Common use of Cash Cover by Borrower Clause in Contracts

Cash Cover by Borrower. (a) If a Lender which is a Non–Acceptable L/C Lender fails to provide cash collateral (or notifies the Issuing Bank that it will not provide cash collateral) in accordance with Section 2.47 (Cash Collateral by Non–Acceptable L/C Lender) and the Issuing Bank notifies the Loan Parties’ Agent (with a copy to the Administrative Agent) that it requires the Borrower of the relevant Letter of Credit or proposed Letter of Credit to provide cash cover to an account with the Issuing Bank in an amount equal to that Lender’s L/C Proportion of the outstanding amount of that Letter of Credit and in the currency of that Letter of Credit then that Borrower shall do so within three Business Days after the notice is given.

Appears in 2 contracts

Samples: Credit Agreement (1295728 Alberta ULC), Intercreditor Agreement (1295728 Alberta ULC)

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Cash Cover by Borrower. (a) If a Lender which is a Non-Acceptable L/C Lender fails to provide cash collateral (or notifies the Issuing Bank that it will not provide cash collateral) in accordance with Section 2.47 Clause 7.4 (Cash Collateral collateral by Non-Acceptable L/C Lender) and the Issuing Bank notifies the Loan PartiesObligors’ Agent (with a copy to the Administrative Agent) that it requires the Borrower of the relevant Letter of Credit or proposed Letter of Credit to provide cash cover to an account with the Issuing Bank in an amount equal to that Lender’s L/C Proportion of the outstanding amount of that Letter of Credit and in the currency of that Letter of Credit then that Borrower shall do so within three Business Days after the notice is given.

Appears in 2 contracts

Samples: South Texas Supply Company, Inc., South Texas Supply Company, Inc.

Cash Cover by Borrower. (a) If a Lender which is a Non-Acceptable L/C Lender fails to provide cash collateral (or notifies the an Issuing Bank that it will not provide cash collateral) in accordance with Section 2.47 Clause 7.4 (Cash Collateral collateral by Non-Acceptable L/C Lender) and the Issuing Bank notifies the Loan PartiesObligors’ Agent (with a copy to the Administrative Agent) that it requires the Borrower of the relevant Letter of Credit or proposed Letter of Credit to provide cash cover to an account with the Issuing Bank in an amount equal to that Lender’s L/C Proportion of the outstanding amount of that Letter of Credit and in the currency of that Letter of Credit then that Borrower shall do so within three five (5) Business Days (or such longer date as is agreed with the Issuing Bank (acting reasonably)) after the notice is given.

Appears in 1 contract

Samples: Facilities Agreement (Atento S.A.)

Cash Cover by Borrower. (a) If a Lender which is a Non-Acceptable L/C Lender fails to provide cash collateral (or notifies the Issuing Bank that it will not provide cash collateral) in accordance with Section 2.47 Clause 8.4 (Cash Collateral collateral by Non-Acceptable L/C Lender) and ), the Issuing Bank notifies shall notify the Loan Parties’ Agent Company (with a copy to the Administrative Agent) that it requires the Borrower of the relevant Letter of Credit or proposed Letter of Credit to provide cash cover to an account with the Issuing Bank in an amount equal to that Lender’s L/C Proportion of the outstanding amount of that Letter of Credit and in the currency of that Letter of Credit then that Borrower shall do so within three Business Days after the notice is given.

Appears in 1 contract

Samples: Facilities Agreement (Manchester United Ltd.)

Cash Cover by Borrower. (a) If a Lender which is a Non-Acceptable L/C Lender fails to provide cash collateral (or notifies the Issuing Bank that it will not provide cash collateral) in accordance with Section 2.47 Clause 7.4 (Cash Collateral collateral by Non-Acceptable L/C Lender) and the Issuing Bank notifies the Loan PartiesObligors’ Agent (with a copy to the Administrative Facility Agent) that it requires the Borrower of the relevant Letter of Credit or proposed Letter of Credit to provide cash cover to an account with the Issuing Bank in an amount equal to that Lender’s L/C Proportion of the outstanding amount of that Letter of Credit and in the currency of that Letter of Credit then that Borrower shall do so within three five Business Days after the notice is given.

Appears in 1 contract

Samples: Facilities Agreement (ShangPharma Corp)

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Cash Cover by Borrower. (a) If a Lender which is a Non-Acceptable L/C Lender fails to provide cash collateral (or notifies the Issuing Bank that it will not provide cash collateral) in accordance with Section 2.47 Clause 7.4 (Cash Collateral collateral by Non-Acceptable L/C Lender) and the Issuing Bank notifies the Loan PartiesObligors’ Agent (with a copy to the Administrative Agent) that it requires the Borrower of the relevant Letter of Credit or proposed Letter of Credit to provide cash cover to an account with the Issuing Bank in an amount equal to that Lender’s L/C Proportion of the outstanding amount of that Letter of Credit and in the currency of that Letter of Credit Credit, then that Borrower shall do so within three five Business Days after the notice is given.

Appears in 1 contract

Samples: Facility Agreement (Orion Engineered Carbons S.a r.l.)

Cash Cover by Borrower. (a) If a Lender which is a Non-Acceptable L/C Lender fails to provide cash collateral (or notifies the Issuing Bank that it will not provide cash collateral) in accordance with Section 2.47 Clause ‎8.5 (Cash Collateral collateral by Non-Acceptable L/C Lender) and the Issuing Bank notifies the Loan Parties’ Agent Company (with a copy to the Administrative Agent) that it requires the Borrower of the relevant Letter of Credit or proposed Letter of Credit to provide cash cover to an account with the Issuing Bank in an amount equal to that Lender’s L/C Proportion of the outstanding amount of that Letter of Credit and in the currency of that Letter of Credit then that Borrower shall do so within three Business Days after the notice is given.

Appears in 1 contract

Samples: Linde PLC

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