Qualifying Counterparty means, with respect to any Hedging Liability, any party that was a Lender or an Affiliate of a Lender under this Agreement at the time the hedging arrangement giving rise to such Hedging Liability was entered into.
Qualifying Counterparty means a counterparty which is beneficially entitled to any amount payable in respect of this Agreement and is:
Qualifying Counterparty means an entity listed in Schedule 2.4(b), which schedule may be modified or amended by mutual consent of the Company and HL from time to time up to the Closing.
Examples of Qualifying Counterparty in a sentence
In these latest projects as many as 30 carpenters and 20 car mechanics will become trained in their professions by validating their non-formal and informal learning.
The benefits of the Security Documents and of the provisions of the Loan Documents relating to the Collateral shall also extend to and be available on a pro rata basis to each Qualifying Counterparty in respect to all Obligations with respect to the related Qualifying Derivative Contract.
More Definitions of Qualifying Counterparty
Qualifying Counterparty means a Person that (i) has (or is an Affiliate of a Person that has) at least three (3) years’ experience engineering, procuring, constructing, operating and maintaining large-scale solar photovoltaic electric generation facilities with integrated battery energy storage systems in the Gulf Coast region of the United States aggregating to at least 250 MW, (ii) has (or has a guaranty of its obligations under this Agreement from a Person having) a tangible net worth of at least $[●], and (iii) is not, and during the period commencing four (4) years prior to the date of an assignment of this Agreement to such Person has not been, involved in Action that is adverse to Entergy Corporation or any of its Affiliates that involves or involved, as the case may be, (a) the potential imposition of criminal liability on Entergy Corporation or any of its Affiliates (or its or their respective Representatives), (b) the potential imposition on Entergy Corporation or any of its Affiliates of new or additional adverse regulation, (c) claims against Entergy Corporation or any of its Affiliates (or its or their respective Representatives) for or of slander, libel, defamation, damage to reputation, or other similar legal claims, or (d) an amount in controversy exceeding One Million Dollars ($1,000,000).
Qualifying Counterparty means, with respect to a Qualifying Derivative Contract, any Person that was a First Lien Secured Party or any agent or Affiliate thereof at the time such Qualifying Derivative Contract was originally entered into.
Qualifying Counterparty means (a) any Person that either has a public corporate credit rating and corporate family rating no lower than BBB− from S&P and Baa3 from Mxxxx’x or has provided credit support acceptable to the Company in good faith in favor of the Company or the applicable Restricted Subsidiary in connection with any contract entered into with such Person, which credit support shall be comprised of either (x) a guarantee from (i) an Affiliate of such Person that has a public corporate credit rating and corporate family rating of no lower than BBB− from S&P and Baa3 from Mxxxx’x or (ii) a Person described in clause (b) below or (y) one or more surety or performance bonds or a letter or letters of credit from any domestic office of any financial institution or commercial bank that has a public corporate credit rating and corporate family rating of no lower than BBB+ from S&P and Baa1 from Mxxxx’x and (b) any other Person selected by the Company in a manner consistent with Prudent Industry Practices.
Qualifying Counterparty means a Person that (i) has (or is an Affiliate of a Person that has) at least three (3) years’ experience engineering, procuring, constructing, operating and maintaining large-scale solar photovoltaic electric generation facilities with integrated battery energy storage systems in the Gulf Coast region of the United States aggregating to at least 250 MW, (ii) has (or has a guaranty of its obligations under this Agreement from a Person having) a tangible net worth of at least $[●], and (iii) is not, and during the period commencing four (4) years prior to the date of an assignment of this Agreement to such Person has not been, involved in Action that is adverse to Entergy Corporation or any of its Affiliates that involves or involved, as the case may be, (a) the potential imposition of criminal liability on Entergy Corporation or any
Qualifying Counterparty means (a) any Person that was a Lender or an Affiliate of a Lender at the time the applicable Swap Contract or Treasury Management Agreement was entered into with any Loan Party or any Subsidiary and (b) any Lender on the Effective Date or Affiliate of such Lender that is party to a Swap Contract or Treasury Management Agreement with any Loan Party or any Subsidiary in existence on the Effective Date. “Rate Determination Date” means, with respect to any Interest Period, two (2) Business Days prior to the commencement of such Interest Period (or such other day as is generally treated as the rate fixing day by market practice in such interbank market, as determined by the Administrative Agent; provided, that, to the extent such market practice is not administratively feasible for the Administrative Agent, such other day as otherwise reasonably determined by the Administrative Agent). “Recipient” means the Administrative Agent, any Lender, the L/C Issuer or any other recipient of any payment to be made by or on account of any obligation of any Loan Party hereunder. “Refinancing Indebtedness” has the meaning specified in Section 8.01(n). “Register” has the meaning specified in Section 11.06(c). “Related Parties” means, with respect to any Person, such Person’s Affiliates and the partners, directors, officers, employees, agents, trustees, administrators, managers, advisors and representatives of such Person and of such Person’s Affiliates. “Release” means any release, spill, emission, leaking, dumping, injection, pouring, deposit, disposal, discharge, dispersal, leaching or migration into or through the environment or within, under, from or upon any building, structure, facility or fixture. “Release of Collateral Event” means any time that (a) no Default or Event of Default has occurred and is continuing and (b) the Parent Borrower simultaneously maintains the Requisite Ratings. “Released Guarantors” means each of Xxxxx Overseas and Xxxxx Middle East, LLC, a Delaware limited liability company. “Relevant Governmental Body” means the Federal Reserve Board and/or the Federal Reserve Bank of New York, or a committee officially endorsed or convened by the Federal Reserve Board and/or the Federal Reserve Bank of New York for the purpose of recommending a benchmark rate to replace LIBOR in loan agreements similar to this Agreement. “Removal Effective Date” means as provided in Section 10.06(b). 32 CHAR1\1732710v2
Qualifying Counterparty means each of the counterparties listed in the Annex or their Affiliates and any third party selected by the Counterparty in its reasonable discretion as an acceptable credit default swap counterparty for the purposes of obtaining Alternative Quotations provided that, (a) if one of the counterparties listed in the Annex ceases or has ceased to exist, or a Bankruptcy (as defined in the Credit Derivatives Definitions) occurs with respect to any such counterparty, it will be deleted from the Annex and (b) to the extent two or more of the counterparties listed in the Annex merge, the Annex shall be adjusted by the Calculation Agent accordingly, incorporating the surviving entity.
Qualifying Counterparty means a Person that (i) has (or is an Affiliate of a Person that has) at least three (3) years’ experience engineering, procuring, constructing, operating and maintaining large-scale solar photovoltaic electric generation facilities in the Gulf Coast region of the United States aggregating to at least 250 MW, (ii) has (or has a guaranty of its obligations under this Agreement from a Person having) a tangible net worth of at least $[●], and (iii) is not, and during the period commencing four (4) years prior to the date of an assignment of this Agreement to such Person has not been, involved in Action that is adverse to Entergy Corporation or any of its Affiliates that involves or involved, as the case may be, (a) the potential imposition of criminal liability on Entergy Corporation or any of its Affiliates (or its or their 19 NTD: PV Plant Availability will be calculated over a five (5) consecutive day period. respective Representatives), (b) the potential imposition on Entergy Corporation or any of its Affiliates of new or additional adverse regulation, (c) claims against Entergy Corporation or any of its Affiliates (or its or their respective Representatives) for or of slander, libel, defamation, damage to reputation, or other similar legal claims, or (d) an amount in controversy exceeding One Million Dollars ($1,000,000).