Swap Obligation Clause Samples
A Swap Obligation clause defines the specific duties and commitments that each party undertakes in a swap agreement, typically involving the exchange of cash flows or other financial instruments according to predetermined terms. This clause outlines the timing, calculation methods, and conditions under which payments or deliveries must be made, and may specify the types of underlying assets or indices involved. Its core practical function is to ensure both parties clearly understand their respective responsibilities, thereby reducing the risk of disputes and facilitating smooth execution of the swap transaction.
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Swap Obligation. With respect to any Credit Party, any obligation to pay or perform under any agreement, contract or transaction that constitutes a “swap” within the meaning of section 1a(47) of the Commodity Exchange Act.
Swap Obligation. With respect to the Guarantor, any obligation to pay or perform under any agreement, contract or transaction that constitutes a “swap” within the meaning of section 1a(47) of the Commodity Exchange Act.
Swap Obligation. If a Swap Obligation arises under a master agreement governing more than one Swap Obligation, such exclusion shall apply only to the portion of such Swap Obligation that is attributable to Swap Obligations for which such guarantee or security interest or joint and several liability, as applicable, is or becomes illegal.
Swap Obligation. The new defined term “Swap Obligation” is hereby added to Section 1.01 (Defined Terms) of the Term Loan Agreement in appropriate alphabetical order as follows:
Swap Obligation. Any obligation to pay or perform under any agreement, contract or transaction that constitutes a “swap” within the meaning of section 1a(47) of the Commodity Exchange Act. Term Loan- Section 2.1(a). Term Loan Maturity Date – November 6, 2021. Term Loan Note - Section 2.1(b). Total Leverage Ratio- The ratio of Borrowers’ (i) Consolidated Total Indebtedness (excluding Deferred Acquisition Compensation and Earn Out Payments) as of the date of determination, to (ii) Consolidated EBITDA for the preceding four (4) fiscal quarters. UCC- The Uniform Commercial Code as adopted in the Commonwealth of Pennsylvania, as in effect from time to time. Unfunded Capital Expenditures – Capital Expenditures that are not financed through interest bearing Indebtedness. Withdrawal Liability- Any withdrawal liability as defined in Section 4201 of ERISA. Other Capitalized Terms- Any other capitalized terms used without further definition herein shall have the respective meaning set forth in the UCC.
Swap Obligation. With respect to any Guarantor, any obligation to pay or perform under any agreement, contract or transaction that constitutes a "swap" within the meaning of section 1a(47) of the Commodity Exchange Act. Swing Line Lender. Regions, in its capacity as provider of Swing Line Loans, or any successor swing line lender hereunder. Swing Line Loan Request. See §2.16.
Swap Obligation. The following definition of Swap Obligations is hereby added to Section 1.1 of the Loan Agreement: SWAP OBLIGATIONS - All existing and future debts, liabilities and obligations of every kind and nature arising under or in connection with any Interest Hedging Instrument, including, without limitation, any debts, liabilities or obligations arising in connection with termination of an Interest Hedging Instrument provided however that and any such debts, liabilities or obligations arising under or in connection with any Interest Hedging Instrument shall not have: (i) a notional balance of in excess of $150,000,000 in the aggregate or (ii) a maturity date of later than the Current Term of the Credit Facility.
Swap Obligation. Any Interest Rate Protection Agreement or Swap Contract that constitutes a “swap” within the meaning of section 1a(47) of the Commodity Exchange Act, as amended from time to time.”
Swap Obligation any obligation to pay or perform under any Swap, whether as a party to such Swap or by providing any guarantee of or provision of support for such Swap (and whether or not such obligation is an Obligation hereunder).
Swap Obligation. Any obligation to pay or perform under any agreement, contract or transaction that constitutes a “swap” within the meaning of section 1a(47) of the Commodity Exchange Act. Term Loan- Section 2.2(a). Term Loan Maturity Date – December 28, 2019. Term Loan Note - Section 2.2(a). Total Leverage Ratio- The ratio of Borrowers’ (i) Consolidated Total Indebtedness as of the date of determination, to (ii) Consolidated EBITDA for the preceding four (4) fiscal quarters.