Exchange Counterparty definition
Examples of Exchange Counterparty in a sentence
An Ares Operating Group Limited Partner may not revoke a notice of exchange delivered pursuant to Section 2.2(a) above without the consent of the Exchange Counterparty which consent may be provided or withheld, or made subject to such conditions, limitations or restrictions, as determined by the Exchange Counterparty in its sole discretion.
No remedy by the terms of this Indenture conferred upon or reserved to the Indenture Trustee, the Holders or an Exchange Counterparty is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Indenture or existing at law or in equity or by statute on or after the date of adoption of this Indenture.
The Issuer, each Eligible Lender Trustee and the Indenture Trustee shall have the same responsibilities and obligations under this Article VI with respect to any Exchange Counterparty as each has with respect to the Holders, except for such responsibilities and obligations which, of necessity, apply only to the Holders of Notes.
The Indenture Trustee shall notify the Issuer on such Business Day, if (a) the amount received from the Exchange Counterparty is not equal to the amount specified in the written notification of the Issuer, (b) no amount is received from the Exchange Counterparty or (c) the amount received is not received in freely transferable funds.
The Issuer shall not consent or agree to or permit any amendment or modification of any of its rights under a Purchase Agreement which will in any manner materially adversely affect the rights or security of the Holders or of any Exchange Counterparty under this Indenture.
The covenants and agreements of the Issuer, each Eligible Lender Trustee and the Indenture Trustee contained in Article VI of the Indenture shall be applicable to, and shall be made with respect to, any Exchange Counterparty, and the Issuer, each Eligible Lender Trustee and the Indenture Trustee hereby make such covenants and agreements with any such Exchange Counterparty.
The Issuer shall at all times, to the extent permitted by law, cause to be defended, enforced, preserved and protected the rights and interests of the Issuer, of the Holders and of each Exchange Counterparty under or with respect to the Purchase Agreements.
The Issuer and each Eligible Lender Trustee shall not consent, or agree to or permit any amendment or modification of any Financed Student Loan or agreement in connection therewith which will in any manner materially adversely affect the rights or security of the Holders or of any Exchange Counterparty under this Indenture or the Guarantee of such Financed Student Loans.
The Issuer hereby authorizes and directs the Indenture Trustee to acknowledge and agree to any Exchange Agreement hereafter entered into by the Issuer and an Exchange Counterparty under which (a) the Issuer may be required to make, from time to time, Issuer Exchange Payments and (b) the Indenture Trustee may receive, from time to time, Counterparty Exchange Payments for the account of the Issuer.
In connection with the execution of any Exchange Agreement, the Indenture Trustee, on behalf of the Exchange Counterparty, shall waive in the Supplemental Indenture executed in connection with the Exchange Agreement any and all rights which the Exchange Counterparty may have to receive any amounts realized by the Indenture Trustee from foreclosure upon the Trust Estate consisting of its Exchange Agreement and its Exchange Counterparty Guarantee, if any.