Examples of Eligible Hedging Agreement in a sentence
The Agent’s rights and remedies under this Agreement shall be cumulative and not in substitution for any of the Agent’s rights or remedies under the Credit Agreement, any other Loan Document or any Eligible Hedging Agreement, at law or in equity, whether or not the Agent or any other Secured Party has pursued or is pursuing any other rights or remedies.
The strict performance and observance by the Grantor of all agreements, warranties, representations, covenants and conditions of the Grantor made by the Grantor pursuant to the Credit Agreement, this Agreement, any other Loan Document or any Eligible Hedging Agreement, in each case as now in effect or as hereafter entered into, amended, restated, supplemented, renewed, extended or replaced from time to time.
Enter into or suffer to exist, or permit any of its Subsidiaries to enter into or suffer to exist, any interest rate or currency rate hedging agreement (or similar understanding or obligation), unless such agreement is (i) an Eligible Hedging Agreement entered into by a Loan Party for bona fide hedging purposes and not for speculative purposes, or (ii) other unsecured hedging agreements for bona fide hedging purposes and not for speculative purposes.
Enter into or suffer to exist, any Hedging Arrangements of any kind, except for (i) any Eligible Hedging Agreement entered into for bona fide hedging purposes (and not for speculative purposes), or (ii) other unsecured hedging agreements for bona fide hedging purposes and not for speculative purposes.
The Agent shall not be responsible for monitoring or verifying outstanding Eligible Hedging Agreement obligations or for monitoring or verifying the effectiveness, or rank or priority of any Liens securing Eligible Hedging Agreement obligations.
In addition and for greater certainty, as between the Agent and the Lenders only, the Lead Swap Arranger shall not be responsible for monitoring or verifying the outstanding obligations under Eligible Hedging Agreements from time to time, and for monitoring or verifying the priority and effectiveness of the Liens securing the Eligible Hedging Agreement obligations.
Each Eligible Hedging Agreement shall be deemed to be a “Loan Document” for purposes of this Section 3.06.
The parties hereto acknowledge and agree that the Credit Facilities, the Commitments, any Accommodations, any obligations of the Borrower hereunder, any obligations owing by the Borrower under any Eligible Hedging Agreement and any obligations owing by the Borrower under any Cash Management Agreement constitute Designated Senior Indebtedness under the Senior Subordinated Note Indenture.
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