Common use of Hedging Transactions Clause in Contracts

Hedging Transactions. Holdings and the Borrower will not, and will not permit any of their respective Subsidiaries to, enter into any Hedging Transaction, other than Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which Holdings, the Borrower or any of their respective Subsidiaries is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, Holdings and the Borrower acknowledge that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which Holdings, the Borrower or any of their respective Subsidiaries is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock or any Indebtedness or (ii) as a result of changes in the market value of any Capital Stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. Holdings and the Borrower will not, and will not permit any of their respective the Subsidiaries to, enter into any Hedging Transaction, other than Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which Holdings, the Borrower or any of their respective Subsidiaries Subsidiary is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, each of Holdings and the Borrower acknowledge acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which Holdings, the Borrower or any of their respective the Subsidiaries is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock common stock or any Indebtedness or (ii) as a result of changes in the market value of any Capital Stock common stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. Holdings and the The Borrower will not, and will not permit any of their respective its Restricted Subsidiaries to, enter into any Hedging Transaction, other than Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which Holdings, the Borrower or any of their respective its Restricted Subsidiaries is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, Holdings and the Borrower acknowledge acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which Holdings, the Borrower or any of their respective its Restricted Subsidiaries is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock or any Indebtedness or (ii) as a result of changes in the market value of any Capital Stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. Holdings and the Borrower will shall not, and will shall not permit any of their respective Subsidiaries to, enter into any Hedging Transaction, other than Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which Holdings, the Borrower or any of their respective Subsidiaries is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, Holdings and the Borrower hereby acknowledge that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which Holdings, the Borrower or any of their respective Subsidiaries is is, or may become become, obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock or any Indebtedness or (ii) as a result of changes in the market value of any Capital Stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. Holdings and the The Borrower will not, and will not permit any of their respective the Subsidiaries to, enter into any Hedging Transaction, other than (a) Hedging Transactions required by Section 5.10 and (b) Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which Holdings, the Borrower or any of their respective Subsidiaries Subsidiary is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, Holdings and the Borrower acknowledge acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which Holdings, the Borrower or any of their respective the Subsidiaries is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock or any Indebtedness or (ii) as a result of changes in the market value of any Capital Stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. Holdings and the The Borrower will not, and will not permit any of their respective the Subsidiaries (other than Monetization Subsidiaries) to, enter into any Hedging Transaction, other than Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which Holdings, the Borrower or any of their respective Subsidiaries Subsidiary is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, Holdings and the Borrower acknowledge acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which Holdings, the Borrower or any of their respective the Subsidiaries is or may become obliged to make any payment (ia) in connection with the purchase by any third party of any Capital Stock common stock or any Indebtedness or (iib) as a result of changes in the market value of any Capital Stock common stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. Holdings and the Borrower will notNo Loan Party shall, and will not nor shall any Loan Party permit any of their respective its Subsidiaries to, enter into any Hedging Transaction, other than Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which Holdings, any of the Borrower Loan Parties or any Subsidiary of their respective Subsidiaries Parent is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, Holdings Borrower acknowledge on behalf of itself and the Borrower acknowledge other Loan Parties that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which Holdings, any of the Borrower Loan Parties or any Subsidiary of their respective Subsidiaries Parent is or may become obliged to make any payment (ia) in connection with the purchase by any third party of any Capital Stock Equity Securities or any Indebtedness or (iib) as a result of changes in the market value of any Capital Stock Equity Securities or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. Holdings and the Borrower Issuer will not, and will not permit any of their respective Subsidiaries to, enter into any Hedging Transaction, other than Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which Holdings, the Borrower Issuer or any of their respective Subsidiaries is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, Holdings and the Borrower Issuer acknowledge that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which Holdings, the Borrower Issuer or any of their respective Subsidiaries is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock or any Indebtedness or (ii) as a result of changes in the market value of any Capital Stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. Holdings and the The Borrower will not, and will not permit any of their respective Subsidiaries the Loan Parties to, enter into any Hedging Transaction, other than (a) Hedging Transactions required by Section 5.16, and (b) Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which Holdings, the Borrower or any of their respective Subsidiaries the Loan Parties is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, Holdings and the Borrower acknowledge acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which Holdings, the Borrower or any of their respective Subsidiaries the Loan Parties is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock or any Indebtedness Indebtedness, or (ii) as a result of changes in the market value of any Capital Stock or any IndebtednessStock) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. Holdings and the Borrower The Loan Parties will not, and will not permit any of their respective the Subsidiaries to, enter into any Hedging Transaction, other than (a) Hedging Transactions required by Section 5.13 and (b) Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which Holdings, the Borrower or any of their respective Subsidiaries Subsidiary is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, Holdings and the Borrower acknowledge acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which Holdings, the Borrower or any of their respective the Subsidiaries is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock or any Indebtedness or (ii) as a result of changes in the market value of any Capital Stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. Holdings and the Borrower The Borrowers will not, and will not permit any of their respective Subsidiaries Subsidiary to, enter into any Hedging Transaction, other than Hedging Transactions entered into with any Lender or any Affiliate of a Lender in the ordinary course of business to hedge or mitigate risks to which Holdings, the any Borrower or any of their respective Subsidiaries Subsidiary is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, Holdings and the each Borrower acknowledge acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which Holdings, the any Borrower or any of their respective the Subsidiaries is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock common stock or any Indebtedness or (ii) as a result of changes in the market value of any Capital Stock common stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. Holdings Parent and the Borrower will not, and will not permit any of their respective Subsidiaries to, enter into any Hedging Transaction, other than Hedging Transactions entered into by Parent or any of its Subsidiaries in the ordinary course of business to hedge or mitigate risks to which Holdings, the Borrower Parent or any of their respective its Subsidiaries is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, Holdings Parent and the Borrower acknowledge that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which Holdings, the Borrower Parent or any of their respective its Subsidiaries is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock or any Indebtedness or (ii) as a result of changes in the market value of any Capital Stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. Holdings The Parent and the Borrower will not, and will not permit any of their respective Subsidiaries Restricted Subsidiary to, enter into any Hedging Transaction, other than Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which Holdingsthe Parent, the Borrower or any Subsidiary of their respective Subsidiaries the Borrower is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, Holdings the Parent and the Borrower acknowledge that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which Holdingsthe Parent, the Borrower or any of their respective Subsidiaries Restricted Subsidiary is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock common stock or any Indebtedness or (ii) as a result of changes in the market value of any Capital Stock common stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. Holdings and the Borrower will notNo Loan Party will, and no Loan Party will not permit any of their respective Subsidiaries Subsidiary to, enter into any Hedging Transaction, other than Hedging Transactions (x) described in Section 7.18 or (y) entered into in the ordinary course of business to hedge or mitigate risks to which Holdings, the Borrower Loan Parties or any of their respective Subsidiaries is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, Holdings and the Borrower Borrowers acknowledge that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which Holdings, the Borrower any Loan Party or any Subsidiary of their respective Subsidiaries a Loan Party is or may become obliged to make any payment (ia) in connection with the purchase by any third party of any Capital Stock or any Indebtedness or (iib) as a result of changes in the market value of any Capital Stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. Holdings and the Borrower will not, and will not permit any of their respective its Subsidiaries to, enter into any Hedging Transaction, other than (a) Hedging Transactions required by Section 5.15 and (b) Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which Holdings, the Borrower or any of their respective its Subsidiaries is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, Holdings and the Borrower acknowledge acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which Holdings, the Borrower Holdings or any of their respective its Subsidiaries is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock or any Indebtedness or (ii) as a result of changes in the market value of any Capital Stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. Holdings and the The Borrower will not, and will not permit any of their respective the Subsidiaries to, enter into any Hedging Transaction, other than (a) Hedging Transactions required by Section 5.10 and (b) Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which Holdings, the Borrower or any of their respective Subsidiaries Subsidiary is exposed in the conduct of its business or the management of its liabilities. Solely for the avoidance of doubt, Holdings and the Borrower acknowledge acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which Holdings, the Borrower or any of their respective the Subsidiaries is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock common stock or any Indebtedness or (ii) as a result of changes in the market value of any Capital Stock common stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.

Hedging Transactions. Holdings and the The Borrower will not, and will not permit any of their respective the Subsidiaries to, enter into any Hedging Transaction, other than than: (i) Hedging Transactions entered into in the ordinary course of business to hedge or mitigate risks to which Holdings, the Borrower or any of their respective Subsidiaries Subsidiary is exposed in the conduct of its business or the management of its liabilitiesliabilities and (ii) the 2004 Convertible Debenture H▇▇▇▇▇. Solely for the avoidance of doubt, Holdings and the Borrower acknowledge acknowledges that a Hedging Transaction entered into for speculative purposes or of a speculative nature (which shall be deemed to include any Hedging Transaction under which Holdings, the Borrower or any of their respective the Subsidiaries is or may become obliged to make any payment (i) in connection with the purchase by any third party of any Capital Stock common stock or any Indebtedness or (ii) as a result of changes in the market value of any Capital Stock common stock or any Indebtedness) is not a Hedging Transaction entered into in the ordinary course of business to hedge or mitigate risks.