Common use of Actions in Respect of the Letters of Credit upon Default Clause in Contracts

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Paying Agent may, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Agent on behalf of the Lenders, in same day funds at the Collateral Agent's office designated in such demand, for deposit in the L/C Cash Collateral Account, an amount equal to the aggregate Available Amount of all Letters of Credit then outstanding. If at any time the Agent determines that any funds held in the L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents and the Lenders or that the total amount of such funds is less than the aggregate Available Amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Facility Agents, pay to the Collateral Agent, as additional funds to be deposited and held in the L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Available Amount over (b) the total amount of funds, if any, then held in the L/C Cash Collateral Account that the Facility Agents determine to be free and clear of any such right and claim.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Paying Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Agent on behalf of the Lenders, Lender Parties in same day funds at the Collateral Agent's office designated in such demand, for deposit in a cash collateral account, securing the L/C Cash Obligations of the Borrower in respect of the Letter of Credit Facility, in favor of the Collateral AccountAgent on terms and conditions satisfactory to the Administrative Agent, an amount equal to the aggregate Available Amount of all Letters of Credit then outstandingout standing. If at any time the Agent determines that any funds held in the L/C Cash Collateral Account such cash collateral account are subject to any right or claim of any Person other than the Agents Agent and the Lenders Lender Parties or that the total amount of such funds is less than the aggregate Available Amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Facility AgentsAgent, pay to the Collateral Agent, as additional funds to be deposited and held in the L/C Cash Collateral Accountsuch cash collateral account, an amount equal to the excess of (a) such aggregate Available Amount over (b) the total amount of funds, if any, then held in the L/C Cash Collateral Account such cash collateral account that the Facility Agents determine Administrative Agent determines to be free and clear of any such right and claim.. Upon the drawing of any Letter of Credit for which funds are on deposit in such cash collateral account, such funds shall be applied to reimburse the Issuing Bank or Lenders, as applicable, to the extent permitted by applicable law. 80 85

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Paying Administrative Agent may, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower Borrowers to, and forthwith upon such demand the Borrower Borrowers will, pay to the Collateral Administrative Agent on behalf of the Lenders, Lenders in same day funds at the Collateral Administrative Agent's office designated in such demandOffice, for deposit in the relevant L/C Cash Collateral Account, an amount equal to the aggregate Available Amount of all Letters of Credit then outstanding, which funds shall be retained by the Administrative Agent in the relevant L/C Collateral Account as collateral security for the Letter of Credit Liabilities until such time as the Letters of Credit shall have been terminated and all of such Letter of Credit Liabilities paid in full. If at any time the Administrative Agent determines that any funds held in the relevant L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents Administrative Agent and the Lenders or that the total amount of such funds is less than the aggregate Available Amount of all Letters of Credit, the Borrower Borrowers will, forthwith upon demand by the Facility AgentsAdministrative Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the relevant L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Available Amount over (b) the total amount of funds, if any, then held in the such L/C Cash Collateral Account that the Facility Agents determine Administrative Agent determines to be free and clear of any such right and claim.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Paying Administrative Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Agent on behalf of the Lenders, Lender Parties in same day funds at the Collateral Agent's ’s office designated in such demand, for deposit in the L/C Cash Collateral Deposit Account, an amount equal to the aggregate Reserved Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent or the Collateral Agent determines that any funds held in the L/C Cash Collateral Deposit Account are subject to any right or claim of any Person other than the Agents and the Lenders Lender Parties or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Facility AgentsAdministrative Agent or the Collateral Agent, pay to the Collateral Agent, as additional funds to be deposited and held in the L/C Cash Collateral Deposit Account, an amount equal to the excess of (a) such aggregate Reserved Available Amount over (b) the total amount of funds, if any, then held in the L/C Cash Collateral Deposit Account that the Facility Agents determine Administrative Agent or the Collateral Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Deposit Account, such funds shall be applied to reimburse the Issuing Bank or Revolving Credit Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Paying Administrative Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Agent on behalf of the Lenders, Lender Parties in same day funds at the Collateral Agent's office designated in such demand, for deposit in the L/C Cash Collateral Deposit Account, an amount equal to the aggregate Reserved Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent or the Collateral Agent determines that any funds held in the L/C Cash Collateral Deposit Account are subject to any right or claim of any Person other than the Agents and the Lenders Lender Parties or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Facility AgentsAdministrative Agent or the Collateral Agent, pay to the Collateral Agent, as additional funds to be deposited and held in the L/C Cash Collateral Deposit Account, an amount equal to the excess of (a) such aggregate Reserved Available Amount over (b) the total amount of funds, if any, then held in the L/C Cash Collateral Deposit Account that the Facility Agents determine Administrative Agent or the Collateral Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds 70 are on deposit in the Deposit Account, such funds shall be applied to reimburse the Issuing Bank or Revolving Credit Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Paying Administrative Agent may, irrespective of whether it is taking any of the actions described in Section 6.01 7.01 or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Administrative Agent on behalf of the Lenders, Lenders in same day funds at the Collateral Administrative Agent's office designated in such demandAccount, for deposit in a segregated account held by the L/C Cash Collateral AccountAdministrative Agent, an amount equal to the aggregate Available Amount of all Letters of Credit then outstanding, which funds shall be retained by the Administrative Agent as collateral security for the Letter of Credit Liabilities until such time as the Letters of Credit shall have been terminated and all of such Letter of Credit Liabilities paid in full. If at any time the Administrative Agent determines that any funds so segregated and held in the L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents Administrative Agent and the Lenders or that the total amount of such funds is less than the aggregate Available Amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Facility AgentsAdministrative Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the L/C Cash Collateral Accountsuch segregated account, an amount equal to the excess of (a) such aggregate Available Amount over (b) the total amount of funds, if any, then segregated and held in the L/C Cash Collateral Account that the Facility Agents determine Administrative Agent determines to be free and clear of any such right and claim.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Paying Administrative Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower Company to, and forthwith upon such demand the Borrower Company will, pay to the Collateral Administrative Agent on behalf of the Lenders, Lender Parties in same day funds at the Collateral Administrative Agent's office designated in such demand, for deposit in the L/C Cash Collateral Account, an amount equal to the aggregate Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent reasonably determines that any funds held in the L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents Administrative Agent and the Lenders Secured Parties or that the total amount of such funds is less than the aggregate Available Amount of all Letters of Credit, the Borrower Company will, forthwith upon demand by the Facility AgentsAdministrative Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Available Amount over (b) the total amount of funds, if any, then held in the L/C Cash Collateral Account that the Facility Agents determine Administrative Agent reasonably determines to be free and clear of any such right and claim.. Upon the drawing of any Letter of Credit for which funds are on deposit in the L/C Cash Collateral Account, such funds shall be applied, to the extent permitted under applicable law, to reimburse the Issuing Bank or the Lenders, as applicable. THE AGENTS

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Paying Administrative Agent may, or shall at the request of the Requisite Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 8.1 or otherwise, make demand upon the Borrower Company to, and forthwith upon such demand the Borrower Company will, pay to the Collateral Agent on behalf of the Lenders, Lender Parties in same day funds at the Collateral Agent's ’s office designated in such demand, for deposit in the L/C Cash Collateral Account, an amount equal to the aggregate Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent or Collateral Agent determines that any funds held in the L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents and the Lenders Lender Parties or that the total amount of such funds is less than the aggregate Available Amount of all Letters of Credit, the Borrower Company will, forthwith upon demand by the Facility AgentsAdministrative Agent or Collateral Agent, pay to the Collateral Agent, as additional funds to be deposited and held in the L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Available Amount over (b) the total amount of funds, if any, then held in the L/C Cash Collateral Account that Administrative Agent or Collateral Agent, as the Facility Agents determine case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the L/C Cash Collateral Account, such funds shall be applied to reimburse the Issuing Banks or Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default or, during the Certain Funds Period, Relevant Event of Default shall have occurred and be continuing, the Paying Administrative Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Administrative Agent on behalf of the Lenders, Lender Parties in same day funds at the Collateral Administrative Agent's office designated in such demand, for deposit in the L/C Cash Collateral Account, an amount equal to the aggregate Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent determines that any funds held in the L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents Administrative Agent and the Lenders Lender Parties or that the total amount of such funds is less than the aggregate Available Amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Facility AgentsAdministrative Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Available Amount over (b) the total amount of funds, if any, then held in the L/C Cash Collateral Account that the Facility Agents determine Administrative Agent determines to be free and clear of any such right and claim.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Paying Agent may, or shall at the request of the Required Banks, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower Company to, and forthwith upon such demand the Borrower Company will, pay to the Collateral Agent on behalf of the Lenders, Banks in same day funds at the Collateral Agent's office designated in such demand, for deposit in the L/C Cash Collateral Account, an amount equal to the aggregate Available Amount of all Letters of Credit then outstanding. If at any time the Agent determines that any funds held in the L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents and the Lenders Banks or that the total amount of such funds is less than the aggregate Available Amount of all Letters of Credit, the Borrower Company will, forthwith upon demand by the Facility AgentsAgent, pay to the Collateral Agent, as additional funds to be deposited and held in the L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Available Amount over (b) the total amount of funds, if any, then held in the L/C Cash Collateral Account that the Facility Agents determine Agent determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the L/C Cash Collateral Account, such funds shall be applied to reimburse the relevant Funding Bank ratably in accordance with the aggregate Exposure at such time, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Paying Administrative Agent maymay from time to time, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 7.01 or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Administrative Agent on behalf of the Lenders, Lender Parties in same day funds at the Collateral Administrative Agent's ’s office designated in such demand, for deposit in to a non-interest bearing account established by the Administrative Agent for such purposes or for purposes of Sections 2.05(b)(iv), 2.05(c) or 3.01 or (the “L/C Cash Collateral Account”), an amount equal to the aggregate Available Amount of all Letters of Credit then outstandingoutstanding (and the Borrower hereby grants to the Administrative Agent, for the ratable benefit of the Administrative Agent and each Lender Party, a continuing security interest in all amounts at any time on deposit in the L/C Cash Collateral Account to secure all Letter of Credit Obligations from time to time outstanding and all other Obligations hereunder). If at any time the Administrative Agent determines that any funds held in the L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents Administrative Agent and the Lenders Lender Parties or that the total amount of such funds is less than the aggregate Available Amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Facility AgentsAdministrative Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Available Amount over (b) the total amount of funds, if any, then held in the L/C Cash Collateral Account that the Facility Agents determine Administrative Agent determines to be free and clear of any such right and claim.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Paying Administrative Agent may, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower Borrowers to, and forthwith upon such demand the Borrower Borrowers will, pay to the Collateral Administrative Agent on behalf of the Lenders, Lenders in same day funds at the Collateral Administrative Agent's office designated in such demand, for deposit in the L/C Cash Collateral Account, an amount equal to the aggregate Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent determines that any funds held in the L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents Administrative Agent and the Lenders or that the total amount of such funds is less than the aggregate Available Amount of all Letters of Credit, the Borrower Borrowers will, forthwith upon demand by the Facility AgentsAdministrative Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Available Amount over (b) the total amount of funds, if any, then held in the L/C Cash Collateral Account that the Facility Agents determine Administrative Agent determines to be free and clear of any such right and claim.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Paying Administrative Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 or 2.18(e) or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Administrative Agent on behalf of the Lenders, Lender Parties in same day funds at the Collateral Administrative Agent's ’s office designated in such demand, for deposit in the L/C Cash Collateral Account, an amount equal to the aggregate Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent or the Issuing Bank determines that any funds held in the L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents Administrative Agent and the Lenders Lender Parties with respect to the Obligations of the Loan Parties under the Loan Documents, or that the total amount of such funds is less than the aggregate Available Amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Facility AgentsAdministrative Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Available Amount over (b) the total amount of funds, if any, then held in the L/C Cash Collateral Account that the Facility Agents determine Administrative Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Cash Collateral Account, such funds shall be applied to reimburse the relevant Issuing Bank or Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Paying Administrative Agent may, irrespective of whether it is taking any of the actions described in Section 6.01 7.01 or otherwise, make demand upon the Borrower Company to, and forthwith upon such demand the Borrower Company will, pay to the Collateral Administrative Agent on behalf of the Lenders, Lenders in same day funds at the Collateral Administrative Agent's office designated in such demandAccount, for deposit in the L/C Cash Collateral Account, an amount equal to the aggregate Available Amount of all Letters of Credit then outstanding, which funds shall be retained by the Administrative Agent in the L/C Collateral Account as collateral security for the Letter of Credit Liabilities until such time as the Letters of Credit shall have been terminated and all of such Letter of Credit Liabilities paid in full. If at any time the Administrative Agent determines that any funds held in the L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents Administrative Agent and the Lenders or that the total amount of such funds is less than the aggregate Available Amount of all Letters of Credit, the Borrower Company will, forthwith upon demand by the Facility AgentsAdministrative Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Available Amount over (b) the total amount of funds, if any, then held in the L/C Cash Collateral Account that the Facility Agents determine Administrative Agent determines to be free and clear of any such right and claim.

Actions in Respect of the Letters of Credit upon Default. If -------------------------------------------------------- any Event of Default shall have occurred and be continuing, the Paying Administrative Agent may, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Administrative Agent on behalf of the Lenders, Lenders in same day funds at the Collateral Administrative Agent's office designated in such demandOffice, for deposit in the relevant L/C Cash Collateral Account, an amount equal to the aggregate Available Amount of all Letters of Credit then outstanding, which funds shall be retained by the Administrative Agent in the relevant L/C Collateral Account as collateral security for the Letter of Credit Liabilities until such time as the Letters of Credit shall have been terminated and all of such Letter of Credit Liabilities paid in full. If at any time the Administrative Agent determines that any funds held in the relevant L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents Administrative Agent and the Lenders or that the total amount of such funds is less than the aggregate Available Amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Facility AgentsAdministrative Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the relevant L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Available Amount over (b) the total amount of funds, if any, then ---- held in the such L/C Cash Collateral Account that the Facility Agents determine Administrative Agent determines to be free and clear of any such right and claim.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Paying Administrative Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Agent on behalf of the Lenders, Lender Parties in same day funds at the Collateral Agent's office designated in such demand, for deposit in the L/C Cash Collateral Deposit Account, an amount equal to the aggregate Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent or the Collateral Agent determines that any funds held in the L/C Cash Collateral Deposit Account are subject to any right or claim of any Person other than the Agents and the Lenders Lender Parties or that the total amount of such funds is less than the aggregate Available Amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Facility AgentsAdministrative Agent or the Collateral Agent, pay to the Collateral Agent, as additional funds to be deposited and held in the L/C Cash Collateral Deposit Account, an amount equal to the excess of (a) such aggregate Available Amount over (b) the total amount of funds, if any, then held in the L/C Cash Collateral Deposit Account that the Facility Agents determine Administrative Agent or the Collateral Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Deposit Account, such funds shall be applied to reimburse the Issuing Bank or Revolving Credit Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Paying Administrative Agent may, or shall at the request of the Requisite Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 8.1 or otherwise, make demand upon the Borrower Company to, and forthwith upon such demand the Borrower Company will, pay to the Collateral Agent on behalf of the Lenders, Lender Parties in same day funds at the Collateral Agent's office designated in such demand, for deposit in the L/C Cash Collateral Account, an amount equal to the aggregate Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent or Collateral Agent determines that any funds held in the L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents and the Lenders Lender Parties or that the total amount of such funds is less than the aggregate Available Amount of all Letters of Credit, the Borrower Company will, forthwith upon demand by the Facility AgentsAdministrative Agent or Collateral Agent, pay to the Collateral Agent, as additional funds to be deposited and held in the L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Available Amount over (b) the total amount of funds, if any, then held in the L/C Cash Collateral Account that Administrative Agent or Collateral Agent, as the Facility Agents determine case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the L/C Cash Collateral Account, such funds shall be applied to reimburse the Issuing Banks or Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Paying Administrative Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 6.01, Section 20 of the Security Agreement or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Administrative Agent on behalf of the Lenders, Lender Parties in same day funds at the Collateral Administrative Agent's ’s office designated in such demand, for deposit in the L/C Cash Collateral Account, an amount equal to the aggregate Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent or an Issuing Bank determines that any funds held in the L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents and the Lenders Lender Parties with respect to the Obligations of the Loan Parties under the Loan Documents, or that the total amount of such funds is less than the aggregate Available Amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Facility AgentsAdministrative Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Available AMERICAS/2023134647.11 95 Amount over (b) the total amount of funds, if any, then held in the L/C Cash Collateral Account that the Facility Agents determine Administrative Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the L/C Cash Collateral Account, such funds shall be applied to reimburse the applicable Issuing Bank or Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Paying Administrative Agent may, or shall at the request of the Required Revolving Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the any Borrower to, and forthwith upon such demand the Applicableapplicable Borrower will, pay to the Collateral Administrative Agent on behalf of the Lenders, Lender Parties in same day funds at the Collateral Administrative Agent's ’s office designated in such demand, for deposit in the L/C Cash Collateral Account, an amount equal to 105% of the aggregate Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent determines that any funds held in the L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents Administrative Agent and the Lenders Lender Parties or that the total amount of such funds is less than the aggregate Available Amount of all Letters of Credit, the Applicableapplicable Borrower will, forthwith upon demand by the Facility AgentsAdministrative Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Available Amount over (b) the total amount of funds, if any, then held in the L/C Cash Collateral Account that the Facility Agents determine Administrative Agent determines to be free and clear of any such right and claim.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Paying Administrative Agent may, and upon the request of the Required Lenders shall, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower Company to, and forthwith upon such demand the Borrower Company will, pay to the Collateral Administrative Agent on behalf of the Lenders, Lender Parties in same day funds at the Collateral Administrative Agent's ’s office designated in such demand, for deposit in the L/C Cash Collateral Account, an amount equal to the aggregate Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent determines that any funds held in the L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents Administrative Agent and the Lenders Lender Parties or that the total amount of such funds is less than the aggregate Available Amount of all Letters of Credit, the Borrower Company will, forthwith upon demand by the Facility AgentsAdministrative Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Available Amount over (b) the total amount of funds, if any, then held in the L/C Cash Collateral Account that the Facility Agents determine Administrative Agent determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the L/C Cash Collateral Account, such funds shall be applied to reimburse the Issuing Bank or Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Paying Administrative Agent may, or shall at the request of the Majority Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 8.2 or otherwise, make demand upon the Borrower EnergySolutions to, and forthwith upon such demand the Borrower EnergySolutions will, pay to the Collateral Administrative Agent on behalf of the Lenders, Lender Parties in same day funds at the Collateral Administrative Agent's ’s office designated in such demand, for deposit in the L/C Cash Collateral Account, an amount equal to the aggregate Available Amount of all Revolving Letters of Credit then outstanding. If at any time the Administrative Agent determines that any funds held in the L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents and the Lenders Lender Parties or that the total amount of such funds is less than the aggregate Available Amount of all Revolving Letters of Credit, the Borrower EnergySolutions will, forthwith upon demand by the Facility AgentsAdministrative Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Available Amount over (b) the total amount of funds, if any, then held in the L/C Cash Collateral Account that the Facility Agents determine Administrative Agent determines to be free and clear of any such right and claim. Upon the drawing of any Revolving Letter of Credit for which funds are on deposit in the L/C Collateral Account, such funds shall be applied to reimburse the Revolving Issuing Bank or Revolving Lenders, as applicable, to the extent permitted by Applicable Law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Paying Agent may, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower Borrowers to, and forthwith upon such demand the Borrower Borrowers will, pay to the Collateral Agent on behalf of the Lenders, Lenders in same day funds at the Collateral Agent's office designated in such demandOffice, for deposit in the relevant L/C Cash Collateral Account, an amount equal to the aggregate Available Amount of all Letters of Credit then outstanding, which funds shall be retained by the Agent in the relevant L/C Collateral Account (as provided therein as collateral security for the Letter of Credit Liabilities) until such time as the Letters of Credit shall have been terminated and all of such Letter of Credit Liabilities paid in full. If at any time the Agent determines that any funds held in the relevant L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents Agent and the Lenders Credit Agreement ---------------- or that the total amount of such funds is less than the aggregate Available Amount of all Letters of Credit, the Borrower Borrowers will, forthwith upon demand by the Facility AgentsAgent, pay to the Collateral Agent, as additional funds to be deposited and held in the relevant L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Available Amount over (b) the total amount of funds, if any, then held in the such L/C Cash Collateral Account that the Facility Agents determine Agent determines to be free and clear of any such right and claim.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Paying each Administrative Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower Borrowers to, and forthwith upon such demand the Borrower Borrowers will, pay to the Collateral Agent Administrative Agents on behalf of the Lenders, Lender Parties in same day funds at the Collateral Administrative Agent's office designated in such demand’s Offices, for deposit in the L/C Cash Collateral AccountAccounts, an amount equal to 103% of the aggregate Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent under any Revolving Credit Facility determines that any funds held in the L/C Cash Collateral Account with respect to such Revolving Credit Facility are subject to any right or claim of any Person other than the Agents such Administrative Agent and the Lenders Lender Parties under such Revolving Credit Facility or that the total amount of such funds is less than the aggregate Available Amount of all Letters of CreditCredit under such Revolving Credit Facility, the Borrower Borrowers under such Revolving Credit Facility will, forthwith upon demand by the Facility Agentssuch Administrative Agent, pay to the Collateral such Administrative Agent, as additional funds to be deposited and held in the such L/C Cash Collateral Account, an amount equal to 103% of the excess of (a) such aggregate Available Amount over (b) the total amount of funds, if any, then held in the such L/C Cash Collateral Account that the Facility Agents determine such Administrative Agent determines to be free and clear of any such right and claim.

Actions in Respect of the Letters of Credit upon Default. If any Working Capital Facility Event of Default shall have occurred and be continuing, the Paying Administrative Agent may, or shall at the request of the Required Working Capital Facility Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Administrative Agent on behalf of the Lenders, Lender Parties under the Working Capital Facility in same day funds at the Collateral Administrative Agent's office designated in such demand, for deposit in the L/C Cash Collateral Account, an amount equal to the aggregate Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent determines that any funds held in the L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents Administrative Agent and the Lenders such Lender Parties or that the total amount of such funds is less than the aggregate Available Amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Facility AgentsAdministrative Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Available Amount over (b) the total amount of funds, if any, then held in the L/C Cash Collateral Account that the Facility Agents determine Administrative Agent determines to be free and clear of any such right and claim.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Paying Agent Majority Lenders may, irrespective of whether it is they are taking any of the other actions described in Section 6.01 this Article 10 or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Administrative Agent on behalf for the benefit of the Lenders, Lenders in same day funds at the Collateral Agent's office designated in such demandaccordance with Section 2.14, for deposit in the L/C Cash Collateral Accounta cash collateral account, an amount equal to the aggregate Available Amount face amount of all Letters of Credit then outstanding. If at any time the Agent determines Majority Lenders determine that any funds held in the L/C Cash Collateral Account any such cash collateral account are subject to any right or claim of any Person other than the Agents and the Lenders or that the total amount of such funds is less than the aggregate Available Amount face amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Facility AgentsAdministrative Agent or the Majority Lenders, pay to the Collateral AgentAdministrative Agent for the benefit of the Lenders, as additional funds to be deposited and held in the L/C Cash Collateral Accountsuch cash collateral account, an amount equal to the excess of (a) such the aggregate Available Amount face amount of the then outstanding Letters of Credit over (b) the total amount of funds, if any, then held in the L/C Cash Collateral Account such cash collateral account that the Facility Agents Majority Lenders determine to be free and clear of any such right and claim.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Paying Appropriate Administrative Agent may, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower Borrowers to, and forthwith upon such demand the Borrower Borrowers will, pay to the Collateral Appropriate Administrative Agent on behalf of the Lenders, Lenders in same day funds at the Collateral Administrative Agent's office designated in such demand, for deposit in a non-interest bearing cash collateral account in the name of such Borrower but under the sole control and dominion of the Appropriate Administrative Agent and subject to the terms of this Agreement (the "L/C Cash Collateral Account"), an amount equal to the aggregate Available Amount of all Letters of Credit then outstanding. If at any time the Appropriate Administrative Agent determines that any funds held in the L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents and the Lenders or that the total amount of such funds is less than the aggregate Available Amount of all Letters of Credit, the such Borrower will, forthwith upon demand by the Facility Agentssuch Administrative Agent, pay to the Collateral such Administrative Agent, as additional funds to be deposited and held in the L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Available Amount over (b) the total amount of funds, if any, then held in the L/C Cash Collateral Account that the Facility Agents determine such Administrative Agent determines to be free and clear of any such right and claim.