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. No Hedge Counterparty shall 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 any Hedging Liabilities other than:
(a) 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 (i) and (ii) above;
(c) as otherwise contemplated by Clause 3.6 (Security and guarantees);
(d) the indemnities and/or 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/or rights of set-off and netting which are similar in meaning and effect to those indemnities and/or rights of set-off and netting (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 Debtor or 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 Senior Facilities Agreement;
(ii) the Bond 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;
(c) as otherwise contemplated by Xxxxxx 3.3 (Security: Senior Facility Creditors); or
(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 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. 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 described in Schedule 7 (Transaction Security Documents) and the Common Transaction Security;
(b) any guarantee, indemnity or other assurance against loss contained in:
(i) this Agreement or the Original Revolving Facility Agreement (in its form on the date of this Agreement) (or any other Revolving Facility Agreement entered into in accordance with this Agreement);
(ii) any Common Assurance; or
(iii) the relevant Hedging Agreement no greater in extent than any of those referred to in paragraphs (i) and (ii) above;
(c) as otherwise contemplated by Clause 3.2 (Security: Revolving Lenders); 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 from any Debtor, any member of the Group or any Security Grantor, or guarantee, indemnity or other assurance against loss from any Debtor or any member of the Group in respect of the Hedging Liabilities other than:
(a) as permitted by the Primary Creditor Documents and which (1) in the case of any guarantee, indemnity or assurance against loss, is offered to the other Primary Creditors in respect of their respective liabilities and (subject to the terms of this Agreement) ranks in the same order of priority as that contemplated in Clause 2 (Ranking and Priority) or (2) in the case of any Security is offered (x) to the Common Security Agent as trustee and/or agent for the other Priority Creditors (and, if such Transaction Security relates to the Common Charged Property, the Senior Subordinated Creditors) in respect of their Liabilities, or (y) in the case of any jurisdiction in which effective Security cannot be granted in favour of the Common Security Agent as trustee and/or agent for the Priority Creditors (and, if applicable, the Senior Subordinated Creditors) (A) to the other Priority Creditors (and, if such Transaction Security relates to the Common Charged Property, the Senior Subordinated Creditors) in respect of their Liabilities, or (B) to the Common Security Agent under a parallel debt, joint and several creditorship or other similar or equivalent structure for the benefit of the other Priority Creditors (and, if such Transaction Security relates to the Common Charged Property, the Senior Subordinated Creditors) in respect of their Liabilities, and (subject to the terms of this Agreement) ranks in the same order of priority as that contemplated in Clause 2.2 (Transaction Security);
(b) the Priority Creditor Only Transaction Security and the Common Transaction Security;
(c) any guarantee, indemnity or other assurance against loss contained in:
(i) with respect to the Super Senior Hedging Liabilities, the relevant Super Senior Facility Agreement no greater in extent than that contained in the original form of the Senior Secured Facilities Agreements;
(ii) with respect to the Pari Passu Hedging Liabilities, the relevant Pari Passu Facility Agreement no greater in extent than that contained in the original form of the Senior Secured Facilities Agreements;
(iii) with respect to the Second Lien Hedging Liabilities, any Second Lien Facility Agreement or any Second Lien G...
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).
