Common use of Swap Agreements Clause in Contracts

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) hedge or mitigate risks to which such Group Member has actual exposure (other than those in respect of Capital Stock), or (b) 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 such Group Member.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock), or ) and (b) Swap Agreements 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 such Group Memberthe Borrower or any Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such any Group Member has actual exposure (other than those in respect of Capital Stock), or (b) Swap Agreements 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 such any Group MemberMember and (c) Swap Agreements in existence as of the Closing Date and reflected in the Borrower’s filings with the SEC.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) hedge or mitigate risks to which such Group Member has actual exposure (other than those in respect of Capital Stock)exposure, or (b) 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 such Group Member.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) hedge or mitigate risks to which such Group Member has actual exposure (other than those in respect of Capital Stock), or (b) 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 such Group Member.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock), Stock or the Senior Notes) and (b) Swap Agreements 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 such Group Memberthe Borrower or any Subsidiary.

Swap Agreements. Enter into (a) any Swap Agreement secured by a Lien on all or any portion of the Collateral, except Specified Swap Agreements; or (b) any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (ai) hedge or mitigate risks to which such Group Member has actual or anticipated exposure (other than those in respect of Capital Stock), or (bii) 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 such Group Member.

Swap Agreements. Enter into any Swap Agreement, Agreement except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such any Group Member has actual exposure (other than those in respect of Capital Stock), or Stock of any Person) and (b) Swap Agreements 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 investments of such any Group Member, provided that in each case such agreements are not entered into for speculative purposes.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock), or ) and (b) Swap Agreements 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 such Group Memberthe Borrower or any Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member the Borrower or any Restricted Subsidiary has actual exposure (other than those in respect of Capital Stock), or ) and (b) Swap Agreements 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 such Group Memberthe Borrower or any Restricted Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into, or guaranteed, to hedge or mitigate risks risks, including currency risks, or potential Capital Stock dilution to which such Group Member the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock), or and (b) Swap Agreements entered into, or guaranteed, in order to effectively fix, 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 liability, currency liability, Capital Stock values or investment of such Group Memberthe Borrower or any Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member the Parent Guarantor or any Subsidiary has actual exposure (other than those in respect of Capital Stock), or ) and (b) Swap Agreements 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 such Group Memberthe Parent Guarantor or any Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such any Group Member has actual exposure (other than those in respect of Capital Stock), or ) and (b) Swap Agreements 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 rate, from floating to fixed rates or otherwise) with respect to any interest-bearing liability or investment of such any Group Member.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) hedge or mitigate risks to which such Group Member has actual exposure (other than those in respect of Capital Stock)exposure, or (b) 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 such Group Member.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such any Group Member has actual exposure (other than those in respect of Capital Stock), or (b) Swap Agreements 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 such any Group MemberMember and (c) Swap Agreements in existence as of the Closing Date and reflected in the Parent Borrower’s filings with the SEC.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member the Company or any Subsidiary has actual exposure (other than those in respect of Capital StockEquity Interests of the Company or any of its Subsidiaries), or and (b) Swap Agreements 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 such Group Memberthe Company or any Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock), Stock or the Senior Notes or the Senior Exchangeable Notes) and (b) Swap Agreements 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 such Group Memberthe Borrower or any Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks in respect of changes in commodity prices or currency exchange rates to which such any Group Member has actual exposure (other than those in respect of Capital Stock), or and (b) Swap Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from floating to fixed rates, from one floating rate to another floating rate or otherwise) with respect to any outstanding or prospective interest-bearing liability or investment of such any Group MemberMember from time to time.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock), Stock or the Senior Subordinated Notes) and (b) Swap Agreements 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 such Group Memberthe Borrower or any Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member the Company or any Restricted Subsidiary has actual exposure (other than those in respect of Capital Stock), or including with regard to currencies and commodities and (b) Swap Agreements 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 such Group Memberthe Company or any of its Restricted Subsidiaries.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member the Borrower, any Guarantor or any Subsidiary has actual exposure (other than those in respect of Capital Stock), or ) and (b) Swap Agreements entered into 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 such Group Memberthe Borrower, any Guarantor or any Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member the Borrower or any Restricted Subsidiary has actual exposure (other than those in respect of Capital Stock), Stock or the Senior Notes) and (b) Swap Agreements 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 such Group Memberthe Borrower or any Restricted Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except (a) Specified Swap Agreements which are entered into by a Group Member (i) to (a) hedge or mitigate risks to which such Group Member has actual exposure exposure, (other than those in respect of Capital Stock), or (bii) 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 such Group Member, or (b) Permitted Equity Derivative Transactions.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock), Stock or the Convertible Senior Subordinated Debentures) and (b) Swap Agreements 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 such Group Memberthe Borrower or any Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such the relevant Group Member has actual exposure (other than those in respect of Capital Stock), the Convertible Notes or any Subordinated Debt) and (b) Swap Agreements 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 such the relevant Group Member.

Swap Agreements. Enter into any Swap Agreement, except (a) Specified Swap Agreements which are entered into by a Group Member to (ai) hedge or mitigate risks to which such Group Member has actual exposure (other than those in respect of Capital Stock), or (bii) 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 such Group MemberMember or (b) Permitted Equity Derivative Transactions.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member the Borrower or any Domestic Subsidiary has actual exposure (other than those in respect of Capital Stock), or ) and (b) Swap Agreements 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 such Group Memberthe Borrower or any Domestic Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member the Borrower or any Restricted Subsidiary has actual or reasonably anticipated exposure (other than those in respect of Capital Stock), or ) and (b) Swap Agreements 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 such Group Memberthe Borrower or any Restricted Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except (a) Specified Swap Agreements which are entered into by a Group Member to (aai) hedge or mitigate risks to which such Group Member has actual exposure (other than those in respect of Capital Stock), or (bbii) 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 such Group Member.,

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member Mentor or any Subsidiary has actual exposure (other than those in respect of Capital Stock)Stock or, or except as provided in clause (b) below, the Senior Subordinated Notes) and (b) Swap Agreements 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 such Group MemberMentor or any Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member the Parent, the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock), or ) and (b) Swap Agreements 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 such Group Memberthe Parent, the Borrower or any Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member Borrower to (a) hedge or mitigate risks to which such Group Member has actual exposure (other than those in respect of Capital Stock), or (b) 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 such Group MemberBorrower.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Restricted Group Member has actual exposure (other than those in respect of Capital Stock), or ) and (b) Swap Agreements 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 such Restricted Group Member.

Swap Agreements. Enter into any Swap Agreement, except (a) Specified Swap Agreements which are entered into by a Group Member (i) to (a) hedge or mitigate risks to which such Group Member has actual exposure (other than those in respect of Capital Stock)exposure, or (bii) 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 such Group Member, or (b) Permitted Equity Derivative Transactions.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such any Group Member has actual exposure (other than those in respect of Capital Stock), or (b) Swap Agreements 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 rate, from floating to fixed rates or otherwise) with respect to any interest-bearing liability or investment of such any Group MemberMember and (c) Permitted Equity Derivative Investments.

Swap Agreements. Enter into any Swap Agreement, Agreement except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such any Group Member has actual exposure (other than those in respect of Capital Stock), or and (b) Swap Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from floating to fixed rates, from one floating rate to another floating rate rate, or otherwise) with respect to any interest-bearing liability or investment investments of such any Group Member, provided that in each case such agreements are not entered into for speculative purposes.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member the Borrower or any Subsidiary has actual or reasonably anticipated exposure (other than those in respect of Capital Stock), or ) and (b) Swap Agreements 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 such Group Memberthe Borrower or any Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except (a) Specified Swap Agreements or (b) other unsecured Swap Agreements, in each case, which are entered into by a Group Member to (ai) hedge or mitigate risks (including foreign exchange risks) to which such Group Member has actual exposure (other than those in respect of Capital Stock), or (bii) 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 such Group Member.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) hedge or mitigate risks to which such Group Member has actual exposure (other than those in respect of Capital Stock), or (b) effectively cap, collar or exchange interest rates (from fixed to floating ratesrates or vice versa, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of such Group Member.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) hedge or mitigate risks to which such Group Member the Company or any Restricted Subsidiary has actual exposure (other than those in respect of Capital Stock), or ) and (b) Swap Agreements 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 such Group Memberthe Company or any Restricted Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) hedge or mitigate risks to which such Group Member has actual exposure (other than those in respect of Capital StockEquity Interests), or (b) 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 such Group Member.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member ASC or any Subsidiary has actual exposure (other than those in respect of Capital Stock), or ) and (b) Swap Agreements 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 such Group MemberASC or any Subsidiary.

Swap Agreements. Enter into (a) any Swap Agreement secured by a Lien on all or any portion of the Collateral, except Specified Swap Agreements; or (b) any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (ai) hedge or mitigate risks to which such Group Member has actual or anticipated exposure (other than those in respect of Capital Stock), or (b) 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 such Group Member.or

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such any Group Member has actual exposure (other than those in respect of Capital Stock), or (b) Swap Agreements 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 rate, from floating to fixed rates or otherwise) with respect to any interest-bearing liability or investment of such any Group MemberMember and (c) Permitted Equity Derivative Instruments.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements or other Interest Rate Agreements which are entered into by a Group Member to (a) hedge or mitigate risks to which such Group Member has actual exposure (other than those in respect of Capital StockEquity Interests), or (b) 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 such Group Member.

Swap Agreements. Enter into any Swap Agreement, except Specified (a) Swap Agreements which are entered into by a Group Member to (ai) hedge or mitigate risks to which such Group Member has actual exposure (other than those in respect of Capital Stock), and not for speculative purposes or (bii) 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 such Group MemberMember or (b) Permitted Equity Derivative Transactions.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock), or (b) Swap Agreements 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 such Group Memberthe Borrower or any Subsidiary and (c) Swap Agreements required under Section 5.9.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member the Borrower, any Guarantor or any Subsidiary has actual exposure (other than those in respect of Capital Stock), or ) and (b) Swap Agreements 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 such Group Memberthe Borrower, any Guarantor or any Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to in the ordinary course of business (and not for speculative purposes) (a) to hedge or mitigate risks to which such Group Member the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock), or ) and (b) 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 such Group Memberthe Borrower or any Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Restricted Group Member to (a) hedge or mitigate risks to which such Restricted Group Member has actual or forecast exposure (other than those in respect of Capital Stock), or (b) effectively cap, collar or exchange interest rates (from floating to fixed, fixed to floating rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of such Restricted Group Member.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such any Group Member has actual or anticipated exposure (other than those in respect of Capital Stock), or ) and (b) Swap Agreements 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 such any Group Member.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements or other Interest Rate Agreements which are entered into by a Group Member to (a) hedge or mitigate risks to which such Group Member has actual exposure (other than those in respect of Capital Stock), or (b) 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 such Group Member.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks (including currency exchange or translation rate risks) to which such Group Member Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock), or ) and (b) Swap Agreements 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 such Group MemberBorrower or any Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks (including foreign currency risk) to which such Group Member the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock), or ) and (b) Swap Agreements 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 such Group Memberthe Borrower or any Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) hedge or mitigate risks to which such Group Member has actual exposure (other than those in respect of Capital Stock), or (b) 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 such Group Member.. 119

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member the US Borrower or any of its Subsidiaries has actual exposure (other than those in respect of Capital Stock), ) or (b) Swap Agreements 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 such Group Memberthe US Borrower or any of its Subsidiaries.

Swap Agreements. Enter into (a) any Swap Agreement secured by a Lien on all or any portion of the Collateral, except Specified Swap Agreements; or (b) any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) hedge or mitigate risks to which such Group Member has actual exposure (other than those in respect of Capital Stock), or (b) 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 such Group Member.

Swap Agreements. Enter into any Swap Agreement, except (a) Specified Swap Agreements or (b) other unsecured Swap Agreements, in each case, which are entered into by a Group Member to (ai) hedge or mitigate risks to which such Group Member has actual exposure (other than those in respect of Capital Stock), or (bii) 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 such Group Member.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) hedge or mitigate risks to which such Group Member the Borrower or any Restricted Subsidiary has actual exposure (other than those in respect of Capital Stock), or (b) and Swap Agreements 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 such Group Memberthe Borrower or any Restricted Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks (including currency exchange risk) to which such Group Member the Borrower, Holdings or any Subsidiary has actual exposure (other than those in respect of Capital Stock), or ) and (b) Swap Agreements entered into 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 such Group Memberthe Borrower, Holdings or any Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member ASC or any Restricted Subsidiary has actual exposure (other than those in respect of Capital Stock), or ) and (b) Swap Agreements 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 such Group MemberASC or any Restricted Subsidiary.

Swap Agreements. Enter into any Swap Agreement, Agreement except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such any Group Member has actual exposure (other than those in respect of Capital Stock), or and (b) Swap Agreements 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 investments of such any Group Member, provided that in each case such agreements are not entered into for speculative purposes.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks (including currency exchange risk) to which such Group Member the Borrower, Holdings or any Subsidiary has actual exposure (other than those in respect of Capital Stock), or (b) 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 such Group Member.and

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock), or ) and (b) Swap Agreements 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 rate, from floating to fixed rates or otherwise) with respect to any interest-bearing liability or investment of such Group Memberthe Borrower or any Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) hedge or mitigate risks to which such Group Member has actual exposure (other than those in respect of Capital Stock), or (b) 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 such Group Member, Permitted Bond Hedge Transactions and Permitted Warrant Transactions.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are which, at the time entered into, were entered into by a Group Member to (a) to hedge or mitigate risks to which such Group Member any Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock), ) or (b) 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 such Group Memberany Borrower or any Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member Essent or any Subsidiary has actual exposure (other than those in respect of Capital Stock), or ) and (b) Swap Agreements 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 such Group Memberany Borrower or any of their respective Subsidiaries.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are (a) entered into by a Group Member to (aa1) hedge or mitigate risks to which such Group Member has actual exposure (other than those in respect of Capital Stock), or (bb2) effectively cap, collar or exchange interest rates (from fixed to floating ratesrates or vice versa, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of such Group Member, or (b) a Permitted Bond Hedge Transaction.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such any Group Member has actual exposure (other than those in respect of Capital Stock), or (b) Swap Agreements 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 such any Group Member., (c) Swap Agreements in existence as of the Closing Date and reflected in the Parent ▇▇▇▇▇▇▇▇’s 129

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are (a) entered into by a Group Member to (a1) hedge or mitigate risks to which such Group Member has actual exposure (other than those in respect of Capital Stock), or (b2) effectively cap, collar or exchange interest rates (from fixed to floating ratesrates or vice versa, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of such Group Member, or (b) a Permitted Bond Hedge Transaction.

Swap Agreements. Enter into any Swap Agreement, except (a) Specified Swap Agreements which are entered into by a Group Member to (ai) hedge or mitigate risks to which such Group Member has actual exposure (other than those in respect of Capital Stock), or (bii) 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 such Group Member, and (b) any Permitted Bond Hedge Transaction or any Permitted Warrant Transaction.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member the Parent Borrower or any Subsidiary has actual or anticipated exposure (other than those in respect of Capital Stock), or ) and (b) Swap Agreements entered into in order to effectively cap, collar or exchange interest rates (from fixed to floating rates, from floating to fixed rates, from one floating rate to another floating rate or otherwise) with respect to any interest-bearing liability or investment of such Group Memberthe Parent Borrower or any Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such Group Member the Borrower or any Subsidiary has actual exposure (other than those in respect of Capital Stock), Stock or the Seller Note) and (b) Swap Agreements 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 such Group Memberthe Borrower or any Subsidiary.

Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member to (a) Swap Agreements entered into to hedge or mitigate risks to which such any Group Member has actual exposure (other than those in respect of Capital Stock), or (b) Swap Agreements 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 such any Group MemberMember and (c) Swap Agreements in existence as of the Closing Date and reflected in the Parent ▇▇▇▇▇▇▇▇’s filings with the SEC.