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This excerpt taken from the EYE 8-K filed Apr 3, 2007. 7.17 Hedging. (a) Within 90 days after the Closing Date (or such longer period as the Administrative Agent may agree), the Borrower shall obtain and thereafter maintain interest rate Swap Contracts with Persons reasonably acceptable to the Administrative Agent that result in not less than 50% of the sum of all Indebtedness for borrowed money outstanding (other than Revolving Credit Outstandings) being effectively subject to a fixed rate of interest reasonably acceptable to the Administrative Agent for a duration of at least two years after the Closing Date. (b) Maintain at all times foreign currency Swap Contracts reasonably acceptable to the Administrative Agent and covering no less than the six month period following any date of determination, which Swap Contracts are designed to hedge against fluctuations in foreign exchange rates and cover at least 40% (or such lower percentage as the Administrative Agent and the Borrower may mutually agree) of the pre-tax income denominated in euros and yen of the Borrower and its Subsidiaries. |
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