Common use of Cash Collateralize Clause in Contracts

Cash Collateralize. the delivery of cash to Agent, as security for the payment of Obligations, in an amount equal to (a) with respect to LC Obligations, 103% of the aggregate LC Obligations, and (b) with respect to any inchoate, contingent or other Obligations (including Secured Bank Product Obligations), Agent’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 Dominion Trigger Period: the period (a) commencing on any date in which a Specified Default or an Event of Default occurs or Availability is less than the greater of (i) $17,500,000 and (ii) 10% of the Commitments at such time and (b) continuing until the first date thereafter on which no Specified Default or Event of Default has existed for 45 consecutive days and Availability has been at least the greater of (i) $17,500,000 and (ii) 10% of the Commitments at all times for 45 consecutive days. Cash Equivalents: (a) direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America (or by any agency thereof to the extent such obligations are backed by the full faith and credit of the United States of America), in each case maturing within one year from the date of issuance thereof; (b) investments in commercial paper maturing within 270 days from the date of issuance thereof and having, at such date of acquisition, the highest credit rating obtainable from Moody’s or from S&P; (c) investments in certificates of deposit, banker’s acceptances and time deposits maturing within one year from the date of acquisition thereof issued or guaranteed by or placed with, and money market deposit accounts issued or offered by, the Administrative Agent or any domestic office of any commercial bank organized under the laws of the United States of America or any State thereof that has a combined capital and surplus and undivided profits at the date of acquisition thereof of not less than $500,000,000 and that issues (or the parent of which issues) commercial paper rated at least “Prime 1” (or the then equivalent grade) by Moody’s or “A-1” (or the then equivalent grade) by S&P; (d) fully collateralized repurchase agreements with a term of not more than 30 days for securities described in clause (a) above and entered into with a financial institution satisfying the criteria of clause (c) above; and (e) investments in “money market funds” within the meaning of Rule 2a-7 of the Investment Company Act of 1940, as amended, substantially all of whose assets are invested in investments of the type described in clauses (a) through (d) above.

Cash Collateralize. the delivery of cash to Agent, as security for the payment of Obligations, in an amount equal to (a) with respect to LC Obligations, 103105% of the aggregate LC Obligations, and (b) with respect to any inchoate, inchoate or contingent or other Obligations (including Secured Obligations arising under Bank Product ObligationsProducts), Agent’s good faith estimate of the amount due or to become due, including fees, expenses all fees and indemnification hereunderother amounts relating to such Obligations. “Cash Collateralization” has a correlative meaning. Cash Dominion Trigger PeriodEvent — the occurrence of any of the following: the period (a) commencing on any date in which a Specified Default Availability falls below $30,000,000, or an Event of Default occurs or Availability is less than the greater of (i) $17,500,000 and (ii) 10% of the Commitments at such time and (b) continuing until the first date thereafter on which no Specified a Default or Event of Default has existed for 45 consecutive days and Availability has been at least the greater of (i) $17,500,000 and (ii) 10% of the Commitments at all times for 45 consecutive daysDefault. Cash Equivalents: Equivalents — as at any date, (a) direct obligations of, securities issued or obligations the principal of directly and interest on which are unconditionally fully guaranteed by, or insured by the United States of America (or by any agency or instrumentality thereof to the extent such obligations are backed by (provided that the full faith and credit of the United States is pledged in support thereof) having maturities of Americanot more than twelve months from the date of acquisition, (b) Dollar denominated time deposits and certificates of deposit of (i) any Lender, (ii) any domestic commercial bank of recognized standing having capital and surplus in excess of $500,000,000 or (iii) any bank whose short-term commercial paper rating from S&P is at least A-1 or the equivalent thereof or from Mxxxx’x is at least P-1 or the equivalent thereof (any such bank being an “Approved Bank”), in each case maturing within one year from the date with maturities of issuance thereof; (b) investments in commercial paper maturing within not more than 270 days from the date of issuance thereof acquisition and having(unless issued by a Lender) not subject to offset rights, at such (c) with respect to any Foreign Subsidiary, (1) time deposits and customary short term investments with one of the three largest banks doing business in the jurisdiction in which the Foreign Subsidiary is conducting business, and (2) other short term investments customarily used by multinational corporations in the country in which the Foreign Subsidiary is conducting business for the purpose of cash management, which investments have the preservation of capital as their primary objective, (d) commercial paper and variable or fixed rate notes issued by any Approved Bank (or by the parent company thereof) or any variable rate notes issued by, or guaranteed by, any domestic corporation rated A-1 (or the equivalent thereof) or better by S&P or P-1 (or the equivalent thereof) or better by Moody’s and maturing within six months of the date of acquisition, (e) repurchase agreements entered into by any Person with a bank or trust company (including any of the highest credit rating obtainable from Moody’s Lenders) or from S&P; recognized securities dealer having capital and surplus in excess of $500,000,000 for direct obligations issued by or fully guaranteed by the United States in which such Person shall have a perfected first priority security interest (csubject to no other Liens) investments in certificates of depositand having, banker’s acceptances and time deposits maturing within one year from on the date of acquisition thereof issued or guaranteed by or placed withpurchase thereof, a fair market value of at least 100% of the amount of the repurchase obligations and (f) Investments, classified in accordance with GAAP as current assets, in money market deposit accounts issued or offered by, the Administrative Agent or any domestic office of any commercial bank organized investment programs registered under the laws of the United States of America or any State thereof that has a combined capital and surplus and undivided profits at the date of acquisition thereof of not less than $500,000,000 and that issues (or the parent of which issues) commercial paper rated at least “Prime 1” (or the then equivalent grade) by Moody’s or “A-1” (or the then equivalent grade) by S&P; (d) fully collateralized repurchase agreements with a term of not more than 30 days for securities described in clause (a) above and entered into with a financial institution satisfying the criteria of clause (c) above; and (e) investments in “money market funds” within the meaning of Rule 2a-7 of the Investment Company Act of 1940, as amended, substantially all which are not subject to offset and are administered by reputable financial institutions having capital of at least $500,000,000 and the portfolios of which are limited to Investments whose assets primary objective is the preservation of capital and whose investments are invested limited to “cash equivalents” as defined under GAAP. Cash Management Services — any services provided from time to time by Bank of America or any of its Affiliates to any Borrower or Subsidiary in investments of connection with operating, collections, payroll, trust, or other depository or disbursement accounts, including automatic clearinghouse, controlled disbursement, depository, electronic funds transfer, information reporting, lockbox, stop payment, overdraft and/or wire transfer services. CERCLA — the type described in clauses Comprehensive Environmental Response Compensation and Liability Act (a) through (d) above42 U.S.C. § 9601 et seq.).

Cash Collateralize. the delivery of cash to Agent, as security for the payment of Obligations, in an amount equal to (a) with respect to LC Obligations, 103% of the aggregate LC Obligations, and (b) with respect to any inchoate, contingent or other Obligations (including Secured Obligations arising under Bank Product ObligationsProducts), Agent’s good faith estimate of the amount due or to become due, including fees, expenses all fees and indemnification hereunderother amounts relating to such Obligations. “Cash Collateralization” has a correlative meaning. Cash Dominion Trigger Period: the period (a) the period commencing on any date in which a Specified Default or an Event of Default occurs or the day that Excess Availability is less than the greater of (i) $17,500,000 15,000,000 and (ii) 1015% of the Commitments at such time lesser of (A) the Borrowing Base and (B) the aggregate amount of Commitments; and (b) continuing until the first date thereafter on which no Specified Default or Event of Default has existed for 45 consecutive days and when Excess Availability has been at least equal to or greater than the greater of (i) $17,500,000 15,000,000 and (ii) 1015% of the lesser of (A) the Borrowing Base and (B) the aggregate amount of Commitments at all times for 45 consecutive daysdays and (b) any period during which an Event of Default shall have occurred and be continuing. Cash Equivalents: (a) direct marketable obligations of, issued or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America (or by any agency thereof to the extent such obligations are and backed by the full faith and credit of, the United States government, maturing within 12 months of the date of acquisition; (b) marketable direct obligations issued by any state of the United States or any political subdivision of America)any such state or any public instrumentality thereof, in each case maturing within one year from 12 months of the date of issuance thereofacquisition and having a rating of at least A- from S&P or the equivalent thereof from Xxxxx’x; (bc) investments in commercial paper certificates of deposit, time deposits and bankers’ acceptances maturing within 270 days from 12 months of the date of issuance thereof and having, at such date of acquisition, the highest credit rating obtainable from Moody’s or from S&P; (c) investments and overnight bank deposits, in certificates of deposit, banker’s acceptances and time deposits maturing within one year from the date of acquisition thereof each case which are issued or guaranteed by or placed with, and money market deposit accounts issued or offered by, the Administrative Agent or any domestic office of any a commercial bank organized under the laws of the United States of America or any State state or district thereof that has a combined capital and surplus and undivided profits or any OECD country, rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x at the date time of acquisition thereof of acquisition, and (unless issued by a Lender) not less than $500,000,000 and that issues (or the parent of which issues) commercial paper rated at least “Prime 1” (or the then equivalent grade) by Moody’s or “A-1” (or the then equivalent grade) by S&Psubject to offset rights; (d) fully collateralized repurchase agreements obligations with a term of not more than 30 days for securities described in clause (a) above and entered into with a financial institution satisfying the criteria of clause (c) above; and (e) investments in “money market funds” within the meaning of Rule 2a-7 of the Investment Company Act of 1940, as amended, substantially all of whose assets are invested in underlying investments of the type types described in clauses (a), (b) through and (dc) entered into with any bank meeting the qualifications specified in clause (c); (e) Dollar denominated floating rate notes and foreign currency denominated floating rate notes, in each case maturing within 12 months of the date of acquisition and having a rating of at least A- from S&P or the equivalent thereof from Xxxxx’x; (f) commercial paper rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x, and maturing within nine months of the date of acquisition; and (g) 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 $1,000,000,000 and has a rating of at least A- from S&P or the equivalent thereof from Xxxxx’x.

Cash Collateralize. the delivery of cash to Agent, as security for the payment of Obligations, in an amount equal to (a) with respect to LC Obligations, 103105% of the aggregate LC Obligations, and (b) with respect to any inchoate, contingent or other Obligations (including Secured Bank Product Obligations, but excluding indemnification obligations which are either contingent or inchoate to the extent no claims giving rise thereto have been asserted), Agent’s good faith faith, reasonable 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 Dominion Trigger Period: the period (a) commencing on any date in which a Specified Default or an Event of Default occurs or Availability is less than the greater of (i) $17,500,000 and (ii) 10% of the Commitments at such time and (b) continuing until the first date thereafter on which no Specified Default or Event of Default has existed for 45 consecutive days and Availability has been at least the greater of (i) $17,500,000 and (ii) 10% of the Commitments at all times for 45 consecutive days. Cash Equivalents: (a) direct marketable obligations ofissued by, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America (government or by any agency or instrumentality thereof to the extent such obligations are and backed by the full faith and credit of the United States of America)government, in each case maturing within one year from 12 months of the date of issuance thereofacquisition; (b) investments in commercial paper certificates of deposit, time deposits and bankers’ acceptances maturing within 270 days from 12 months of the date of issuance thereof and having, at such date of acquisition, and overnight bank deposits, in each case which are issued by Bank of the highest credit rating obtainable from Moody’s West, any Lender or from S&P; (c) investments in certificates of deposit, banker’s acceptances and time deposits maturing within one year from the date of acquisition thereof issued or guaranteed by or placed with, and money market deposit accounts issued or offered by, the Administrative Agent or any domestic office of any a commercial bank organized under the laws of the United States of America or any State thereof that has a combined capital and surplus and undivided profits state or district thereof, rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x at the date time of acquisition thereof of acquisition, and (unless issued by a Lender) not less than $500,000,000 and that issues (or the parent of which issues) commercial paper rated at least “Prime 1” (or the then equivalent grade) by Moody’s or “A-1” (or the then equivalent grade) by S&Psubject to offset rights; (dc) fully collateralized repurchase agreements obligations with a term of not more than 30 days for securities described in clause (a) above and entered into with a financial institution satisfying the criteria of clause (c) above; and (e) investments in “money market funds” within the meaning of Rule 2a-7 of the Investment Company Act of 1940, as amended, substantially all of whose assets are invested in underlying investments of the type types described in clauses (a) through and (b) entered into with any bank described in clause (b); (d) commercial paper issued by Bank of the West, any Lender or rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x, 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 Xxxxx’x or S&P.

Cash Collateralize. the delivery of cash to Agent, as security for the payment of Obligations, in an amount equal to (a) with respect to LC Obligations, 103% of the aggregate LC Obligations, and (b) with respect to any inchoate, contingent or other Obligations (including Secured Bank Product Obligations), Agent’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 Dominion Trigger Period: the period (a) commencing on any date in which a Specified Default or an Event of Default occurs or Specified Availability for three (3) consecutive Business Days is less than the greater of (i) $17,500,000 12,500,000 and (ii) 10% of the Commitments at such time and (b) continuing until the first date thereafter on which no Specified Default or Event of Default has existed for 45 30 consecutive days and Specified Availability has been at least the greater of (i) $17,500,000 12,500,000 and (ii) 10% of the Commitments at all times for 45 30 consecutive days. Cash Equivalents: (a) direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America (or by any agency thereof to the extent such obligations are backed by the full faith and credit of the United States of America), in each case maturing within one year from the date of issuance thereof; (b) investments in commercial paper maturing within 270 days from the date of issuance thereof and having, at such date of acquisition, the highest credit rating obtainable from Moody’s Xxxxx’x or from S&P; (c) investments in certificates of deposit, banker’s acceptances and time deposits maturing within one year from the date of acquisition thereof issued or guaranteed by or placed with, and money market deposit accounts issued or offered by, the Administrative Agent or any domestic office of any commercial bank organized under the laws of the United States of America or any State thereof that has a combined capital and surplus and undivided profits at the date of acquisition thereof of not less than $500,000,000 and that issues (or the parent of which issues) commercial paper rated at least “Prime 1” (or the then equivalent grade) by Moody’s Xxxxx’x or “A-1” (or the then equivalent grade) by S&P; (d) fully collateralized repurchase agreements with a term of not more than 30 days for securities described in clause (a) above and entered into with a financial institution satisfying the criteria of clause (c) above; and (e) investments in “money market funds” within the meaning of Rule 2a-7 of the Investment Company Act of 1940, as amended, substantially all of whose assets are invested in investments of the type described in clauses (a) through (d) above.

Cash Collateralize. the delivery of cash to Agent, as security for the payment of Obligations, in an amount equal to (a) with respect to LC Obligations, 103105% of the aggregate LC Obligations, and (b) with respect to any inchoate, inchoate or contingent or other Obligations (including Secured Obligations arising under Bank Product ObligationsProducts), Agent’s good faith estimate of the amount due or to become due, including fees, expenses all fees and indemnification hereunderother amounts relating to such Obligations. “Cash Collateralization” has a correlative meaning. Cash Dominion Trigger PeriodEvent — the occurrence of any of the following: the period (a) commencing on any date in which a Specified Default Availability falls below $35,000,000, or an Event of Default occurs or Availability is less than the greater of (i) $17,500,000 and (ii) 10% of the Commitments at such time and (b) continuing until the first date thereafter on which no Specified a Default or Event of Default has existed for 45 consecutive days and Availability has been at least the greater of (i) $17,500,000 and (ii) 10% of the Commitments at all times for 45 consecutive daysDefault. Cash Equivalents: Equivalents — as at any date, (a) direct obligations of, securities issued or obligations the principal of directly and interest on which are unconditionally fully guaranteed by, or insured by the United States of America (or by any agency or instrumentality thereof to the extent such obligations are backed by (provided that the full faith and credit of the United States is pledged in support thereof) having maturities of Americanot more than twelve months from the date of acquisition, (b) Dollar denominated time deposits and certificates of deposit of (i) any Lender, (ii) any domestic commercial bank of recognized standing having capital and surplus in excess of $500,000,000 or (iii) any bank whose short-term commercial paper rating from S&P is at least A-1 or the equivalent thereof or from Mxxxx’x is at least P-1 or the equivalent thereof (any such bank being an “Approved Bank”), in each case maturing within one year from the date with maturities of issuance thereof; (b) investments in commercial paper maturing within not more than 270 days from the date of issuance thereof acquisition and having(unless issued by a Lender) not subject to offset rights, at such (c) with respect to any Foreign Subsidiary, (1) time deposits and customary short term investments with one of the three largest banks doing business in the jurisdiction in which the Foreign Subsidiary is conducting business, and (2) other short term investments customarily used by multinational corporations in the country in which the Foreign Subsidiary is conducting business for the purpose of cash management, which investments have the preservation of capital as their primary objective, (d) commercial paper and variable or fixed rate notes issued by any Approved Bank (or by the parent company thereof) or any variable rate notes issued by, or guaranteed by, any domestic corporation rated A-1 (or the equivalent thereof) or better by S&P or P-1 (or the equivalent thereof) or better by Moody’s and maturing within six months of the date of acquisition, (e) repurchase agreements entered into by any Person with a bank or trust company (including any of the highest credit rating obtainable from Moody’s Lenders) or from S&P; recognized securities dealer having capital and surplus in excess of $500,000,000 for direct obligations issued by or fully guaranteed by the United States in which such Person shall have a perfected first priority security interest (csubject to no other Liens) investments in certificates of depositand having, banker’s acceptances and time deposits maturing within one year from on the date of acquisition thereof issued or guaranteed by or placed withpurchase thereof, a fair market value of at least 100% of the amount of the repurchase obligations and (f) Investments, classified in accordance with GAAP as current assets, in money market deposit accounts issued or offered by, the Administrative Agent or any domestic office of any commercial bank organized investment programs registered under the laws of the United States of America or any State thereof that has a combined capital and surplus and undivided profits at the date of acquisition thereof of not less than $500,000,000 and that issues (or the parent of which issues) commercial paper rated at least “Prime 1” (or the then equivalent grade) by Moody’s or “A-1” (or the then equivalent grade) by S&P; (d) fully collateralized repurchase agreements with a term of not more than 30 days for securities described in clause (a) above and entered into with a financial institution satisfying the criteria of clause (c) above; and (e) investments in “money market funds” within the meaning of Rule 2a-7 of the Investment Company Act of 1940, as amended, substantially all which are not subject to offset and are administered by reputable financial institutions having capital of at least $500,000,000 and the portfolios of which are limited to Investments whose assets primary objective is the preservation of capital and whose investments are invested limited to “cash equivalents” as defined under GAAP. Cash Management Services — any services provided from time to time by Bank of America or any of its Affiliates to any Borrower or Subsidiary in investments of connection with operating, collections, payroll, trust, or other depository or disbursement accounts, including automatic clearinghouse, controlled disbursement, depository, electronic funds transfer, information reporting, lockbox, stop payment, overdraft and/or wire transfer services. CERCLA — the type described in clauses Comprehensive Environmental Response Compensation and Liability Act (a) through (d) above42 U.S.C. § 9601 et seq.).