Swap Guaranty definition
Examples of Swap Guaranty in a sentence
Nothing in this Section 11.20 shall in any way affect the rights of any Swap Counterparty against the Swap Guarantor as provided in the Swap Guaranty.
The Swap Guarantor undertakes that, subject to the provisions of Section 14.01, the Swap Guaranty Requirements will be paid strictly in accordance with the terms of this Agreement or any other Transaction Document, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of the applicable Swap Counterparty with respect thereto.
In the event that the Trust shall fail to pay the Swap Guaranty Requirements when the same shall be required to be paid under the Swap or any such other document, then upon either actual knowledge of an officer of the Swap Guarantor or demand of the Indenture Trustee or any Secured Party, the Swap Guarantor shall make payment upon demand to the Swap Counterparty to allow such Swap Guaranty Requirements to be satisfied.
This Article XIV shall continue to be effective or be reinstated, as the case may be, if at any time any payment of any of the Swap Guaranty Requirements is rescinded or must otherwise be returned by a Swap Counterparty upon the insolvency, bankruptcy or reorganization of the Issuer or the Swap Guarantor or otherwise, all as though payment had not been made.
Borrower acknowledges that the Mortgage secures, among other things, the Swap Reimbursement Obligations (to the extent provided in Section 2.8(1)(c)) and the Swap Guaranty Fee and, accordingly, agrees that in the event that it fails to satisfy either of clauses (i) or (ii) above, Administrative Agent on behalf of Lenders shall not release or assign the Mortgage.
Borrower acknowledges and agrees that the Mortgage secures, among other things, the Swap Reimbursement Obligations and the Swap Guaranty Fee and, accordingly, agrees that in the event that it fails to satisfy either of clauses (i) or (ii) above, Administrative Agent on behalf of Lenders shall not release or assign the Mortgage.
No debt other than the First Mortgage Loan or any Swap Guaranty (as defined in the Loan Documents) given by Lender may be secured (subordinate or pari passu) by the Properties or the Beneficial Interests.
In the event of any such resignation, the Borrower, the Lenders, the resigning Administrative Agent and the successor Administrative Agent shall cooperate with one another and take such steps as may reasonably be required in order to ensure that the Swap Reimbursement Obligations and Swap Guaranty Fee continue to be secured by the Lien of the Mortgage.
The Swap Guaranty Requirements of the Swap Guarantor under this ARTICLE XIV do rank and will rank PARI PASSU in priority of payment with all other unsecured and unsubordinated obligations for borrowed money of the Swap Guarantor.
The Swap Guaranty Requirements of the Swap Guarantor under this Article XIV do rank and will rank pari passu in priority of payment with all other unsecured and unsubordinated obligations for borrowed money of the Swap Guarantor.