Acceleration of Undrawn Amounts. Should the Administrative Agent demand payment of the Obligations hereunder prior to the Maturity Date pursuant to Section 11.02, the Administrative Agent, by written notice to the Borrower Parties, may take one or both of the following actions: (i) declare the obligation of the Letter of Credit Issuer to issue Letters of Credit hereunder terminated, whereupon such obligations shall forthwith terminate without any other notice of any kind; or (ii) declare the Letter of Credit Liability to be forthwith due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby waived, and demand that the Borrower Parties pay to the Administrative Agent for deposit in a segregated interest bearing Cash Collateral Account, as security for the Obligations, an amount equal to the aggregate undrawn stated amount of all Letters of Credit then outstanding at the time such notice is given. Unless otherwise required by applicable Law, upon the full and final payment of the Obligations, the Administrative Agent shall return to the Borrower Parties any amounts remaining in said Cash Collateral Account.
Acceleration of Undrawn Amounts. Should the Administrative Agent demand payment of the Obligations hereunder prior to the Maturity Date pursuant to Section 10.2, the Administrative Agent, by written notice to the Borrowers, may take one or both of the following actions: (i) declare the obligation of the Letter of Credit Issuer to issue Letters of Credit hereunder terminated, whereupon such obligations shall forthwith terminate without any other notice of any kind; or (ii) declare the outstanding Letter of Credit Liability to be forthwith due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby waived and demand that the Borrowers Cash Collateralize, as security for the Obligations, an amount equal to the Minimum Collateral Amount at the time such notice is given and cancel (or require any beneficiary to cancel) any previously issued Letter of Credit. Unless otherwise required by law, upon the full and final payment of the Obligations, the Administrative Agent shall return to the Borrowers any amounts remaining in said cash collateral account.
Acceleration of Undrawn Amounts. Should the Administrative Agent demand payment of the Facility Obligations hereunder prior to the Maturity Date pursuant to Section 10.2, the Administrative Agent, by written notice to the Borrowers, may take one or both of the following actions: (i) declare the obligation of the Letter of Credit Issuer to issue Letters of Credit hereunder terminated, whereupon such obligations shall forthwith terminate without any other notice of any kind; or (ii) declare the Letter of Credit Liability to be forthwith due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby waived, and demand that the Borrowers Cash Collateralize, as security for the Obligations, an amount equal to the Minimum Collateral Amount at the time such notice is given. Unless otherwise required by Applicable Law, upon the full and final payment of the Obligations and all Letters of Credit have expired or been fully drawn upon or Cash Collateralized in an amount equal to or greater than the Minimum Collateral Amount (other than Obligations in respect of a Lender Hedge Agreement that have been cash collateralized or otherwise satisfied pursuant to Section 2.16(h)), the Administrative Agent shall return to the Borrowers any amounts remaining in said Cash Collateral Account.
Acceleration of Undrawn Amounts. Should Lender demand payment of the Obligations hereunder following a Forbearance Default prior to the Tranche D Termination Date, Lender, by written notice to Guarantor, may take one or more of the following actions: (i) declare any obligation of Lender to issue Letters of Credit hereunder terminated, whereupon any such obligations shall forthwith terminate without any other notice of any kind; or (ii) declare the outstanding Letter of Credit Exposure to be forthwith due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby waived, and demand that Guarantor and the Borrowers pay to Lender for deposit in a segregated non interest-bearing cash collateral account, as security for the Obligations, an amount equal to the Letters of Credit Exposure then outstanding at the time such notice is given. Unless otherwise required by law, upon the full and final payment of the Obligations, Lender shall return to Guarantor, for the benefit of the Borrowers, any amounts remaining in said cash collateral account.
Acceleration of Undrawn Amounts. Should the Administrative Agent demand payment of the Obligations hereunder prior to or upon the occurrence of the Maturity Date pursuant to Section 10.2 hereof, the Administrative Agent, by written notice to the Borrowers, may take one or more of the following actions: (i) declare the obligation of the Letter of Credit Issuer to issue Letters of Credit hereunder terminated, whereupon such obligation shall forthwith terminate without any other notice of any kind; or (ii) declare the outstanding Letter of Credit Liability to be forthwith due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby waived, and demand that each Borrower Cash Collateralize, as security for its Obligations, an amount equal to the aggregate undrawn stated amount of all Letters of Credit issued for the account of such Borrower and outstanding at the time such notice is given. Unless otherwise required by law, upon the full and final payment of the outstanding Obligations and expiry or termination of all Letters of Credit, the Administrative Agent shall return to each such Borrower its ratable share of any amounts remaining in the applicable cash collateral account. USActive 58236919.3 -52-
Acceleration of Undrawn Amounts. Should Lender demand payment of the Obligations hereunder prior to the Maturity Date pursuant to Section 10.2, Lender, by written notice to Borrowers, may: (i) declare the obligation of Lender to issue Letters of Credit hereunder terminated, whereupon such obligations shall forthwith terminate without any other notice of any kind; and (ii) declare the Letter of Credit Liability to be forthwith due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby waived, and demand that Borrowers Cash Collateralize, as security for the Obligations, an amount equal to the Letter of Credit Liability at the time such notice is given. Unless otherwise required by Applicable Law, upon the full and final payment of the Obligations, Lender shall return to Borrowers any amounts remaining in said cash collateral account.
Acceleration of Undrawn Amounts. Should a Cash Collateral Call Event occur with respect to the Letter of Credit, the Administrative Agent, by written notice to the Company, may, and at the direction of the Determining Lenders, shall demand that the Company pay to the Administrative Agent (for the Pro Rata benefit of the Lenders) for deposit in a segregated Cash Collateral Account, an amount equal to the Available Amount under the Letter of Credit (the "CASH COLLATERAL"), as security for the Obligation related to the Letter of Credit under SECTION 3.1 hereof, whereupon such amount shall forthwith be due and payable, without presentment, demand, protest or any other notice of any kind, all of which are hereby expressly waived by the Company. The Cash Collateral Account shall be assigned to the Administrative Agent (for the Pro Rata benefit of the Lenders) pursuant to the Assignment of Cash Collateral Account which shall be executed and delivered by the Company concurrently with the deposit of the Cash Collateral in the Cash Collateral Account. Furthermore, the Company shall promptly execute and deliver to the Administrative Agent, such other security agreements, pledge agreements, assignments, financing statements and amendments and modifications thereto in form and substance satisfactory to the Administrative Agent, as the Administrative Agent may reasonably require from time to time for the purpose of granting to, or maintaining or perfecting in favor of the Administrative Agent perfected Liens in the Cash Collateral and the Cash Collateral Account, together with other assurances of the enforceability, perfection and priority of the Administrative Agent's Liens as the Administrative Agent may reasonably require to avoid material impairment of the Liens granted or purported to be granted pursuant to this SECTION 3.8. The Cash Collateral held in the Cash Collateral Account may be invested and reinvested from time to time in Permitted Investments as the Company shall determine, which Permitted Investments shall be held in the name of the Administrative Agent (for the Pro Rata benefit of the Lenders), for the benefit of the Company. The tax identification number used in connection with each such Permitted Investment shall be that of the Company. Cash Collateral paid into or held in the Cash Collateral Account with respect to the Letter of Credit (including any Permitted Investments acquired or invested in with such Cash Collateral or allocable to the Letter of Credit), which are in excess of ...
