Swap Transaction. This Mortgage secures the Mortgagor’s obligations in any Swap Transaction between Mortgagee and Mortgagor pursuant to applicable Swap Documents entered into in connection with the Note or any future notes secured hereby, including without limitation Mortgagor’s obligation to pay any applicable Swap Breakage Fee. Mortgagor hereby acknowledges and agrees that: (1) the Mortgagor’s obligations under the Swap Documents are and shall be expressly included within the obligations hereunder; (2) the Swap Documents shall be cross-collateralized and cross-defaulted, pari passu, with this Mortgage and the other Loan Documents; (3) Mortgagor shall pay any Swap Breakage Fee in the event the swap must be terminated prior to maturity thereof for any reason, including without limitation acceleration of any Term Loan pursuant to the terms of the Loan Documents; and (4) the Swap Breakage Fee will be calculated based on relevant market conditions and swap value as Mortgagee may determine in its discretion at the time of such termination and, as such, the amount of the Swap Breakage Fee may be substantial.
Swap Transaction. Any reference to a:
(a) “Swap Transaction” in the 2000 ISDA Definitions is deemed to be a reference to a “Transaction” for the purpose of interpreting this Agreement or any Confirmation; and
Swap Transaction. Mortgagor shall enter into a swap transaction fixing the interest rate payable on the Earn-Out Advance simultaneously with the advance of funds; and
Swap Transaction. The LLC shall pay on or before the applicable ---------------- Payment Date (as defined in the Swap Agreement) any and all payments required to be made by St. Xxxxxxx Place II, LLC under the Swap Agreement dated September 21, 2001, ISDA Master Agreement, dated as of September 21, 2001 (the "Master Agreement"), between First Union National Bank and St. Xxxxxxx Place II, LLC and the Swap Transaction Confirmation, dated October 1, 2001 (together with the Master Agreement, the "Swap Agreement"), (attached hereto as Exhibit B) for the interest rate swap transaction (Ref. No. 81083/161578) which have a Payment Date (as defined in the Swap Agreement) occurring on or before the later of (i) Final Completion (as that term is defined under Schedule 6.12 hereof) of Trinity ------------- Commons II or (ii) November 1, 2002. At the direction of Cornerstone, the LLC will make all payments required pursuant to this
Swap Transaction. Any reference to a:
(a) SWAP TRANSACTION" in the 1991 ISDA Definitions is deemed to be a reference to a "Transaction" for the purpose of interpreting this Agreement or any Confirmation; and
Swap Transaction. (a) Any Borrower may, but shall not be required to, enter into a Swap Transaction with a Lender acceptable to the Required Lenders (such financial institution is referred to herein as “Swap Bank”). The Lenders agree that the Swap Bank may be Administrative Agent or an Affiliate of Administrative Agent. Borrowers agree that if any Borrower executes a Swap Transaction, the provisions of this Section 1.19 shall govern and apply to such Swap Transaction. Borrowers acknowledge and agree that the failure of any Borrower to comply with its obligations under the Swap Transaction and to make payments when due thereunder, will be a default under this Loan.
(b) As additional security for the obligations of Borrowers under the Loan Documents, each Borrower hereby transfers, assigns, and conveys to Administrative Agent for the ratable benefit of Lenders, subject to the terms and conditions contained herein, all of such Borrower’s rights, titles and interests, but not its obligations, duties or liabilities for any breach, in, under and to the Swap Transaction, any and all amounts received by such Borrower in connection therewith or to which such Borrower is entitled thereunder, and all proceeds of the foregoing. Administrative Agent shall have the right at any time (but shall have no obligation) to take in its name or in the name of such Borrower such action as Administrative Agent may at any time determine to be necessary or advisable to cure any default under or with respect to the Swap Transaction or to protect the rights of such Borrower or Swap Bank thereunder; provided, however, that prior to the occurrence of a Default, Administrative Agent shall give prior written notice to such Borrower before taking any such action. Neither Administrative Agent or Lenders shall incur any liability if any action so taken by Administrative Agent or on its behalf shall prove to be inadequate or invalid, and each Borrower agrees to hold Administrative Agent and Lenders free and harmless against and from any loss, cost, liability or expense (including, but not limited to, attorneys’ fees and expenses) incurred in connection with any such action, as provided in this Agreement. It is agreed and understood that, in addition to any and all other remedies to which Administrative Agent and Lenders are entitled at law or in equity, Administrative Agent and Lenders shall have all rights and benefits to which a secured party is entitled at law or in equity, including, without limitation und...
Swap Transaction. Concurrently with or promptly following their execution and delivery of this Amendment, Borrower and the Bank shall enter into such documents, instruments and agreements as shall be necessary or appropriate to reflect the Swap Transaction presently contemplated by the parties. Such transaction shall, for all purposes relevant to the Amended Loan Agreement, constitute a "Swap Transaction", and shall be subject to and governed by all of the terms and conditions set forth in the Amended Loan Agreement applicable to Swap Transactions, including but not limited to the terms and conditions set forth in Section 7 thereof.
Swap Transaction. (a) Borrowers may enter (or cause Guarantor to enter) into one or more Swap Transactions for the purpose of hedging and protecting against interest rate fluctuation risks with respect to the Loan.
(b) Borrowers must send to Administrative Agent written notice of the execution of any Swap Transaction as soon as is reasonably possible after execution, including a copy of the confirmation of the Swap Transaction. Borrowers must send to Administrative Agent any written notice of default or breach of or under the Swap Transaction that any Borrower sends to (such notice to Administrative Agent to be sent simultaneously therewith) or receives from (such notice to Administrative Agent to be sent immediately upon receipt by such Borrower thereof) any Person that is a party to any Swap Transaction.
Swap Transaction. Borrower shall comply with the terms and conditions of Exhibit I with respect to the matters described therein.
Swap Transaction. The terms of the particular Swap Transaction to which this Confirmation relates are as follows: Trade Date: July 24, 2001 Effective Date: July 31, 2001 Termination Date: November 30, 2004, subject to adjustment in accordance with the Modified Following Business Day Convention Notional Amount: USD 7,500,000 amortizing in accordance with the Outstanding Notional Balance Schedule attached hereto Business Days: New York and London Calculation Agent: Party A FIXED AMOUNTS: Fixed Rate Payer: Party B Fixed Rate: 4.70 percent Fixed Rate Day Count Fraction: Actual/360
