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).
Appears in 2 contracts
Samples: Intercreditor Agreement (Internet Gold Golden Lines LTD), Intercreditor Agreement (B Communications LTD)
Security: Hedge Counterparties. No The Hedge Counterparty shall 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 any 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;
(iiiii) any Common Assurance; or
(iiiiv) 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(i) and (iito (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 3.6 3.3 (Security and guarantees: Senior Secured Creditors);; and
(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).
Appears in 2 contracts
Samples: Intercreditor Agreement (Paysafe LTD), Intercreditor Agreement (Paysafe LTD)
Security: Hedge Counterparties. No The Hedge Counterparty shall 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 any the Hedging Liabilities other than:
(a) Common the Transaction Security;
(b) any guarantee, indemnity or other assurance against loss contained in:
(i) this Agreementthe original form of Schedule 7 (Hedge Counterparties' Guarantee and Indemnity) or any substantially equivalent provision in a Permitted Senior Secured Facilities Agreement or Permitted Super Senior Secured Facilities Agreement (as the context requires);
(ii) this Agreement (other than Schedule 7 (Hedge Counterparties' Guarantee and Indemnity));
(iii) any Common Assurance; or
(iiiiv) the relevant Hedging Agreement (provided that any such guarantee, indemnity or other assurance against loss is no greater in extent than any of those referred to in paragraphs (i(i) and (iito (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) to the extent such Security, guarantee, indemnity or other assurance against loss has (or could have) been granted in compliance with or is as otherwise contemplated by Clause 3.6 3.3 (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).
Appears in 1 contract
Samples: Intercreditor Agreement
Security: Hedge Counterparties. No The Hedge Counterparty shall 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 any 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;
(ii) this Agreement;
(iiiii) any Common Assurance; or
(iiiiv) 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(i) and (iito (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 3.6 3.3 (Security and guarantees: Senior Secured Creditors);; and
(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).
Appears in 1 contract
Security: Hedge Counterparties. No The Hedge Counterparty shall 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 any the Hedging Liabilities other than:
(a) Common the Transaction Security;
(b) any guarantee, indemnity or other assurance against loss contained in:
(i) the original form of Senior Facilities Agreement;
(ii) this Agreement;
(iiiii) any Common Assurance; oror
(iiiiv) the relevant Hedging Agreement no greater in extent than any of those referred to in paragraphs (i(i) and (iito (iii) (inclusive) above;
(c) as otherwise contemplated by Clause 3.6 3.3 (Security and guaranteesSecurity: Senior Facility Creditors);; and
(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).
Appears in 1 contract
Samples: Intercreditor Agreement
Security: Hedge Counterparties. No The Hedge Counterparty 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) a Senior Facilities Agreement;
(ii) this Agreement;
(iii) any Common Assurance; or
(iv) the relevant Hedging Agreement no greater in extent than any of those referred to in sub-paragraphs (i) to (iii) above;
(c) as otherwise contemplated by Clause 3.4 (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 the 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 the above, no Hedging Liabilities which constitute Excluded Swap Obligations 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)thereof.
Appears in 1 contract
Samples: Intercreditor Agreement