The Hedge Counterparties may not take, accept or receive the benefit of any Security, guarantee, indemnity or other assurance against loss from any member of the Group in respect of the Hedging Liabilities other than:
(a) the second priority pledge over the Transaction Security (which upon the Final Discharge Date shall become first ranking security interest); and
(b) the indemnities contained in the ISDA Master Agreements (in the case of a Hedging Agreement which is based on an ISDA Master Agreement) or any indemnities which are similar in meaning and effect to those indemnities (in the case of a Hedging Agreement which is not based on an ISDA Master Agreement). Notwithstanding any terms of the Hedging Agreement in question, the relevant Hedge Counterparty waives its right to any Security, guarantee, indemnity or other assurance against loss from any member of the Group in respect of the Hedging Liabilities not permitted by this Clause 4.7 and automatically immediately discharges such Security, guarantee, indemnity or other assurance.
Security: Hedge Counterparties. The Hedge Counterparties may not take, accept or receive the benefit of any Security, guarantee, indemnity or other assurance against loss from any member of the Group or the Parent in respect of the Hedging Liabilities other than:
(a) the Common Transaction Security;
(b) any guarantee, indemnity or other assurance against loss contained in:
(i) in the case of Hedge Counterparties under Hedging Agreements entered into in connection with the Bank Facilities Agreement, the original form of Bank Facilities Agreement;
(ii) in the case of Hedge Counterparties under Hedging Agreements entered into in connection with any Additional Finance Documents, the original form of that Additional Finance Documents;
(iii) this Agreement;
(iv) any Common Assurance; or
(v) the relevant Hedging Agreement no greater in extent than any of those referred to in paragraphs (i) to (iv) above; and
(c) the indemnities contained in the ISDA Master Agreement.
Security: Hedge Counterparties. The Hedge Counterparties may not take, accept or receive the benefit of any Security, guarantee, indemnity or other assurance against loss from any member of the Group in respect of the Hedging Liabilities other than:
(a) the Common Transaction Security;
(b) any guarantee, indemnity or other assurance against loss contained in:
(i) the original form of the Initial Revolving Facility Agreement or the original form of Schedule 7 (Hedge Counterparties’ Guarantee and Indemnity) or any other Credit Facility Agreement no greater in extent than the original form of the Initial Revolving Facility Agreement;
(ii) this Agreement (other than Schedule 7 (Hedge Counterparties’ Guarantee and Indemnity));
(iii) any Common Assurance; or
(iv) the relevant Hedging Agreement no greater in extent than any of those referred to in paragraphs (i) to (iii) above;
(c) as otherwise contemplated by Clauses 3.2 (Security: Credit Facility Creditors) and 5.2 (Security: Pari Passu Debt Creditors); and
(d) the indemnities contained in the ISDA Master Agreements (in the case of a Hedging Agreement which is based on an ISDA Master Agreement) or any indemnities which are similar in meaning and effect to those indemnities (in the case of a Hedging Agreement which is not based on an ISDA Master Agreement).
