Secured Hedge Bank definition

Secured Hedge Bank means any Person that is a counterparty to a Hedging Agreement with a Credit Party or one of its Restricted Subsidiaries, in its capacity as such, and that either (i) was a Lender, an Agent, a Joint Lead Arranger or an Affiliate of a Lender, an Agent, or a Joint Lead Arranger at the time it entered into such Hedging Agreement or (ii) becomes a Lender, an Agent or an Affiliate of a Lender or an Agent after it has entered into such Hedging Agreement.

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Secured Hedge Bank means any Person that is a Lender or an Affiliate of a Lender, in its capacity as a party to a Secured Hedge Agreement.

Secured Hedge Bank is defined in the Collateral Agreement.

Examples of Secured Hedge Bank in a sentence

• Administrative Agent is hereby authorized by the Lenders and any Secured Hedge Banks to execute, deliver and perform in accordance with the terms of each of the Loan Documents to which Administrative Agent is or is intended to be a party and each Lender and each Secured Hedge Bank agrees to be bound by all of the agreements of Administrative Agent contained in such Loan Documents.

• Each Lender and Secured Hedge Bank also acknowledges that it will, independently and without reliance upon Administrative Agent, either Arranger, any other Lender or any other Secured Hedge Bank and based on such documents and information as it shall deem appropriate at the time, continue to make its own credit decisions in taking or not taking action under this Agreement and the other Loan Documents.

• Each Lender and Secured Hedge Bank acknowledges and agrees that no individual Lender or Secured Hedge Bank may separately enforce or exercise any of the provisions of any of the Loan Documents (including the Notes) other than through Administrative Agent.

• To the fullest extent permitted by law, such Borrower Party hereby waives and releases any claims that it may have against each Arranger, each Secured Hedge Bank and each Lender with respect to any breach or alleged breach of agency or fiduciary duty in connection with any aspect of any transaction contemplated hereby.

• If Administrative Agent has resigned or been removed and no successor Administrative Agent has been appointed, the Lenders may perform all the duties of Administrative Agent hereunder and Borrower Parties shall make all payments in respect of the Obligations to the applicable Lender or Secured Hedge Bank and for all other purposes shall deal directly with the Lenders and any Secured Hedge Banks.

More Definitions of Secured Hedge Bank

Secured Hedge Bank means any Person party to a Secured Hedge Agreement that is an Administrative Agent, the Collateral Agent, a Lender or an Affiliate of an Administrative Agent, the Collateral Agent or a Lender on the Closing Date or at the time it entered into such Secured Hedge Agreement.

Secured Hedge Bank means any Person that is a Lender, Agent, Arranger or an Affiliate of a Lender, Agent or Arranger at the time it enters into a Secured Hedge Agreement (regardless of whether such Person thereafter ceases to be a Lender, Agent, Arranger or an Affiliate of a Lender, Agent or Arranger), in its capacity as a party thereto and that is designated a “Secured Hedge Bank” with respect to such Secured Hedge Agreement in a writing from the Borrower to the Administrative Agent, and (other than a Person already party hereto as a Lender or Agent) that delivers to the Administrative Agent a letter agreement reasonably satisfactory to the Administrative Agent (i) appointing the Administrative Agent as its agent under the applicable Loan Documents and (ii) agreeing to be bound by Sections 10.05, 10.15 and 10.16 and Article IX as if such Secured Hedge Bank were a Lender. The designation of any Secured Hedge Bank shall not create in favor of such Secured Hedge Bank any rights in connection with the management or release of Collateral or of the obligations of any Guarantor under the Loan Documents.

Secured Hedge Bank means any Lender or Affiliate thereof in its capacity as a party to a Secured Hedge Agreement, whether or not such Lender or Affiliate ceases to be a Lender or Affiliate after entering into such Secured Hedge Agreement; provided, however, that so long as any Lender is a Defaulting Lender, neither such Lender nor any Affiliate of such Lender will be a Secured Hedge Bank with respect to any Hedge Agreement entered into while such Lender was a Defaulting Lender.

Secured Hedge Bank means any Person that is a Lender, Agent, Arranger or an Affiliate of a Lender, Agent or Arranger at the time it enters into a Secured Hedge Agreement, in its capacity as a party thereto and that is designated a “Secured Hedge Bank” with respect to such Secured Hedge Agreement in a writing from the Borrower to the Administrative Agent, and (other than a Person already party hereto as a Lender or Agent) that delivers to the Administrative Agent a letter agreement reasonably satisfactory to the Administrative Agent (i) appointing the Administrative Agent as its agent under the applicable Loan Documents and (ii) agreeing to be bound by Sections ‎10.05, ‎10.15 and ‎10.16 and Article ‎IX as if such Secured Hedge Bank were a Lender. The designation of any Secured Hedge Bank shall not create in favor of such Secured Hedge Bank any rights in connection with the management or release of Collateral or of the obligations of any Guarantor under the Loan Documents.

Secured Hedge Bank shall have the meaning given that term in the definition of "Secured Hedge Agreement."

Secured Hedge Bank means, at any time, any Person (other than an Affiliate of the Issuer) that is party to a Derivative Transaction entered into with the Issuer in accordance with the Holdings Secured Debt Documents and that has executed the Intercreditor Agreement or acceded to the Intercreditor Agreement pursuant to a joinder agreement.

Secured Hedge Bank means any Lender Party or an Affiliate of a ------------------ Lender Party in its capacity as a party to a Secured Hedge Agreement.