Guaranteed Swap Agreement means any Swap Contract permitted under this Agreement between any Loan Party and any Swap Bank; provided that for any of the foregoing to be included as a "Guaranteed Swap Agreement" on any date of determination by the Administrative Agent, the applicable Swap Bank (other than the Administrative Agent or an Affiliate of the Administrative Agent) must have delivered a Guaranteed Party Designation Notice to the Administrative Agent prior to such date of determination.
Guaranteed Swap Agreement means any Swap Agreement between the Borrower or any of its Subsidiaries and any Lender or any Affiliate of any Lender while such Person (or, in the case of an Affiliate of a Lender, the Person affiliated therewith) is a Lender regardless of when such Swap Agreement was entered into. For the avoidance of doubt, a Swap Agreement ceases to be a Guaranteed Swap Agreement if the Person that is the counterparty to the Borrower or one of its Subsidiaries under a Swap Agreement ceases to be a Lender under the Credit Agreement (or, in the case of an Affiliate of a Lender, the Person affiliated therewith ceases to be a Lender under the Credit Agreement).
Guaranteed Swap Agreement means any Swap Agreement between the Borrower, the Parent Guarantor, or any Restricted Subsidiary on one hand and any Lender or any Affiliate of any Lender on the other hand, entered into while such Person (or, in the case of an Affiliate of a Lender, the Person affiliated therewith) is a Lender, including any Swap Agreement between such Persons in existence prior to the date hereof. For the avoidance of doubt, a Swap Agreement shall continue to be a Guaranteed Swap Agreement if the Person that is the counterparty to the Parent Guarantor, the Borrower or a Restricted Subsidiary under a Swap Agreement ceases to be a Lender under the Credit Agreement (or, in the case of an Affiliate of a Lender, the Person affiliated therewith ceases to be a Lender under the Credit Agreement).
Examples of Guaranteed Swap Agreement in a sentence
This situation of insolvency is also likely to affect the performance of the Swap Counterparty’s obligations under the Balance Guaranteed Swap Agreement.
In the event that any relevant party fails to perform its obligations under the respective agreement to which it is a party, the Noteholders may be adversely affected, particularly if the circumstances prevailing at the time of termination of the Balance Guaranteed Swap Agreement are such that the Swap Counterparty owes a substantial termination payment to the Issuer.
The Balance Guaranteed Swap Agreement contains certain limited termination events and events of default which will entitle either party to terminate the Swap Transaction.
More Definitions of Guaranteed Swap Agreement
Guaranteed Swap Agreement means any Swap Agreement giving rise to Swap Obligations.
Guaranteed Swap Agreement means any Swap Agreement that (i) was in effect on the Closing Date with a counterparty that is a Lender, the Collateral Agent or the Administrative Agent or an Affiliate of a Lender, the Collateral Agent or the Administrative Agent as of the Closing Date or (ii) is or was entered into after the Closing Date with any counterparty that is a Lender, the Collateral Agent or the Administrative Agent or an Affiliate of a Lender, the Collateral Agent or the Administrative Agent at the time such Swap Agreement is entered into.
Guaranteed Swap Agreement means any Swap Agreement between the Borrower or any of its Subsidiaries and any Lender or any Affiliate of any Lender while such Person (or, in the case of an Affiliate of a Lender, the Person affiliated therewith) is a Lender. For the avoidance of doubt, a Swap Agreement ceases to be a Guaranteed Swap Agreement if the Person that is the counterparty to the Borrower or one of its Subsidiaries under a Swap Agreement ceases to be a Lender under the Credit Agreement (or, in the case of an Affiliate of a Lender, the Person affiliated therewith ceases to be a Lender under the Credit Agreement).
Guaranteed Swap Agreement means any Swap Agreement between the Parent Guarantor, a Borrower or any Subsidiary and any Lender or any Affiliate of any Lender while such Person (or, in the case of an Affiliate of a Lender, the Person affiliated therewith) is a Lender, including any Swap Agreement between such Persons in existence prior to the date hereof. For the avoidance of doubt, a Swap Agreement ceases to be a Guaranteed Swap Agreement if the Person that is the counterparty to the Parent Guarantor, a Borrower or a Subsidiary under a Swap Agreement ceases to be a Lender under the Credit Agreement (or, in the case of an Affiliate of a Lender, the Person affiliated therewith ceases to be a Lender under the Credit Agreement).
Guaranteed Swap Agreement means any Swap Agreement that is entered into by and between any Loan Party or any Included Subsidiary and any Swap Bank with respect to such Swap Agreement. For the avoidance of doubt, a holder of Obligations in respect of Guaranteed Swap Agreements shall be subject to the last paragraph of Section 6.2 and Section 7.11. “Guarantees” means, for any Person, all guarantees, endorsements (other than for collection or deposit in the ordinary course of business) and other contingent obligations of such Person to purchase, to provide funds for payment, to supply funds to invest in any other Person or otherwise to assure a creditor of another Person against loss. Guarantees shall not include (a) rent deposit guarantees or cash collateralized lease deposits to the extent that all of the foregoing do not exceed $35,000,000 in the aggregate and (b) any L/C Obligations. The amount of any Guarantee shall be deemed to be an amount equal to the stated or determinable amount of the related primary obligation, or portion thereof, in respect of which such Guarantee is made or, if not stated or determinable, the maximum reasonably anticipated liability in respect thereof as determined by the guaranteeing Person in good faith. “Guarantors” means (a) UL, (b) with respect to (i) Obligations under any Guaranteed Swap Agreement and (ii) Obligations under any Guaranteed Banking Services Agreement, the Borrower, and (c) “Guarantor” means any of them. “Guaranty” means the guaranty substantially in the form of Exhibit E issued by the Guarantors. “Hazardous Materials” means all explosive or radioactive substances or wastes and all hazardous or toxic substances, wastes or other pollutants, including petroleum or petroleum distillates, asbestos or asbestos containing materials, polychlorinated biphenyls, radon gas, infectious or medical wastes and all other substances or wastes of any nature regulated pursuant to any Environmental Law. “Immaterial Subsidiary” means any Subsidiary of the Borrower (other than UL) with (a) assets not in excess of 2.5% of Consolidated Total Assets as of the last day of the most recently completed fiscal quarter or (b) revenues not in excess of 2.5% of the consolidated total revenues of the Borrower and its
Guaranteed Swap Agreement means any Swap Contract permitted under Section 8.03 between any Loan Party and any Swap Bank; provided that for any of the foregoing to be included as a “Guaranteed Swap Agreement” on any date of determination by the Administrative Agent, the applicable Swap Bank (other than the Administrative Agent or an Affiliate of the Administrative Agent) must have delivered a Guaranteed Party Designation Notice to the Administrative Agent prior to such date of determination. “Guaranteed Treasury Management Agreement” means any Treasury Management Agreement between any Loan Party and any Treasury Management Bank; provided, however, that for any of the foregoing to be included as a “Guaranteed Treasury Management Agreement” on any date of determination by the Administrative Agent, the applicable Treasury Management Bank (other than the
Guaranteed Swap Agreement means any Swap Contract that is entered into by and between any Loan Party or any Domestic Subsidiary (other than any Fund Entity) and any Swap Bank with respect to such Swap Contract. For the avoidance of doubt, a holder of Obligations in respect of Guaranteed Swap Agreements shall be subject to the last paragraph of Section 9.03 and Section 10.10. “Guaranteed Treasury Management Agreement” means any Treasury Management Agreement that is entered into by and between any Loan Party or any Domestic Subsidiary (other than any Fund Entity) and any Treasury Management Bank with respect to such Treasury Management Agreement. For the avoidance of doubt, a holder of Obligations in respect of Guaranteed Treasury Management Agreements shall be subject to the last paragraph of Section 9.03 and Section 10.10. “Guarantor” means, with respect to (a) Obligations under any Swap Contract between any Loan Party or any Domestic Subsidiary (other than any Fund Entity) and any Swap Bank, (b) Obligations under any Treasury Management Agreement between any Loan Party or any Domestic Subsidiary (other than any Fund Entity) and any Treasury Management Bank, (c) any Swap Obligation of a Specified Loan Party (determined before giving effect to Sections 4.01 and 4.07) under the Guaranty, and (d) Obligations of the Foreign Borrowers, the Company (and the successors and permitted assigns of the Company). “Guaranty” means the Guaranty made by the Guarantor in favor of the Administrative Agent and the Lenders pursuant to Article IV hereof. “Hazardous Materials” means any hazardous waste, as defined by 42 U.S.C. §6903(5), any hazardous substances, as defined by 42 U.S.C. §9601(14), any pollutant or contaminant, as defined by 42 U.S.C. §9601(33), and any toxic substances, oil or hazardous materials or other chemicals or substances regulated by any Environmental Laws. “Honor Date” has the meaning set forth in Section 2.03(c). “IFRS” has the meaning set forth in the definition of GAAP. “Immaterial Subsidiary” means, at any time, any Subsidiary of the Company then having assets with a book value of less than $10,000,000; provided, that if the aggregate book value of the assets of all Subsidiaries of the Company that would otherwise constitute Immaterial Subsidiaries shall exceed $50,000,000, only those such Subsidiaries having assets with a book value of less than $5,000,000 shall be deemed to constitute Immaterial Subsidiaries. “Incremental Cap” means, as of any date of determination, the su...