Qualified Counterparties definition
Examples of Qualified Counterparties in a sentence
The Borrower further agrees that the Administrative Agent may make the Communications available to the Lenders and the Qualified Counterparties by posting the Communications on IntraLinks, Syndtrak, ClearPar, or a substantially similar electronic transmission system (the “Platform”).
The obligations of the Lenders to extend such credit, the obligation of the Qualified Counterparties to enter into and/or maintain such Specified Hedge Agreements and the obligation of the Cash Management Banks to enter into and/or maintain such Cash Management Services are, in each case, conditioned upon, among other things, the execution and delivery of this Agreement by each Grantor (as defined below).
The Lenders and the Qualified Counterparties hereby authorize the Administrative Agent to enter into any Intercreditor Agreement or other intercreditor agreement or arrangement (including any subordination agreement or arrangement) permitted under this Agreement, and any amendment, modification, supplement or joinder with respect thereto, and the Lenders and the Qualified Counterparties acknowledge that any such intercreditor agreement is binding upon the Lenders and Qualified Counterparties.
The Borrower further agrees that the Administrative Agent may make the Communications available to the Lenders and the Qualified Counterparties by posting the Communications on Intralinks or a substantially similar secure electronic transmission system (the “Platform”).
The Grantors are entering into this Agreement in order to induce the Lenders to enter into and extend credit and issue letters of credit to the Borrowers under the Credit Agreement and to induce the Qualified Counterparties and Qualified Cash Management Banks to enter into Financial Hedging Agreements, Commodity OTC Agreements and Cash Management Agreements.
In order to induce the Secured Parties to enter into the Credit Agreement and make Loans, or issue Letters of Credit thereunder, and to induce the Qualified Counterparties to enter into Rate Protection Agreements and the Cash Management Banks to provide any Cash Management Obligations, the Grantors represent and warrant to each Secured Party as set forth below.
Any balance of such Proceeds remaining after the Secured Obligations (other than Unasserted Contingent Obligations) have been paid in full (except as otherwise agreed by the affected Qualified Counterparties pursuant to the applicable Specified Hedge Agreements) any Specified Hedge Agreements have been cash collateralized or paid in full and all Commitments to extend credit under the Loan Documents have terminated, shall be paid over to the Borrower.
Sixth, to the payment of Obligations arising under any Specified Swap Agreement, ratably among the Qualified Counterparties and under any Cash Management Services, ratably among the Cash Management Banks, in proportion to the respective amounts described in this clause Sixth held by them; and Last, the balance, if any, after all of the Obligations have been indefeasibly paid in full, to the Borrower or as otherwise required by Law.
The Loan parties authorize the Agent to provide to Qualified Counterparties all information related to the Collateral that the Agent is required or permitted to provide to the Lenders.
Beneficiary has been appointed to act as Beneficiary hereunder by Lenders and, by their acceptance of the benefits hereof, the Qualified Counterparties.