Common use of Cash Collateral for Letters of Credit Clause in Contracts

Cash Collateral for Letters of Credit. If an Event of Default has occurred and is continuing, this Agreement (or the Aggregate Revolving Loan Commitment) shall be terminated for any reason, or if any Letters of Credit remain outstanding for any reason whatsoever after the Revolving Termination Date or if otherwise required by the terms hereof, Agent may, and upon request of Required Lenders, shall, demand (which demand shall be deemed to have been delivered automatically upon any acceleration of the Loans and other obligations hereunder pursuant to Section 7.2), and the Borrowers shall thereupon deliver to Agent, to be held for the benefit of the L/C Issuers, Agent and the Lenders entitled thereto, an amount of cash equal to 107% of the amount of L/C Reimbursement Obligations as additional collateral security for Obligations. Agent may at any time apply any or all of such cash and cash collateral to the payment of any or all of the Credit Parties’ Obligations. The remaining balance of the cash collateral will be returned to the Borrowers when all Letters of Credit have been terminated or discharged, the Aggregate Revolving Loan Commitments have been terminated and all Obligations have been indefeasibly paid in full in cash.

Appears in 2 contracts

Samples: Credit Agreement (Talbots Inc), Credit Agreement (Talbots Inc)

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Cash Collateral for Letters of Credit. If an Event of Default has occurred and is continuing, this Agreement (or the Aggregate Revolving Loan Commitment) shall be terminated for any reason, or if any Letters of Credit remain outstanding for any reason whatsoever after the Revolving Termination Date or if otherwise required by the terms hereof, Agent may, and upon request of Required Lenders, shall, demand (which demand shall be deemed to have been delivered automatically upon any acceleration of the Loans and other obligations hereunder pursuant to Section 7.2), and the Borrowers Borrower shall thereupon deliver to Agent, to be held for the benefit of the L/C IssuersIssuer, Agent and the Lenders entitled thereto, an amount of cash equal to 107105% of the amount of L/C Reimbursement Obligations as additional collateral security for Obligations. Agent may at any time apply any or all of such cash and cash collateral to the payment of any or all of the Credit Parties’ Obligations in respect of any outstanding Letters of Credit and, following acceleration or maturity of the Obligations, to the payment of any or all other Obligations of the Credit Parties. The remaining balance of the cash collateral will be returned to the Borrowers Borrower upon the earlier of (i) such Event of Default no longer continuing and (ii) when all Letters of Credit have been terminated or discharged, the Aggregate Revolving Loan all Commitments have been terminated and all Obligations have been indefeasibly paid in full in cash.

Appears in 1 contract

Samples: Credit Agreement (WII Components, Inc.)

Cash Collateral for Letters of Credit. If an Event of Default has occurred and is continuing, this Agreement (or the Aggregate Revolving Loan LoanLC Facility Commitment) shall be terminated for any reason, or if any Letters of Credit remain outstanding for any reason whatsoever after the Revolving Termination Date or if otherwise required by the terms hereof, Agent may, and upon request of Required RevolvingLC Facility Lenders, shall, demand (which demand shall be deemed to have been delivered automatically upon any acceleration of the Loans and other obligations hereunder pursuant to Section 7.2), and the Borrowers Borrower shall thereupon deliver to Agent, to be held for the benefit of the L/C IssuersIssuer, Agent and the theLC Facility Lenders entitled thereto, an amount of cash equal to 107105% of the amount of L/C Reimbursement Obligations as additional collateral security for Obligations. Agent may at any time apply any or all of such cash and cash collateral to the payment of any or all of the Credit Parties’ Obligations. The remaining balance of the cash collateral will be returned to the Borrowers Borrower when all Letters of Credit have been terminated or discharged, the Aggregate Revolving Loan all Commitments have been terminated and all Obligations have been indefeasibly paid in full in cashcash (other than obligations in respect of Bank Products and Secured Rate Contracts and contingent indemnification Obligations to the extent no claim giving rise thereto has been asserted).

Appears in 1 contract

Samples: Credit Agreement (Radioshack Corp)

Cash Collateral for Letters of Credit. If (a) an Event of Default has occurred and is continuing, (b) this Agreement (or the Aggregate Revolving Loan CommitmentCommitment of all Lenders) shall be terminated for any reason, reason or if any Letters of Credit remain outstanding for any reason whatsoever after the Revolving Termination Date or if (c) otherwise required by the terms hereof, then Agent may, and upon request of Required Lenders, shall, demand (which demand shall be deemed to have been delivered automatically upon any acceleration of the Loans and other obligations hereunder pursuant to Section 7.2), and the Borrowers shall thereupon deliver to Agent, to be held for the benefit of the L/C IssuersIssuer, Agent and the Lenders entitled thereto, an amount of cash equal to 107105% of the amount of L/C Reimbursement Obligations as additional collateral security for ObligationsObligations in respect of any outstanding Letter of Credit. Agent may at any time apply any or all of such cash and cash collateral to the payment of any or all of the Credit Parties’ ObligationsObligations in respect of any outstanding Letter of Credit. The remaining balance of the cash collateral will be returned to the Borrowers when all Letters of Credit have been terminated or discharged, the Aggregate Revolving Loan all Commitments have been terminated and all Obligations have been indefeasibly paid in full in cash. Notwithstanding the foregoing, if the Borrowers are required to provide an amount of cash collateral hereunder as a result of the occurrence of an Event of Default, such amount shall be returned to the Borrowers within five (5) Business Days upon the Borrowers’ written request after all Events of Default have been waived.

Appears in 1 contract

Samples: Credit Agreement (NxStage Medical, Inc.)

Cash Collateral for Letters of Credit. If an Event of Default has occurred and is continuing, this Agreement (or the Aggregate Revolving Loan Commitment) shall be terminated for any reason, or if any Letters of Credit remain outstanding for any reason whatsoever after the Revolving Termination Date or if otherwise required by the terms hereof, Agent may, and upon request of Required Revolving Lenders, shall, demand (which demand shall be deemed to have been delivered automatically upon any acceleration of the Loans and other obligations hereunder pursuant to Section 7.2), and the Borrowers Borrower shall thereupon deliver to Agent, to be held for the benefit of the L/C IssuersIssuer, Agent and the Lenders entitled thereto, an amount of cash equal to 107103% of the amount of L/C Reimbursement Letter of Credit Obligations as additional collateral security for ObligationsObligations in respect of any outstanding Letter of Credit. Agent may at any time apply any or all of such cash and cash collateral to the payment of any or all of the Credit Parties’ ObligationsObligations in respect of any Letters of Credit. Pending such application, Agent may (but shall not be obligated to) invest the same in an interest bearing account in Agent’s name, for the benefit of the L/C Issuer, Agent and the Lenders entitled thereto, under which deposits are available for immediate withdrawal, at such bank or financial institution as the L/C Issuer and Agent may, in their discretion, select. The remaining balance of the cash collateral will be returned to the Borrowers Borrower or any other Person entitled thereto under applicable law when all Letters of Credit have been terminated or discharged, the Aggregate Revolving Loan Commitments have been terminated and all Obligations have been indefeasibly paid in full in cash.

Appears in 1 contract

Samples: Credit Agreement (Spinal Elements Holdings, Inc.)

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Cash Collateral for Letters of Credit. If an Event of Default has occurred and is continuing, this Agreement (or the Aggregate Revolving Loan Commitment and the Canadian Revolving Loan Commitment) shall be terminated for any reason, or if any Letters of Credit remain outstanding for any reason whatsoever after the Revolving Termination Date or if otherwise required by the terms hereof, Agent may, and upon request of Required Lenders, shall, demand (which demand shall be deemed to have been delivered automatically upon any acceleration of the Loans and other obligations hereunder pursuant to Section 7.2), and the Borrowers US Borrower shall thereupon deliver to Agent, to be held for the benefit of the L/C IssuersIssuer, Agent and the US Revolving Lenders entitled thereto, an amount of cash equal to 107105% of the amount of L/C Reimbursement Letter of Credit Obligations as additional collateral security for Obligationsthe US Obligations in respect of any outstanding Letter of Credit. Agent may at any time apply any or all of such cash and cash collateral to the payment of any or all of the Credit Parties’ US Obligations. The remaining balance of the cash collateral will be returned to the Borrowers US Borrower when all Letters of Credit have been terminated or discharged, the Aggregate all Revolving Loan Commitments and Canadian Revolving Loan Commitments have been terminated and all Obligations have been indefeasibly paid in full in cash.

Appears in 1 contract

Samples: Credit Agreement (Essex Rental Corp.)

Cash Collateral for Letters of Credit. If an Event of Default has occurred and is continuing, this Agreement (or the Aggregate Revolving Loan Commitment) shall be terminated for any reason, or if any Letters of Credit remain outstanding for any reason whatsoever after the Revolving Termination Date or if otherwise required by the terms hereof, Agent may, and upon request of Required Revolving Lenders, shall, demand (which demand shall be deemed to have been delivered automatically upon any acceleration of the Loans and other obligations hereunder pursuant to Section 7.2), and the Borrowers Borrower shall thereupon deliver to Agent, to be held for the benefit of the L/C IssuersIssuer, Agent and the Lenders entitled thereto, an amount of cash equal to 107105% of the amount of L/C Reimbursement Obligations as additional collateral security for Obligations. Agent may at any time apply any or all of such cash and cash collateral to the payment of any or all of the Credit Parties’ Obligations. The remaining balance of the cash collateral will be returned to the Borrowers Borrower when all Letters of Credit have been terminated or discharged, the Aggregate Revolving Loan all Commitments have been terminated and all Obligations have been indefeasibly paid in full in cashcash (other than obligations in respect of Bank Products and Secured Rate Contracts and contingent indemnification Obligations to the extent no claim giving rise thereto has been asserted).

Appears in 1 contract

Samples: Credit Agreement (Radioshack Corp)

Cash Collateral for Letters of Credit. If an Event of Default has occurred and is continuing, this Agreement (or the Aggregate Revolving Loan LC Facility Commitment) shall be terminated for any reason, or if any Letters of Credit remain outstanding for any reason whatsoever after the Revolving Termination Date or if otherwise required by the terms hereof, Agent mayAgent, and upon request of Required LC Facility Lenders, shall, shall demand (which demand shall be deemed to have been delivered automatically upon any acceleration of the Loans and other obligations hereunder pursuant to Section 7.2), and the Borrowers Borrower shall thereupon deliver to Agent, to be held for the benefit of the L/C Issuers, Agent and the LC Facility Lenders entitled thereto, an amount of cash equal to 107105% of the amount of L/C Reimbursement Obligations as additional collateral security for Obligations. Agent may at any time apply any or all of such cash and cash collateral to the payment of any or all of the Credit Parties’ Obligations. The remaining balance of the cash collateral will be returned to the Borrowers Borrower when all Letters of Credit have been terminated or discharged, the Aggregate Revolving Loan all Commitments have been terminated and all Obligations have been indefeasibly paid in full in cashcash (other than obligations in respect of Bank Products and Secured Rate Contracts and contingent indemnification Obligations to the extent no claim giving rise thereto has been asserted).

Appears in 1 contract

Samples: Debtor in Possession Credit Agreement (Radioshack Corp)

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