Common use of Cash Collateral, Repayment of Swing Loans Clause in Contracts

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to them hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 9.4.

Appears in 12 contracts

Samples: Credit Agreement (Necessity Retail REIT, Inc.), Credit Agreement (American Finance Trust, Inc), Credit Agreement (American Finance Trust, Inc)

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Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s LC Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 9.42.16.

Appears in 10 contracts

Samples: Credit Agreement (Eastern Co), Credit Agreement (Purple Innovation, Inc.), Credit Agreement (Purple Innovation, Inc.)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iviii) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to them hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s LC Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 9.42.17(a)(iv).

Appears in 8 contracts

Samples: Credit Agreement (Builders FirstSource, Inc.), Credit Agreement (Builders FirstSource, Inc.), Credit Agreement (Builders FirstSource, Inc.)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to them it hereunder or under law, within two Business Days following notice from Agent (x) first, prepay repay Swing Loans in an amount equal to the Swing Line Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s Fronting Lenders’ Fronting Exposure in accordance with the procedures set forth in Section 9.43.7.

Appears in 5 contracts

Samples: Credit Agreement (TTEC Holdings, Inc.), Credit Agreement (TTEC Holdings, Inc.), Credit Agreement (TTEC Holdings, Inc.)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to them hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s LC Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 9.42.17(a)(iv).

Appears in 4 contracts

Samples: Credit Agreement (Patheon Holdings Cooperatief U.A.), Credit Agreement (Patheon Inc), Credit Agreement (JGWPT Holdings Inc.)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 9.4Exposure.

Appears in 4 contracts

Samples: Credit Agreement (BIO-TECHNE Corp), Credit Agreement (BIO-TECHNE Corp), Credit Agreement (BIO-TECHNE Corp)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line LenderPNC’s Fronting Exposure and (y) second, Cash Collateralize the L/C Issuereach Issuing Bank’s Fronting Exposure in accordance with the procedures set forth specified in Section 9.42.8(j).

Appears in 4 contracts

Samples: Credit Agreement (Eastgroup Properties Inc), Credit Agreement (Eastgroup Properties Inc), Credit Agreement (Eastgroup Properties Inc)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Loan Lender’s Fronting Exposure and (y) second, Cash Collateralize the L/C IssuerIssuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 9.45.12 [Cash Collateral].

Appears in 4 contracts

Samples: Credit Agreement (Chesapeake Utilities Corp), Credit Agreement (Chesapeake Utilities Corp), Credit Agreement (Chesapeake Utilities Corp)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to them hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 9.41.7.

Appears in 4 contracts

Samples: Credit Agreement (Arthur J. Gallagher & Co.), Multicurrency Credit Agreement (Gallagher Arthur J & Co), Multicurrency Credit Agreement (Gallagher Arthur J & Co)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to them hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 9.48.8.

Appears in 4 contracts

Samples: Credit and Guaranty Agreement (McBc Holdings, Inc.), Credit and Guaranty Agreement (McBc Holdings, Inc.), Credit and Guaranty Agreement (McBc Holdings, Inc.)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Swingline Lenders’ Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 9.44.13.

Appears in 3 contracts

Samples: Credit Agreement, Credit Agreement (Parametric Sound Corp), Credit Agreement (Parametric Sound Corp)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, or the Borrower Representative elects that such reallocation shall not occur, the Borrowers shall, without prejudice to any right or remedy available to them hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 9.4.

Appears in 3 contracts

Samples: Amendment Agreement (Boulder Brands, Inc.), Credit Agreement (Boulder Brands, Inc.), Credit Agreement (Smart Balance, Inc.)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to them hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Fronting Exposure and (y) second, Cash Collateralize the L/C Applicable Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 9.42.13.

Appears in 3 contracts

Samples: Credit Agreement (EMCOR Group, Inc.), Credit Agreement (EMCOR Group, Inc.), Credit Agreement (Emcor Group Inc)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to them hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 9.42.15.

Appears in 3 contracts

Samples: Credit Agreement (Dynatrace, Inc.), Credit Agreement (Dynatrace, Inc.), Credit Agreement (Dynatrace, Inc.)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to them hereunder or under lawLaw, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 9.42.20.

Appears in 3 contracts

Samples: Multicurrency Credit Agreement (Fenix Parts, Inc.), Multicurrency Credit Agreement (Fenix Parts, Inc.), Multicurrency Credit Agreement (Fenix Parts, Inc.)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s LC Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 9.42.15.

Appears in 3 contracts

Samples: Credit Agreement (Kona Grill Inc), Credit Agreement (Kona Grill Inc), Credit Agreement (Mercury Computer Systems Inc)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause subpart (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to them it hereunder or under law, (xy) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Lenders’ Fronting Exposure and (yz) second, Cash Collateralize the L/C Issuer’s Issuing Lenders’ Fronting Exposure in accordance with the procedures set forth in Section 9.42.13 hereof.

Appears in 2 contracts

Samples: Credit and Security Agreement (DMC Global Inc.), Credit and Security Agreement (DMC Global Inc.)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause subpart (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to them it hereunder or under law, (xA) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Fronting Exposure and (yB) second, Cash Collateralize the L/C Issuer’s Issuing Lenders’ Fronting Exposure in accordance with the procedures set forth in Section 9.42.13 hereof.

Appears in 2 contracts

Samples: Credit and Security Agreement (Universal Logistics Holdings, Inc.), Credit and Security Agreement (Universal Logistics Holdings, Inc.)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to them hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 9.48.8.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Addus HomeCare Corp), Credit and Guaranty Agreement (Addus HomeCare Corp)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause subpart (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to them it hereunder or under law, (xy) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Fronting Exposure and (yz) second, Cash Collateralize the L/C IssuerIssuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 9.42.14 hereof.

Appears in 2 contracts

Samples: Credit and Security Agreement (Bel Fuse Inc /Nj), Credit and Security Agreement (Bel Fuse Inc /Nj)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Loan Lender’s Fronting Exposure and (y) second, Cash Collateralize the L/C IssuerIssuing Lender’s Fronting Exposure in accordance with the procedures set forth specified in Section 9.45.14 [Cash Collateral].

Appears in 2 contracts

Samples: Revolving Credit Facility (Stoneridge Inc), Credit Agreement (Stoneridge Inc)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Fronting Exposure and (y) second, Cash Collateralize the L/C IssuerIssuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 9.42.11.

Appears in 2 contracts

Samples: Credit Agreement (Cincinnati Financial Corp), Credit Agreement (Cincinnati Financial Corp)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Loan Lender’s Fronting Exposure and (y) second, Cash Collateralize the L/C IssuerIssuing Lender’s Fronting Exposure in accordance with the procedures set forth specified in Section 9.45.12 [Cash Collateral].

Appears in 2 contracts

Samples: Credit Agreement (Factset Research Systems Inc), Revolving Credit Facility (Factset Research Systems Inc)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Swingline Lenders’ Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 9.44.13.

Appears in 1 contract

Samples: Credit Agreement (Parametric Sound Corp)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to them hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 9.4.1.7. -11-

Appears in 1 contract

Samples: Multicurrency Credit Agreement

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the applicable Borrower shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s LC Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 9.4Exposure.

Appears in 1 contract

Samples: Credit Agreement (Cooper Companies Inc)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay repay Swing Loans in an amount equal to the Swing Line Lender’s Fronting Exposure and (y) second, Cash Collateralize the L/C IssuerIssuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 9.4Exposure.

Appears in 1 contract

Samples: Credit Agreement (Columbia Sportswear Co)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay repay Swing Loans in an amount equal to the Swing Line LenderLenders’Lender’s Fronting Exposure and (y) second, Cash Collateralize the L/C IssuerIssuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 9.4Exposure.

Appears in 1 contract

Samples: Credit Agreement (Columbia Sportswear Co)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to them it hereunder or under law, (xA) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Lenders’ Fronting Exposure and (yB) second, Cash Collateralize provide cash collateral for the L/C Issuer’s Issuing Lenders’ Fronting Exposure in accordance with the procedures set forth in Section 9.42.13(e).

Appears in 1 contract

Samples: Credit Agreement (Polyone Corp)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (ivd) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Swingline Lenders’ Fronting Exposure and (y) second, Cash Collateralize the L/C IssuerIssuing Bank’s Fronting Exposure in accordance with the procedures set forth in Section 9.4Subsection 2.17 (Cash Collateral Account).

Appears in 1 contract

Samples: Credit Agreement (Greatbatch, Inc.)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to them hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Fronting Exposure and (y) second, Cash Collateralize the L/C Applicable Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 9.4.2.13. -20-

Appears in 1 contract

Samples: Credit Agreement (Emcor Group Inc)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to them hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 9.41.17.

Appears in 1 contract

Samples: Credit Agreement (CTS Corp)

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Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to them it hereunder or under law, (xA) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Fronting Exposure and (yB) second, Cash Collateralize provide cash collateral for the L/C IssuerIssuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 9.42.13(e).

Appears in 1 contract

Samples: Credit Agreement (Polyone Corp)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay repay Swing Loans in an amount equal to the Swing Line Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 9.4Exposure.

Appears in 1 contract

Samples: Credit Agreement (Columbia Sportswear Co)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Loan Lender’s Fronting Exposure and (y) second, Cash Collateralize the L/C IssuerIssuing Lender’s Fronting Exposure in accordance with the procedures set forth specified in Section 9.45.15 [Cash Collateral].

Appears in 1 contract

Samples: Credit Agreement (CALGON CARBON Corp)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the applicable Borrower shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s LC Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 9.42.16.

Appears in 1 contract

Samples: Credit Agreement (Nn Inc)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Loan Lender’s Fronting Exposure and (y) second, Cash Collateralize the L/C IssuerIssuing Lender’s Fronting Exposure in accordance with an amount equal to the procedures set forth in Section 9.4Minimum Collateral Amount.

Appears in 1 contract

Samples: Revolving Credit Facility (EPAM Systems, Inc.)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay Swing Line Loans in an amount equal to the Defaulting Lender’s Percentage of Swing Line Lender’s Fronting Exposure Outstandings and (y) second, Cash Collateralize cash collateralize the L/C IssuerDefaulting Lender’s Fronting Exposure in accordance with Percentage of the procedures set forth in Section 9.4Letter of Credit Exposure.

Appears in 1 contract

Samples: Business Loan and Security Agreement (ICF International, Inc.)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to them hereunder or under lawLaw, (x) first, prepay Swing Loans in an amount equal to the Swing Line LenderLoan Bank’s Fronting Exposure and (y) second, Cash Collateralize the L/C IssuerIssuing Bank’s Fronting Exposure in accordance with the procedures set forth specified in Section 9.45.14 [Cash Collateral].

Appears in 1 contract

Samples: Revolving Credit Facility (Big Lots Inc)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (ivD) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Loan Lender’s Fronting Exposure and (y) second, Cash Collateralize the L/C IssuerIssuing Lender’s Fronting Exposure in accordance with the procedures set forth specified in Section 9.45.13 [Cash Collateral].

Appears in 1 contract

Samples: Revolving Credit Facility (Crocs, Inc.)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to them hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 9.41.17.

Appears in 1 contract

Samples: Credit Agreement (CTS Corp)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to them hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Fronting Exposure and (y) second, Cash Collateralize the L/C Applicable Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 9.42.12.

Appears in 1 contract

Samples: Credit Agreement (EMCOR Group, Inc.)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 9.42.16(d).

Appears in 1 contract

Samples: Credit Agreement (Globe Specialty Metals Inc)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Loan Lenders’ Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s Issuing Lenders’ Fronting Exposure in accordance with the procedures set forth in Section 9.42.11.

Appears in 1 contract

Samples: Credit Agreement (3d Systems Corp)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay repay Swing Loans in an amount equal to the Swing Line Lender’s Fronting Exposure and (y) second, Cash Collateralize the L/C Issuereach Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 9.4Exposure.

Appears in 1 contract

Samples: Credit Agreement (Columbia Sportswear Co)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s LC Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 9.4‎Section 2.16.

Appears in 1 contract

Samples: Credit Agreement (TopBuild Corp)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (ivd) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Fronting Exposure and (y) second, Cash Collateralize the L/C IssuerIssuing Bank’s Fronting Exposure in accordance with the procedures set forth in Section 9.4Subsection 3.1.9 (Cash Collateral Account).

Appears in 1 contract

Samples: Credit Agreement (New Enterprise Stone & Lime Co., Inc.)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Loan Lender’s Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 9.4.Cash

Appears in 1 contract

Samples: Revolving Credit Facility Agreement (Chesapeake Utilities Corp)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (ivD) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the each Swing Line Loan Lender’s Fronting Exposure and (y) second, Cash Collateralize the L/C IssuerIssuing Lender’s Fronting Exposure in accordance with the procedures set forth specified in Section 9.45.13 [Cash Collateral].

Appears in 1 contract

Samples: Credit Agreement (Crocs, Inc.)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the L/C Issuer’s LC Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 9.42.15(a)(iv).

Appears in 1 contract

Samples: Credit Agreement (American Dental Partners Inc)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to them it hereunder or under law, (xA) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s 's Fronting Exposure and (yB) second, Cash Collateralize provide cash collateral for the L/C Issuer’s Issuing Lender's Fronting Exposure in accordance with the procedures set forth in Section 9.42.13(e).

Appears in 1 contract

Samples: Credit Agreement (Polyone Corp)

Cash Collateral, Repayment of Swing Loans. If the reallocation described in clause (ivd) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to them it hereunder or under law, (x) first, prepay Swing Loans in an amount equal to the Swing Line Lender’s Swingline Lenders’ Fronting Exposure and (y) second, Cash Collateralize the L/C IssuerIssuing Bank’s Fronting Exposure in accordance with the procedures set forth in Section 9.4Subsection 2.17 (Cash Collateral).

Appears in 1 contract

Samples: Credit Agreement (Greatbatch, Inc.)

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