Derivatives Creditor means any Lender or any Affiliate of any Lender from time to time party to one or more Derivatives Agreements with the Borrower (even if any such Lender for any reason ceases after the execution of such agreement to be a Lender hereunder), and its successors and assigns, and “Derivatives Creditors” means any two or more of such Derivatives Creditors.
Derivatives Creditor means (i) any Lender or any Affiliate of any Lender from time to time party to one or more Derivatives Agreements with the Borrower (even if any such Lender for any reason ceases after the execution of such agreement to be a Lender hereunder), and its successors and assigns, or (ii) any other counterparty to the Derivatives Agreement permitted in accordance with Section 5.21(a); provided that such other counterparty under this paragraph (ii) is rated at least A-, from Standard & Poor's Ratings Services or equivalent from Xxxxx'x Investors Service, Inc. at the time that such counterparty enters into a Derivatives Agreement with the Borrower.
Derivatives Creditor means any Lender or any Affiliate of any Lender from time to time party to one or more Derivatives Agreements permitted hereunder with a Credit Party (even if any such Lender for any reason ceases after the execution of such agreement to be a Lender hereunder), and its successors and assigns, and "Derivatives Creditors" means any two or more of them, collectively.
Examples of Derivatives Creditor in a sentence
Unless it has actual knowledge (including by way of written notice from a Derivatives Creditor or any Representatives thereof) to the contrary, the Collateral Agent, in acting hereunder, shall be entitled to assume that no Derivatives Agreements are in existence.
The Agent, the Lenders and the Borrower each agree (if requested by either the Agent or the Borrower) to negotiate in good faith with respect to a Derivatives Agreement with a Derivatives Creditor with respect to the Cash Flow; provided that in the event a Derivatives Agreement is entered into with respect to the Cash Flow, the Lenders shall be granted a first priority, perfected security interest in such Derivatives Agreement.
Unless it has actual knowledge (including by way of written notice from a Derivatives Creditor or any Representatives thereof) to the contrary, each Collateral Agent, in acting hereunder, shall be entitled to assume that no Derivatives Agreements are in existence.
For the avoidance of doubt, the term “Lender” when used in this Section 2.11 means a Lender acting in its capacity as “Lender”, and not in its capacity as Derivatives Creditor nor in any other capacity.
Unless it has actual knowledge (including by way of written notice from a Derivatives Creditor) to the contrary, the Canadian Collateral Agent, in acting hereunder, shall be entitled to assume that no Derivatives Agreements are in existence.
More Definitions of Derivatives Creditor
Derivatives Creditor means (i) any Lender or any Affiliate of any Lender from time to time party to one or more Derivatives Agreements with the Borrower (even if any such Lender for any reason ceases after the execution of such agreement to be a Lender hereunder), and its successors and assigns, or (ii) any other counterparty to the Derivatives Agreement permitted in accordance with Section 5.21(a), provided that such other counterparty under this paragraph (ii) is rated at least A-, from Standard & Poor’s Ratings Services or equivalent from Xxxxx’x Investors Service, Inc.
Derivatives Creditor means any Lender or any Affiliate of any Lender from time to time party to one or more Derivatives Agreements permitted hereunder with a Credit Party (even if any such Lender for any reason ceases after the execution of such agreement to be a Lender hereunder), and its successors and assigns, and "DERIVATIVES CREDITORS" means any two or more of them, collectively.
Derivatives Creditor means any entity which is either (i) a Person that is a Lender or an Affiliate of a Lender on the date on which the related Derivatives Agreement was entered into by the Borrower, or (ii) any other entity which (a) on the date of entering into any Derivatives Agreement (x) is an interest rate swap dealer that has been approved in writing by the Administrative Agent (which approval shall not be unreasonably withheld or delayed) or (y) has a long-term senior unsecured debt rating of not less than “A+” by Fitch and not less than “A1” by Xxxxx’x or such other long-term rating or short-term rating as has been approved by the Administrative Agent in writing in its sole discretion; and (b) in the Derivatives Agreement to which it is a party, (x) consents to the assignment of the Borrower’s rights under such Derivatives Agreement to the Collateral Agent pursuant to the Security Agreement and (y) in the case of a Person described in clause (ii)(a)(y) above, agrees that in the event that Xxxxx’x or Fitch, as applicable, shall reduce or withdraw its long-term or short-term senior unsecured debt rating described in clause (ii)(a)(y) above, within thirty (30) Business Days of such downgrade or withdrawal, it shall transfer its rights and obligations under each Derivatives Agreement to another entity that meets the requirements provided in clause (i) hereof or clauses (ii)(a) and (ii)(b) hereof and which has entered into a Derivatives Agreement with the Borrower on or prior to the date of such transfer. “Derivatives Obligations” of any Person means all obligations (including, without limitation, any amounts which accrue after the commencement of any bankruptcy or insolvency proceeding with respect to such Person, whether or not allowed or allowable as a claim under the Bankruptcy Code) of such Person in respect of any Derivatives Agreement.
Derivatives Creditor means any Lender or any Affiliate of any Lender from time to time party to one or more Derivatives Agreements with the Borrower (even if any such Lender for any reason ceases after the execution of such agreement to be a Lender hereunder), and its successors and assigns, and “Derivatives Creditors” means any two or more of such Derivatives Creditors. “Derivatives Obligations” of any Person means all obligations (including, without limitation, any amounts which accrue after the commencement of any bankruptcy or insolvency proceeding with respect to such Person, whether or not allowed or allowable as a claim under the Bankruptcy Code) of such Person in respect of any Derivatives Agreement, excluding any amounts which such Person is entitled to set-off against its obligations under Applicable Law. “Derivatives Termination Value” means, at any date after the termination of any Derivatives Agreement, after taking into account the effect of any legally enforceable netting agreements relating to such Derivatives Agreement, the amount payable by (in which case the amount shall be positive) or payable to (in which case the amount shall be negative), the Borrower as a result of the termination of such Derivatives Agreement. “Designated Ineligible Type” means with respect to Portfolio Railcars and Portfolio Leases, Railcars or Leases, as the case may be, which are of a type which the Agent, in its reasonable discretion, has theretofore designated (by written notice to the Borrower) as ineligible for inclusion in the Borrowing Base hereunder. “Designated Severability Clause” means, with respect to a Mixed Rider, language to the effect that the Mixed Rider shall constitute one or more separate and severable leases, with each such lease being comprised of railcars owned by a single person or entity, and each such lease shall incorporate the terms of the related master lease agreement and shall be separate and severable from each other lease made pursuant to such rider and from any other railcars or riders relating to such master lease agreement. “Designated Type” means when used with respect to Railcars, Railcars which are classified as covered xxxxxx grain cars or as coal cars (each of which shall be a separate “type” of Railcar). “Discretionary Account” means the Discretionary Account established by the Depositary pursuant to the Depository Agreement. “Disqualified Stock” of any Person means any Equity Interest of such Person which by its terms (or by the terms of any...
Derivatives Creditor means each counterparty to a Derivative Agreement that (i) is a First Lien Lender or any Affiliate of any First Lien Lender at the time such Derivative Agreement is entered into or (ii) is a First Lien Lender or an Affiliate of a First Lien Lender as of the Closing Date and is a counterparty to a Derivative Agreement entered into prior to the Closing Date (in each case, regardless of whether such counterparty subsequently ceases to be a First Lien Lender or an Affiliate of a First Lien Lender), and “Derivatives Creditors” means any two or more of them, collectively.
Derivatives Creditor means any Lender or any Affiliate of any Lender from time to time party to one or more Derivatives Agreements with the Borrower (even if any such Lender for any reason ceases after the execution of such agreement to be a Lender hereunder), and its successors and assigns, and “Derivatives Creditors” means any two or more of such Derivatives Creditors. “Derivatives Obligations” of any Person means all obligations (including, without limitation, any amounts which accrue after the commencement of any bankruptcy or insolvency proceeding with respect to such Person, whether or not allowed or allowable as a claim under the Bankruptcy Code) of such Person in respect of any Derivatives Agreement, excluding any amounts which such Person is entitled to set-off against its obligations under Applicable Law. “Derivatives Termination Value” means, at any date after the termination of any Derivatives Agreement, after taking into account the effect of any legally enforceable netting
Derivatives Creditor means the Agent, in its individual capacity, any Affiliate of the Agent, any Senior Lender, any Affiliate of any Senior Lender or any syndicate of financial institutions arranged by the Agent or any Senior Lender from time to time party to one or more Derivatives Agreements with any Obligor (even if the Agent or such Senior Lender ceases after the execution of such agreement to be the Agent or a Senior Lender, as applicable, under the Senior Credit Agreement for any reason) and their successors and assigns, and "Derivatives Creditors" means any two or more of such Derivatives Creditors, collectively.