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This excerpt taken from the FTWR 8-K filed Nov 15, 2006. “Guarantor” means each
Domestic Restricted Subsidiary on the date of this Indenture, and each other
Domestic Restricted Subsidiary that executes a Note Guarantee in accordance
with the provisions of this Indenture, in each case, together with their
respective successors and
14 assigns, unless and until the Note Guarantee of such Person has been released in accordance with the provisions of this Indenture. “Hedging Obligations” means, with respect to any specified Person, the obligations of such Person incurred in the ordinary course of business to protect against interest rate and foreign currency exchange rate fluctuations, under: (1) interest rate swap agreements, interest rate cap agreements and interest rate collar agreements; (2) other agreements or arrangements designed to manage interest rates or interest rate risk; and (3) other agreements or arrangements designed to protect such Person against fluctuations in currency exchange rates or commodity prices. |
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