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.
Appears in 48 contracts
Samples: Credit Agreement (Accuray Inc), Credit Agreement (Appian Corp), Credit Agreement (Alkami Technology, Inc.)
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.
Appears in 31 contracts
Samples: Credit Agreement (Colony NorthStar, Inc.), Credit Agreement (Colony Capital, Inc.), Intercreditor Agreement (Philadelphia Energy Solutions Inc.)
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.
Appears in 14 contracts
Samples: Credit Agreement (TTM Technologies Inc), Abl Credit Agreement (TTM Technologies Inc), Abl Credit Agreement (Clearwater Paper Corp)
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.
Appears in 10 contracts
Samples: Credit Agreement (Yext, Inc.), Credit Agreement (Stitch Fix, Inc.), Credit Agreement (Nerdwallet, Inc.)
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.
Appears in 10 contracts
Samples: Credit Agreement (Ribbon Communications Inc.), Credit Agreement (Ribbon Communications Inc.), Credit Agreement (Ribbon Communications Inc.)
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.
Appears in 9 contracts
Samples: Credit Agreement (Dave & Busters Inc), Credit Agreement (Dave & Buster's Entertainment, Inc.), Credit Agreement (Dave & Buster's Entertainment, Inc.)
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.
Appears in 8 contracts
Samples: Credit Agreement (Lear Corp), Credit Agreement (Lear Corp), Credit Agreement (Lear Corp)
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.
Appears in 7 contracts
Samples: Credit Agreement (Extreme Networks Inc), Credit Agreement (Digi International Inc), Credit Agreement (Digi International Inc)
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.
Appears in 7 contracts
Samples: Credit Agreement (Bioventus Inc.), Amendment and Restatement Agreement (Bioventus Inc.), Second Lien Credit Agreement (Bioventus Inc.)
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.
Appears in 6 contracts
Samples: Credit Agreement (Kadant Inc), Credit Agreement (Kadant Inc), Credit Agreement (Kadant Inc)
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.
Appears in 6 contracts
Samples: Credit Agreement (WEB.COM Group, Inc.), Credit Agreement (WEB.COM Group, Inc.), First Lien Credit Agreement (WEB.COM Group, Inc.)
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.
Appears in 6 contracts
Samples: Credit Agreement (C-Iii Capital Partners LLC), Credit Agreement (C-Iii Capital Partners LLC), Credit Agreement (Colony Financial, Inc.)
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.
Appears in 6 contracts
Samples: Bridge Credit Agreement (Gartner Inc), Credit Agreement (Gartner Inc), Credit Agreement (Gartner Inc)
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.
Appears in 5 contracts
Samples: Credit Agreement (CrowdStrike Holdings, Inc.), Credit Agreement (CrowdStrike Holdings, Inc.), Credit Agreement (Bill.com Holdings, Inc.)
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.
Appears in 3 contracts
Samples: Pledge and Security Agreement, Credit Agreement (TMS International Corp.), Pledge and Security Agreement (TMS International Corp.)
Swap Agreements. Enter into any Swap Agreement, except Specified Swap Agreements which are entered into by a Group Member in order to (a) hedge or mitigate risks to which such Group Member any Credit Party has actual exposure (other than those in respect of Capital Stock)exposure, including currency exchange risks or (b) effectively cap, collar or exchange interest rates on Material Agreements (from fixed to floating rates, from one floating rate to another floating rate or otherwise, including foreign currency hedging exchanges) with respect to any interest-bearing liability or investment of such Group Membera Credit Party.
Appears in 3 contracts
Samples: Credit, Security, Guaranty and Pledge Agreement (RHI Entertainment, Inc.), Credit, Security, Guaranty and Pledge Agreement (RHI Entertainment, Inc.), Credit, Security, Guaranty and Pledge Agreement (RHI Entertainment, Inc.)
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.
Appears in 3 contracts
Samples: Credit Agreement (Federal Mogul Corp), Term Loan and Revolving Credit Agreement (Federal-Mogul Corp), Term Loan Agreement (Federal-Mogul Corp)
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.
Appears in 2 contracts
Samples: Credit Agreement (Fastly, Inc.), Credit Agreement (Fastly, Inc.)
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.. 7.14
Appears in 2 contracts
Samples: Credit Agreement (Alkami Technology, Inc.), Credit Agreement (Privia Health Group, Inc.)
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 any Borrower Party 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 Group Memberany Borrower Party.
Appears in 2 contracts
Samples: Guarantee and Collateral Agreement (Thermon Group Holdings, Inc.), Credit Agreement (Thermon Group Holdings, Inc.)
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.
Appears in 2 contracts
Samples: Credit Agreement (Roper Industries Inc /De/), Credit Agreement (Roper Industries Inc /De/)
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 106 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.
Appears in 1 contract
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.. 100
Appears in 1 contract
Samples: Credit Agreement (Nerdwallet, Inc.)
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.
Appears in 1 contract
Samples: Credit Agreement (Lear Corp)
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.
Appears in 1 contract
Swap Agreements. 90 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.
Appears in 1 contract
Samples: Credit Agreement (Carbonite Inc)
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
Appears in 1 contract
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)exposure, 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, or (b) Permitted Bond Hedge Transactions.”
Appears in 1 contract
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 105 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.
Appears in 1 contract
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 Member.Member or (b) Permitted Equity Derivative Transactions. 7.14
Appears in 1 contract
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.
Appears in 1 contract
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.
Appears in 1 contract
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.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Credit Agreement (Blueknight Energy Partners, L.P.)
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.”
Appears in 1 contract
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.. 119
Appears in 1 contract
Samples: Revolving Credit Agreement (Digi International Inc)
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.
Appears in 1 contract
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.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Credit Agreement (Benefitfocus,Inc.)
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.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Organogenesis Holdings Inc.)
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 115 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.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Alarm.com Holdings, Inc.)
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.
Appears in 1 contract
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.
Appears in 1 contract
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.
Appears in 1 contract
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 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 Borrower or any Subsidiary.
Appears in 1 contract
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.
Appears in 1 contract
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.
Appears in 1 contract
Samples: Guarantee and Collateral Agreement (Extreme Networks Inc)
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.
Appears in 1 contract
Samples: Credit Agreement (Carbonite Inc)
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.. 122
Appears in 1 contract
Samples: Credit Agreement (Appian Corp)
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.
Appears in 1 contract
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.
Appears in 1 contract
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
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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.
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Samples: Credit Agreement (Benefitfocus,Inc.)
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.
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Samples: Credit Agreement (Lear Corp)
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.
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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 of its Subsidiaries.
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Samples: Credit Agreement (Gannett Co., Inc.)
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.
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Samples: Credit Agreement (Essent Group Ltd.)
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.
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Samples: Credit Agreement (Fastly, Inc.)
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.
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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.
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Samples: Guarantee and Collateral Agreement (TransMedics Group, Inc.)
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.
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Samples: Credit Agreement (Benefitfocus,Inc.)
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 Xxxxxxxx’s filings with the SEC.
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