Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.10.
Appears in 69 contracts
Samples: Credit Agreement (Accuray Inc), Credit Agreement (Accuray Inc), Credit Agreement (Appian Corp)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(v) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 29 contracts
Samples: Credit Agreement (Nuvasive Inc), Credit Agreement (Information Services Group Inc.), Credit Agreement (Evi Industries, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 22 contracts
Samples: Credit Agreement (U S Physical Therapy Inc /Nv), Credit Agreement (Zynga Inc), Credit Agreement (Reading International Inc)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderBank’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.15.
Appears in 20 contracts
Samples: Loan and Security Agreement (Guardian Pharmacy Services, Inc.), Credit Agreement (Gray Television Inc), Credit Agreement (Gray Television Inc)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay repay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Lenders’ Fronting Exposure in accordance with the procedures set forth in Section 3.105.14.
Appears in 18 contracts
Samples: Credit Agreement (SYNAPTICS Inc), Credit Agreement (SYNAPTICS Inc), First Amendment and Lender Joinder Agreement (SYNAPTICS Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(v) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawApplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 17 contracts
Samples: Credit Agreement (Corsair Gaming, Inc.), Credit Agreement (Agilysys Inc), Credit Agreement (Agilysys Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawApplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 16 contracts
Samples: Credit Agreement (Digital Turbine, Inc.), Credit Agreement (Powell Industries Inc), Amended and Restated Credit Agreement (Digital Turbine, Inc.)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderBank’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.15.
Appears in 16 contracts
Samples: Credit Agreement (Healthpeak Properties, Inc.), Credit Agreement (Healthpeak Properties, Inc.), Credit Agreement (Healthpeak Properties, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (ivb) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 14 contracts
Samples: Credit Agreement (Coeur Mining, Inc.), Credit Agreement (TrueBlue, Inc.), Credit Agreement (Fox Factory Holding Corp)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay repay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.105.14.
Appears in 13 contracts
Samples: Credit Agreement (Chuy's Holdings, Inc.), Credit Agreement (STAMPS.COM Inc), Credit Agreement (Chuy's Holdings, Inc.)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.24.
Appears in 12 contracts
Samples: Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure Exposure, and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.10.
Appears in 12 contracts
Samples: Credit Agreement (Organogenesis Holdings Inc.), Credit Agreement (Fitbit Inc), Credit Agreement (Radisys Corp)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.105.14.
Appears in 12 contracts
Samples: Credit Agreement (Fossil Group, Inc.), Credit Agreement (Fossil Group, Inc.), Credit Agreement (Fossil Group, Inc.)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Lenders’ Fronting Exposure in accordance with the procedures set forth in Section 3.103.9.
Appears in 11 contracts
Samples: Credit Agreement (Meritage Homes CORP), Credit Agreement (Meritage Homes CORP), Credit Agreement (M/I Homes, Inc.)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure on account of such Defaulting Lender and (y) second, Cash Collateralize cash collateralize the Issuing Lender’s Banks’ Fronting Exposure on account of such Defaulting Lender in accordance with the procedures set forth in Section 3.102.05(i).
Appears in 11 contracts
Samples: Amendment Agreement (Momentive Global Inc.), Credit Agreement (SVMK Inc.), Credit Agreement (SVMK Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, shall without prejudice to any right or remedy available to it hereunder or under applicable law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Letter of Credit Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 3.103.8.
Appears in 10 contracts
Samples: Credit Agreement (Applovin Corp), Credit Agreement (Applovin Corp), Credit Agreement (Applovin Corp)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.20.
Appears in 10 contracts
Samples: Credit Agreement (Ani Pharmaceuticals Inc), Credit Agreement (Ani Pharmaceuticals Inc), Credit Agreement (Ani Pharmaceuticals Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause paragraph (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the LC Issuing Lender’s Banks’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.22.
Appears in 10 contracts
Samples: Credit Agreement, Credit Agreement, Credit Agreement
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure Exposure, and (y) second, Cash Collateralize the Issuing Lender’s Lenders’ Fronting Exposure in accordance with the procedures set forth in Section 3.10.
Appears in 10 contracts
Samples: Credit Agreement (Extreme Networks Inc), Revolving Credit Agreement (Digi International Inc), Credit Agreement (Extreme Networks Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (ivSection 2.19(a)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure on account of such Defaulting Lender and (y) second, Cash Collateralize cash collateralize the Issuing LenderBank’s Fronting Exposure on account of such Defaulting Lender in accordance with the procedures set forth in Section 3.102.05(k).
Appears in 8 contracts
Samples: Senior Secured Revolving Credit Agreement (BlackRock TCP Capital Corp.), Senior Secured Revolving Credit Agreement (BlackRock Capital Investment Corp), Senior Secured Revolving Credit Agreement (BlackRock Capital Investment Corp)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure Exposure, and (yB) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 7 contracts
Samples: Credit Agreement (Commercial Vehicle Group, Inc.), Credit Agreement (Arhaus, Inc.), Credit Agreement (Mission Produce, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (ivSection 2.15(b) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s L/C Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 7 contracts
Samples: Credit Agreement (Dycom Industries Inc), Credit Agreement (Dycom Industries Inc), Credit Agreement (Dycom Industries Inc)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Defaulting Lender Fronting Exposure and (y) second, Cash Collateralize cash collateralize the Issuing Lender’s Banks’ Applicable Fronting Exposure in accordance with the procedures set forth in Section 3.102.05(j).
Appears in 7 contracts
Samples: Credit Agreement (LivaNova PLC), Credit Agreement (LivaNova PLC), Credit Agreement (Sotera Health Co)
Cash Collateral, Repayment of Swingline 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 it them hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize cash collateralize the Issuing Lender’s Banks’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.24(c).
Appears in 7 contracts
Samples: Credit Agreement (Performance Food Group Co), Credit Agreement (Performance Food Group Co), Credit Agreement (Performance Food Group Co)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Banks’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.21(a).
Appears in 6 contracts
Samples: Credit Agreement (Pilgrims Pride Corp), Credit Agreement (Pilgrims Pride Corp), Credit Agreement (Pilgrims Pride Corp)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the each Issuing Lender’s Banks’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.15.
Appears in 6 contracts
Samples: Credit Agreement (Orion Group Holdings Inc), Credit Agreement (Orion Group Holdings Inc), Credit Agreement (Orion Group Holdings Inc)
Cash Collateral, Repayment of Swingline 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 it hereunder or under lawRequirements of Law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Loan Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s L/C Issuers’ Fronting Exposure in accordance with the procedures set forth specified in Section 3.10the definition of “Cash Collateralized.”
Appears in 6 contracts
Samples: Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure on account of such Defaulting Lender and (y) second, Cash Collateralize cash collateralize the Issuing Lender’s Banks’ Fronting Exposure on account of such Defaulting Lender in accordance with the procedures set forth in Section 3.102.05(j).
Appears in 6 contracts
Samples: Credit Agreement (Trinet Group, Inc.), Credit Agreement (Trinet Group, Inc.), Credit Agreement (Trinet Group, Inc.)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay repay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Lenders’ Fronting Exposure in accordance with the procedures set forth in Section 3.105.14.
Appears in 6 contracts
Samples: Credit Agreement (Centuri Holdings, Inc.), Credit Agreement (Centuri Holdings, Inc.), Credit Agreement (Southwest Gas Corp)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay repay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.104.13.
Appears in 6 contracts
Samples: Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the each Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.104.14.
Appears in 6 contracts
Samples: Credit Agreement (CoreCivic, Inc.), Credit Agreement (CoreCivic, Inc.), Credit Agreement (CoreCivic, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (ivc) above cannot, or can only partially, be effected, the each applicable Borrower shall, without prejudice to any right or remedy available to it such Borrower hereunder or under lawapplicable Law, (x) first, prepay Swingline Loans made to such Borrower in an amount equal to the Swingline Lender’s Fronting Lenders’ Swingline Exposure attributable to such Defaulting Lender and (y) second, Cash Collateralize the Issuing Lender’s Fronting L/C Exposure of such Defaulting Lender in accordance with the procedures set forth in Section 3.102.05(g).
Appears in 6 contracts
Samples: Restatement Agreement (Constellation Brands, Inc.), Restatement Agreement (Constellation Brands, Inc.), Restatement Agreement (Constellation Brands, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawApplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (yB) second, Cash Collateralize the Issuing Lender’s L/C Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 6 contracts
Samples: Credit Agreement (Morningstar, Inc.), Credit Agreement (Morningstar, Inc.), Credit Agreement (Morningstar, Inc.)
Cash Collateral, Repayment of Swingline 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 it them hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Swing Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.10.9.4 hereof
Appears in 5 contracts
Samples: Credit Agreement (Whitestone REIT), Credit Agreement (Pillarstone Capital Reit), Credit Agreement (Whitestone REIT)
Cash Collateral, Repayment of Swingline 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 it hereunder or under lawLaw, (x) first, prepay Swingline Loans in an amount equal to the Swingline Loan Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth specified in Section 3.105.12 [Cash Collateral].
Appears in 5 contracts
Samples: Credit Agreement (Erie Indemnity Co), Credit Agreement (Stewart Information Services Corp), Revolving Credit Facility (Erie Indemnity Co)
Cash Collateral, Repayment of Swingline 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 it them hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderBank’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.24.
Appears in 5 contracts
Samples: Amendment and Restatement Agreement (Advanced Disposal Services, Inc.), Credit Agreement (Advanced Disposal Services, Inc.), Credit Agreement (ADS Waste Holdings, Inc.)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.103.1(b).
Appears in 5 contracts
Samples: Credit Agreement (Ugi Corp /Pa/), Credit Agreement (Amerigas Partners Lp), Credit Agreement (Amerigas Partners Lp)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawApplicable Law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.103.16.
Appears in 5 contracts
Samples: Credit Agreement (Affiliated Managers Group, Inc.), Credit Agreement (Affiliated Managers Group, Inc.), Credit Agreement (Affiliated Managers Group, Inc.)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Defaulting Lender Fronting Exposure and (y) second, Cash Collateralize cash collateralize the Issuing Lender’s Banks’ Applicable Fronting Exposure in accordance with the procedures set forth in Section 3.102.04(j).
Appears in 5 contracts
Samples: Credit Agreement (Viasat Inc), Credit Agreement (Viasat Inc), Credit Agreement (Viasat Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (ivSection 2.22(a)(ii) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Lenders’ Swingline Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Banks’ L/C Exposure in accordance with the procedures set forth in Section 3.102.05(g).
Appears in 5 contracts
Samples: Revolving Credit Agreement (Viatris Inc), Revolving Credit Agreement (Viatris Inc), Revolving Credit Agreement (Upjohn Inc)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.10Exposure.
Appears in 5 contracts
Samples: Credit Agreement (TechTarget, Inc.), Credit Agreement (TechTarget Holdings Inc.), Five Year Credit Agreement (South Carolina Electric & Gas Co)
Cash Collateral, Repayment of Swingline 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 it hereunder or under lawLaw, (xA) first, prepay the Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (yB) second, Cash Collateralize the Issuing Lender’s Lenders’ Fronting Exposure in accordance with the procedures set forth in Section 3.104.13.
Appears in 5 contracts
Samples: Fifth Agreement Regarding Consents and Amendments (CatchMark Timber Trust, Inc.), Term a 4 Loan Credit Facility (CatchMark Timber Trust, Inc.), Credit Agreement (CatchMark Timber Trust, Inc.)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.10.
Appears in 5 contracts
Samples: Credit Agreement (Harvard Bioscience Inc), Credit Agreement (Mimedx Group, Inc.), Credit Agreement (Franchise Group, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(v) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawApplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing Lender’s L/C Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 5 contracts
Samples: Credit Agreement (Hackett Group, Inc.), Credit Agreement (Apogee Enterprises, Inc.), Credit Agreement (Sunpower Corp)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.03(g).
Appears in 5 contracts
Samples: Credit Agreement, Credit Agreement (Resmed Inc), Credit Agreement (Resmed Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (ivSection 2.21(c) above cannot, or can only partially, be effected, the Borrower Company shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Applicable Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Applicable Swingline Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.20.
Appears in 5 contracts
Samples: Credit Agreement (Universal Health Realty Income Trust), Credit Agreement (Universal Health Realty Income Trust), Credit Agreement (Universal Health Realty Income Trust)
Cash Collateral, Repayment of Swingline 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 it them hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 5 contracts
Samples: Credit Agreement (Sonida Senior Living, Inc.), Credit Agreement (Willdan Group, Inc.), Credit Agreement (Postal Realty Trust, Inc.)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay repay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.104.14.
Appears in 5 contracts
Samples: Credit Agreement (Zoe's Kitchen, Inc.), Credit Agreement (Macquarie Infrastructure Corp), Credit Agreement (Apogee Enterprises, Inc.)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure that has not been reallocated and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure that has not been reallocated in accordance with the procedures set forth in Section 3.102.20 for so long as such Fronting Exposure is outstanding.
Appears in 4 contracts
Samples: Credit Agreement (Fluent, Inc.), Credit Agreement (Fluent, Inc.), Credit Agreement (Fluent, Inc.)
Cash Collateral, Repayment of Swingline 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 it hereunder or under lawLaw, (x) first, prepay Swingline Loans in an amount equal to the Swingline Loan Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth specified in Section 3.105.12.
Appears in 4 contracts
Samples: Credit Agreement (TWFG, Inc.), Credit Agreement (TWFG, Inc.), Credit Agreement (TWFG, Inc.)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.20.
Appears in 4 contracts
Samples: Credit Agreement (Ani Pharmaceuticals Inc), Credit Agreement (CrossAmerica Partners LP), Credit Agreement (CrossAmerica Partners LP)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay repay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.1015.20.
Appears in 4 contracts
Samples: Credit Agreement (Quanex Building Products CORP), Credit Agreement (Quanex Building Products CORP), Credit Agreement (Quanex Building Products CORP)
Cash Collateral, Repayment of Swingline 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 it them hereunder or under lawApplicable Law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize cash collateralize the Issuing LenderBank’s Fronting Exposure in accordance with the procedures set forth in Section 3.10Exposure.
Appears in 4 contracts
Samples: Credit Agreement (Caleres Inc), Fourth Amended and Restated Credit Agreement (Caleres Inc), Credit Agreement (Caleres Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Domestic Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s L/C Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.15.
Appears in 4 contracts
Samples: Credit Agreement (Diodes Inc /Del/), Credit Agreement (Diodes Inc /Del/), Second Amended and Restated Credit Agreement (Diodes Inc /Del/)
Cash Collateral, Repayment of Swingline 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 it hereunder or under lawLaw, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderLC Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.19.
Appears in 4 contracts
Samples: Credit Agreement (Sunoco LP), Credit Agreement (Sunoco LP), Credit Agreement (Susser Petroleum Partners LP)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lendereach L/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.101.17 hereof.
Appears in 4 contracts
Samples: Credit Agreement (Jones Lang Lasalle Inc), Credit Agreement (Jones Lang Lasalle Inc), Credit Agreement (Jones Lang Lasalle Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.26.
Appears in 4 contracts
Samples: Credit Agreement (EVERTEC, Inc.), Credit Agreement (EVERTEC, Inc.), Credit Agreement (EVERTEC, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to it them hereunder or under applicable law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Letter of Credit Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 3.103.7.
Appears in 4 contracts
Samples: Credit Agreement (Canada Goose Holdings Inc.), Credit Agreement (Canada Goose Holdings Inc.), Credit Agreement (Canada Goose Holdings Inc.)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Banks’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.26.
Appears in 4 contracts
Samples: Five Year Credit Agreement (South Carolina Electric & Gas Co), Credit Agreement (South Carolina Electric & Gas Co), Five Year Credit Agreement (South Carolina Electric & Gas Co)
Cash Collateral, Repayment of Swingline 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 it hereunder or under lawapplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 4 contracts
Samples: Credit Agreement (Amedisys Inc), Credit Agreement (Amedisys Inc), Credit Agreement (Amedisys Inc)
Cash Collateral, Repayment of Swingline 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 it hereunder or under lawlaw and subject to Section 2.25, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure Exposure, and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.10.
Appears in 4 contracts
Samples: Credit Agreement (Alarm.com Holdings, Inc.), Credit Agreement (Everyday Health, Inc.), Credit Agreement (Alarm.com Holdings, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to it them hereunder or under lawapplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing Lendereach L/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 4 contracts
Samples: Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc)
Cash Collateral, Repayment of Swingline 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 it them hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Swing Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 4 contracts
Samples: Credit Agreement (Willdan Group, Inc.), Credit Agreement (Willdan Group, Inc.), Credit Agreement (Willdan Group, Inc.)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Banks’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.05(j).
Appears in 3 contracts
Samples: Credit Agreement (Norwegian Cruise Line Holdings Ltd.), Credit Agreement (Norwegian Cruise Line Holdings Ltd.), Credit Agreement (RBS Global Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (ivSection 5.15(c) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Swingline Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.105.14.
Appears in 3 contracts
Samples: Credit Agreement (Orbital Sciences Corp /De/), Credit Agreement (Orbital Sciences Corp /De/), Credit Agreement (Orbital Sciences Corp /De/)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans under each applicable Revolving Facility in an amount equal to the Defaulting Lenders’ remaining Swingline Lender’s Fronting Exposure thereunder and (y) second, Cash Collateralize the Issuing such Defaulting Lender’s Fronting remaining L/C Exposure under each applicable Revolving Facility in accordance with the procedures set forth in Section 3.102.05(g).
Appears in 3 contracts
Samples: Credit Agreement (Dole PLC), Credit Agreement (Dole PLC), Credit Agreement (Dole Food Co Inc)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.18.
Appears in 3 contracts
Samples: Credit Agreement (ARKO Corp.), Credit Agreement (ARKO Corp.), Credit Agreement (ARKO Corp.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Co-Borrowers shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Defaulting Lender Fronting Exposure and (y) second, Cash Collateralize the cash collateralize each Issuing LenderBank’s Defaulting Lender Fronting Exposure in accordance with the procedures set forth in Section 3.102.05(j).
Appears in 3 contracts
Samples: Second Amendment (Graftech International LTD), Credit Agreement (Graftech International LTD), Credit Agreement (Graftech International LTD)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize cash collateralize the Issuing Lender’s Lenders’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.05(j).
Appears in 3 contracts
Samples: Credit Agreement (Cardtronics Inc), Credit Agreement (Cardtronics Inc), Credit Agreement (Cardtronics Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (ivSection 2.17(b) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure Exposure, and (y) second, Cash Collateralize the Issuing Lender’s L/C Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.16.
Appears in 3 contracts
Samples: Credit Agreement (Fresenius Medical Care AG & Co. KGaA), Amendment No. 2 (Fresenius Medical Care AG & Co. KGaA), Credit Agreement (Fresenius Medical Care AG & Co. KGaA)
Cash Collateral, Repayment of Swingline 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 it hereunder or under lawapplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing Lendereach L/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 3 contracts
Samples: Credit Agreement (Ducommun Inc /De/), Credit Agreement (Aerojet Rocketdyne Holdings, Inc.), Credit Agreement (Ducommun Inc /De/)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (ive) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay repay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Lenders’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.20.
Appears in 3 contracts
Samples: Credit Agreement (Salesforce, Inc.), Credit Agreement (Salesforce, Inc.), Credit Agreement (SALESFORCE.COM, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, within one Business Day following notice by the Administrative Agent, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure Exposure, and (y) second, Cash Collateralize the Issuing Lender’s Banks’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.20.
Appears in 3 contracts
Samples: Credit Agreement (Arlo Technologies, Inc.), Credit Agreement (Globant S.A.), Credit Agreement (Globant S.A.)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.101.17 hereof.
Appears in 3 contracts
Samples: Multicurrency Credit Agreement, Multicurrency Credit Agreement (Jones Lang Lasalle Inc), Credit Agreement (Jones Lang Lasalle Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (ivSection 2.21.1(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize cash collateralize the Issuing LenderBank’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.21.4.
Appears in 3 contracts
Samples: Credit Agreement (Sei Investments Co), Credit Agreement (Sei Investments Co), Credit Agreement (Sei Investments Co)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the each Issuing Lender’s Banks’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.15.
Appears in 3 contracts
Samples: Credit Agreement (FutureFuel Corp.), Credit Agreement (International Shipholding Corp), Credit Agreement (Heckmann CORP)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(v) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to it hereunder or under lawApplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 3 contracts
Samples: Credit Agreement (ONESPAWORLD HOLDINGS LTD), Credit Agreement (Hecla Mining Co/De/), Credit Agreement (Hecla Mining Co/De/)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it them hereunder or under applicable law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Letter of Credit Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 3.103.8.
Appears in 3 contracts
Samples: Abl Credit Agreement (Academy Sports & Outdoors, Inc.), Abl Credit Agreement (Academy Sports & Outdoors, Inc.), Abl Credit Agreement (Academy Sports & Outdoors, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (ivSection 4.11(a)(iv) above cannot, or can only partially, be effected, the each Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize cash collateralize the Issuing Lender’s Lenders’ Fronting Exposure in accordance with the procedures set forth in Section 3.1011.2(b)(i).
Appears in 3 contracts
Samples: Credit Agreement (Brinks Co), Loan Agreement (Brinks Co), Credit Agreement (Brinks Co)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower ODEC shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.04.
Appears in 3 contracts
Samples: Credit Agreement (Old Dominion Electric Cooperative), Credit Agreement (Old Dominion Electric Cooperative), Credit Agreement (Old Dominion Electric Cooperative)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Banks’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.22.
Appears in 3 contracts
Samples: Revolving Credit and Guaranty Agreement (Varex Imaging Corp), Loan Agreement (Aaon, Inc.), Loan Agreement (Aaon, Inc.)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay repay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Lenders’ Fronting Exposure in accordance with the procedures set forth in Section 3.104.14.
Appears in 3 contracts
Samples: Credit Agreement (Coca-Cola Consolidated, Inc.), Credit Agreement (Coca-Cola Consolidated, Inc.), Credit Agreement (Coca-Cola Consolidated, Inc.)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderBank’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.13.
Appears in 3 contracts
Samples: Credit Agreement (Virtus Investment Partners, Inc.), Credit Agreement (Virtus Investment Partners, Inc.), Credit Agreement (Virtus Investment Partners, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(v) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 3 contracts
Samples: Credit Agreement (Chase Corp), Credit Agreement (Super Micro Computer, Inc.), Credit Agreement (Chase Corp)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under applicable law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s L/C Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 3.103.18.
Appears in 3 contracts
Samples: Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawApplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing Lender’s applicable L/C Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 3 contracts
Samples: Credit Agreement (Cambium Networks Corp), Credit Agreement (Cambium Networks Corp), Credit Agreement (Cambium Networks Corp)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, applicable Law: (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure Exposure; and (yB) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 3 contracts
Samples: Credit Agreement (SP Plus Corp), Credit Agreement (SP Plus Corp), Credit Agreement (SP Plus Corp)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay repay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Lenders’ Fronting Exposure in accordance with the procedures set forth in Section 3.105.14.
Appears in 3 contracts
Samples: Credit Agreement (Kforce Inc), Credit Agreement (Kforce Inc), Credit Agreement (Kforce Inc)
Cash Collateral, Repayment of Swingline 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 it hereunder or under applicable law, (xa) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure in respect of the Defaulting Lender and (yb) second, Cash Collateralize the Issuing LenderBank’s Fronting Exposure in respect of the Defaulting Lender in accordance with the procedures set forth in Section 3.102.05(n).
Appears in 3 contracts
Samples: Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid Corp)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawApplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing Lender’s L/C Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 3 contracts
Samples: Credit Agreement (Zeta Global Holdings Corp.), Credit Agreement (Zeta Global Holdings Corp.), Credit Agreement (Zeta Global Holdings Corp.)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Loan Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Lenders’ Fronting Exposure in accordance with the procedures set forth specified in Section 3.105.12.
Appears in 3 contracts
Samples: Incremental Facility Amendment to Credit Agreement (Cadre Holdings, Inc.), Credit Agreement (Cadre Holdings, Inc.), Credit Agreement (Cadre Holdings, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderBank’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.10.
Appears in 3 contracts
Samples: Credit Agreement (SM Energy Co), Credit Agreement (SM Energy Co), Credit Agreement (SM Energy Co)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Banks’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.21.
Appears in 3 contracts
Samples: Credit Agreement (Borgwarner Inc), Credit Agreement (Borgwarner Inc), Credit Agreement (Borgwarner Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 3 contracts
Samples: Credit Agreement (RigNet, Inc.), Credit Agreement (RigNet, Inc.), Credit Agreement (RigNet, Inc.)
Cash Collateral, Repayment of Swingline 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 it the Borrowers hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Banks’ Fronting Exposure in accordance with the procedures set forth in Section 3.10Exposure.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Houghton Mifflin Harcourt Co), Revolving Credit Agreement (Houghton Mifflin Harcourt Co), Superpriority Senior Secured Debtor in Possession and Exit Revolving Credit Agreement (HMH Holdings (Delaware), Inc.)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay repay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize cash collateralize the Issuing Lender’s Fronting Exposure in accordance with a manner reasonably satisfactory to the procedures set forth in Section 3.10Issuing Lender.
Appears in 3 contracts
Samples: Credit Agreement (Imax Corp), Credit Agreement (Imax Corp), Credit Agreement (Imax Corp)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (ivSection 3.17(a)(iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to it them hereunder or under lawapplicable Law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.103.16.
Appears in 3 contracts
Samples: Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports Inc)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay repay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.105.13.
Appears in 3 contracts
Samples: Credit Agreement (Aci Worldwide, Inc.), Amendment Agreement (Aci Worldwide, Inc.), Credit Agreement (Aci Worldwide, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower applicable Borrowers shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing Lendereach L/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 3 contracts
Samples: Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma)
Cash Collateral, Repayment of Swingline 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 it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, prepay the Loans in an amount sufficient to effect fully the reallocation described in clause (iv) above or Cash Collateralize with respect to the Issuing Lender’s Banks’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.20.
Appears in 3 contracts
Samples: Credit Agreement (Kirby Corp), Credit Agreement (Kirby Corp), Credit Agreement (Kirby Corp)