First Lien Hedge Agreement definition

First Lien Hedge Agreement means any agreement with respect to any Derivative Transaction between any First Lien Obligor or any “subsidiary” as defined in the First Lien Credit Agreement (or any similar term in any other First Lien Document) and any First Lien Claimholder.
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First Lien Hedge Agreement means a Swap Contract entered into by the Company, any Guarantor Subsidiary or any Restricted Subsidiary with a First Lien Hedge Counterparty as permitted under the First Lien Loan Documents and Second Lien Loan Documents.
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First Lien Hedge Agreement shall have the meaning assigned to such term in Recital A of this Agreement.
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Examples of First Lien Hedge Agreement in a sentence

  • On April 26, 2005, pursuant to section 560 of the Bankruptcy Code and section 6(a) of the Master Agreement, GSCM provided notice to Meridian that it was terminating the Prepetition First Lien Hedge Agreement, based upon the occurrence of an event of default as described in section 5(a)(vii)(4) of the Master Agreement.

  • For the avoidance of doubt, neither the foregoing nor anything else herein shall modify the terms of any Consenting First Lien Hedge Agreement.

  • Pursuant to the Prepetition First Lien Hedge Agreement, GSCM has asserted a first-lien secured claim against Meridian in an amount not less than approximately $3,369,141.50, plus unpaid interest and legal fees.

  • Upon entering into a First Lien Hedge Agreement, amounts equal to the Hedge Agreement Payment Obligations under the First Lien Hedge Agreement (net of any amounts owed by the Counterparty to the Wharves Board) shall be deposited into the First Lien Debt Service Fund as if such amounts were additional amounts of interest due in order to pay (when due) such Hedge Agreement Payment Obligations payable under the First Lien Hedge Agreement from amounts on deposit in the First Lien Debt Service Fund.

  • GSCM has further indicated that it intends to file a motion for summary judgment seeking a dismissal of the Complaint, as it relates to GSCM in its capacity as counterparty to the First Lien Hedge Agreement, based on these and similar grounds.

  • Net amounts received by the Issuer from the Counterparty pursuant to First Lien Hedge Agreement shall be deposited to the credit of the First Lien Debt Service Fund or, in the case of collateral postings and amounts due on termination, to such other Fund or account as designated by an authorized representative of the Issuer.

  • GSCM, the counterparty to the Prepetition First Lien Hedge Agreement, was not named in the Complaint as a defendant.


More Definitions of First Lien Hedge Agreement

First Lien Hedge Agreement means the “Lender Hedge Agreements” as defined in the First Lien Security Agreement.
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Related to First Lien Hedge Agreement

  • Secured Hedge Agreement means any Swap Contract permitted under Section 7.03(f) that is entered into by and between any Loan Party or any Restricted Subsidiary and any Hedge Bank.

  • Interest Hedge Agreement means a Hedge Contract between the Borrower and one or more financial institutions providing for the exchange of nominal interest obligations between the Borrower and such financial institution or the cap of the interest rate on any Debt of the Borrower.

  • Guaranteed Hedge Agreement means any Hedge Agreement permitted under Article V that is entered into by and between any Loan Party and any Hedge Bank.

  • Hedge Agreement means (a) any and all rate swap transactions, basis swaps, credit derivative transactions, forward rate transactions, commodity swaps, commodity options, forward commodity contracts, equity or equity index swaps or options, bond or bond price or bond index swaps or options or forward bond or forward bond price or forward bond index transactions, interest rate options, forward foreign exchange transactions, cap transactions, floor transactions, collar transactions, currency swap transactions, cross-currency rate swap transactions, currency options, spot contracts, or any other similar transactions or any combination of any of the foregoing (including any options to enter into any of the foregoing), whether or not any such transaction is governed by or subject to any master agreement, and (b) any and all transactions of any kind, and the related confirmations, which are subject to the terms and conditions of, or governed by, any form of master agreement published by the International Swaps and Derivatives Association, Inc., any International Foreign Exchange Master Agreement, or any other master agreement.

  • Hedge Agreements means interest rate swap, cap or collar agreements, interest rate future or option contracts, currency swap agreements, currency future or option contracts and other similar agreements.

  • Interest Rate Hedge Agreement any interest rate swap agreement, interest rate cap, collar or other arrangement between the Borrower and a Hedge Provider, consisting of a “Master Agreement” in a form published by the International Swaps and Derivatives Association, Inc., together with a “Schedule” thereto in substantially such form as the Program Agent shall have approved, each “Confirmation” thereunder confirming the terms of each transaction thereunder and any credit support annex and schedule thereto.

  • Secured Hedging Obligations means all Hedging Obligations owing by the U.S. Borrower or any Restricted Subsidiary to the Agent, a Joint Lead Arranger, Co-Documentation Agent or any Affiliate of any of the foregoing or a Person that was a Lender or an Affiliate of a Lender on the Closing Date or at the time the Hedge Agreement giving rise to such Hedging Obligations was entered into.

  • Secured Hedging Agreement means any Hedging Agreement that is entered into by and between the Borrower or any Restricted Subsidiary and any Hedge Bank.

  • Specified Hedge Agreement any Hedge Agreement entered into by the Borrower or any Subsidiary Guarantor and any Qualified Counterparty.

  • First Lien Loan Documents means the “Loan Documents” as defined in the First Lien Credit Agreement.

  • Designated Hedge Agreement means any Existing Hedge Agreement and any Hedge Agreement (other than a Commodities Hedge Agreement) to which a Borrower or any Subsidiary is a party and as to which, at the time such Hedge Agreement is entered into, a Lender or any of its Affiliates is a counterparty.

  • First Lien/Second Lien Intercreditor Agreement means an intercreditor agreement substantially in the form of Exhibit H hereto, or such other customary form reasonably acceptable to the Administrative Agent and the Borrower, in each case, as such document may be amended, restated, supplemented or otherwise modified from time to time.

  • First Lien Security Agreement means the “Security Agreement” as defined in the First Lien Credit Agreement.

  • First Lien Security Documents means the Security Documents (as defined in the First Lien Credit Agreement) and any other agreement, document or instrument pursuant to which a Lien is granted or purported to be granted securing any First Lien Obligations or under which rights or remedies with respect to such Liens are governed.

  • First Lien Credit Documents means the “Credit Documents” as defined in the First Lien Credit Agreement.

  • First Lien Indebtedness means the Indebtedness under the First Lien Indebtedness Documents.

  • First Lien Credit Agreement has the meaning set forth in the recitals hereto.

  • Rate Hedging Agreement means an agreement, device or arrangement providing for payments which are related to fluctuations of interest rates, exchange rates or forward rates, including, but not limited to, dollar-denominated or cross-currency interest rate exchange agreements, forward currency exchange agreements, interest rate cap or collar protection agreements, forward rate currency or interest rate options, puts and warrants.

  • First Lien Documents means the credit, guarantee and security documents governing the New First Lien Obligations, including, without limitation, the New First Lien Agreement and the First Lien Security Documents.

  • Second Priority Debt Documents means the Initial Second Priority Debt Documents and, with respect to any series, issue or class of Second Priority Debt, the promissory notes, indentures, Collateral Documents or other operative agreements evidencing or governing such Indebtedness, including the Second Priority Collateral Documents.

  • Secured Hedge Obligations means Obligations under Secured Hedge Agreements.

  • Rate Hedging Obligations of a Person means any and all obligations of such Person, whether absolute or contingent and howsoever and whensoever created, arising, evidenced or acquired (including all renewals, extensions and modifications thereof and substitutions therefor), under (a) any and all Rate Hedging Agreements, and (b) any and all cancellations, buy backs, reversals, terminations or assignments of any Rate Hedging Agreement.

  • Priority Lien Security Documents means the Priority Credit Agreement (insofar as the same grants a Lien on the Collateral), each agreement listed in Part A of Exhibit B hereto, and any other security agreements, pledge agreements, collateral assignments, mortgages, deeds of trust, control agreements, or grants or transfers for security, now existing or entered into after the date hereof, executed and delivered by the Borrower or any other Grantor creating (or purporting to create) a Lien upon Collateral in favor of the Priority Lien Agent (including any such agreements, assignments, mortgages, deeds of trust and other documents or instruments associated with any Priority Substitute Credit Facility).

  • Secured Cash Management Agreement means any Cash Management Agreement that is entered into by and between any Loan Party and any Cash Management Bank.

  • Second Lien Loan Documents means the “Loan Documents” as defined in the Second Lien Credit Agreement.

  • Secured Swap Agreement means a Swap Agreement between (x) any Loan Party and (y) a Secured Swap Provider.