Common use of Swap Contracts Clause in Contracts

Swap Contracts. Without the prior written consent of the Lender, the Borrower will not enter into any Swap Contract relating to Debt (a) wherein any termination payments thereunder are senior to or on parity with the payment of the Loan or the other Loan Obligations with respect to the Collateral or (b) which requires the Borrower to post cash collateral that is part of the Collateral to secure its obligations thereunder.

Appears in 6 contracts

Samples: Intra Agency Agreement, Loan Agreement, Intra Agency Agreement

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Swap Contracts. Without the prior written consent of the Lender, the The Borrower will has not enter entered into any Swap Contract relating to Debt (a) wherein any termination payments payment thereunder are is senior to or on a parity with the payment of the Loan or the other Loan Obligations with respect to the Collateral or (b) which requires the Borrower to post cash collateral that is a part of the Collateral to secure its obligations thereunder.

Appears in 6 contracts

Samples: Intra Agency Agreement, Loan Agreement, Intra Agency Agreement

Swap Contracts. Without the prior written consent of the Lender, the Borrower will not enter into any Swap Contract relating to Debt (a) wherein any termination payments thereunder are senior Obligations incurred pursuant to or on parity with the payment of the Loan or the other Loan Obligations with respect to the Collateral or (b) which requires the Borrower to post cash collateral that is part of the Collateral to secure its obligations thereunderthis Agreement.

Appears in 2 contracts

Samples: Consent, Assignment and Sale Agreement

Swap Contracts. Without the prior written consent of the Lender, the Borrower will not enter into any Swap Contract relating to Debt (a) wherein any termination payments thereunder are senior to or on parity with the payment of the Loan or the other Loan Obligations with respect to the Collateral Trust Estate or (b) which requires the Borrower to post cash collateral that is part of the Collateral Trust Estate to secure its obligations thereunder.

Appears in 1 contract

Samples: Loan Agreement

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Swap Contracts. Without Except as provided in the Senior Loan Agreement and in accordance with the terms thereof, Borrower shall not incur any Swap Obligations or enter into any Swap Contract without the prior written consent of the LenderLender (such consent to be not unreasonably withheld, the Borrower will not enter into any Swap Contract relating to Debt (a) wherein any termination payments thereunder are senior to provided that such consent may be conditioned on intercreditor, security or on parity with the payment of the Loan or the other Loan Obligations with respect to the Collateral or (b) which requires the Borrower to post cash collateral that is part of the Collateral to secure its obligations thereunderlien issues).

Appears in 1 contract

Samples: Junior Loan Agreement (Behringer Harvard Opportunity REIT II, Inc.)

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