Common use of Cash Dominion Period Clause in Contracts

Cash Dominion Period. All proceeds of ABL Priority Collateral shall be deposited by the Credit Parties in accordance with Section 5.17(b). Promptly after the Third Amendment Effective Date, the Collateral Agent shall deliver Activation Notices and otherwise instruct each depositary bank of any Credit Party that is party to a Control Agreement (including PNC Bank) to transfer on each Business Day (or with such other frequency as shall be specified by the Administrative Agent) to an Administrative Agent Account all funds then on deposit in the deposit accounts subject to such Control Agreement. On each Business Day immediately following the day of receipt by the Administrative Agent of any funds pursuant to a transfer referred to above, the Administrative Agent shall apply all funds so received first to prepay any outstanding Protective Advances, second to prepay any outstanding Swing Line Loans, third to prepay any outstanding Revolving Loans (without a corresponding reduction in Revolving Commitments), fourth to Cash Collateralize any outstanding Letter of Credit Usage in accordance with Section 2.4(l) and, following such application thereof, shall remit the remaining funds so received, if any, to the Borrower; provided that upon the occurrence and during the continuance of an Event of Default, all funds so received shall be applied in accordance with Section 2.16(f) (and, pending such application, may be held as Cash Collateral). The Credit Parties hereby direct the Administrative Agent to apply the funds as so specified and authorize the Administrative Agent to determine the order of application of such funds as among the individual Borrowings and items of Letter of Credit Usage. For the avoidance of doubt, funds used to reduce outstanding amounts may be reborrowed, subject to satisfaction of the conditions set forth in Section 3.2 and the other terms hereof.

Cash Dominion Period. All proceeds Upon the commencement and during the continuance of ABL Priority Collateral a Cash Dominion Period, (i) the Administrative Agent may (but shall not be deposited by the Credit Parties in accordance with Section 5.17(b). Promptly after the Third Amendment Effective Date, the Collateral Agent shall deliver Activation Notices and otherwise required to) instruct each depositary bank of any Credit Party that is party with respect to a Control Agreement (including PNC Bank) Controlled Account to transfer on each Business Day (or with such other frequency as shall be specified by the Administrative Agent) to an Administrative Agent Account all funds then on deposit in such Controlled Account, (ii) at the request of the Administrative Agent, the Borrower shall cause each Credit Party to instruct each depositary bank that maintains any Deposit Accounts of a Credit Party (that do not constitute Excluded Property or Controlled Accounts), to transfer on each Business Day (or with such other frequency as shall be specified by the Administrative Agent) to an Administrative Agent Account all funds then on deposit accounts subject to in such Control Agreement. On Controlled Account; and (ii) on each Business Day immediately following the day of receipt by the Administrative Agent of any funds pursuant to a transfer referred to in clause (i) above, the Administrative Agent shall apply all funds so received first to prepay any outstanding Protective Advances, second to prepay any outstanding Swing Line Loans, third to prepay any outstanding Revolving Loans (without a corresponding reduction in Revolving Commitments), fourth to Cash Collateralize any outstanding Letter of Credit Usage in accordance with Section 2.4(l2.3(h) and, following such application thereof, shall remit the remaining funds so received, if any, to the Borrower; provided that upon the occurrence and during the continuance of an Event of Default, all funds so received shall be applied in accordance with Section 2.16(f2.15(e) (and, pending such application, may be held as Cash Collateral). The Credit Parties hereby direct the Administrative Agent to apply the funds as so specified and authorize the Administrative Agent to determine the order of application of such funds as among the individual Borrowings and items of Letter of Credit Usage. For the avoidance of doubt, funds used to reduce outstanding amounts may be reborrowed, subject to satisfaction of the conditions set forth in Section 3.2 and the other terms hereof.

Cash Dominion Period. All proceeds of ABL Priority Collateral shall be deposited by the Credit Parties in accordance with Section 5.17(b). Promptly after the Third Amendment Effective Date, the Collateral Agent shall deliver Activation Notices and otherwise instruct each depositary bank of any Credit Party that is party to a Control Agreement (including PNC Bank) to transfer on each Business Day (or with such other frequency as shall be specified by the Administrative Agent) to an Administrative Agent Account all funds then on deposit in the deposit accounts subject to such Control Agreement. On each Business Day immediately following the day of receipt by the Administrative Agent of any funds pursuant to a transfer referred to above, the Administrative Agent shall apply all funds so received first to prepay any outstanding Protective Advances, second to prepay any outstanding Swing Line Loans, third to prepay any outstanding Revolving Loans (without a corresponding reduction in Revolving Commitments), fourth to Cash Collateralize any outstanding Letter of Credit Usage in accordance with Section 2.4(l) and, following such application thereof, shall remit the remaining funds so received, if any, to the Borrower; provided that upon the occurrence and during the continuance of an Event of Default, all funds so received shall be applied in accordance with Section 2.16(f) (and, pending such application, may be held as Cash Collateral). The Credit Parties hereby direct the Administrative Agent to apply the funds as so specified and authorize the Administrative Agent to determine the order of application of such funds as among the individual Borrowings and items of Letter of Credit Usage. For the avoidance of doubt, funds used to reduce outstanding amounts may be reborrowed, subject to satisfaction of the conditions set forth in Section 3.2 and the other terms hereof.. (c)

Cash Dominion Period. All proceeds Upon the commencement and during the continuance of ABL Priority Collateral shall be deposited by a Cash Dominion Period, (i) the Credit Parties in accordance with Section 5.17(b). Promptly after the Third Amendment Effective Date, the Collateral Administrative Agent shall deliver Activation Notices and otherwise instruct each depositary bank of any Credit Loan Party that is party to a Control Agreement (including PNC Bank) to transfer on each Business Day (or with such other frequency as shall be specified by the Administrative Agent) to an Administrative Agent Account all funds then on deposit in the deposit accounts subject to such Control Agreement. On ; and (ii) on each Business Day immediately following the day of receipt by the Administrative Agent of any funds pursuant to a transfer referred to in clause (i) above or pursuant to a prepayment pursuant to clause (a) above, the Administrative Agent shall apply all funds so received first first, to prepay any outstanding Protective AdvancesAdvances and Overadvances; second, second to prepay any outstanding Swing Line Loans; third, third to prepay any outstanding Revolving Loans (without a corresponding reduction in Revolving Commitments); fourth, fourth to Cash Collateralize any outstanding Letter of Credit Usage in accordance with Section 2.4(l2.03(8) and, following such application thereof, shall remit the remaining funds so received, if any, to the Borrower; provided that upon the occurrence and during the continuance of an Event of Default, all funds so received shall be applied in accordance with Section 2.16(f) 8.03 (and, pending such application, may be held as Cash Collateral). The Credit Loan Parties hereby direct the Administrative Agent to apply the funds as so specified and authorize the Administrative Agent to determine the order of application of such funds as among the individual Borrowings Loans and items of Letter of Credit Usage. For the avoidance of doubt, funds used to reduce outstanding amounts may be reborrowed, subject to satisfaction of the conditions set forth in Section 3.2 4.02 and the other terms hereof.. (c)

Cash Dominion Period. All proceeds Upon the commencement and during the continuance of ABL Priority Collateral shall be deposited by a Cash Dominion Period, (i) the Credit Parties in accordance with Section 5.17(b). Promptly after the Third Amendment Effective Date, the Collateral Administrative Agent shall deliver Activation Notices and otherwise instruct each depositary bank of any Credit Loan Party that is party to a Control Agreement (including PNC Bank) to transfer on each Business Day (or with such other frequency as shall be specified by the Administrative Agent) to an Administrative Agent Account all funds then on deposit in the deposit accounts subject to such Control Agreement. On ; and (ii) on each Business Day immediately following the day of receipt by the Administrative Agent of any funds pursuant to a transfer referred to in clause (i) above or pursuant to a prepayment pursuant to clause (a) above, the Administrative Agent shall apply all funds so received first first, to prepay any outstanding Protective AdvancesAdvances and Overadvances; second, second to prepay any outstanding Swing Line Loans; third, third to prepay any outstanding Revolving Loans (without a corresponding reduction in Revolving Commitments); fourth, fourth to Cash Collateralize any outstanding Letter of Credit Usage in accordance with Section 2.4(l2.03(8) and, following such application thereof, shall remit the remaining funds so received, if any, to the Borrower; 141 provided that upon the occurrence and during the continuance of an Event of Default, all funds so received shall be applied in accordance with Section 2.16(f) 8.03 (and, pending such application, may be held as Cash Collateral). The Credit Loan Parties hereby direct the Administrative Agent to apply the funds as so specified and authorize the Administrative Agent to determine the order of application of such funds as among the individual Borrowings Loans and items of Letter of Credit Usage. For the avoidance of doubt, funds used to reduce outstanding amounts may be reborrowed, subject to satisfaction of the conditions set forth in Section 3.2 4.02 and the other terms hereof.

Cash Dominion Period. All proceeds of ABL Priority Collateral shall be deposited by the Credit Parties in accordance with Section 5.17(b). Promptly after the Third Amendment Effective Date, the Collateral Agent shall deliver Activation Notices and otherwise instruct each depositary bank of any Credit Party that is party to a Control Agreement (including PNC Bank) to transfer on each Business Day (or with such other frequency as shall be specified by the Administrative Agent) to an Administrative Agent Account all funds then on deposit in the deposit accounts subject to such Control Agreement. On each Business Day immediately following the day of receipt by the Administrative Agent of any funds pursuant to a transfer referred to above, the Administrative Agent shall apply all funds so received first to prepay any outstanding Protective Advances, second to prepay any outstanding Swing Line Loans, third to prepay any outstanding Revolving Loans (without a corresponding reduction in Revolving Commitments), fourth to Cash Collateralize any outstanding Letter of Credit Usage in accordance with Section 2.4(l) and, following such application thereof, shall remit the remaining funds so received, if any, to the Borrower; provided that upon the occurrence and during the continuance of an Event of Default, all funds so received shall be applied in accordance with Section 2.16(f) (and, pending such application, may be held as Cash Collateral). The Credit Parties hereby direct the Administrative Agent to apply the funds as so specified and authorize the Administrative Agent to determine the order of application of such funds as among the individual Borrowings and items of Letter of Credit Usage. For the avoidance of doubt, funds used to reduce outstanding amounts may be reborrowed, subject to satisfaction of the conditions set forth in Section 3.2 and the other terms hereof.. 112

Cash Dominion Period. All proceeds Upon the commencement and during the continuance of ABL Priority Collateral shall be deposited by a Cash Dominion Period, (i) the Credit Parties in accordance with Section 5.17(b). Promptly after the Third Amendment Effective Date, the Collateral Administrative Agent shall deliver Activation Notices and otherwise instruct each depositary bank of any Credit Loan Party that is party to a Control Agreement (including PNC Bank) to transfer on each Business Day (or with such other frequency as shall be specified by the Administrative Agent) to an Administrative Agent Account all funds then on deposit in the deposit accounts subject to such Control Agreement. On ; and (ii) on each Business Day immediately following the day of receipt by the Administrative Agent of any funds pursuant to a transfer referred to in clause (i) above or pursuant to a prepayment pursuant to clause (a) above, the Administrative Agent shall apply all funds so received first first, to prepay any outstanding Protective AdvancesAdvances and Overadvances; second, second to prepay any outstanding Swing Line Loans; third, third to prepay any outstanding Revolving Loans (without a corresponding reduction in Revolving Commitments); fourth, fourth to Cash Collateralize any outstanding Letter of Credit Usage in accordance with Section 2.4(l2.03(8) and, following such application thereof, shall remit the remaining funds so received, if any, to the Borrower; provided that upon the occurrence and during the continuance of an Event of Default, all funds so received shall be applied in accordance with Section 2.16(f) 8.03 (and, pending such application, may be held as Cash Collateral). The Credit Loan Parties hereby direct the Administrative Agent to apply the funds as so specified and authorize the Administrative Agent to determine the order of application of such funds as among the individual Borrowings Loans and items of Letter of Credit Usage. For the avoidance of doubt, funds used to reduce outstanding amounts may be reborrowed, subject to satisfaction of the conditions set forth in Section 3.2 4.02 and the other terms hereof.. 123

Cash Dominion Period. All proceeds Upon the commencement and during the continuance of ABL Priority Collateral shall be deposited by a Cash Dominion Period, (i) the Credit Parties in accordance with Section 5.17(b). Promptly after the Third Amendment Effective Date, the Collateral Administrative Agent shall deliver Activation Notices and otherwise instruct each depositary bank of any Credit Loan Party that is party to a Control Agreement (including PNC Bank) to transfer on each Business Day (or with such other frequency as shall be specified by the Administrative Agent) to an Administrative Agent Account all funds then on deposit in the deposit accounts subject to such Control Agreement. On ; and (ii) on each Business Day immediately following the day of receipt by the Administrative Agent of any funds pursuant to a transfer referred to in clause (i) above or pursuant to a prepayment pursuant to clause (a) above, the Administrative Agent shall apply all funds so received first first, to prepay any outstanding Protective AdvancesAdvances and Overadvances; second, second to prepay any outstanding Swing Line Loans; third, third to prepay any outstanding Revolving Loans (without a corresponding reduction in Revolving Commitments); fourth, fourth to Cash Collateralize any outstanding Letter of Credit Usage in accordance with Section 2.4(l2.03(8) and, following such application thereof, shall remit the remaining funds so received, if any, to the Borrower; provided that upon the occurrence and during the continuance of an Event of Default, all funds so received shall be applied in accordance with Section 2.16(f) 8.03 (and, pending such application, may be held as Cash Collateral). The Credit Loan Parties hereby direct the Administrative Agent to apply the funds as so specified and authorize the Administrative Agent to determine the order of application of such funds as among the individual Borrowings Loans and items of Letter of Credit Usage. For the avoidance of doubt, funds used to reduce outstanding amounts may be reborrowed, subject to satisfaction of the conditions set forth in Section 3.2 4.02 and the other terms hereof.