Hedging Amounts Sample Clauses

Hedging Amounts. (a) There shall be established on the Closing Date and maintained, for the benefit of the Secured Parties, with the Collateral Agent, a segre gated account (the "Hedge Proceeds Account"), bearing a designation clearly indicat ing that the funds deposited therein are held for the benefit of the Secured Parties. Subject to the terms hereof, the Collateral Agent shall possess all right, title and interest in and to all funds deposited from time to time in the Hedge Proceeds
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Hedging Amounts. (1) There shall be established on the Closing Date and maintained, for the benefit of the Secured Parties, with the Collateral Agent, a segregated account (the "Hedge Proceeds Account"), bearing a designation clearly indicating that the funds deposited therein are held for the benefit of the Secured Parties. Subject to the terms hereof, the Collateral Agent shall possess all right, title and interest in and to all funds deposited from time to time in the Hedge Proceeds Account. The Collateral Agent will maintain the Hedge Proceeds Account at an Eligible Institution. If the Eligible Institution holding the Hedge Proceeds Account shall cease to be an Eligible Institution, the Collateral Agent shall have the right to direct the transfer of the Hedge Proceeds Account to an Eligible Institution. Funds on deposit in the Hedge Proceeds Account shall be invested by the Collateral Agent in overnight Eligible Investments. (2) Funds on deposit in the Hedge Proceeds Account shall be invested in Eligible Investments by or at the written direction of the Debtor, provided that if a Termination Event shall have occurred, such investments shall be made as directed by the Collateral Agent. Any such written directions shall specify the particular investment to be made and shall certify that such investment is an Eligible Investment and is permitted to be made under this Agreement. (3) The Collateral Agent agrees that it shall not accept for credit to the Hedge Proceeds Account any investment as to which it has knowledge of any adverse claim thereto. Bank of America hereby agrees (and any other Securities Intermediary holding the Hedge Proceeds Account shall so agree) to comply with all Entitlement Orders (as defined in Section 8-102 of the 1994 Official Text of the Uniform Commercial Code) received by it with respect to the Hedge Proceeds Account from the Collateral Agent. (4) No Eligible Investment held in the Hedge Proceeds Account may be liquidated or disposed of prior to its maturity. All proceeds of any such Eligible Investment shall be deposited in the Hedge Proceeds Account. Investments may be made in the Hedge Proceeds Account on any date (provided such investments mature in accordance herewith), only after giving effect to deposits to and withdrawals from such account on such date. Realized losses, if any, on amounts invested in such Eligible Investments shall be charged against investment earnings on amounts on deposit in the Hedge Proceeds Account. (5) The Debtor ...
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Related to Hedging Amounts

  • Hedging Arrangements To the extent any Affiliate of a Lender is a party to a Secured Hedging Agreement with the Borrower, such Affiliate of a Lender shall be deemed to appoint the Administrative Agent its nominee and agent, and to act for and on behalf of such Affiliate in connection with the Security Documents and to be bound by this Article IX.

  • Hedging Agreements The Borrower will not, and will not permit any of its Subsidiaries to, enter into any Hedging Agreement, other than Hedging Agreements entered into in the ordinary course of business to hedge or mitigate risks to which the Borrower or any Subsidiary is exposed in the conduct of its business or the management of its liabilities.

  • Hedging Agreement Any termination payment shall be due by the Borrower under any Hedging Agreement and such amount is not paid within ten (10) Business Days of the due date thereof.

  • Hedging Obligations 13 Holder............................................................. 13 Indebtedness....................................................... 13 Indenture ......................................................... 14

  • Hedge Agreements On each date that any Hedge Agreement is executed by any Hedge Provider, Borrower and each other Loan Party satisfy all eligibility, suitability and other requirements under the Commodity Exchange Act (7 U.S.C. § 1, et seq., as in effect from time to time) and the Commodity Futures Trading Commission regulations.