Swaps. No Borrower is a party to, nor will it be a party to, any swap agreement whereby such Borrower has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “two-way basis” without regard to fault on the part of either party.
Appears in 68 contracts
Samples: Guaranty and Security Agreement (Dril-Quip Inc), Revolving Credit and Security Agreement (Virco MFG Corporation), Guaranty and Security Agreement (Dril-Quip Inc)
Swaps. No Borrower is a party to, nor will it be a party to, any swap agreement whereby such Borrower has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “"two-way basis” " without regard to fault on the part of either party.
Appears in 17 contracts
Samples: Security Agreement (Union Drilling Inc), Revolving Credit (Teamstaff Inc), Revolving Credit (Graham Field Health Products Inc)
Swaps. No Borrower is not a party to, nor will it be a party to, any swap agreement whereby such Borrower has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “two-way basis” without regard to fault on the part of either party.
Appears in 11 contracts
Samples: Security Agreement (Goodman Networks Inc), Security Agreement (Hudson Technologies Inc /Ny), Security Agreement (Research Pharmaceutical Services, Inc.)
Swaps. No Borrower is not a party to, nor will it be a party to, any swap agreement whereby such Borrower has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “"two-way basis” " without regard to fault on the part of either party.
Appears in 11 contracts
Samples: Credit, Term Loan and Security Agreement (Aaf McQuay Inc), Security Agreement (Fonda Group Inc), Revolving Credit and Security Agreement (Cygne Designs Inc)
Swaps. No Neither the Borrower or any of its Subsidiaries is a party to, nor will it be a party to, any swap agreement whereby such Borrower or Subsidiary has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “two-way basis” without regard to fault on the part of either party.
Appears in 3 contracts
Samples: Credit Agreement (Pacific Ethanol, Inc.), Assignment and Assumption (Aventine Renewable Energy Holdings Inc), Credit Agreement (Aventine Renewable Energy Holdings Inc)
Swaps. No Borrower is a party to, nor will it be a party to, any ----- swap agreement whereby such Borrower has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “"two-way basis” " without regard to fault on the part of either party.
Appears in 3 contracts
Samples: Credit and Security Agreement (Styrochem International Inc), Revolving Credit and Security Agreement (Styrochem International LTD), Air Methods Corp
Swaps. No Borrower or Guarantor is a party to, nor will it be a party to, any swap agreement whereby such Borrower or Guarantor has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “two-way basis” without regard to fault on the part of either party.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Build-a-Bear Workshop Inc), Revolving Credit and Security Agreement (Build a Bear Workshop Inc)
Swaps. No Except as otherwise agreed by Agent, no Borrower is a party to, nor will it be a party to, any swap agreement whereby such Borrower has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “two-way basis” without regard to fault on the part of either party.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (SMTC Corp), Security Agreement (SMTC Corp)
Swaps. No Borrower Party is a party to, nor will it be a party to, any swap agreement whereby such Borrower Party has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “two-way basis” without regard to fault on the part of either party.
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Horsehead Holding Corp), Revolving Credit and Security Agreement (Horsehead Holding Corp)
Swaps. No Borrower is a party to, nor will it be a party to, any swap agreement whereby such Borrower has agreed or will agree to swap interest rates or currencies unless same provides that damages payments upon termination following an event of default thereunder are payable on an unlimited “"two-way basis” " without regard to fault on the part of either party.
Appears in 1 contract
Swaps. No Borrower is a party to, nor will it be a party to, any swap agreement whereby such any Borrower has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “"two-way basis” " without regard to fault on the part of either party.
Appears in 1 contract
Samples: Revolving Credit, Term Loan and Security Agreement (Pietrafesa Corp)
Swaps. No Borrower is a party to, nor will it be a party to, any swap agreement whereby such a Borrower has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “"two-way basis” " without regard to fault on the part of either party.
Appears in 1 contract
Swaps. No Borrower is a party to, nor will it be a party to, other than as permitted hereunder, any swap agreement whereby such Borrower has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “two-way basis” without regard to fault on the part of either party.
Appears in 1 contract
Swaps. No Borrower is a party to, nor will it be a party to, any swap agreement whereby such Borrower has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event it is or has been (i) effected in a standard International Swap Dealer Association Agreement or such other standard form as is acceptable to Agent, (ii) shall provide for the method of default thereunder are payable on an unlimited “two-way calculating the reimbursable amount of the provider's credit exposure in a reasonable and customary basis” without regard , and (iii) is not speculative in nature but relates to fault on a hedging of indebtedness or currency exposure of the part of either partyBorrowers.
Appears in 1 contract
Swaps. No Borrower is not a party to, nor will it be a party to, any swap agreement whereby such Borrower has agreed or will agree to pledge any collateral for such arrangement or to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “"two-way basis” " without regard to fault on the part of either party.
Appears in 1 contract
Samples: Security Agreement (Danskin Inc)
Swaps. No With the exception of a swap agreement entered into with respect to this Agreement, no Borrower is a party to, nor will it be a party to, any swap agreement whereby such Borrower has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “two-way basis” without regard to fault on the part of either party.
Appears in 1 contract
Samples: Security Agreement (Franklin Electronic Publishers Inc)
Swaps. No Borrower is not a party to, nor will it be a party to, any swap agreement whereby such Borrower has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “"two-way basis” " without regard to fault on the part of either party. 5.20.
Appears in 1 contract
Samples: Credit, Term Loan And Security Agreement (Measurement Specialties Inc)
Swaps. No Neither Borrower nor Guarantor is a party to, nor will it be a party to, any swap agreement whereby such Borrower has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “"two-way basis” " without regard to fault on the part of either party.
Appears in 1 contract
Samples: Credit and Security Agreement (Cold Metal Products Inc)
Swaps. No Borrower Party is a party to, nor will it be a party to, any swap agreement whereby such Borrower Party has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “"two-way basis” " without regard to fault on the part of either party.
Appears in 1 contract
Swaps. No Other than a Lender-Provided Interest Rate Hedge, no Borrower is a party to, nor will it be a party to, any swap agreement whereby such Borrower has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “two-way basis” without regard to fault on the part of either party.
Appears in 1 contract
Swaps. No Borrower nor any of their respective Subsidiaries is a party to, nor will it be a party to, any swap agreement whereby such Borrower Person has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “two-way basis” without regard to fault on the part of either party.
Appears in 1 contract
Samples: Intercreditor Agreement (Empeiria Acquisition Corp)
Swaps. No Borrower is is, as of the date of this Agreement, a party to, nor will it be a party to, to any swap agreement whereby such Borrower has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “two-way basis” without regard to fault on the part of either party.
Appears in 1 contract
Swaps. No Borrower is not a party to, nor will it be a party to, any swap agreement whereby such Borrower has agreed or will agree to swap currencies or interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “two-way basis” without regard to fault on the part of either partyrates.
Appears in 1 contract
Swaps. No Other than Permitted Currency Hedge Agreements and Lender Provided Hxxxxx, Borrower is not a party to, nor will it be a party to, any swap agreement whereby such Borrower has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “two-way basis” without regard to fault on the part of either party.
Appears in 1 contract
Swaps. No Borrower is not a party to, nor will it be a party to, any swap agreement whereby such Borrower has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “two-two way basis” without regard to fault on the part of either party.
Appears in 1 contract
Swaps. No Borrower is a party to, nor will it any Borrower be a party to, any swap agreement whereby such Borrower has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “two-way basis” without regard to fault on the part of either party.
Appears in 1 contract
Samples: Credit Agreement (STG Group, Inc.)
Swaps. No Borrower is a party to, nor will it be a party to, any swap agreement whereby such Borrower has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “"two-way basis” " without regard to fault on the part of either party. 5.20.
Appears in 1 contract
Swaps. No Neither any Borrower nor any Guarantor is a party to, nor will it be a party to, any swap agreement whereby such Borrower has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “two-way basis” without regard to fault on the part of either party.. Revolving Credit and Security Agreement
Appears in 1 contract
Samples: Credit and Security Agreement (Horizon Offshore Inc)
Swaps. No As of the Closing Date, no Borrower is a party to, nor will it be a party to, any swap agreement whereby such Borrower has agreed or will agree to swap interest rates or currencies unless same provides that damages upon termination following an event of default thereunder are payable on an unlimited “two-way basis” without regard to fault on the part of either partycurrencies.
Appears in 1 contract
Samples: Security Agreement (Osteotech Inc)