Qualifying Hedge Arrangements Sample Clauses

The Qualifying Hedge Arrangements clause defines the criteria under which certain hedging transactions are recognized as valid and compliant within the context of an agreement. Typically, this clause outlines the types of financial instruments or strategies that qualify as hedges, such as interest rate swaps or currency forwards, and may specify documentation or risk management requirements that must be met. Its core practical function is to ensure that only legitimate, risk-mitigating hedges are considered for regulatory, accounting, or contractual purposes, thereby preventing misuse and providing clarity for both parties.
Qualifying Hedge Arrangements. (a) The Security shall also secure all Obligations owing under or in respect of Qualifying Hedge Arrangements and the Qualifying Cash Management Arrangements. (b) Notwithstanding payment and performance in full of all of the Obligations (other than the obligations under the Qualifying Hedge Arrangement and the Qualifying Cash Management Arrangements), the Security shall continue to secure the Obligations of the Borrowers under all outstanding Qualifying Hedge Arrangements and all outstanding Qualifying Cash Management Arrangements and the Borrowers shall not be entitled to a discharge of the Security until all Qualifying Hedge Arrangements and all Qualifying Cash Management Arrangements have been terminated and all amounts, if any, owing by the Borrowers in respect thereof have been paid to the Lenders.
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Qualifying Hedge Arrangements. (a) The Security shall also secure all Obligations owing under or in respect of all Loan Documents including without limitation Qualifying Hedge Arrangements. For greater certainty, if a Lender has entered into a Qualifying Hedge Arrangement where such Lender thereafter ceases to have any outstanding Commitments hereunder, the obligations and amounts owing under such Qualifying Hedge Arrangement entered into and in effect at the time such Lender ceases to have any outstanding Commitments hereunder, shall, subject to Section 8.5(d), continue to be secured by the Security and shall continue to rank pari passu with all Obligations. (b) Notwithstanding payment and performance in full of all of the Obligations (other than the obligations under the Qualifying Hedge Arrangements), the Security shall continue to secure the Obligations of the Borrower and the Guarantors under all outstanding Qualifying Hedge Arrangements and the Credit Parties shall not be entitled to a discharge of the Security until all Qualifying Hedge Arrangements have been terminated and all amounts, if any, owing by the Borrower and each Guarantor in respect thereof have been paid to the relevant Lenders thereunder. (c) Upon request by the Administrative Agent, each Lender party to a Qualifying Hedge Arrangement shall provide the Administrative Agent and the Borrower within a reasonable period of time following such request its aggregate mark-to-market exposure and amounts outstanding under all Qualifying Hedge Arrangements from time to time. (d) Notwithstanding the rights of the Lenders that are party to Qualifying Hedge Arrangement to benefit from the Security and the application of payments in Section 12.8, all decisions, rights and benefits concerning the Loan Documents and the enforcement rights set out in the Loan Documents and pursuant to Applicable Laws shall be made by the Lenders having outstanding Commitments or, if the Commitments have been terminated, by the Lenders having outstanding Loans or the Required Lenders in accordance with this Agreement and the other Loan Documents. Each Lender party to a Qualifying Hedge Arrangement that no longer has any outstanding Commitment and that no longer has any Loans outstanding hereunder shall not have any right to participate in any decision or any right to influence the Loan Documents or the enforcement thereof as long as this Agreement and the other Loan Documents remain in force and any Commitment or Loans remain outstanding; provided t...
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Related to Qualifying Hedge Arrangements

  • 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.

  • Cash Management Arrangements Borrower shall cause all Rents to be transmitted directly by tenants of the Property into an Eligible Account (the “Clearing Account”) maintained by Borrower at a local bank selected by Borrower, which shall at all times be an Eligible Institution (the “Clearing Bank”) as more fully described in the Clearing Account Agreement. A form of tenant direction letter for such purpose is attached hereto as Schedule 1. Without in any way limiting the foregoing, all Rents received by Borrower or Manager shall be deposited into the Clearing Account within one (1) Business Day of receipt. Funds deposited into the Clearing Account shall be swept by the Clearing Bank on a daily basis into Borrower’s operating account at the Clearing Bank, unless a Cash Management Period is continuing, in which event such funds shall be swept on a daily basis into an Eligible Account at the Deposit Bank controlled by Lender (the “Deposit Account”) and applied and disbursed in accordance with this Agreement. Funds in the Deposit Account shall be invested at Lender’s discretion only in Permitted Investments. Lender will also establish subaccounts of the Deposit Account which shall at all times be Eligible Accounts (and may be ledger or book entry accounts and not actual accounts) (such subaccounts are referred to herein as “Subaccounts”). The Deposit Account and any Subaccount will be under the sole control and dominion of Lender, and Borrower shall have no right of withdrawal therefrom. Borrower shall pay for all expenses of opening and maintaining all of the above accounts.

  • 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.

  • Management Arrangements 9.1. The Management Arrangements set out the arrangements for the strategic management of the relationship between the Authority and the Contractor, including arrangements for monitoring of the Contractor’s compliance with the Statement of Requirements, the Service Levels, the Award Procedures and the terms of this Framework Agreement. 9.2. The Authority may by notice to the Contractor suspend the Contractor’s appointment to provide Services to Framework Public Bodies for a notified period of time: 9.2.1. if the Authority becomes entitled to terminate this Framework Agreement under clause 42 (Termination Rights) or 43 (Termination on Insolvency or Change of Control); or 9.2.2. in any other circumstance provided for in the Management Arrangements. 9.3. Suspension under clause 9.2 shall terminate upon cessation of all of any circumstances referred to in subclauses 9.2.1 and 9.2.2. 9.4. The Contractor must continue to perform existing Call-off Contracts during any period of suspension under clause 9.2.

  • 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.