Specified Swap Obligations all “obligations” under any Swap Agreement in respect of interest rates or currency exchange rates existing on the 2021 Notes Issue Date (to the extent it constitutes a “Specified Swap Agreement” as defined in the Collateral Agency and Intercreditor Agreement on such date) or thereafter entered into by the Borrower or any Guarantor and any Person that is a lender under a Credit Agreement or an Affiliate of a lender under a Credit Agreement at the time such Swap Agreement is entered into.
Specified Swap Obligations all obligations of any Loan Party (whether absolute or contingent and whenever created, arising, evidenced or acquired (including all renewals, extensions and modifications thereof and substitutions therefor)), as applicable, under any Specified Swap Agreement; provided that, in the case of any Excluded Swap Guarantor, “Specified Swap Obligations” shall not include any Excluded Swap Obligations of such Excluded Swap Guarantor.
Specified Swap Obligations has the meaning specified in the definition of “Obligations.”
Examples of Specified Swap Obligations in a sentence
The Company hereby jointly and severally absolutely, unconditionally and irrevocably with each other Qualified ECP Guarantor hereby undertakes to provide such funds or other support as may be needed from time to time by each Guarantor that would otherwise not be an “eligible contract participant” as defined in the Commodity Exchange Act to honor all of its obligations under this Agreement in respect of Specified Swap Obligations.
The obligations of the Company under this Section 13.10 shall remain in full force and effect until the indefeasible payment in full in cash of all the Obligations (other than Specified Cash Management Obligations, Specified Swap Obligations or contingent indemnification obligations and other contingent obligations, in each case, not then due or asserted).
None of the Administrative Agent, any Lender or any Specified Swap Provider shall be under any obligation to marshal any assets in favor of any Loan Party or any other party or against or in payment of any or all of the Obligations or the Specified Swap Obligations.
The Company hereby absolutely, unconditionally and irrevocably undertakes to provide such funds or other support as may be needed from time to time by each other Loan Party to honor all of its obligations under the Loan Documents in respect of Specified Swap Obligations.
Notwithstanding the foregoing, to the extent that any Claiming Party’s right to indemnification hereunder arises from a payment made to satisfy Obligations constituting Specified Swap Obligations, only those Contributing Parties for whom such Specified Swap Obligations do not constitute Excluded Swap Obligations shall indemnify such Claiming Party, with the fraction set forth in the second preceding sentence being modified as appropriate to provide for indemnification of the entire Indemnified Amount.
More Definitions of Specified Swap Obligations
Specified Swap Obligations means any and all Swap Obligations that, within at least ten (10) days (or such later date as the Administrative Agent may agree to in its sole discretion) from the date that any transaction relating to any such Swap Obligation is executed, the Secured Party party thereto (other than Capital One) shall have delivered written notice to the Administrative Agent that such a transaction has been entered into and that it constitutes a Specified Swap Obligation.
Specified Swap Obligations with respect to any Person, any and all obligations of such Person, whether absolute or contingent and howsoever and whensoever created, arising, evidenced or acquired (including all renewals, extensions and modifications thereof and substitutions therefor), under any and all Specified Swap Agreements; provided that, for purposes of determining any obligations of any Guarantor under the Guarantee and Security Agreement, the definition of “Specified Swap Obligations” shall not create any guarantee by such Guarantor of (or any grant of security interest by any Guarantor to support, if such grant of security interest would be illegal as described in the definition of “Excluded Swap Obligation”) any Excluded Swap Obligations of such Guarantor.
Specified Swap Obligations has the meaning specified in Section 8.5. "Subsidiary" of a Person means any corporation, association, partnership, joint venture or other business entity of which more than 50% of the voting stock, membership interests or other equity interests (in the case of Persons other than corporations), is owned or controlled directly or indirectly by the Person, or one or more of the Subsidiaries of the Person, or a combination thereof. "Swap Contract" means any agreement, whether or not in writing, relating to any transaction that is a rate swap, basis swap, forward rate transaction, commodity swap, commodity option, equity or equity index swap or option, bond, note or bill option, interest rate option, forward foreign exchange transaction, cap, collar or floor transaction, currency swap, cross-currency rate swap, swaption, currency option or any other, similar transaction (including any option to enter into any of the foregoing) or any combination of the foregoing and, unless the context otherwise clearly requires, any master agreement relating to or governing any or all of the foregoing. "Swap Provider" means any Bank, or any Affiliate of any Bank, that is at the time of determination a party to a Swap Contract with the Company. "Tangible Net Worth" means, at any time, the total consolidated stockholders' equity of the Company at such time, plus the amount of minority interests in all Permitted Partnerships at such time (valuing preferred stock at face value and excluding as assets (i) any loans to tenants for tenant improvements and (ii) goodwill and other intangible assets, and valuing all real property at the lower of book or market value (where market value of a real property is based on the most recent appraisal of such real property, if any, performed for the benefit of the Banks pursuant to an agreement between the Company and the Banks)), as evidenced by the Company's most recently delivered financial statements. "Transferee" has the meaning specified in subsection 10.8.5. "Type" means, in connection with a Loan, the characterization of such loan as a Reference Rate Loan or a LIBOR Rate Loan. "UCC" means the Uniform Commercial Code as in effect in any jurisdiction, as the same may be amended, modified or supplemented from time to time. "Unfunded Pension Liabilities" means the excess of a Plan's benefit liabilities under Section 4001(a)(16) of ERISA, over the current value of that Plan's assets, determined in accordance with the assumptions used by the P...
Specified Swap Obligations has the meaning specified in Section 8.5. "Subsidiary" of a Person means any corporation, association, partnership, joint venture or other business entity of which more than 50% of the voting stock, membership interests or other equity interests (in the case of Persons other than corporations), is owned or controlled directly or indirectly by the Person, or one or more of the Subsidiaries of the Person, or a combination thereof. "Supermajority Banks" means at any time at least two (2) Banks then holding at least 86% of the then aggregate unpaid principal amount of the Loans (or, if no principal amount is then outstanding, at least two (2) banks then having at least 86% of the unborrowed Commitments); provided, however, that if at any time there is only one Bank, then such one Bank shall constitute Supermajority Banks. "Swap Contract" means any agreement, whether or not in writing, relating to any transaction that is a rate swap, basis swap, forward rate transaction, commodity swap, commodity option, equity or equity index swap or option, bond, note or bill option, interest rate optixx, forward foreign exchange transaction, cap, collar or floor transaction, currency swap, cross-currency rate swap, swaption, currency option or any other, similar transaction (including any option to enter into any of the foregoing) or any combination of the foregoing and, unless the context otherwise clearly requires, any master agreement relating to or governing any or all of the foregoing. "Swap Provider" means any Bank, or any Affiliate of any Bank, that is at the time of determination a party to a Swap Contract with the Company. "Swing Line" has the meaning specified in Section 2.2. "Swing Line Availability" means, at any time, the difference between (a) the least of (i) $25,000,000.00, (ii) the Total Approved Parcel Value at such time and (iii) the Maximum Commitment Amount at such time, and (b) the sum of (i) the principal amount outstanding under the Swing Line at such time and (ii) the principal amount outstanding under the "swing line" established under the Unsecured Loan Agreement at such time. "Swing Line Lender" means BofA, in its capacity as the maker of Swing Loans under Section 2.2. "Swing Loan" has the meaning specified in Section 2.2. "Tangible Net Worth" means, at any time, the total consolidated stockholders' equity of the Company and its Subsidiaries at such time, plus the amount of minority interests in all Permitted Partnerships at such time (valuing pre...
Specified Swap Obligations means all obligations in respect of Permitted Hedging Transactions in favor of any Specified Swap Provider.
Specified Swap Obligations means, collectively, (a) all Swap Obligations of the Borrower owing to any Lender or any Affiliate of any Lender arising from, by virtue of, or pursuant to any Swap Agreement that relates solely to the Obligations described in clause (a) of the definition of “Obligations” and (b) any Guarantee by any Guarantor of such Swap Obligations of the Borrower; provided, however, the “Specified Swap Obligations” of any Guarantor shall exclude all Excluded Swap Obligations with respect to such Guarantor.”
Specified Swap Obligations means obligations owed by Borrower or any Restricted Subsidiary to any Qualified Counterparty in respect of or in connection with a Swap Contract and designated by such Qualified Counterparty and Borrower in writing to the Administrative Agent as a “Specified Swap Obligation”.