Hedge Party definition

Hedge Party means any Lender or any Affiliate of any Lender in its capacity as a counterparty to any Hedge Agreement with the Borrower or any Subsidiary, which Hedge Agreement is required or permitted under this Agreement to be entered into by the Borrower, or any former Lender or any Affiliate of any former Lender in its capacity as a counterparty to any such Hedge Agreement entered into prior to the date such Person or its Affiliate ceased to be a Lender.

Hedge Party means each Person that is a Lender or an Affiliate of a Lender at the time it enters into a Secured Hedging Agreement, in its capacity as a party thereto.

Hedge Party means any Person that is a counterparty to a Hedge Agreement with a Loan Party.

Examples of Hedge Party in a sentence

• The Administrative Agent and the Lenders agree that upon execution and delivery of a Hedging Agreement by a Hedge Party, such Hedge Party shall possess a pari passu Lien in the collateral provided in the Security Documents and the cash proceeds therefrom as security for the obligations of the Borrowers under such Hedging Agreement.

• The provisions of this Section shall survive the execution and delivery of this Agreement, the repayment of any of the Secured Obligations, the termination of the Commitments and the termination or expiration of all Letters of Credit under the Credit Agreement, the termination of this Agreement or any other Credit Document, and the termination of, and settlement of the Borrower’s obligations under, any Permitted Hedge Agreement to which any Hedge Party is a party.

• For purposes of this Agreement, “Termination Requirements” means (x) the payment in full in cash of the Secured Obligations (other than contingent and indemnification obligations not then due and payable), (y) the termination of the Commitments and the termination or expiration of all Letters of Credit under the Credit Agreement, and (z) the termination of, and settlement of all obligations of the Borrower under, each Permitted Hedge Agreement to which any Hedge Party is a party.

• Without limiting the foregoing, no payment by the Borrowers under this Agreement, including without limitation any voluntary or mandatory prepayment of the Loans, shall affect the Borrowers’ obligation to continue making payments under any Hedge Agreement with any Hedge Party, which shall remain in full force and effect notwithstanding such prepayment, subject to the terms of such Hedge Agreement.

• Within sixty (60) days following the Closing Date, the Borrowers shall obtain and, at all times thereafter until the third anniversary of the Closing Date, the Borrowers shall cause to be maintained protection against fluctuations in interest rates pursuant to one or more Hedge Agreements in form and substance, and with a Hedge Party, satisfactory to the Administrative Agent, in order to ensure that no less than fifty percent (50%) of the Term Loan is subject to such Hedge Agreements.

• For purposes of applying amounts in accordance with this Section, the Administrative Agent shall be entitled to rely upon any Hedge Party that has entered into a Hedge Agreement with any Borrower for a determination (which such Hedge Party agrees to provide or cause to be provided upon request of the Administrative Agent) of the outstanding Obligations owed to such Hedge Party under any such Hedge Agreement.

• Unless it has actual knowledge (including by way of written notice from any such Hedge Party) to the contrary, the Administrative Agent, in acting hereunder, shall be entitled to assume that no Hedge Agreements or Obligations in respect thereof are in existence between any Hedge Party and any Borrower.

• In order to determine the Final Price for any Terminated Obligation then held by the Hedge Party as a hedge for the related Transaction, Counterparty may arrange for the sale of such Terminated Obligation by giving notice of such sale to Barclays.

• Except as provided in Section 12.02(b), no Secured Hedge Party or Secured Cash Management Provider shall have any voting rights under any Loan Document as a result of the existence of any Secured Hedge Obligation or Secured Cash Management Obligation owed to it.

• At all times during the term of the Loan, the Affiliated Hedge Party shall maintain in effect an Interest Rate Protection Agreement, with a notional amount equal to not less than the Facility Amount and with Bank of America N.A. (so long as it maintains a Minimum Counterparty Rating) or another Counterparty acceptable to Lender having a Minimum Counterparty Rating.

More Definitions of Hedge Party

Hedge Party means any Person that (a) at the time it enters into a Hedge Agreement with a Loan Party, is a Lender, an Affiliate of a Lender, the Administrative Agent or an Affiliate of the Administrative Agent or (b) at the time it (or its Affiliate) becomes a Lender (including on the Closing Date), is a party to a Hedge Agreement with a Loan Party, in each case in its capacity as a party to such Hedge Agreement.

Hedge Party means Borrower.

Hedge Party has the meaning set forth in Section 6.21.

Hedge Party means an entity with which Company has an active hedge execution agreement in place and who has executed a separate agreement with AEGIS governing the disclosure of such information. Company may revoke its consent to such data sharing with respect to any or all Hedge Parties by providing at least 30 days’ prior written notice AEGIS. AEGIS will provide such access to Hedge Parties at no cost to the Company for the term of the Agreement. Company represents and warrants that the disclosure of such information to Hedge Parties will not violate any law, rule, regulation or agreement. Initial to agree: