Hedging Requirement definition

Hedging Requirement has the meaning given to such term in Section 3.16(b).

Hedging Requirement. This term shall have the meaning set forth in Section 628(a) of the Indenture. Holder: This term shall have the same meaning as Noteholder.

Hedging Requirement means, on any date of determination, the acquisition by the Borrower and, at all relevant times thereafter (solely for purposes of the use of the term “Hedging Requirement” in the Facility Documents), the maintenance in full force and effect, of one or more Eligible Hedge Agreements with Eligible Hedge Counterparties and with an aggregate notional amount, on each such relevant date of determination at least equal to the Aggregate Principal Balance then outstanding on such date.

Examples of Hedging Requirement in a sentence

• If the Borrower elects to satisfy all or a portion of the Hedging Requirement through the purchase of interest rate caps, the strike rate on such interest rate caps shall not exceed an interest rate per annum equal to the higher of (i) five and one half percent (5.50%) and (ii) an interest rate per annum equal to the sum of (x) one and one quarter percent (1.25%) and (y) the duration equivalent swap rate at the date on which such interest rate cap is purchased.

• This Exhibit is attached to and made a part of the Second Amendment to Lease (the “Second Amendment”) by and between 500 BOYLSTON & 222 BERKELEY OWNER (DE) LLC, a Delaware limited liability company (“Landlord”), and RHYTHM PHARMACEUTICALS, INC., a Delaware corporation (“Tenant”), for space in the Building located at 000 Xxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxxxxxxxx 00000.

• On or prior to the date each Reserve Report (other than the Initial Reserve Report) is required to be delivered by the Borrower pursuant to Section 8.11(a) (each, a “Minimum Hedging Requirement Date”), the Borrower shall deliver evidence in form and substance satisfactory to the Administrative Agent that it has entered into Hedge Agreements to be in compliance with this Section 8.17 as of such Minimum Hedging Requirement Date.

• All of the foregoing requirements shall be collectively referred to as the "Hedging Requirement".

• If the Borrower fails to timely deliver such evidence to the Administrative Agent by the Required Hedging Date, then, effective as of the Required Hedging Date, the Borrowing Base then in effect shall be reduced automatically by an amount, as determined by the Administrative Agent, equal to the Borrowing Base value contributed by the quantities which were not hedged by the Borrower pursuant to the Incremental Hedging Requirement.

More Definitions of Hedging Requirement

Hedging Requirement means, with respect to any Distribution Date, after giving effect to relevant distributions, Receivables and Collections which, taken together with any Series 2000-1 FX Hedging Agreements then in effect, denominated in one currency are sufficient to support the Aggregate Target Receivables Amount in the same currency on such Distribution Date.

Hedging Requirement. This term shall have the meaning set forth in Section 628(a) of this Agreement. “Incentive Arrangements”: With respect to any Person, any (a) earn-out agreements, (b) stock appreciation rights, (c) “phantom” stock plans, (d) employment agreements, (e) non- competition agreements and (f) incentive and bonus plans entered into by such Person for the benefit of, and in order to retain, executives, officers or employees of Persons or businesses. “Increase Effective Date”: The meaning specified in Section 301(l)(5). “Increased Costs”: Any fee, expense or increased cost actually charged to or incurred by an Indemnified Party for which such Indemnified Party is entitled to compensation pursuant to the provisions hereof. “Indebtedness”: With respect to any Person without duplication, means (i) all indebtedness (including principal, interest, fees and charges) of such Person for borrowed money, (ii) all obligations of such Person in respect of letters of credit, bankers’ acceptances, and bank guaranties issued for the account of such Person, (iii) all indebtedness of the types described in clause (i), (ii), (iv), (v) or (vi) of this definition secured by any Lien on any property owned by such Person, whether or not such indebtedness has been assumed by such Person (provided that, if the Person has not assumed or otherwise become liable in respect of such indebtedness, such indebtedness shall be deemed to be in an amount equal to the lesser of (A) the outstanding amount of such Indebtedness and (B) the fair market value of the property to which such Lien relates as determined in good faith by such Person), (iv) the aggregate amount of all capitalized lease obligations of such Person, (v) all Contingent Obligations of such Person and (vi) all obligations of such Person issued or assumed as the deferred purchase price of property or services, all conditional sale obligations and all obligations under any title retention agreement (but excluding trade accounts payable and other accrued liabilities arising in the ordinary course of business that are either (x) not overdue by 90 days or more or (y) being contested in good faith by appropriate proceedings promptly instituted and diligently conducted). For the avoidance of doubt, the term Indebtedness shall not

Hedging Requirement. Not less than 75% of the XXXX'x consolidated indebtedness and any other borrowed indebtedness allocable to the Westfield Acquisition Vehicle shall be either: (i) fixed rate obligations or (ii) subject to interest rate hedging arrangements.

Hedging Requirement. This term shall have the meaning set forth in Section 629 of the Indenture. Holder: See Noteholder.

Hedging Requirement. This term shall have the meaning set forth in Section 628 of the Indenture.

Hedging Requirement means the requirement that the Borrower shall hedge, in the aggregate, interest rate risk in respect of not less than 85% and not more than 110%, of then outstanding principal amount of Loans attributable to fixed rate Leases and fixed rate Loan Assets, excluding, at the election of the Borrower, any Lease or Loan Asset for which, as of the relevant date of determination the Drawdown Date for the related Loan was fewer than 30 days prior, or which was disposed or otherwise released (or for which the related Loan was prepaid) fewer than 30 days prior. Any hedge of interest rate risk related to a Loan with an Interest Rate based on SOFR (including Term SOFR, Xxxx Simple SOFR, or any other SOFR-based benchmark rate) may reference, or be settled by reference to, any SOFR-based rate regardless of whether such rate is the same SOFR-based rate as the Interest Rate. - 26 - “Hedging Requirement Test Date” has the meaning given to such term in Section 6.07. “Indebtedness” of any Person means, without duplication: (a) all obligations of such Person for borrowed money or with respect to deposits (excluding Segregated Funds) or advances of any kind; (b) all obligations of such Person evidenced by bonds, debentures, notes or similar instruments; (c) all obligations of such Person upon which interest charges are customarily paid (excluding interest charges on any Security Deposits or maintenance reserves required to be paid under any Asset Lease or Loan Asset and excluding accounts payable incurred in the ordinary course of business with a term of not more than 120 days); (d) all obligations of such Person under conditional sale or other title retention agreements relating to property acquired by such Person, excluding those incurred in the ordinary course of business with a term of not more than 120 days; (e) all obligations of such Person in respect of the deferred purchase price of property or services (excluding accounts payable incurred in the ordinary course of business with a term of not more than 120 days); (f) all indebtedness of any of the types mentioned in any other paragraph of this definition of others secured by (or for which the holder of such Indebtedness has an existing right, contingent or otherwise, to be secured by) any Lien on property owned or acquired by such Person, whether or not such indebtedness secured thereby has been assumed; (g) all Guarantees by such Person of Indebtedness of others; (h) all Capital Lease Obligations of such Person; (i) a...

Hedging Requirement. This term is defined in Section 630(a) of this Indenture. Holder: See Noteholder.