Lender Affiliate Hedge Counterparty definition

Lender Affiliate Hedge Counterparty means any Lender or any Affiliate of any Lender that is a Qualifying Hedge Counterparty and party to a Hedge Agreement with the Borrower; provided that, if a Person ceases to be a Lender or an Affiliate of a Lender, but remains a Qualifying Hedge Counterparty and a party to one or more Hedge Agreements with the Borrower that were entered into prior to such cessation, such Person shall nonetheless remain a Lender Affiliate Hedge Counterparty and a Secured Party, but only with respect to such Hedge Agreements and transactions thereunder that were entered into during or prior to the time such Person ceased to be a Lender or an Affiliate of a Lender.
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Lender Affiliate Hedge Counterparty means any Lender or any Affiliate of any Lender that is a Qualifying Hedge Counterparty and party to a Hedge Agreement with the Borrower; provided that, if a Person ceases to be a Lender or an Affiliate of a Lender, but remains a Qualifying Hedge Counterparty and a party to one or more Hedge Agreements with the Borrower that were entered into prior to such cessation, such Person shall nonetheless remain 109090915.7 -38- [***] = Certain information has been excluded from this exhibit because it is both not material and would likely cause harm to the company if publicly disclosed. a Lender Affiliate Hedge Counterparty and a Secured Party, but only with respect to such Hedge Agreements and transactions thereunder that were entered into during or prior to the time such Person ceased to be a Lender or an Affiliate of a Lender.
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Related to Lender Affiliate Hedge Counterparty

  • Hedge Counterparty means a Lender, the Administrative Agent or any of the Lender’s or the Administrative Agent’s affiliates (at the time a hedging agreement is entered into) who has entered into a hedging agreement for the purpose of hedging interest rate liabilities and/or any exchange rate and/or commodity price risks provided it has become a party, or by execution of an additional bank secured party acknowledgment has agreed to be bound by the terms of, to the First Lien Intercreditor Agreement in its capacity as hedge counterparty.

  • Lender Affiliate means, (a) with respect to any Lender, (i) an Affiliate of such Lender or (ii) any entity (whether a corporation, partnership, trust or otherwise) that is engaged in making, purchasing, holding or otherwise investing in bank loans and similar extensions of credit in the ordinary course of its business and is administered or managed by a Lender or an Affiliate of such Lender and (b) with respect to any Lender that is a fund which invests in bank loans and similar extensions of credit, any other fund that invests in bank loans and similar extensions of credit and is managed by the same investment advisor as such Lender or by an Affiliate of such investment advisor.

  • Lender-Related Hedge Provider means any Person that, at the time it enters into a Hedging Transaction with any Loan Party, (i) is a Lender or an Affiliate of a Lender and (ii) except when the Lender-Related Hedge Provider is SunTrust Bank or any of its Affiliates, has provided prior written notice to the Administrative Agent which has been acknowledged by the Borrower of (x) the existence of such Hedging Transaction and (y) the methodology to be used by such parties in determining the obligations under such Hedging Transaction from time to time. In no event shall any Lender-Related Hedge Provider acting in such capacity be deemed a Lender for purposes hereof to the extent of and as to Hedging Obligations except that each reference to the term “Lender” in Article IX and Section 10.3(b) shall be deemed to include such Lender-Related Hedge Provider. In no event shall the approval of any such Person in its capacity as Lender-Related Hedge Provider be required in connection with the release or termination of any security interest or Lien of the Administrative Agent.

  • Acceptable Counterparty means any counterparty to the Interest Rate Cap Agreement that has and shall maintain, until the expiration of the applicable Interest Rate Cap Agreement, a long-term unsecured debt rating of at least “A+” by S&P and “Aa3” from Xxxxx’x, which rating shall not include a “t” or otherwise reflect a termination risk and is otherwise reasonably acceptable to Lender.

  • Secured Hedge Agreement means any Swap Contract that is entered into by and between any Loan Party and any Hedge Bank.

  • Hedging Agreement means any interest rate protection agreement, foreign currency exchange agreement, commodity price protection agreement or other interest or currency exchange rate or commodity price hedging arrangement.