Common use of Cash Collateralize Clause in Contracts

Cash Collateralize. the delivery of cash to the Applicable Agent, as security for the payment of Obligations, in an amount equal to (a) with respect to US LC Obligations or Canadian LC Obligations, 105% of the aggregate US LC Obligations or Canadian LC Obligations, as the case may be, and (b) with respect to any inchoate, contingent or other Obligations (including Obligations arising under Bank Products), the Administrative Agent’s good faith estimate of the amount due or to become due, including all fees and other 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 or issued by any agency of the United States the obligations of which are backed by the full faith and credit of the United States, in each case maturing within 12 months of the date of acquisition; (b) marketable direct obligations issued by any state of the United States of America or any political subdivision of any such state or any public instrumentality thereof, in each case maturing within 12 months after such date and having, at the time of acquisition thereof, a rating of at least A-1 from S&P or at least P-1 from Xxxxx’x; (c) 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 organized under (i) the laws of the United States or any state or district thereof or (ii) the laws of Canada or any province or territory thereof, in each case, rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x at the time of acquisition; (d) repurchase obligations with a term of not more than 30 days for underlying investments of the types described in clauses (a) and (b) and (c) entered into with any bank meeting the qualifications specified in clause (c); (e) commercial paper rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x, and maturing within twelve months of the date of acquisition; and (f) 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 Management Services - any services provided from time to time by any Agent, any Lender or any of its Affiliates or branches to any Borrower, any Guarantor or any Subsidiary in 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 Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. § 9601 et seq.).

Cash Collateralize. the delivery of cash to the Applicable Agent, as security for the payment of Obligations, in an amount equal to (a) with respect to US LC Obligations or Canadian LC Obligations, 105% of the aggregate US LC Obligations or Canadian LC Obligations, as the case may be, and (b) with respect to any inchoate, contingent or other Obligations (including Obligations arising under Secured Bank ProductsProduct Obligations), the Administrative Agent’s good faith estimate of the amount due or to become due, including all fees contracted for and other amounts relating to such Obligations. “Cash Collateralization” has a correlative meaning. Cash Equivalents - Equivalents: (a) marketable obligations issued or unconditionally guaranteed by, and backed by the full faith and credit of, the United States government or issued by any agency of the United States the obligations of which are backed by the full faith and credit of the United Statesgovernment, in each case maturing within 12 months of the date of acquisition; (b) marketable direct obligations issued by any state of the United States of America or any political subdivision of any such state or any public instrumentality thereof, in each case maturing within 12 months after such date and having, at the time of acquisition thereof, a rating of at least A-1 from S&P or at least P-1 from Xxxxx’x; (c) 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 Capital One or a commercial bank organized under (i) the laws of the United States or any state or district thereof or (ii) the laws of Canada or any province or territory thereof, in each case, rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x at the time of acquisition, and (unless issued by a Lender) not subject to offset rights; (dc) repurchase obligations with a term of not more than 30 days for underlying investments of the types described in clauses (a) and (b) and (c) entered into with any bank meeting the qualifications specified in clause (cb); (ed) commercial paper issued by Capital One or rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x, and maturing within twelve nine months of the date of acquisition; and (fe) 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 Management Services - Services: any services provided from time to time by any Agent, any Lender Capital One or any of its Affiliates or branches to any Borrower, any Guarantor Obligor or any Subsidiary in connection with operating, collections, payroll, trust, or other depository or disbursement accounts, including automatic automated clearinghouse, controlled disbursement, depositorye-payable, electronic funds transfer, wire transfer, controlled disbursement, overdraft, depository, information reporting, lockbox, lockbox and stop payment, overdraft and/or wire transfer payment services. CERCLA - CERCLA: the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. § 9601 et seq.).

Cash Collateralize. the delivery of cash or Cash Equivalents to the Applicable Agent, as security for the payment of Obligations, in an amount equal to (a) with respect to US LC Obligations or Canadian LC Obligations, 105% of the aggregate US LC Obligations or Canadian LC Obligations, as the case may be, and (b) with respect to any inchoate, contingent or other Obligations (including Obligations arising under Bank ProductsProducts and Secured Hedging Obligations), the Administrative Agent’s good faith estimate of the amount that is due or to could become due, including all fees and other amounts relating to such Obligations. “Cash Collateralization” has a and “Cash Collateralized” have correlative meaningmeanings. Cash Equivalents - Equivalents: (a) marketable obligations issued or unconditionally guaranteed by, and backed by the full faith and credit of, the United States government or issued by any agency of the United States the obligations of which are backed by the full faith and credit of the United StatesCanadian government, in each case maturing within 12 twelve (12) months of the date of acquisition; (b) marketable direct obligations issued by any state of the United States or province or territory of America Canada, or any political subdivision of any such state state, province or territory or any public instrumentality thereof, in each case maturing within 12 twelve (12) months after such of the date and having, at the time of acquisition thereof, and having a rating of at least A-1 A from S&P or at least P-1 the equivalent thereof from Xxxxx’x; (c) certificates of deposit, demand deposits, time deposits and bankers’ acceptances maturing within 12 twelve (12) months of the date of acquisition, and overnight bank deposits, in each case which are issued by a commercial bank organized under (i) the laws of the United States States, Canada or any state or district thereof of the United States or (ii) the laws of Canada or any province or territory thereof, in each caseof Canada, rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x at the time of acquisition, and (unless issued by a Lender) not subject to offset rights; (d) repurchase obligations with a term of not more than 30 thirty (30) days for underlying investments of the types described in clauses (a) and ), (b) and (c) entered into with any bank meeting the qualifications specified in clause (c); (e) commercial paper rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x, and maturing within twelve nine (9) months of the date of acquisition; and (f) 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 Management Services - Services: any services provided from time to time by any Agent, any Lender or any of its Affiliates or branches to any Borrower, any Guarantor or any Subsidiary Loan Party in connection with operating, collections, payroll, trust, or other depository or disbursement accounts, including automatic automated clearinghouse, controlled disbursement, depositorye-payable, electronic funds transfer, wire transfer, controlled disbursement, overdraft, depository, information reporting, lockbox, lockbox and stop payment, overdraft and/or wire transfer payment services. CERCLA - Cash Trigger Period: the Comprehensive Environmental Response Compensation period commencing on any day that either (a) a Default or Event of Default occurs or (b) Liquidity for five (5) consecutive days is less than the greater of (i) $30,000,000 and Liability Act (42 U.S.C. § 9601 et seqii) ten percent (10%) of the Line Cap. The occurrence of a Cash Trigger Period shall be deemed to exist and to be continuing notwithstanding that Liquidity may thereafter exceed the amount set forth in the preceding sentence unless and until (i) in the case of a Cash Trigger Period existing as a result of clause (a) of the preceding sentence, no Default or Event of Default exists and (ii) in the case of a Cash Trigger Period existing as a result of clause (b) in the preceding sentence, Liquidity shall exceed the greater of (i) $30,000,000 and (ii) ten percent (10%) of the Line Cap for thirty (30) consecutive calendar days, in which event a Cash Trigger Period shall no longer be deemed to be existing or be continuing; provided that a Cash Trigger Period shall be deemed continuing for the remainder of any given Fiscal Year (even if an Event of Default is no longer continuing and/or Liquidity exceeds the required amount thereof for thirty (30) consecutive calendar days) if a Cash Trigger Period has previously occurred and been discontinued on two (2) occasions, in each case, in the current Fiscal Year. The termination of a Cash Trigger Period as provided herein shall in no way limit, waive or delay the occurrence of a subsequent Cash Trigger Period in the event that the conditions set forth in this definition again arise.).

Cash Collateralize. the delivery of cash Cash Collateral to the Applicable Agent, as security for the payment of Obligations, in an amount equal to (a) with respect to US LC Obligations or Canadian LC Obligations, 105% of the aggregate US LC Obligations or Canadian LC Obligations, as the case may be, and (b) with respect to any inchoate, contingent or other Obligations (including Obligations arising under Bank Products), the Administrative Agent’s reasonable and good faith estimate of the amount due or to become due, including all fees and other amounts relating to such Obligations. “Cash Collateralization” has a correlative meaning. Cash Equivalents - Equivalents: (a) marketable obligations issued or unconditionally guaranteed by, and backed by the full faith and credit of, the United States government or issued by any agency of the United States the obligations of which are backed by the full faith and credit of the United StatesCanadian government, in each case maturing within 12 months of the date of acquisition; (b) marketable direct obligations issued by any state of the United States of America or any political subdivision of any such state or any public instrumentality thereof, in each case maturing within 12 months after such date and having, at the time of acquisition thereof, a rating of at least A-1 from S&P or at least P-1 from Xxxxx’x; (c) 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 organized under (i) the laws of the United States States, Canada or any state or district thereof of the United States or (ii) the laws of Canada or any province or territory thereof, in each caseof Canada, rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x at the time of acquisition, and (unless issued by a Lender) not subject to offset rights; (dc) repurchase obligations with a term of not more than 30 thirty (30) days for underlying investments of the types described in clauses (a) and (b) and (c) entered into with any bank financial institution meeting the qualifications specified in clause (cb); (ed) commercial paper rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x, and maturing within twelve nine months of the date of acquisition; and (fe) 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 Management Services - Services: any services provided from time to time by any Agent, any Lender or any of its Affiliates or branches to any Borrower, any Guarantor Borrower or any Subsidiary in connection with operating, collections, payroll, trust, or other depository or disbursement accounts, including automatic automated clearinghouse, controlled disbursement, depositorye-payable, electronic funds transfer, wire transfer, controlled disbursement, overdraft, depository, information reporting, lockbox, lockbox and stop payment, overdraft and/or wire transfer payment services. CERCLA - CERCLA: the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. § 9601 et seq.).. \8885650.14

Cash Collateralize. the delivery of cash to the Applicable Agent, as security for the payment of Obligations, in an amount equal to (a) with respect to US LC Obligations or Canadian LC Obligations, 105% of the aggregate US LC Obligations or Canadian LC Obligations, as the case may be, and (b) with respect to any inchoate, inchoate or contingent or other Obligations (including Obligations arising under Bank Products)) upon a Person’s asserting a Claim (or when to a Loan Party’s knowledge, the Administrative a Person will imminently assert a Claim) for such inchoate or contingent Obligations, Agent’s good faith estimate of the amount due or to become due, including all fees and other amounts relating to such Obligations. “Cash Collateralization” has a correlative meaning. Cash EBITDA- determined, for any period, on a consolidated basis for a given Person, Consolidated Net Income for such period, plus (a) to the extent deducted in computing such Consolidated Net Income, the sum, without duplication of (i) preferred stock dividend expense, (ii) all Federal, state, local and foreign income taxes, (iii) Consolidated Interest Charges, (iv) depreciation, amortization of intangibles and (v) non-cash expenses arising from the issuance of employee stock options for such period minus, (b) to the extent included in computing such Consolidated Net Income, (vi) any gains realized upon any Asset Disposition and (vii) any non-cash income or non-cash gains, all as determined on a consolidated basis in accordance with GAAP. Cash Equivalents - (a) marketable obligations issued or unconditionally guaranteed by, and backed by the full faith and credit of, the United States government or issued by any agency of the United States the obligations of which are backed by the full faith and credit of the United StatesCanadian government, in each case maturing within 12 months of the date of acquisition; (b) marketable direct obligations issued by any state of the United States of America or any political subdivision of any such state or any public instrumentality thereof, in each case maturing within 12 months after such date and having, at the time of acquisition thereof, a rating of at least A-1 from S&P or at least P-1 from Xxxxx’x; (c) 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 organized under (i) the laws of the United States or any state or district thereof or (ii) under the laws of Canada or any province or territory thereof, in each case, rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x Mxxxx’x at the time of acquisition, and (unless issued by a Lender) not subject to offset rights; (dc) repurchase obligations with a term of not more than 30 days for underlying investments of the types described in clauses (a) and (b) and (c) entered into with any bank meeting the qualifications specified in clause (cb); (ed) commercial paper rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’xMoody’s, and maturing within twelve nine months of the date of acquisition; and (fe) 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 Moody’s or S&P. Cash Management Services - any services provided from time to time by any Agent, any Lender Bank of America or any of its branches or Affiliates or branches to any BorrowerConferencing-Canada, any Guarantor Borrower or any Subsidiary in 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 Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. § 9601 et seq.).