Cash Collateralize. the delivery of cash to Lender, as security for the payment of Obligations, in an amount equal to (a) with respect to LC Obligations, 105% of the aggregate LC Obligations, and (b) with respect to any inchoate, contingent or other Obligations (including Obligations arising under Bank Products but excluding unasserted inchoate or contingent indemnification obligations), Lender's good faith estimate of the amount due or to become due, including fees, expenses and indemnification hereunder. "Cash Collateralization" has a correlative meaning. Cash Equivalents: (a) marketable obligations issued or unconditionally guaranteed by, and backed by the full faith and credit of, the United States government, maturing within 12 months of the date of acquisition; (b) certificates of deposit, time deposits and bankers' acceptances maturing within 12 months of the date of acquisition, and overnight bank deposits, in each case which are issued by a commercial bank (including Lender) organized under the laws of the United States or any state or district thereof, rated A-1 (or better) by S&P or P-1 (or better) by ▇▇▇▇▇'▇ at the time of acquisition, and (unless issued by Lender) not subject to offset rights; (c) repurchase obligations with a term of not more than 30 days for underlying investments of the types described in clauses (a) and (b) entered into with any bank meeting the qualifications specified in clause (b); (d) commercial paper issued by Lender or rated A-1 (or better) by S&P or P-1 (or better) by ▇▇▇▇▇'▇, and maturing within nine months of the date of acquisition; and (e) shares of any money market fund that has substantially all of its assets invested continuously in the types of investments referred to above, has net assets of at least $500,000,000 and has the highest rating obtainable from either ▇▇▇▇▇'▇ or S&P. Cash Management Services: services provided from time to time by Lender or any of its Affiliates to Obligors or any Subsidiary relating to operating, collections, payroll, trust, or other depository or disbursement accounts, including automated clearinghouse, e-payable, electronic funds transfer, wire transfer, controlled disbursement, overdraft, depository, information reporting, lockbox and stop payment services. CERCLA: the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. § 9601 et seq.).
Appears in 1 contract
Cash Collateralize. the delivery of cash to Lenderthe Applicable Agent, as security for the payment of the applicable Obligations, in an amount equal to (a) with respect to the applicable LC Obligations, 105% of the aggregate of such LC Obligations, and (b) with respect to any inchoate, contingent or other Obligations (including Obligations arising under Secured Bank Products but excluding unasserted inchoate or contingent indemnification obligationsProduct Obligations), Lender's the Applicable Agent’s good faith estimate of the amount that is due or to could become due, including fees, expenses all fees and indemnification hereunderother amounts relating to such Obligations. "“Cash Collateralization" ” has a correlative meaning. Cash Equivalents: (a) marketable obligations issued or unconditionally guaranteed by, and backed by the full faith and credit of, the United States government, maturing within 12 months of the date of acquisition; (b) certificates of deposit, time deposits and bankers' ’ acceptances maturing within 12 months of the date of acquisition, and overnight bank deposits, in each case which are issued by Bank of America or a commercial bank (including Lender) organized under the laws of the United States or any state or district thereof, rated A-1 (or better) by S&P or P-1 (or better) by ▇▇▇▇▇'’▇ at the time of acquisition, and (unless issued by a Lender) not subject to offset rights; (c) repurchase obligations with a term of not more than 30 days for underlying investments of the types described in clauses (a) and (b) entered into with any bank meeting the qualifications specified described in clause (b); (d) commercial paper issued by Lender Bank of America or rated A-1 (or better) by S&P or P-1 (or better) by ▇▇▇▇▇'’▇, and maturing within nine months of the date of acquisition; and (e) shares of any money market fund that has substantially all of its assets invested continuously in the types of investments referred to above, has net assets of at least $500,000,000 U.S.$500,000,000 and has the highest rating obtainable from either ▇▇▇▇▇'’▇ or S&P. Cash Management Services: any services provided from time to time by Lender Bank of America or any of its Affiliates to Obligors any Borrower or any Subsidiary relating to in connection with operating, collections, payroll, trust, or other depository or disbursement accounts, including automated clearinghouse, e-payable, electronic funds transfer, wire transfer, controlled disbursement, overdraft, depository, information reporting, lockbox and stop payment services. CERCLA: the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. § 9601 et seq.).
Appears in 1 contract
Sources: First Amendment Agreement (United Natural Foods Inc)
Cash Collateralize. the delivery by a Borrower of cash Cash Collateral to LenderAgent, in connection with this Agreement as security for the payment of Obligations, in an amount equal to (a) with respect to LC Obligations, 105% of the aggregate LC Obligations, and (b) with respect to any inchoate, contingent or other Obligations (including Obligations arising under Secured Bank Products but excluding unasserted inchoate or contingent indemnification obligationsProduct Obligations), Lender's Agent’s good faith estimate of the amount that is due or to could become due, including fees, expenses all fees and indemnification hereunderother amounts relating to such Obligations. "“Cash Collateralization" ” has a correlative meaning. Cash Equivalents: (a) marketable obligations issued or unconditionally guaranteed by, and backed by the full faith and credit of, the United States government, maturing within 12 months of the date of acquisition; (b) certificates of deposit, time deposits and bankers' ’ acceptances maturing within 12 months of the date of acquisition, and overnight bank deposits, in each case which are issued by Bank of America or a commercial bank (including Lender) organized under the laws of the United States or any state or district thereof, rated A-1 (or better) by S&P or P-1 (or better) by ▇▇▇▇▇'’▇ at the time of acquisition, and (unless issued by a Lender) not subject to offset rights; (c) repurchase obligations with a term of not more than 30 days for underlying investments of the types described in clauses (a) and (b) entered into with any bank meeting the qualifications specified described in clause (b); (d) commercial paper issued by Lender Bank of America or rated A-1 (or better) by S&P or P-1 (or better) by ▇▇▇▇▇'’▇, and maturing within nine months of the date of acquisition; and (e) shares of any money market fund that has substantially all of its assets invested continuously in the types of investments referred to above, has net assets of at least $500,000,000 and has the highest rating obtainable from either ▇▇▇▇▇'’▇ or S&P. Cash Management Services: any services provided from time to time by (i) Bank of America or any of its Affiliates or (ii) any other Lender or any of its Affiliates acceptable to Obligors Agent in its sole discretion to any Borrower or any Subsidiary relating to in connection with operating, collections, payroll, trust, or other depository or disbursement accounts, including automated clearinghouse, e-payable, electronic funds transfer, wire transfer, controlled disbursement, overdraft, depository, information reporting, lockbox and stop payment services. CERCLAChange in Law: the Comprehensive Environmental Response Compensation occurrence, after the date hereof, of (a) the adoption, taking effect or phasing in of any law, rule, regulation or treaty; (b) any change in any law, rule, regulation or treaty or in the administration, interpretation or application thereof; or (c) the making, issuance or application of any request, guideline, requirement or directive (whether or not having the force of law) by any Governmental Authority; provided, however, that “Change in Law” shall include, all requests, guidelines, requirements or directives enacted, adopted or issued hereafter or otherwise not yet implemented as of the date hereof (i) under or relating to the ▇▇▇▇-▇▇▇▇▇ ▇▇▇▇ Street Reform and Liability Act Consumer Protection Act, or (42 U.S.C. § 9601 et seqii) promulgated pursuant to Basel III by the Bank of International Settlements, the Basel Committee on Banking Supervision (or any similar authority) or any other Governmental Authority.).
Appears in 1 contract
Sources: Credit and Security Agreement (Titan International Inc)
Cash Collateralize. the delivery of cash to LenderAgent, as security for the payment of Obligations, in an amount equal to (a) with respect to LC Obligations, 105% of the aggregate LC Obligations, and (b) with respect to any inchoate, contingent or other Obligations (including Obligations arising under Secured Bank Products but excluding unasserted inchoate or contingent indemnification obligationsProduct Obligations), Lender's Agent’s good faith estimate of the amount due or to become due, including fees, expenses fees and indemnification hereunderother amounts relating to such Obligations. "“Cash Collateralization" ” has a correlative meaning. ▇▇▇▇▇▇▇▇ – Loan, Security and Guaranty Agreement #53354946 Cash Equivalents: (a) marketable obligations issued or unconditionally guaranteed by, and backed by the full faith and credit of, the United States U.S. government, maturing within 12 months of the date of acquisition; (b) certificates of deposit, time deposits and bankers' ’ acceptances maturing within 12 months of the date of acquisition, and overnight bank deposits, in each case which are issued by Bank of America or a commercial bank (including Lender) organized under the laws of the United States or any state or district thereof, rated A-1 (or better) by S&P or P-1 (or better) by ▇▇▇▇▇'’▇ at the time of acquisition, and (unless issued by a Lender) not subject to offset rights; (c) repurchase obligations with a term of not more than 30 days for underlying investments of the types described in clauses (a) and (b) entered into with any bank meeting the qualifications specified described in clause (b); (d) commercial paper issued by Lender Bank of America or rated A-1 (or better) by S&P or P-1 (or better) by ▇▇▇▇▇'’▇, and maturing within nine months of the date of acquisition; and (e) shares of any money market fund that has substantially all of its assets invested continuously in the types of investments referred to above, has net assets of at least $500,000,000 and has the highest rating obtainable from either ▇▇▇▇▇'’▇ or S&P. Cash Management Services: services provided from time to time by Lender or any of its Affiliates to Obligors or any Subsidiary relating to operating, collections, payroll, trust, or other depository or disbursement accounts, including automated clearinghouse, e-payable, electronic funds transfer, wire transfer, controlled disbursement, overdraft, depository, information reporting, lockbox and stop payment services. CERCLA: the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. § 9601 et seq.).
Appears in 1 contract
Sources: Loan, Security and Guaranty Agreement (Quintana Energy Services Inc.)
Cash Collateralize. the delivery by a Borrower of cash Cash Collateral to LenderAgent, in connection with this Agreement as security for the payment of Obligations, in an amount equal to (a) with respect to LC Obligations, 105% of the aggregate LC Obligations, and (b) with respect to any inchoate, contingent or other Obligations (including Obligations arising under Secured Bank Products but excluding unasserted inchoate or contingent indemnification obligationsProduct Obligations), Lender's Agent’s good faith estimate of the amount that is due or to could become due, including fees, expenses all fees and indemnification hereunderother amounts relating to such Obligations. "“Cash Collateralization" ” has a correlative meaning. Cash Equivalents: (a) marketable obligations issued or unconditionally guaranteed by, and backed by the full faith and credit of, the United States government, maturing within 12 months of the date of acquisition; (b) certificates of deposit, time deposits and bankers' ’ acceptances maturing within 12 months of the date of acquisition, and overnight bank deposits, in each case which are issued by Bank of America or a commercial bank (including Lender) organized under the laws of the United States or any state or district thereof, rated A-1 (or better) by S&P or P-1 (or better) by M▇▇▇▇▇'’▇ at the time of acquisition, and (unless issued by a Lender) not subject to offset rights; (c) repurchase obligations with a term of not more than 30 days for underlying investments of the types described in clauses (a) and (b) entered into with any bank meeting the qualifications specified described in clause (b); (d) commercial paper issued by Lender Bank of America or rated A-1 (or better) by S&P or P-1 (or better) by M▇▇▇▇▇'’▇, and maturing within nine months of the date of acquisition; and (e) shares of any money market fund that has substantially all of its assets invested continuously in the types of investments referred to above, has net assets of at least $500,000,000 and has the highest rating obtainable from either M▇▇▇▇▇'’▇ or S&P. Cash Management Services: services provided from time to time by Lender or any of its Affiliates to Obligors or any Subsidiary relating to operating, collections, payroll, trust, or other depository or disbursement accounts, including automated clearinghouse, e-payable, electronic funds transfer, wire transfer, controlled disbursement, overdraft, depository, information reporting, lockbox and stop payment services. CERCLA: the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. § 9601 et seq.).S&P.
Appears in 1 contract
Sources: Credit and Security Agreement (Titan International Inc)
Cash Collateralize. the delivery by a Borrower of cash Cash Collateral to LenderAgent, in connection with this Agreement as security for the payment of Obligations, in an amount equal to (a) with respect to LC Obligations, 105% of the aggregate LC Obligations, and (b) with respect to any inchoate, contingent or other Obligations (including Obligations arising under Secured Bank Products but excluding unasserted inchoate or contingent indemnification obligationsProduct Obligations), Lender's Agent’s good faith estimate of the amount that is due or to could become due, including fees, expenses all fees and indemnification hereunderother amounts relating to such Obligations. "“Cash Collateralization" ” has a correlative meaning. Cash Equivalents: (a) marketable obligations issued or unconditionally guaranteed by, and backed by the full faith and credit of, the United States government, maturing within 12 months of the date of acquisition; (b) certificates of deposit, time deposits and bankers' ’ acceptances maturing within 12 months of the date of acquisition, and overnight bank deposits, in each case which are issued by BMO or a commercial bank (including Lender) organized under the laws of the United States or any state or district thereof, rated A-1 (or better) by S&P or P-1 (or better) by ▇▇▇▇▇'▇ Moody’s at the time of acquisition, and (unless issued by a Lender) not subject to offset rights; (c) repurchase obligations with a term of not more than 30 days for underlying investments of the types described in clauses (a) and (b) entered into with any bank meeting the qualifications specified described in clause (b); (d) commercial paper issued by Lender BMO or rated A-1 (or better) by S&P or P-1 (or better) by ▇▇▇▇▇'▇Moody’s, and maturing within nine months of the date of acquisition; and (e) shares of any money market fund that has substantially all of its assets invested continuously in the types of investments referred to above, has net assets of at least $500,000,000 and has the highest rating obtainable from either ▇▇▇▇▇'▇ Moody’s or S&P. Cash Management Services: services provided from time to time by Lender or any of its Affiliates to Obligors or any Subsidiary relating to operating, collections, payroll, trust, or other depository or disbursement accounts, including automated clearinghouse, e-payable, electronic funds transfer, wire transfer, controlled disbursement, overdraft, depository, information reporting, lockbox and stop payment services. CERCLA: the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. § 9601 et seq.).S&P.
Appears in 1 contract
Sources: Credit and Security Agreement (Titan International Inc)