Common use of Cash Collateral Call Clause in Contracts

Cash Collateral Call. If any Lender becomes, and during the period it remains, a Defaulting Lender, if any Letter of Credit or Swingline Loan is at the time outstanding, each Issuing Bank and the Swingline Lender, as the case may be, may, by notice to the Borrower and such Defaulting Lender through the Administrative Agent, require the Borrower to Cash Collateralize the obligations of the Borrower to such Issuing Bank and the Swingline Lender in respect of such Letter of Credit or Swingline Loan in amount equal to the aggregate amount of the obligations (contingent or otherwise) of such Defaulting Lender in respect thereof, or to make other arrangements reasonably satisfactory to the Administrative Agent, and to the Issuing Bank and the Swingline Bank, as the case may be, in their sole discretion to protect them against the risk of non-payment by such Defaulting Lender. Upon termination of any Letter of Credit or repayment of any Swingline Loan, the Issuing Banks and Swingline Lender shall return any Cash Collateral and terminate such other arrangements relating to such Letter of Credit or Swingline Loan.

Appears in 5 contracts

Samples: Credit Agreement (Alpha Natural Resources, Inc.), Credit Agreement (Massey Energy Co), Credit Agreement (Alpha Natural Resources, Inc.)

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Cash Collateral Call. If any Lender becomes, and during the period it remains, a Defaulting Lender, if any Letter of Credit or Swingline Loan is at the time outstanding, each Issuing Bank and the Swingline Lender, as the case may be, may, by notice to the Borrower and such Defaulting Lender through the Administrative Agent, require the Borrower to Cash Collateralize the obligations of the Borrower to such Issuing Bank and the Swingline Lender in respect of such Letter of Credit or Swingline Loan in amount equal to the aggregate amount of the obligations (contingent or otherwise) of such Defaulting Lender in respect thereof, or to make other arrangements reasonably satisfactory to the Administrative Agent, and to the Issuing Bank and the Swingline BankLender, as the case may be, in their sole discretion to protect them against the risk of non-payment by such Defaulting Lender. Upon termination of any Letter of Credit or repayment of any Swingline Loan, the Issuing Banks and Swingline Lender shall return any Cash Collateral and terminate such other arrangements relating to such Letter of Credit or Swingline Loan.

Appears in 1 contract

Samples: Amendment Agreement (Alpha Natural Resources, Inc.)

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