Examples of Designated Interest Rate Agreement in a sentence
The Borrower will not designate any Designated Interest Rate Agreement or Designated Cash Management Obligations as Secured Obligations for purposes of the Security Agreement if, immediately after giving effect to such designation, the aggregate notional principal amount of all such agreements then in effect which are Secured Obligations would exceed the lesser of the aggregate amount of the Commitments at such time in effect hereunder and the Borrowing Base in effect at such time.
The Borrower will not designate any Interest Rate Agreement as a Secured Obligation for purposes of the Security Agreement or as a Designated Interest Rate Agreement for purposes of the Guaranty Agreements if, immediately after giving effect to such designation, the aggregate notional principal amount of all such agreements then in effect which are Secured Obligations and/or Designated Interest Rate Agreements would exceed $300,000,000.
Vencor will not designate any interest rate swap agreement or any interest rate cap and floor agreement as a Secured Obligation for purposes of the Security Agreement or as a Designated Interest Rate Agreement for purposes of the Subsidiary Guaranty Agreements if, immediately after giving effect to such designation, the aggregate notional principal amount of all such agreements then in effect which are Secured Obligations and/or Designated Interest Rate Agreements would exceed $1,000,000,000.
No failure or delay by any Lender Party or Interest Hedge Counterparty in exercising any right, power or privilege under any Financing Document or Designated Interest Rate Agreement shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
The Borrower will not designate any Designated Interest Rate Agreement or Designated Cash Management Obligations as Secured Obligations for purposes of the Security Agreement unless such agreements are entered into in the ordinary course of business and, in the case of any Designated Interest Rate Agreement, for the purpose of limiting interest rate risks and not for speculation.
If at any time any amount payable by the Borrower under any Financing Document or Designated Interest Rate Agreement is rescinded or must be otherwise restored or returned upon the insolvency, bankruptcy or reorganization of the Borrower or otherwise, Vencor's obligations under this Guaranty Agreement with respect to such payment shall be reinstated at such time as though such payment had become due but had not been made at such time.
If at any time any amount payable by the Borrower under any Financing Document or Designated Interest Rate Agreement is rescinded or must be otherwise restored or returned upon the insolvency, bankruptcy or reorganization of the Borrower or otherwise, each Subsidiary Guarantor's obligations under this Guaranty Agreement with respect to such payment shall be reinstated at such time as though such payment had become due but had not been made at such time.
Each and every Default and Event of Default under the Credit Agreement and each and every default in payment or performance of any obligation, covenant or agreement of the Borrower under any Credit Document or Designated Interest Rate Agreement, shall give rise to a separate claim and cause of action hereunder, and separate claims or suits may be made and brought, as the case may be, hereunder as each such Default, Event of Default or default occurs.
The Parent Guarantor and each Supporting Guarantor each hereby approves each and every determination, in the absence of manifest error, of amounts payable by the Borrower under the Credit Agreement, the Notes, the other Credit Documents and any Designated Interest Rate Agreement, whether made by the Administrative Agent, any Lender, any other Creditor or by a third person used for the purpose of making such determination.
Vencor will not designate any interest rate swap agreement or any interest rate cap and floor agreement as a Secured Obligation for purposes of the Security Agreement or as a Designated Interest Rate Agreement for purposes of the Guaranty Agreements if, immediately after giving effect to such designation, the aggregate notional principal amount of all such agreements then in effect which are Secured Obligations and/or Designated Interest Rate Agreements would exceed $600,000,000.