This commitment agreement, other credit documents and all secure security contracts constitute the entire agreement of the parties who are here and on this subject and replaces all written or written prior agreements, if applicable, including letters of commitment or correspondence relating to this agreement of commitment, other credit documents, such a secure security agreement or transactions contemplated here and here. b) For similar reasons, swap and loan documents should normally be “united and collapse.” This means that the events of the failure should coincide between the two agreements. Since the loan is generally the most negotiated document, it is customary for typical default events in ISDA documentation to be deactivated and replaced by a cross-acceleration of the loan contract. However, if a circumstance may disappear before the swap, the parties must ensure that the ISDA delay events resume. There are two main risks that are often covered by a loan agreement: interest rate risks and currency risks. In both cases, swaps are almost all governed by sector derivatives published by the International Association of Swaps and Derivatives (ISDA). ISDA documentation usually consists of an ISDA masteragrement (the document at the level of the relationship between the borrower and the swap provider – which may be available before the financing transaction and used for other derivative transactions) and a confirmation (the trade-specific document that defines the economic terms of the hedging transaction). The terms of the swap themselves must be carefully considered. These issues should be considered at the same time as the negotiation of loan agreements (and not as a post-thinking). We have outlined the key issues that need to be addressed below. (a) the economic viability of the swap must be consistent with the loan, particularly with respect to the possible amortization of the loan (planned or extra-budgetary).
Loans or underutilization can pose risks to borrowers, lenders and swap providers and should be avoided. Notwithstanding other contrary provisions of This Article X, no agent is required to verify the payment of security obligations under the security provider or to have entered into other satisfactory agreements regarding guarantees, unless that agent has received written notification of such obligations, as well as the supporting documents that such an agent may require from the secure coverage provider concerned. Notwithstanding the above, obligations arising from guarantee agreements that constitute guaranteed obligations are excluded from the notification described above if the administrator has not received written notification on this matter, as well as the supporting documents that the administrator may require from the provider of secured warranty requests.