Secured Counterparty definition

Secured Counterparty has the meaning set forth in the Intercreditor Agreement.
Secured Counterparty means Mortgagee and any affiliate of Mortgagee.
Secured Counterparty means a party to this Agreement (including a party that has executed a Common Agreement Joinder) with whom the Company may enter into one or more Energy Transactions under the Facility pursuant to this Agreement and such party’s Secured Counterparty ISDA Agreement; provided, that, neither the Company nor any of its Affiliates may be a Secured Counterparty. “Secured Counterparty Exposure” means for any Valuation Date and with respect to each Secured Counterparty, (i) prior to the occurrence of an Early Termination Date in respect of such Secured Counterparty ISDA Agreement, the amount, if any, that would be payable to the Secured Counterparty by the Company (expressed as a positive number or zero) pursuant to Section 6(e)(ii)(2)(A) of such Secured Counterparty ISDA Agreement if all Energy Transactions under such Secured Counterparty ISDA Agreement were being terminated as of the Valuation Time with respect to such Valuation Date (it being understood, for the avoidance of doubt, that if any amount payable under such Section 6(e)(ii)(2)(A) would be payable by the Secured Counterparty to the Company, then the Secured Counterparty Exposure will be zero); and

Examples of Secured Counterparty in a sentence

  • Maintain in full force for any Secured Counterparty without an Investment Grade Rating, a Secured Counterparty Parent Guaranty or Acceptable Credit Support.

  • Amend, modify or supplement any Material Contract, including, the Secured Counterparty Contracts, and the Senior Notes, if such amendment, modification or supplement would materially increase the obligations of the obligor or be materially adverse to the interests of any Loan Party or any Secured Party.

  • Each Secured Counterparty shall also deliver to the Security Agent from time to time, at the option of such Secured Party or at the request of the Security Agent, any other information necessary to permit the Security Agent to make the deposits, transfers and releases with respect to the Accounts in accordance with the provisions of this Agreement.

  • The Security Agent shall have no duty to inquire as to the application by the Administrative Agent, any Institution, the Issuing Bank, any Bond Trustee, any Secured Counterparty or any other holders of Senior Debt of any amounts distributed to them under this Agreement or any other Security Document.

  • Under the Facility, the Company and the Secured Counterparties from time to time will enter into transactions involving the purchase and sale of electrical energy, generating capacity, fuel and other energy related commodities and other Energy Transactions (as such term is defined in the Common Agreement) pursuant to the Secured Counterparty ISDA Agreements (as such term is defined in the Common Agreement).

  • The Security Agent, each Bank, each Institution and each Secured Counterparty hereby agrees that the liens and security interests granted to the Security Agent under the Security Documents shall be treated, as among the Secured Parties, as having equal priority and shall at all times be shared by the Secured Parties as provided herein.

  • The Credit Parties shall cooperate with the Secured Counterparties, including in the event of a permitted assignment or transfer of rights or of obligations under this Agreement, by providing information requested by any Secured Counterparty to allow such Secured Counterparty to meet its obligations under the Patriot Act to identify its counterparties under this Agreement.

  • Amend, modify or supplement any Material Contract, including the Acquisition Agreement, the Secured Counterparty Contracts, the Bridge Loan and the High Yield Notes Offering, if such amendment, modification or supplement would materially increase the obligations of the obligor or be materially adverse to the interests of any Loan Party or any Secured Party.

  • Except as otherwise provided in this Agreement, each Credit Agreement Representative, each Secured Counterparty, and Sowood will be entitled to manage and supervise their respective extensions of credit to any Loan Party in accordance with law and their usual practices, modified from time to time as they deem appropriate.

  • Each Secured Counterparty hereby appoints Wilmington Trust, National Association as Agent hereunder and as a Secured Debt Representative under the Intercreditor Agreement, and each of the Secured Counterparties hereby authorizes Wilmington Trust, National Association to act as Agent in accordance with the terms of this Agreement and such other applicable Facility Documents.


More Definitions of Secured Counterparty

Secured Counterparty has the meaning set forth in the introductory paragraph of this Agreement.

Related to Secured Counterparty

  • Approved Counterparty means (a) any Lender or any Affiliate of a Lender and (b) any other Person whose long term senior unsecured debt rating is A-/A3 by S&P or Xxxxx’x (or their equivalent) or higher.

  • Qualified Counterparty with respect to any Specified Hedge Agreement, any counterparty thereto that, at the time such Specified Hedge Agreement was entered into, was a Lender or an affiliate of a Lender.

  • Hedging Counterparty means HSBC Bank plc or any Affiliate of HSBC Bank plc or any other party

  • Secured Swap Agreement means a Swap Agreement between (x) any Loan Party and (y) a Secured Swap Provider.

  • Secured Swap Provider means (i) a Lender or an Affiliate of a Lender (or a Person who was a Lender or an Affiliate of a Lender at the time of execution and delivery of a Rate Contract) who has entered into a Secured Rate Contract with Borrower, or (ii) a Person with whom Borrower has entered into a Secured Rate Contract provided or arranged by GE Capital or an Affiliate of GE Capital, and any assignee thereof.

  • Secured Hedge Agreement means any Swap Contract permitted under Article VI or VII that is entered into by and between any Loan Party and any Hedge Bank.

  • Lender Counterparty means each Lender or any Affiliate of a Lender counterparty to a Hedge Agreement (including any Person who is a Lender (and any Affiliate thereof) as of the Closing Date but subsequently, whether before or after entering into a Hedge Agreement, ceases to be a Lender) including, without limitation, each such Affiliate that enters into a joinder agreement with Collateral Agent.

  • 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.

  • Secured Swap Obligations means all amounts and other obligations owing to any Secured Swap Party under any Secured Swap Agreement (other than Excluded Swap Obligations).

  • Hedging Agreement Provider means any Person that enters into a Secured Hedging Agreement with a Credit Party or any of its Subsidiaries that is permitted by Section 6.1(d) to the extent such Person is a Lender, an Affiliate of a Lender or any other Person that was a Lender (or an Affiliate of a Lender) at the time it entered into the Secured Hedging Agreement but has ceased to be a Lender (or whose Affiliate has ceased to be a Lender) under the Credit Agreement.

  • Secured Hedging Agreement means any Hedging Agreement between a Credit Party and a Hedging Agreement Provider, as amended, restated, amended and restated, modified, supplemented or extended from time to time.

  • Secured Hedge Obligations means Obligations under Secured Hedge Agreements.

  • Counterparty Downgrade Collateral Account means an interest-bearing account of the Issuer with the Custodian into which all Counterparty Downgrade Collateral is to be deposited.

  • Guaranteed Hedge Agreement means any Swap Contract permitted under Article VII that is entered into by and between any Loan Party and any Hedge Bank.

  • Derivative Counterparty means any party to any Derivative Agreement other than the Issuer or the Indenture Trustee.

  • Secured Hedging Obligations means all debts, liabilities and obligations of the Borrower or any Restricted Subsidiary in respect of any Secured Hedging Agreement.

  • Swap Counterparty means Lender or an Affiliate of Lender, in its capacity as counterparty under any Swap Contract.

  • Interest Hedge Agreement means an interest rate protection agreement that may be entered into between the Borrower and an Interest Hedge Counterparty on or after the Closing Date, for the sole purpose of hedging interest rate risk between the portfolio of Collateral Loans and the Loans, as amended from time to time in accordance with the terms thereof, with respect to which the Rating Condition is satisfied.

  • Priority Lien Security Documents means the Priority Credit Agreement (insofar as the same grants a Lien on the Collateral), each agreement listed in Part A of Exhibit B hereto, and any other security agreements, pledge agreements, collateral assignments, mortgages, deeds of trust, control agreements, or grants or transfers for security, now existing or entered into after the date hereof, executed and delivered by the Borrower or any other Grantor creating (or purporting to create) a Lien upon Collateral in favor of the Priority Lien Agent (including any such agreements, assignments, mortgages, deeds of trust and other documents or instruments associated with any Priority Substitute Credit Facility).

  • Priority Lien Secured Parties means the holders of Priority Lien Obligations and any Priority Debt Representatives.

  • First Lien Secured Parties means (i) the Credit Agreement Secured Parties and (ii) the Additional First-Lien Secured Parties with respect to each Series of Additional First-Lien Obligations.

  • Additional First Lien Secured Party means the holders of any Additional First-Lien Obligations and any Authorized Representative with respect thereto, and shall include the Initial Additional First-Lien Secured Parties.

  • Hedge Agreement means any interest rate, currency or commodity swap agreements, cap agreements, collar agreements, floor agreements, exchange agreements, forward contracts, option contracts or similar interest rate or currency or commodity hedging arrangements.

  • First Lien Security Documents means, collectively, (i) the Credit Agreement Collateral Documents and (ii) the Additional First-Lien Security Documents.

  • Eligible Counterparty means an “Eligible Counterparty” for the purposes of the Law.

  • Eligible Swap Counterparty means an entity, which may be an affiliate of a remarketing agent, engaged in the business of entering into derivative instrument contracts that satisfies the Rating Agency Condition.