Common use of Allocation of Cash Collateral Among Deposit Takers Clause in Contracts

Allocation of Cash Collateral Among Deposit Takers. Funds received by Agent from NAI as Cash Collateral will be allocated for deposit among the Deposit Takers as follows: first, to the extent possible the funds will be allocated as required to rectify and prevent any Collateral Imbalance; and second, the funds will be allocated to the Deposit Taker for BNPLC, unless the Deposit Taker for BNPLC has become a Disqualified Deposit Taker, in which case the funds will be allocated to other Deposit Takers who are not Disqualified Deposit Takers as Agent deems appropriate. Further, if for any reason a Collateral Imbalance is determined by Agent to exist, Agent shall, as required to rectify or mitigate the Collateral Imbalance, promptly reallocate Collateral among Deposit Takers by withdrawing Cash Collateral from some Accounts and redepositing it in other Accounts. (If any party to this Agreement believes that the Value of the Accounts held by a particular Deposit Taker causes a Collateral Imbalance to exist, that party will promptly notify BNPLC, NAI and Agent.) Subject to the foregoing, and provided that Agent does not thereby create or exacerbate a Collateral Imbalance, Agent may withdraw and redeposit Cash Collateral in order to reallocate the same among Deposit Takers from time to time as Agent deems appropriate. For purposes of illustration only, examples of the allocations required by this Section are set forth in ATTACHMENT 5.

Allocation of Cash Collateral Among Deposit Takers. Funds received by Agent BNPPLC from NAI LRC as Cash Collateral will be allocated for deposit among the Deposit Takers (other than Disqualified Deposit Takers) as follows: first, to the extent possible the funds will be allocated as required to rectify and prevent any Collateral Imbalance; and second, the funds will be allocated to the Deposit Taker for BNPLCBNPPLC, unless the Deposit Taker for BNPLC BNPPLC has become a Disqualified Deposit Taker, in which case the funds will be allocated to other Deposit Takers who are not Disqualified Deposit Takers as Agent BNPPLC deems appropriate. Further, if for any reason a Collateral Imbalance is determined by Agent BNPPLC to exist, Agent BNPPLC shall, as required to rectify or mitigate the Collateral Imbalance, promptly reallocate Collateral among Deposit Takers by withdrawing Cash Collateral from some Deposit Accounts and redepositing it in other AccountsDeposit Accounts or by transferring Cash Collateral directly from some Deposit Accounts to others; except as otherwise provided in subparagraph 3(B). (If any either party to this Agreement believes that the Value of the Deposit Accounts held by a particular Deposit Taker causes a Collateral Imbalance to exist, that party will promptly notify BNPLC, NAI the other party to this Agreement and Agentthe Participants.) Subject to the foregoing, and provided that Agent BNPPLC does not thereby create or exacerbate a any Collateral ImbalanceImbalance which is not excused by subparagraph 3(B), Agent BNPPLC may withdraw and redeposit Cash Collateral or cause it to be transferred directly from one Deposit Account to another in order to reallocate the same among Deposit Takers from time to time as Agent BNPPLC deems appropriate. For purposes of illustration only, examples of the allocations required by this Section subparagraph are set forth in ATTACHMENT 5.Exhibit B.

Allocation of Cash Collateral Among Deposit Takers. Funds -------------------------------------------------- received by Agent from NAI Extreme as Cash Collateral will be allocated for deposit among the Deposit Takers as follows: first, to the extent possible the funds will be allocated as required ----- to rectify and prevent any Collateral Imbalance; and second, the funds will be allocated to the Deposit Taker for BNPLC, ------ unless the Deposit Taker for BNPLC has become a Disqualified Deposit Taker, in which case the funds will be allocated to other Deposit Takers who are not Disqualified Deposit Takers as Agent deems appropriate. Further, if for any reason a Collateral Imbalance is determined by Agent to exist, Agent shall, as required to rectify or mitigate the Collateral Imbalance, promptly reallocate Collateral among Deposit Takers by withdrawing Cash Collateral from some Accounts and redepositing it in other Accounts. (If any party to this Agreement believes that the Value of the Accounts held by a particular Deposit Taker causes a Collateral Imbalance to exist, that party will promptly notify BNPLC, NAI Extreme and Agent.) Subject to the foregoing, and provided that Agent does not thereby create or exacerbate a Collateral Imbalance, Agent may withdraw and redeposit Cash Collateral in order to reallocate the same among Deposit Takers from time to time as Agent deems appropriate. For purposes of illustration only, examples of the allocations required by this Section are set forth in ATTACHMENT 5.. ------------

Allocation of Cash Collateral Among Deposit Takers. Funds received by Agent BNPPLC from NAI LRC as Cash Collateral will be allocated for deposit among the Deposit Takers (other than Disqualified Deposit Takers) as follows: first, to the extent possible the funds will be allocated as required to rectify and prevent any Collateral Imbalance; and second, the funds will be allocated to the Deposit Taker for BNPLCBNPPLC, unless the Deposit Taker for BNPLC BNPPLC has become a Disqualified Deposit Taker, in which case the funds will be allocated to other Deposit Takers who are not Disqualified Deposit Takers as Agent BNPPLC deems appropriate. Further, if for any reason a Collateral Imbalance is determined by Agent BNPPLC to exist, Agent BNPPLC shall, as required to rectify or mitigate the Collateral Imbalance, promptly reallocate Collateral among Deposit Takers by withdrawing Cash Collateral from some Deposit Accounts and redepositing it in other AccountsDeposit Accounts or by transferring Cash Collateral directly from some Deposit Accounts to others; except as otherwise provided in subparagraph 3(B). (If any either party to this Agreement believes that the Value of the Deposit Accounts held by a particular Deposit Taker causes a Collateral Imbalance to exist, that party will promptly notify BNPLC, NAI the other party to this Agreement and Agentthe Participants.) Subject to the foregoing, and provided that Agent BNPPLC does Pledge Agreement (Livermore/ Parcel 7) — Page 14 not thereby create or exacerbate a any Collateral ImbalanceImbalance which is not excused by subparagraph 3(B), Agent BNPPLC may withdraw and redeposit Cash Collateral or cause it to be transferred directly from one Deposit Account to another in order to reallocate the same among Deposit Takers from time to time as Agent BNPPLC deems appropriate. For purposes of illustration only, examples of the allocations required by this Section subparagraph are set forth in ATTACHMENT 5.Exhibit D.

Allocation of Cash Collateral Among Deposit Takers. Funds received by Agent BNPPLC from NAI LRC as Cash Collateral will be allocated for deposit among the Deposit Takers (other than Disqualified Deposit Takers) as follows: first, to the extent possible the funds will be allocated as required to rectify and prevent any Collateral Imbalance; and second, the funds will be allocated to the Deposit Taker for BNPLCBNPPLC, unless the Deposit Taker for BNPLC BNPPLC has become a Disqualified Deposit Taker, in which case the funds will be allocated to other Deposit Takers who are not Disqualified Deposit Takers as Agent BNPPLC deems appropriate. Further, if for any reason a Collateral Imbalance is determined by Agent BNPPLC to exist, Agent BNPPLC shall, as required to rectify or mitigate the Collateral Imbalance, promptly reallocate Collateral among Deposit Takers by withdrawing Cash Collateral from some Deposit Accounts and redepositing it in other AccountsDeposit Accounts or by transferring Cash Collateral directly from some Deposit Accounts to others; except as otherwise provided in subparagraph 3(B). (If any either party to this Agreement believes that the Value of the Deposit Accounts held by a particular Deposit Taker causes a Collateral Imbalance to exist, that party will promptly notify BNPLC, NAI the other party to this Agreement and Agentthe Participants.) Subject to the foregoing, and provided that Agent BNPPLC does not thereby create or exacerbate a any Collateral ImbalanceImbalance which is not excused by subparagraph 3(B), Agent BNPPLC may withdraw and redeposit Cash Collateral or cause it to be transferred directly from one Deposit Account to another in order to reallocate the same among Deposit Takers from time to time as Agent BNPPLC deems appropriate. For purposes of illustration only, examples of the allocations required by this Section subparagraph are set forth in ATTACHMENT 5.Exhibit D.

Allocation of Cash Collateral Among Deposit Takers. Funds received by Agent from NAI Informix as Cash Collateral will be allocated for deposit among the Deposit Takers as follows: first, to the extent possible the funds will be allocated as required to rectify and prevent any Collateral Imbalance; and second, the funds will be allocated to the Deposit Taker for BNPLC, unless the Deposit Taker for BNPLC has become a Disqualified Deposit Taker, in which case the funds will be allocated to other Deposit Takers who are not Disqualified Deposit Takers as Agent deems appropriate. Further, if for any reason a Collateral Imbalance is determined by Agent to exist, Agent shall, as required to rectify or mitigate the Collateral Imbalance, promptly reallocate Collateral among Deposit Takers by withdrawing Cash Collateral from some Accounts and redepositing it in other Accounts. (If any party to this Agreement believes that the Value of the Accounts held by a particular Deposit Taker causes a Collateral Imbalance to exist, that party will promptly notify BNPLC, NAI Informix and Agent.) Subject to the foregoing, and provided that Agent does not thereby create or exacerbate a Collateral Imbalance, Agent may withdraw and redeposit Cash Collateral in order to reallocate the same among Deposit Takers from time to time as Agent deems appropriate. For purposes of illustration only, examples of the allocations required by this Section are set forth in ATTACHMENT 5Attachment 4.

Allocation of Cash Collateral Among Deposit Takers. Funds received by Agent from NAI Specialty Laboratories as Cash Collateral will be allocated for deposit among the Deposit Takers as follows: first, to the extent possible the funds will be allocated as required to rectify and prevent any Collateral Imbalance; and second, the funds will be allocated to the Deposit Taker for BNPLCBNPPLC, unless the Deposit Taker for BNPLC BNPPLC has become a Disqualified Deposit Taker, in which case the funds will be allocated to other Deposit Takers who are not Disqualified Deposit Takers as Agent deems appropriate. Further, if for any reason a Collateral Imbalance is determined by Agent to exist, Agent shall, as required to rectify or mitigate the Collateral Imbalance, promptly reallocate Collateral among Deposit Takers by withdrawing Cash Collateral from some Accounts and redepositing it in other Accounts. (If any party to this Agreement believes that the Value of the Accounts held by a particular Deposit Taker causes a Collateral Imbalance to exist, that party will promptly notify BNPLCBNPPLC, NAI Specialty Laboratories and Agent.) Subject to the foregoing, and provided that Agent does not thereby create or exacerbate a Collateral Imbalance, Agent may withdraw and redeposit Cash Collateral in order to reallocate the same among Deposit Takers from time to time as Agent deems appropriate. For purposes of illustration only, examples of the allocations required by this Section are set forth in ATTACHMENT 53.