Financial Hedging Agreement definition

AI-Powered Contracts

Draft, Review & Redline at the Speed of AI

Financial Hedging Agreement means any agreement with respect to any Interest Rate Contract or Foreign Exchange Agreement, all as amended, restated, supplemented or otherwise modified from time to time.

Financial Hedging Agreement any currency swap, cross-currency rate swap, currency option, interest rate option, interest rate swap, cap or collar agreement or similar arrangement or any other similar transaction (including any option to enter into any of the foregoing) or any combination of the foregoing including any derivative relating to interest rate or currency rate risk, in each case which is not a Commodity OTC Agreement. “Financing Lease”: any lease of property, real or personal, the obligations of the lessee in respect of which are required in accordance with GAAP to be capitalized on a balance sheet of the lessee; provided that the Borrowers may choose for any lease of any Person that are or would be characterized as an operating lease in accordance with GAAP on December 31, 2018 (whether or not such operating lease was in effect on such date) to be accounted for as an operating lease (and not as a Financing Lease) for purposes of this Agreement regardless of any change in GAAP following such date that would otherwise require such operating lease to be recharacterized (on a prospective or retroactive basis or otherwise) as a Financing Lease. “First Amendment”: that certain First Amendment to Second Amended and Restated Credit Agreement, dated as of May 11, 2021, by and among the Borrowers, the Lenders and the Administrative Agent. “First Amendment Effective Date”: the “Amendment Effective Date” as defined in the First Amendment. “First Purchaser Lien”: a so-called “first purchaser” Lien, as defined in Texas Bus. & Com. Code Section 9.343, comparable Laws of the states of North Dakota, Oklahoma, Kansas, Mississippi, Wyoming, Montana or New Mexico, or any other comparable Law of any such jurisdiction or any other applicable jurisdiction. “First Purchaser Lien Amount”: as of any date, in respect of any property of a Loan Party subject to a First Purchaser Lien, the aggregate amount of the obligations outstanding as of such date giving rise to such First Purchaser Lien, less any portion of such obligations that are secured or supported by a Letter of Credit. “Fiscal Year”: with respect to any Person, such Person’s fiscal year, which consists of a twelve (12) month period beginning on each January 1 and ending on each December 31. “Floor”: a rate of interest equal to 0.25%. “Foreign Lender”: a Lender that is not a U.S. Person. “Forward Contract”: as of any date of determination, a Commodity Contract with a delivery date or, with respect to a Commodity OTC Agreement, price settle...

Examples of Financial Hedging Agreement in a sentence

The parties hereto and to the other Loan Documents and any Financial Hedging Agreement preserve, without diminution, certain remedies that such Persons may employ or exercise freely, either alone, in conjunction with or during a Dispute.
Nothing in this Agreement shall affect any right that the Collateral Agent or any other Secured Party may otherwise have to bring any action or proceeding relating to this Agreement, the other Loan Documents or any Financial Hedging Agreement against any Grantor or its properties in the courts of any jurisdiction.
The rights of a Senior Party to enforce any provision of this Security Agreement or any other Loan Document will not be prejudiced or impaired by: (i) any act or failure to act of any Grantor, or (ii) noncompliance by any Person other than such Senior Party with any provision of this Security Agreement, any other Loan Document or any Cash Management Bank Agreement, Commodity OTC Agreement or Financial Hedging Agreement.

More Definitions of Financial Hedging Agreement

Financial Hedging Agreement means any Hedging Agreement, other than any Hedging Agreement that is intended to hedge the price, or provide for the future delivery or sale, of commodities.

Financial Hedging Agreement any currency swap, cross-currency rate swap, currency option, interest rate option, interest rate swap, cap or collar agreement or similar arrangement or any other similar transaction (including any option to enter into any of the foregoing) or any combination of the foregoing including any derivative relating to interest rate or currency rate risk, in each case which is not a Commodity OTC Agreement. “Financing Lease”: any lease of property, real or personal, the obligations of the lessee in respect of which are required in accordance with GAAP to be capitalized on a balance sheet of the lessee. “First Purchaser Lien”: a so-called “first purchaser” Lien, as defined in Texas Bus. & Com. Code Section 9.343, comparable Laws of the states of Oklahoma, Kansas, Mississippi, Wyoming or New Mexico, or any other comparable Law of any such jurisdiction or any other applicable jurisdiction. “First Purchaser Lien Amount”: as of any Borrowing Base Date, in respect of any property of a Loan Party subject to a First Purchaser Lien, the aggregate amount of the obligations outstanding as of such date giving rise to such First Purchaser Lien, less any portion of such obligations that are secured or supported by a Letter of Credit. “Fiscal Year”: with respect to any Person, such Person’s fiscal year, which consists of a twelve (12) month period beginning on each January 1 and ending on each December 31. “Foreign Lender”: a Lender that is not a U.S. Person. “Forward Contract”: as of any date of determination, a Commodity Contract with a delivery date or, with respect to a Commodity OTC Agreement, price settlement date, one day or later after such date of determination. “Forward Contract Counterparty”: any counterparty to a Forward Contract of any Loan Party. “Futures Contracts”: contracts for making or taking delivery of Eligible Commodities that are traded on a market-recognized commodity exchange, which such contracts meet the specification