Secured Hedging Counterparty definition
Secured Hedging Counterparty means (a) a Person who has entered into a Hedging Agreement with a Loan Party if such Hedging Agreement was provided or arranged by the Administrative Agent or an Affiliate of the Administrative Agent, and any assignee of such Person or (b) a Lender or an Affiliate of a Lender who has entered into a Hedging Agreement with a Loan Party (or a Person who was a Lender or an Affiliate of a Lender at the time of execution and delivery of the Hedging Agreement).
Secured Hedging Counterparty means Royal Bank or any other Person (other than any Group Member) that entered into a Hedging Agreement with the Borrower or has provided a Secured Hedging Support Document at the request of the Borrower at a time when such Person was an Agent, a Lender or an Affiliate of a Lender.
Secured Hedging Counterparty means any Person designated by the Borrower to be a counterparty to a Secured Hedging Agreement with any Credit Party.
Examples of Secured Hedging Counterparty in a sentence
If any such Secured Hedging Counterparty defaults or becomes unable to perform due to insolvency or otherwise, the Issuer may not receive payments it would otherwise be entitled to from such Secured Hedging Counterparty to cover its foreign exchange exposure.
The Borrower hereby authorizes each Secured Hedging Counterparty party to a Secured Hedging Support Document to receive confidential and other information from the counterparty to the Hedging Agreement supported by such Secured Hedging Support Document in respect of such Hedging Agreement, Secured Hedging Support Document, or otherwise in respect of the Borrower and its Affiliates.
Each determination of an interest rate or the amount of a fee hereunder shall be made by the Administrative Agent (including determinations of a Eurodollar Rate or Base Rate in accordance with the definitions of “Eurodollar Rate” and “Base Rate”, respectively) or, if applicable in the case of the Eurodollar Rate used to determine interest on Secured Hedging Reimbursement Obligations, the applicable Secured Hedging Counterparty shall be conclusive and binding for all purposes, absent manifest error.
Consequently, the Issuer will be subject to the credit risk of such Secured Hedging Counterparty as well as that of the Issuer Investments.
None of Parent, the Borrower, any L/C Issuer or any Agent (except to a successor Agent named pursuant to Section 10.7 or otherwise to facilitate a transaction contemplated by such Section 10.7) shall have the right to assign any rights or obligations hereunder or any interest herein; provided, that each Secured Hedging Counterparty may assign its rights and interests in, but not its obligations under, Secured Hedging Support Provisions.
More Definitions of Secured Hedging Counterparty
Secured Hedging Counterparty means a counterparty to a Secured Hedging Transaction which satisfies the relevant Rating Requirement for the same.
Secured Hedging Counterparty means each Person that (a) at the commencement of the applicable Collateral Trigger Period is a Lender or an Affiliate of a Lender and is a party to a Hedging Agreement with the Borrower or a Subsidiary or (b) at the time it enters into a Hedging Agreement with the Borrower or a Subsidiary during the applicable Collateral Trigger Period, is a Lender or an Affiliate of a Lender, in each case, in its capacity as a party to such Hedging Agreement.
Secured Hedging Counterparty means GE Capital or any other Person (other than any Group Member) that entered into an Hedging Agreement with the Borrower or has provided a Secured Hedging Support Document at the request of the Borrower at a time when such Person was the Administrative Agent, a Lender or an Affiliate of a Lender.
Secured Hedging Counterparty means GE Capital or any other Person (other than any Group Member) that entered into a Hedging Agreement with the Borrower or has provided a Secured Hedging Support Document at the request of the Borrower at a time when such Person was the Administrative Agent, a Lender or an Affiliate of a Lender.
Secured Hedging Counterparty means (a) the Administrative Agent and (b) any other Person reasonably satisfactory to the Administrative Agent that entered into a Hedging Agreement with the Borrower at a time when such Person was a Lender or an Affiliate of a Lender.
Secured Hedging Counterparty means each counterparty to a Secured Hedging Agreement with a Loan Party the obligations under which constitute Obligations, provided that any counterparty to a Hedging Agreement that has been designated to the Administrative Agent in writing by the U.S. Borrower as being a Secured Hedging Agreement for the purposes of the Loan Documents shall be deemed (a) to appoint the Administrative Agent as its agent under the applicable Loan Documents and (b) to agree to be bound by the provisions of Article 10, Section 11.3, Section 11.13, Section 11.14 and Section 11.15 and any Acceptable Intercreditor Agreement as if it were a Lender. “Secured Parties” means the Lenders, the L/C Issuers, the Administrative Agent, any Secured Hedging Counterparty, each provider of Banking Services to any Loan PartyGroup Member the obligations under which constitute Banking Services Obligations, each other Indemnitee and any other holder of any Obligation of any Loan Party. “Security” means all Stock, Stock Equivalents, voting trust certificates, bonds, debentures, instruments and other evidence of Indebtedness, whether or not secured, convertible or subordinated, all certificates of interest, share or participation in, all certificates for the acquisition of, and all warrants, options and other rights to acquire, any Security. “Sell” means, with respect to any property, to sell, convey, transfer, assign, license (as licensor), lease (as lessor) or otherwise dispose of, any interest therein or to permit any Person to acquire any such interest, including, in each case, through a Sale and Leaseback Transaction or through a sale, factoring at maturity, collection of or other disposal, with or without recourse, of any notes or accounts receivable. Conjugated forms thereof and the noun “Sale” have correlative meanings. “Sellers” has the meaning specified in the Acquisition Agreement. “Similar Business” means any Person the majority of the revenues of which are derived from a business that would be permitted by Section 8.8 if the references to “Group Member” and “Restricted Subsidiaries” in Section 8.8 were read to refer to such Person(a). “Solvent” means, with respect to any Person as of any date of determination, that, as of such date, (a) the value of the assets of such Person (both at fair value and present fair saleable value) is greater than the total amount of liabilities (including contingent and unliquidated liabilities) of such Person, (b) such Person is able to pay all liabilit...
Secured Hedging Counterparty means any Person that (a) at the time it enters into a Swap Contract is a Lender or the Administrative Agent, or an Affiliate of a Lender or the Administrative Agent, (b) in the case of any Swap Contract in effect on or prior to the Effective Date, is, as of the Effective Date, a Lender or the Administrative Agent, or an Affiliate of a Lender or Administrative Agent, and a party to a Swap Contract or (c) in the case of any Swap Contract in effect on or prior to the date of any amendment, restatement, or amendment and restatement to this Agreement, is, as of the date of such amendment, restatement or amendment and restatement, a Lender or the Administrative Agent, or an Affiliate of a Lender or Administrative Agent, and a party to a Swap Contract. “Secured Hedging Agreement” means any Swap Contract that is entered into by and between any Loan Party, on the one hand, and any Secured Hedging Counterparty, on the other hand, and designated in a writing by such Secured Hedging Counterparty and the Borrower to the Administrative Agent as a “Secured Hedging Agreement.” Such designation shall be irrevocable and a single designation shall be effective for any Swap Contract entered into pursuant to a single Master Agreement. “Secured Parties” means the Lenders, the Administrative Agent, the Collateral Agent, any Secured Hedging Counterparty, any Secured Cash Management Bank, each other Indemnitee solely as to indemnification claims asserted hereunder and any other permitted holder of any Obligation of any Loan Party. “Security Agreement” means the Security Agreement dated as of the Effective Date, by and among the Collateral Agent, the Borrower and each Guarantor from time to time party thereto, substantially in the form of Exhibit H. “Security Documents” means the Security Agreement, any Mortgages, the Perfection Certificate, the IP Security Agreements, each other agreement, instrument or document executed pursuant thereto or pursuant to Sections 4.01 or 6.12 and each of the other agreements, instruments or documents that creates or purports to create a Lien securing the Obligations in favor of the Collateral Agent for the benefit of the Secured Parties. “SOFR” means a rate equal to the secured overnight financing rate as administered by the SOFR Administrator. “SOFR Adjustment” means with respect to the Term SOFR Reference Rate, 10 basis points. “SOFR Administrator” means the NYFRB (or a successor administrator of the secured overnight financing rate). “SOFR Admin...