Specified Swap Contracts definition

Specified Swap Contracts means any Swap Contracts entered into by the Borrower and any Person that is a Lender or an affiliate of a Lender at the time such Swap Contract is entered into.

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Specified Swap Contracts. (each as defined in the ABL Credit Agreement as in effect on the Closing Date (or any equivalent term in any document governing any ABL Facility));

Specified Swap Contracts means all Swap Contracts made or entered into at any time, or in effect at any time, whether directly or indirectly, and whether as a result of assignment or transfer or otherwise, between the Company or any Subsidiary of the Company and any Swap Provider, which Swap Contract is or was intended by the Company to have been entered into, in part or entirely, for purposes of mitigating interest rate or currency exchange risk relating to any liabilities owed or credit facilities in effect and not for the purposes of financing, speculation or taking a "market view" (which intent shall conclusively be deemed to exist if the Company so represents to the Swap Provider in writing) and as to which the final scheduled payment by the Company or its Subsidiary is not later than the Termination Date.

Examples of Specified Swap Contracts in a sentence

The Company hereby grants the Bank a security interest in all of the Company's rights, title, and interests in the Company's rights to payment and performance by the Swap Provider in each of the Specified Swap Contracts.
The rights and remedies of the Administrative Agent, the Lenders and the Specified Swap Providers under this Agreement, each of the other Loan Documents, the Fee Letter and Specified Swap Contracts shall be cumulative and not exclusive of any rights or remedies which any of them may otherwise have under Applicable Law.
The Liens created by the Collateral Documents shall also secure Obligations under Specified Swap Contracts.
Notwithstanding any other provision of this Article VIII to the contrary, the Agent shall not be required to verify the payment of, or that other satisfactory arrangements have been made with respect to, Obligations arising under Specified Cash Management Agreements and Specified Swap Contracts unless the Agent has received written notice of such Obligations, together with such supporting documentation as the Agent may request, from the applicable Cash Management Bank or Hedge Bank, as the case may be.
If the assigning Lender (or its Affiliate) is a Specified Swap Provider and if after giving effect to such assignment such Lender will hold no further Loans or Commitments under this Agreement, such Lender shall undertake such assignment only contemporaneously with an assignment by such Lender (or its Affiliate, as the case may be) of all of its Specified Swap Contracts to the Eligible Assignee or another Lender (or Affiliate thereof).
This Guaranty shall remain in full force and effect with respect to each Guarantor until indefeasible payment in full of the Guarantied Obligations (other than unasserted indemnification obligations) and the termination or cancellation of the Credit Agreement and all Specified Swap Contracts in accordance with their respective terms.
The Guarantied Parties may, in accordance with the applicable provisions of the Credit Agreement and Specified Swap Contracts, assign, transfer or sell any Guarantied Obligation, or grant or sell participations in any Guarantied Obligations, to any Person without the consent of, or notice to, any Guarantor and without releasing, discharging or modifying any Guarantor’s obligations hereunder.
Subject to the terms and conditions of this Amendment, the Majority Lenders hereby waive (i) the Specified Defaults, and (ii) the defaults arising from the Specified Swap Contracts not conforming with clause (ii)(b) of the definition of “Permitted Swap Obligations” in the Credit Agreement.
Each Lender hereby irrevocably (subject to Section 9.09) appoints, designates and authorizes the Agent to take such action on its behalf under the provisions of this Agreement and each other Loan Document other than documents evidencing Specified Swap Contracts and to exercise such powers and perform such duties as are expressly delegated to it by the terms of this Agreement or any other Loan Document, together with such powers as are reasonably incidental thereto.
Each such notice shall specify (i) the date and amount of such prepayment, (ii) the Type(s) of Loans to be prepaid and (iii) if LIBOR Loans are to be prepaid, (x) the Interest Period(s) of such LIBOR Loans and (y) the then remaining amount of LIBOR Loans, if any, that the Borrower has elected to have subject to a Specified Swap Contract that provides a hedge against interest rate risk and the Specified Swap Contract(s) to which such amount is subject.

More Definitions of Specified Swap Contracts

Specified Swap Contracts means all Swap Contracts made or entered into at any time, or in effect at any time, whether directly or indirectly, and whether as a result of assignment or transfer or otherwise, between the Company or any Subsidiary and any Swap Provider, which Swap Contract is or was intended by the Company or such Subsidiary to have been entered into for purposes of mitigating interest rate risk relating to any liabilities owed or credit facilities in effect and not for the purposes of financing, speculation or taking a "market view" (which intent shall conclusively be deemed to exist if the Company or such Subsidiary so represents to the Swap Provider in writing).

Specified Swap Contracts means all Swap Contracts made or entered into at any time, or in effect at any time, whether directly or indirectly, and whether as a result of assignment or transfer or otherwise, between the Company or any Subsidiary and any Swap Provider, which Swap Contract is or was intended by the Company or such Subsidiary to have been entered into, in part or entirely, for purposes of mitigating interest rate or currency exchange risk relating to any liabilities owed or credit facilities in effect and not for the purposes of financing, speculation or taking a "market view" (which intent shall conclusively be deemed to exist if the Company or such Subsidiary so represents to the Swap Provider in writing) and as to which the final scheduled payment by the Company or its Subsidiary is not later than the Termination Date.