Permitted Risk Management Agreement definition

Permitted Risk Management Agreement means (a) an Existing Risk Management Agreement or (b) a Risk Management Agreement entered into by an Obligor with any Person that has not been entered into for speculative purposes nor on a margined basis and would not result, at the time of the transaction effected pursuant thereto, to more than 65% of the consolidated projected future gold, silver or copper production of the Borrower for any Fiscal Year being hedged (such 65% excluding, however, the hedging of quotational period pricing choices by customers of the Companies).
Permitted Risk Management Agreement means (a) a Secured Risk Management Agreement or (b) an unsecured Risk Management Agreement entered into by an Obligor with any Person, in each case (i) that has not been entered into for speculative purposes nor on a margined basis, (ii) that would not result, at the time of the transaction effected pursuant thereto, in more than 50% of the most recent Mine Plan’s consolidated projected gold production being hedged during the term of the relevant Risk Management Agreement (such 50% excluding, however, the hedging of quotational period pricing choices by customers of the Obligors), (iii) which does not constitute a Restricted Forward Sale Transaction and (iv) which requires settlement at the original maturity date thereof.
Permitted Risk Management Agreement means (a) an Existing Risk Management Agreement or (b) a Risk Management Agreement entered into by an Obligor with any Person that has not been entered into for speculative purposes nor on a margined basis and would not result, at the time of the transaction effected pursuant thereto, to more than 65% of the consolidated projected future gold, silver or copper production of the Parent for any Fiscal Year being hedged

Examples of Permitted Risk Management Agreement in a sentence

  • The Borrowers shall not, and shall not suffer or permit any other Obligor to, enter into any Risk Management Agreement other than a Permitted Risk Management Agreement.

  • The Borrower shall not, and shall not suffer or permit any other Obligor to, enter into any Risk Management Agreement other than a Permitted Risk Management Agreement.

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  • Notwithstanding any other provision of this Agreement to the contrary, the Administrative Agent shall not be required to verify the payment of, or that other satisfactory arrangements have been made with respect to Exposure under any Permitted Risk Management Agreement or Cash Management Agreement unless the Administrative Agent has received written notice of such Exposure, together with such supporting documentation as the Administrative Agent may request, from the applicable Finance Party.

  • No Borrower shall, and it shall not suffer or permit any other Obligor to, enter into any Risk Management Agreement other than a Permitted Risk Management Agreement.

  • The Borrower shall not, and shall not suffer or permit any other Company to create, incur, assume or suffer to exist or otherwise become or be liable in respect of any Risk Management Obligations other than pursuant to any Permitted Risk Management Agreement or any guarantee thereof.

  • Subject to the following sentence, the Borrower shall not, and shall not suffer or permit any other Company to create, incur, assume or suffer to exist or otherwise become or be liable in respect of any Risk Management Obligations other than Risk Management Obligations incurred by any Company pursuant to any Permitted Risk Management Agreement.

  • The Borrower shall not, and shall not suffer or permit any other Company to create, incur, assume or suffer to exist or otherwise become or be liable in respect of any Risk Management Obligations other than pursuant to any Permitted Risk Management Agreement.

  • The Borrower shall not, and shall not suffer or permit any other Subject Entity to, enter into any Risk Management Agreement other than a Permitted Risk Management Agreement.


More Definitions of Permitted Risk Management Agreement

Permitted Risk Management Agreement means (a) a Risk Management Agreement entered into by a Company that is (x) in compliance with the hedging policy most recently approved by the board of directors of the Borrower, and (y) has not been entered into for speculative purposes or (b) a Permitted Acquisition Risk Management Agreement.
Permitted Risk Management Agreement means (a) a Secured Risk Management Agreement or (b) a Risk Management Agreement entered into by an Obligor with any Person, in each case (i) that has not been entered into for speculative purposes nor on a margined basis, (ii) which does not constitute a Restricted Forward Sale Transaction, (iii) which requires settlement or delivery at the original maturity date thereof and (iv) which would not result, at the time of the transaction effected pursuant thereto, in more than 80% of the forecast production of the Borrower for a particular metal on a consolidated basis being hedged in any Fiscal Year.
Permitted Risk Management Agreement means (a) an Existing Risk Management Agreement or (b) a Risk Management Agreement entered into by a Yamana Group Company with a Finance Party, Standard Bank PLC, Mitsui & Co. Precious Metals Inc. or a Person other than a Finance Party which is rated BBB- or better by S&P (or the equivalent or better rating by Xxxxx’x or other comparable rating agency) and that is, in the case of each of clauses (a) and (b) (x) in compliance with the Approved Hedging Policy and (y), in the case of Risk Management Agreements entered into by the Obligors, the Risk Management Agreement does not contemplate the delivery of margin, security or collateral at any time by any Obligor to a counterparty and does not contain any provision giving such a counterparty the right to convert, or require the conversion of, any Risk Management Agreement into a Risk Management Agreement which contemplates the delivery of margin payments.
Permitted Risk Management Agreement means, as to any person, any present or future swap, hedging, foreign exchange or other derivative transaction entered into by such person which constitutes any silver, gold or other commodity hedging transaction, spot or forward foreign exchange transaction, interest rate swap transaction, currency swap transaction, forward rate transaction, rate cap transaction, rate floor transaction, rate collar transaction, and any other exchange or rate protection transaction, any combination of such transactions or any option with respect to any such transaction entered into by such person, in each case that has not been entered into for speculative purposes nor on a margined basis.
Permitted Risk Management Agreement means (a) an Existing Risk Management Agreement or (b) a Risk Management Agreement entered into by a Company with a Finance Party, Mitsui & Co. Precious Metals Inc. or a Person other than a Finance Party who (or whose credit support provider) is rated BBB- or better by S&P (or the equivalent or better rating by Xxxxx’x or other comparable rating agency) and that is, in the case of each of clauses (a) and (b) (x) in compliance with the Approved Hedging Policy, has not been entered into for speculative purposes and would not result, at the time of the transaction effected pursuant thereto, to more than 75% of the consolidated projected future copper production of the Borrower for any Fiscal Year being hedged and (y), in the case of Risk Management Agreements entered into by the Obligors, the Risk Management Agreement does not contemplate the delivery of margin, security or collateral at any time by any Obligor to a counterparty and does not contain any provision giving such a counterparty the right to convert, or require the conversion of, any Risk Management Agreement into a Risk Management Agreement which contemplates the delivery of margin payments.

Related to Permitted Risk Management Agreement

  • Credit Risk Management Agreement The respective agreements between the Credit Risk Manager and the Servicer and/or Master Servicer regarding the loss mitigation and advisory services to be provided by the Credit Risk Manager.

  • Property Management Agreement means that certain management agreement between the Company and the Property Manager with respect to the management of the Property.

  • Management Services Agreements means, collectively, (i) the Management Services Agreement, dated as of August 4, 2020, by and between Peabody Investments Corp. and each of the Client Companies listed on the signature page thereto and (ii) the Management Services Agreement, dated as August 4, 2020, by and between Peabody Energy Australia Pty Ltd and each of the Client Companies listed on the signature page thereto, in each case, as amended, modified or replaced from time to time so long as the amended, modified or new arrangements, taken as a whole at the time such arrangements are entered into, are not materially less favorable to the Main Issuer and its Subsidiaries than those in effect on the Issue Date.

  • Management Services Agreement has the meaning set forth in Section 2.1(d).

  • Management Agreement means the agreement of the Directors in the form attached hereto as Schedule C. The Management Agreement shall be deemed incorporated into, and a part of, this Agreement.

  • Collateral Management Agreement The agreement dated as of the Closing Date, between the Issuer and the Collateral Manager relating to the management of the Collateral Obligations and the other Assets by the Collateral Manager on behalf of the Issuer, as amended from time to time in accordance with the terms thereof.

  • Construction Management Agreement means the Construction Management Agreement, dated as of the date of the Common Agreement, between Construction Manager and the Project Company.

  • Credit Risk Management Fee The amount payable to the Credit Risk Manager on each Distribution Date as compensation for all services rendered by it in the exercise and performance of any and all powers and duties of the Credit Risk Manager under the Credit Risk Management Agreements, which amount shall equal one twelfth of the product of (i) the Credit Risk Management Fee Rate multiplied by (ii) the Stated Principal Balance of the Mortgage Loans and any related REO Properties as of the first day of the related Due Period.

  • Management Agreements shall have the meaning provided in Section 5.05.

  • risk management plan ’ means a risk management plan submitted to the Ad- ministrator by an owner or operator of a stationary source under subparagraph (B)(iii).

  • Hotel Management Agreement means any hotel management agreement relating to the management and operation of the Real Property together with all supplements, amendments and modifications thereto.

  • Construction management contract means a contract in which a party is retained by the owner to

  • Rate Management Agreement means any agreement, device or arrangement providing for payments which are related to fluctuations of interest rates, exchange rates, forward rates, or equity prices, 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, and any agreement pertaining to equity derivative transactions (e.g., equity or equity index swaps, options, caps, floors, collars and forwards), including without limitation any ISDA Master Agreement between Borrower and Lender or any affiliate of Fifth Third Bancorp, and any schedules, confirmations and documents and other confirming evidence between the parties confirming transactions thereunder, all whether now existing or hereafter arising, and in each case as amended, modified or supplemented from time to time.

  • Existing Management Agreement means that certain management agreement between the Seller and the Existing Manager for the operation and management of the Hotel.

  • risk management means coordinated activities to direct and control an organization with regard to risk.

  • Construction Services Agreement (CSA) means the Construction Services Agreement, together with any duly authorized and executed amendments hereto.

  • Management Contract means the contract executed between the treasurer and a program manager.

  • Asset Management Agreement means, as the context requires, any agreement entered into between a Series and an Asset Manager pursuant to which such Asset Manager is appointed as manager of the relevant Series Assets, as amended from time to time.

  • Replacement Management Agreement means, collectively, (a) either (i) a management agreement with a Qualified Manager substantially in the same form and substance as the Management Agreement, or (ii) a management agreement with a Qualified Manager, which management agreement shall be reasonably acceptable to Lender in form and substance, provided, with respect to this subclause (ii), Lender, at its option, may require that Borrower shall have obtained prior written confirmation from the applicable Rating Agencies that such management agreement will not cause a downgrade, withdrawal or qualification of the then current rating of the Securities or any class thereof and (b) an assignment of management agreement and subordination of management fees substantially in the form then used by Lender (or of such other form and substance reasonably acceptable to Lender), executed and delivered to Lender by Borrower and such Qualified Manager at Borrower’s expense.

  • Management Arrangements means the arrangements for the strategic management of the relationship between the Authority and the Contractor, including arrangements for monitoring of the Contractor’s compliance with the Specification, the Service Levels, the Award Procedures and the terms of this Framework Agreement, set out in Schedule 4.

  • Master Services Agreement means that master services agreement among the Limited Partnership, the Company, Teekay Corporation and Brookfield XX XXXX L.P. dated as of the date hereof.

  • New Management Agreement means the management agreement to be entered into between Buyer and the Manager for the operation and management of the Hotel on and after the Closing Date.

  • Risk Management Fee means a value expressed in percentage per year, which forms the risk premium for the Issuer. The Initial Risk Management Fee for the First Trade Date is specified in § 1 of the Product and Underlying Data. The Calculation Agent adjusts the Risk Management Fee on each Adjustment Date acting in accordance with relevant market practice and in good faith to the current market circumstances so that the ratio of the Risk Management Fee to the relevant market parameters (especially volatility of the Underlying, liquidity of the Underlying, hedging costs and lending costs (if any)) remains substantially unchanged. The adjusted Risk Management Fee is valid during the period of the respective Adjustment Date (excluding) to the immediately following Adjustment Date (including). The Calculation Agent shall after its specification notify the valid Risk Management Fee in each case pursuant to § 6 of the General Conditions.

  • Project Management Agreement means the agreement dated the 20th February 1985 made between the Trustee and the Manager providing for the Manager to manage and co-ordinate the development and construction of the Resort and includes, if that agreement is terminated, any other agreement in like and similar terms made with the prior consent of the Minister;

  • Sponsor Management Agreement means the Management Agreement between certain of the management companies associated with the Sponsors and the Borrower.

  • Investment Management Agreement means the Investment Management Agreement, dated as of the date hereof, by and between the Investment Manager and the Borrower.