Common use of Cash Equivalents Clause in Contracts

Cash Equivalents. (a) marketable direct obligations issued by, or unconditionally guaranteed by, the United States government or issued by any agency thereof and backed by the full faith and credit of the United States, in each case maturing within one year from the date of acquisition; (b) certificates of deposit, time deposits, Eurodollar time deposits or overnight bank deposits having maturities of six months or less from the date of acquisition issued by any Lender or by any commercial bank organized under the laws of the United States of America or any state thereof having combined capital and surplus of not less than $500,000,000; (c) commercial paper of an issuer rated at least A-2 by S&P or P-2 by Xxxxx’x, or carrying an equivalent rating by a “nationally recognized statistical rating organization” (within the meaning of proposed Rule 3b-10 promulgated by the SEC under the Exchange Act), if both of the two named rating agencies cease publishing ratings of commercial paper issuers generally, and maturing within six months from the date of acquisition; (d) repurchase obligations of any Lender or of any commercial bank satisfying the requirements of clause (b) of this definition, having a term of not more than 30 days with respect to securities issued or fully guaranteed or insured by the United States government; (e) securities with maturities of one year or less from the date of acquisition issued or fully guaranteed by any state, commonwealth or territory of the United States, by any political subdivision or taxing authority of any such state, commonwealth or territory, the securities of which state, commonwealth, territory, political subdivision or taxing authority (as the case may be) are rated at least A by S&P or A by Xxxxx’x; (f) securities with maturities of six months or less from the date of acquisition backed by standby letters of credit issued by any Lender or any commercial bank satisfying the requirements of clause (b) of this definition; and (g) shares of money market mutual or similar funds which invest exclusively in assets satisfying the requirements of clauses (a) through (f) of this definition.

Cash Equivalents. Any of the following: (a) marketable direct obligations issued by, or unconditionally guaranteed by, the United States government or issued by any agency thereof and backed by the full faith and credit of the United States, in each case maturing within one year twelve months from the date of acquisition; (b) certificates of deposit, time deposits, Eurodollar deposit and eurodollar time deposits or overnight bank deposits having with maturities of six twelve months or less from the date of acquisition issued by and overnight bank deposits of any Lender or by of any commercial bank organized under the laws of the United States of America or any state thereof having combined capital and surplus in excess of $300,000,000 or, so long as such investments do not less than exceed Two Million Dollars ($500,000,0002,000,000), Yardville National Bank; (c) commercial paper of an a domestic issuer rated at least A-2 A-1 by S&P or P-2 P-1 by Xxxxx’x, or carrying an equivalent rating by a “nationally recognized statistical rating organization” (within the meaning of proposed Rule 3b-10 promulgated by the SEC under the Exchange Act)agency, if both of the two named rating agencies cease publishing ratings of commercial paper issuers generally, and maturing within six twelve months from the date of acquisition; (d) repurchase obligations of any Lender or of any commercial bank satisfying the requirements of clause (b) of this definition, having a term of not more than 30 days seven (7) days, with respect to securities issued or fully guaranteed or insured by the United States government; (e) securities with maturities of one year twelve months or less from the date of acquisition issued or fully guaranteed by any state, commonwealth or territory of the United States, by any political subdivision or taxing authority of any such state, commonwealth or territoryterritory or by any foreign government, the securities of which state, commonwealth, territory, political subdivision or subdivision, taxing authority or foreign government (as the case may be) are rated at least A by S&P or A by Xxxxx’x; (f) securities with maturities of six twelve months or less from the date of acquisition backed by standby letters of credit issued by any Lender or any commercial bank satisfying the requirements of clause (b) of this definition; and or (g) shares of money market mutual or similar funds which invest exclusively in assets satisfying the requirements of clauses (a) through (f) of this definition).

Cash Equivalents. (ai) marketable direct obligations issued by, or unconditionally guaranteed by, of the United States government of America, or issued by any agency thereof and backed or obligations guaranteed by the full faith United States of America; provided that such obligations mature within one year from the date of acquisition thereof, (ii) certificates of deposit, time deposits and credit of the United States, in each case bankers’ acceptances maturing within one year from the date of acquisition; (b) certificates of deposit, time acquisition and overnight bank deposits, Eurodollar time deposits or overnight bank deposits having maturities of six months or less from the date of acquisition in each case, which are issued by any Lender or by any a commercial bank organized under the laws of the United States of America or any state thereof having combined capital or district thereof, rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x at the time of acquisition, and surplus of (unless issued by a Lender) not less than $500,000,000; subject to offset rights, (ciii) commercial paper of an issuer rated at least A-2 A-1 (or better) by S&P or P-2 P-1 (or better) by Xxxxx’x, or carrying an equivalent rating by a “nationally recognized statistical rating organization” (within Xxxxx’x at the meaning time of proposed Rule 3b-10 promulgated by the SEC under the Exchange Act), if both of the two named rating agencies cease publishing ratings of commercial paper issuers generally, acquisition and maturing within six months not more than two hundred seventy (270) days from the date of acquisition; creation thereof, (div) fully collateralized repurchase obligations of any Lender or of any commercial bank satisfying the requirements of clause (b) of this definition, having with a term of not more than 30 thirty (30) days for underlying investments of the types described in clause (i) and entered into with respect any bank meeting the qualifications specified in clause (ii), and (v) shares of any money market fund that has substantially all of its assets invested continuously in the types of investments referred to securities in clauses (i) through (iv) above, has net assets of at least $500,000,000 and has the highest rating obtainable from either Xxxxx’x or S&P. CERCLA – the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. § 9601 et seq.). CFC – a Person that is a controlled foreign corporation under Section 957 of the Code. Change in Law – the adoption of any Applicable Law (whether or not having the force of law), or any change therein, or any change in the interpretation or administration thereof by any Governmental Authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by Administrative Agent or any Lender with any request or directive (whether or not having the force of law) of any such authority, central bank or comparable agency. Notwithstanding anything herein to the contrary, (x) the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act and all requests, rules, guidelines or directives thereunder or issued in connection therewith and (y) all requests, rules, guidelines or fully guaranteed directives promulgated by the Bank for International Settlements, the Basel Committee on Banking Supervision (or insured by any successor or similar authority) or the United States government; (e) securities with maturities or foreign regulatory authorities, in each case pursuant to Basel III, shall in each case be deemed to be a “Change in Law” regardless of one year or less from the date of acquisition issued enacted, adopted or fully guaranteed by any state, commonwealth or territory issued. Citizens – as defined in the preamble to this Agreement. Closing Date – the date on which all of the United States, by any political subdivision conditions precedent in Section 10 are satisfied or taxing authority waived and the initial Loan is made or the initial Letter of any such state, commonwealth or territory, Credit is issued under this Agreement. Closing Date Transactions – the securities initial incurrence of which state, commonwealth, territory, political subdivision or taxing authority (as the case may be) are rated at least A by S&P or A by Xxxxx’x; (f) securities with maturities Loans and other Obligations hereunder and under the other Loan Documents. Code – the Internal Revenue Code of six months or less from the date of acquisition backed by standby letters of credit issued by any Lender or any commercial bank satisfying the requirements of clause (b) of this definition; and (g) shares of money market mutual or similar funds which invest exclusively in assets satisfying the requirements of clauses (a) through (f) of this definition1986.

Cash Equivalents. Any of the following: (a) marketable direct obligations issued by, or unconditionally guaranteed by, the United States government or issued by any agency thereof and backed by the full faith and credit of the United States, in each case maturing within one year twelve months from the date of acquisition; (b) certificates of deposit, time deposits, Eurodollar deposit and eurodollar time deposits or overnight bank deposits having with maturities of six twelve months or less from the date of acquisition issued by and overnight bank deposits of any Lender or by of any commercial bank organized under the laws of the United States of America or any state thereof having combined capital and surplus in excess of $300,000,000 or, so long as such investments do not less than exceed Two Million Dollars ($500,000,0002,000,000), Yardville National Bank; (c) commercial paper of an a domestic issuer rated at least A-2 A-1 by S&P or P-2 P-1 by Xxxxx’xXxxxx'x, or carrying an equivalent rating by a “nationally recognized statistical rating organization” (within the meaning of proposed Rule 3b-10 promulgated by the SEC under the Exchange Act)agency, if both of the two named rating agencies cease publishing ratings of commercial paper issuers generally, and maturing within six twelve months from the date of acquisition; (d) repurchase obligations of any Lender or of any commercial bank satisfying the requirements of clause (b) of this definition, having a term of not more than 30 days seven (7) days, with respect to securities issued or fully guaranteed or insured by the United States government; (e) securities with maturities of one year twelve months or less from the date of acquisition issued or fully guaranteed by any state, commonwealth or territory of the United States, by any political subdivision or taxing authority of any such state, commonwealth or territoryterritory or by any foreign government, the securities of which state, commonwealth, territory, political subdivision or subdivision, taxing authority or foreign government (as the case may be) are rated at least A by S&P or A by Xxxxx’xXxxxx'x; (f) securities with maturities of six twelve months or less from the date of acquisition backed by standby letters of credit issued by any Lender or any commercial bank satisfying the requirements of clause (b) of this definition; and or (g) shares of money market mutual or similar funds which invest exclusively in assets satisfying the requirements of clauses (a) through (f) of this definition).

Cash Equivalents. (a) marketable direct obligations issued by, or unconditionally guaranteed by, the United States government or issued by any agency thereof and backed by the full faith and credit of the United States, in each case maturing within one year from the date of acquisition; (b) certificates of deposit, time deposits, Eurodollar time deposits or overnight bank deposits having maturities of six months or less from the date of acquisition issued by any Lender or by any commercial bank organized under the laws of the United States of America or any state thereof having combined capital and surplus of not less than $500,000,000; (c) commercial paper of an issuer rated at least A-2 by S&P or P-2 by Xxxxx’xMxxxx’x, or carrying an equivalent rating by a “nationally recognized statistical rating organization” (within the meaning of proposed Rule 3b-10 promulgated by the SEC under the Exchange Act), if both of the two named rating agencies cease publishing ratings of commercial paper issuers generally, and maturing within six months from the date of acquisition; (d) repurchase obligations of any Lender or of any commercial bank satisfying the requirements of clause (b) of this definition, having a term of not more than 30 days with respect to securities issued or fully guaranteed or insured by the United States government; (e) securities with maturities of one year or less from the date of acquisition issued or fully guaranteed by any state, commonwealth or territory of the United States, by any political subdivision or taxing authority of any such state, commonwealth or territory, the securities of which state, commonwealth, territory, political subdivision or taxing authority (as the case may be) are rated at least A by S&P or A by Xxxxx’xMxxxx’x; (f) securities with maturities of six months or less from the date of acquisition backed by standby letters of credit issued by any Lender or any commercial bank satisfying the requirements of clause (b) of this definition; and (g) shares of money market mutual or similar funds which invest exclusively in assets satisfying the requirements of clauses (a) through (f) of this definition.

Cash Equivalents. (a) marketable direct obligations issued by, or unconditionally guaranteed by, the United States government or issued by any agency thereof and backed by the full faith and credit of the United States, in each case maturing within one year from the date of acquisition; (b) certificates of deposit, time deposits, Eurodollar time deposits or overnight bank deposits having maturities of six months or less from the date of acquisition issued by any Lender or by any commercial bank organized under the laws of the United States of America or any state thereof having combined capital and surplus of not less than $500,000,000; (c) commercial paper of an issuer rated at least A-2 by S&P or P-2 by Xxxxx’x, or carrying an equivalent rating by a “nationally recognized statistical rating organization” (within the meaning of proposed Rule 3b-10 promulgated by the SEC under the Exchange Act), if both of the two named rating agencies cease publishing ratings of commercial paper issuers generally, and maturing within six months from the date of acquisition; (d) repurchase obligations of any Lender or of any commercial bank satisfying the requirements of clause (b) of this definition, having a term of not more than 30 days with respect to securities issued or fully guaranteed or insured by the United States government; (e) securities with maturities of one year or less from the date of acquisition issued or fully guaranteed by any state, commonwealth or territory of the United States, by any political subdivision or taxing authority of any such state, commonwealth or territory, the securities of which state, commonwealth, territory, political subdivision or taxing authority (as the case may be) are rated at least A by S&P or A by Xxxxx’x; (f) securities with maturities of six months or less from the date of acquisition backed by standby letters of credit issued by any Lender or any commercial bank satisfying the requirements of clause (b) of this definition; and (g) shares of money market mutual or similar funds which invest exclusively in assets satisfying the requirements of clauses (a) through (f) of this definition.

Cash Equivalents. Any (a) marketable direct obligations issued by, or unconditionally guaranteed by, the United States government or issued by any agency thereof and backed by the full faith and credit of the United States, in each case maturing within one year from the date of acquisition; (b) certificates of deposit, time deposits, Eurodollar time deposits or overnight bank deposits having securities with maturities of six months ninety (90) days or less from the date of acquisition issued or fully guaranteed or insured by any Lender or by any commercial bank organized under the laws of the United States of America Government or any state thereof having combined capital agency thereof, (b) certificates of deposit and surplus Eurodollar time deposits with maturities of not ninety (90) days or less than $500,000,000; (c) commercial paper of an issuer rated at least A-2 by S&P or P-2 by Xxxxx’x, or carrying an equivalent rating by a “nationally recognized statistical rating organization” (within the meaning of proposed Rule 3b-10 promulgated by the SEC under the Exchange Act), if both of the two named rating agencies cease publishing ratings of commercial paper issuers generally, and maturing within six months from the date of acquisition; acquisition and overnight bank deposits of any commercial bank having capital, surplus and retained earnings in excess of $70,000,000, (dc) repurchase obligations of any Lender or of any commercial bank satisfying the requirements of clause (b) of this definition, having a term of not more than 30 seven days with respect to securities issued or fully guaranteed or insured by the United States government; Government, (d) commercial paper of a domestic issuer rated at least “A-1” or the equivalent thereof by S&P or “p-1” or the equivalent thereof by Moody’s and in either case maturing within ninety (90) days after the day of acquisition, (e) securities with maturities of one year ninety (90) days or less from the date of acquisition issued or fully guaranteed by any state, commonwealth or territory of the United States, by any political subdivision or taxing authority of any such state, commonwealth or territoryterritory or by any foreign government, the securities of which state, commonwealth, territory, political subdivision or subdivision, taxing authority or foreign government (as the case may be) are rated at least A “A” by S&P or A “A” by Xxxxx’x; Moody’s, (f) securities with maturities of six months ninety (90) days or less from the date of acquisition backed by standby letters of credit issued by any Lender or any commercial bank satisfying the requirements of clause (b) of this definition; and , or (g) shares of money market market, mutual or similar funds which invest exclusively in assets satisfying the requirements of clauses (a) through (f) of this definition.

Cash Equivalents. (a) marketable direct obligations issued by, or unconditionally guaranteed by, the United States government or issued by any agency thereof and backed by the full faith and credit of the United States, in each case maturing within one year from the date of acquisition; (b) certificates of deposit, time deposits, Eurodollar time deposits or overnight bank deposits having Securities with maturities of six months ninety (90) days or less from the date of acquisition issued or fully guaranteed or insured by any Lender or by any commercial bank organized under the laws of the United States of America Government or any state thereof having combined capital agency thereof, (b) certificates of deposit and surplus eurodollar time deposits with maturities of not ninety (90) days or less than $500,000,000; (c) commercial paper of an issuer rated at least A-2 by S&P or P-2 by Xxxxx’x, or carrying an equivalent rating by a “nationally recognized statistical rating organization” (within the meaning of proposed Rule 3b-10 promulgated by the SEC under the Exchange Act), if both of the two named rating agencies cease publishing ratings of commercial paper issuers generally, and maturing within six months from the date of acquisition; acquisition and overnight bank deposits of any Lender or of any commercial bank having capital and surplus in excess of $500,000,000, (dc) repurchase obligations of any Lender or of any commercial bank satisfying the requirements of clause (b) of this definition, having a term of not more than 30 seven (7) days with respect to securities issued or fully guaranteed or insured by the United States government; Government, (d) commercial paper of a domestic issuer rated at least A-2 or the equivalent thereof by S&P or P-2 or the equivalent thereof by Xxxxx'x and in either case maturing within ninety (90) days after the date of acquisition, (e) securities with maturities of one year ninety (90) days or less from the date of acquisition issued or fully guaranteed by any state, commonwealth or territory of the United States, by any political subdivision or taxing authority of any such state, commonwealth or territoryterritory or by any foreign government, the securities of which state, commonwealth, territory, political subdivision or subdivision, taxing authority or foreign government (as the case may be) are rated at least A by S&P or A by Xxxxx’x; Xxxxx'x, (f) securities with maturities of six months ninety (90) days or less from the date of acquisition backed by standby letters of credit issued by any Lender or any commercial bank satisfying the requirements of clause (b) of this definition; and definition or (g) shares of money market mutual or similar funds which invest exclusively in assets satisfying the requirements of clauses (a) through (f) of this definition.

Cash Equivalents. Any (a) marketable direct obligations issued by, or unconditionally guaranteed by, the United States government or issued by any agency thereof and backed by the full faith and credit of the United States, in each case maturing within one year from the date of acquisition; (b) certificates of deposit, time deposits, Eurodollar time deposits or overnight bank deposits having securities with maturities of six months ninety (90) days or less from the date of acquisition issued or fully guaranteed or insured by any Lender or by any commercial bank organized under the laws of the United States of America Government or any state thereof having combined capital agency thereof, (b) certificates of deposit and surplus Eurodollar time deposits with maturities of not ninety (90) days or less than $500,000,000; (c) commercial paper of an issuer rated at least A-2 by S&P or P-2 by Xxxxx’x, or carrying an equivalent rating by a “nationally recognized statistical rating organization” (within the meaning of proposed Rule 3b-10 promulgated by the SEC under the Exchange Act), if both of the two named rating agencies cease publishing ratings of commercial paper issuers generally, and maturing within six months from the date of acquisition; acquisition and overnight bank deposits of any commercial bank having capital, surplus and retained earnings in excess of $70,000,000, (dc) repurchase obligations of any Lender or of any commercial bank satisfying the requirements of clause (b) of this definition, having a term of not more than 30 seven days with respect to securities issued or fully guaranteed or insured by the United States government; Government, (d) commercial paper of a domestic issuer rated at least A-1 or the equivalent thereof by S&P or p-1 or the equivalent thereof by Xxxxx’x and in either case maturing within ninety (90) days after the day of acquisition, (e) securities with maturities of one year ninety (90) days or less from the date of acquisition issued or fully guaranteed by any state, commonwealth or territory of the United States, by any political subdivision or taxing authority of any such state, commonwealth or territoryterritory or by any foreign government, the securities of which state, commonwealth, territory, political subdivision or subdivision, taxing authority or foreign government (as the case may be) are rated at least A by S&P or A by Xxxxx’x; , (f) securities with maturities of six months ninety (90) days or less from the date of acquisition backed by standby letters of credit issued by any Lender or any commercial bank satisfying the requirements of clause (b) of this definition; and , or (g) shares of money market market, mutual or similar funds which invest exclusively in assets satisfying the requirements of clauses (a) through (f) of this definition.

Cash Equivalents. As to the Borrower and its Subsidiaries, (a) marketable direct obligations securities issued by, or unconditionally directly and fully guaranteed by, or insured by the United States government or issued by any agency thereof of America and backed by the full faith and credit having a maturity of the United States, in each case maturing within not more than one (1) year from the date of acquisition; (b) certificates of deposit, time deposits, Eurodollar deposits and eurodollar time deposits or overnight bank deposits having with maturities of six months one (1) year or less from the date of acquisition issued by acquisition, bankers' acceptances with maturities not exceeding six (6) months and overnight bank deposits, in each case, (i) with any Lender Lenders or by (ii) with any domestic commercial bank organized under the laws of the United States of America or any state thereof thereof, in each case having combined capital and surplus a rating of not less than A or its equivalent by S&P or any successor and having capital and surplus in excess of $500,000,000; (c) commercial paper of an issuer rated at least A-2 by S&P or P-2 by Xxxxx’x, or carrying an equivalent rating by a “nationally recognized statistical rating organization” (within the meaning of proposed Rule 3b-10 promulgated by the SEC under the Exchange Act), if both of the two named rating agencies cease publishing ratings of commercial paper issuers generally, and maturing within six months from the date of acquisition; (d) repurchase obligations of any Lender or of any commercial bank satisfying the requirements of clause (b) of this definition, having with a term of not more than 30 thirty (30) days with respect to for underlying securities of the types described in clauses (a) and (b) above; (d) marketable direct obligations issued by the District of Columbia or fully guaranteed or insured by any State of the United States government; or any political subdivision of any such State or any public instrumentality thereof maturing within one (e1) securities with maturities of one year or less from the date of acquisition issued or fully guaranteed by any stateand, commonwealth or territory at the time of the United Statesacquisition, by any political subdivision or taxing authority having a rating of any such state, commonwealth or territory, the securities of which state, commonwealth, territory, political subdivision or taxing authority (as the case may be) are rated at least A by from either S&P or A Xxxxx'x; (e) any commercial paper or finance company paper issued by Xxxxx’x(i) any Lender or any holding company controlling any Lender or (ii) any other Person that is rated not less than "P-2" or "A-2" or their equivalents by Xxxxx'x or S&P or their successors; and (f) securities with maturities of six months or less corporate bonds maturing within one (1) year from the date of acquisition backed and, at the time of acquisition, having a rating of not less than "A" or "A2" or their equivalents by standby letters Xxxxx'x or S&P or their successors. CASH MANAGEMENT FOREIGN SUBSIDIARIES. As defined in the definition of credit issued by any Lender or any commercial bank satisfying "Foreign Subsidiary Cash Management Arrangement". CASH MANAGEMENT GUARANTEES. As defined in the requirements definition of clause (b) "Foreign Subsidiary Cash Management Arrangement". CASH MANAGEMENT LIENS. As defined in the definition of this definition; and (g) shares "Foreign Subsidiary Cash Management Arrangement". CASH MANAGEMENT SETOFF RIGHTS. As defined in the definition of money market mutual or similar funds which invest exclusively in assets satisfying the requirements of clauses (a) through (f) of this definition"Foreign Subsidiary Cash Management Arrangement". CERCLA. See ss.8.18(a).

Cash Equivalents. As of any date: (a) marketable direct obligations securities issued by, or unconditionally directly and fully guaranteed by, or insured by the United States government of America or issued by any agency or instrumentally thereof and backed by (provided that the full faith and credit of the United States, States of America is pledged in each case maturing within one year support thereof) having maturities of not more than twelve months from the date of acquisition; (b) Dollar denominated time and demand deposits and certificates of depositdeposit of (i) any Lender or any of its Affiliates; (ii) any other domestic commercial bank 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-2 or the equivalent thereof or from Xxxxx’x is at least P‑2 or the equivalent thereof (any such bank being an “Approved Bank”), time deposits, Eurodollar time deposits or overnight bank deposits having in each case with maturities of six months or less not more than two (2) years from the date of acquisition issued by any Lender or by any commercial bank organized under the laws of the United States of America or any state thereof having combined capital and surplus of not less than $500,000,000acquisition; (c) commercial paper of an issuer 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 at least A-2 (or the equivalent thereof) or better by S&P or P-2 (or the equivalent thereof) or better by Xxxxx’x, or carrying an equivalent rating by a “nationally recognized statistical rating organization” (within the meaning of proposed Rule 3b-10 promulgated by the SEC under the Exchange Act), if both of the two named rating agencies cease publishing ratings of commercial paper issuers generally, Moody’s and maturing within six months from one (1) year of the date of acquisition; (d) repurchase agreements with a bank or trust company (including any of the Lenders) or securities dealer having capital and surplus in excess of $500,000,000 for direct obligations of any Lender or of any commercial bank satisfying the requirements of clause (b) of this definition, having a term of not more than 30 days with respect to securities issued by or fully guaranteed or insured by the United States government; of America in which Borrower or their Subsidiaries shall have a perfected first priority security interest (subject to no other Liens) and having, on the date of purchase thereof, a fair market value of at least 100% of the amount of the repurchase obligations and (e) securities Investments, classified in accordance with maturities GAAP as current assets, in money market investment programs registered under the Investment Company Act of one year or less from 1940, as amended, which are administered by financial institutions having capital of at least $500,000,000 and the date portfolios of acquisition issued or fully guaranteed by any state, commonwealth or territory which are limited to investments of the United States, by any political subdivision or taxing authority of any such state, commonwealth or territory, character described in the securities of which state, commonwealth, territory, political subdivision or taxing authority (as the case may be) are rated at least A by S&P or A by Xxxxx’x; (f) securities with maturities of six months or less from the date of acquisition backed by standby letters of credit issued by any Lender or any commercial bank satisfying the requirements of clause (b) of this definition; and (g) shares of money market mutual or similar funds which invest exclusively in assets satisfying the requirements of clauses foregoing subdivisions (a) through (d), and (f) “cash and cash items” within the meaning of this definitionSection 856(c)(4)(A) of the Code. CERCLA. The Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601 et seq.

Cash Equivalents. (a) marketable direct obligations issued by, or unconditionally guaranteed by, the United States government or issued by any agency thereof and backed by the full faith and credit of the United States, in each case maturing within one year from the date of acquisition; (b) certificates of deposit, time deposits, Eurodollar time deposits or overnight bank deposits having maturities of six months or less from the date of acquisition issued by any Lender or by any commercial bank organized under the laws of the United States of America or any state thereof having combined capital and surplus of not less than $500,000,000; (c) commercial paper of an issuer rated at least A-2 by S&P or P-2 by Xxxxx’xMxxxx’x, or carrying an equivalent rating by a “nationally recognized statistical rating organization” (within the meaning of proposed Rule 3b-10 promulgated by the SEC under the Exchange Act), if both of the two named rating agencies cease publishing ratings of commercial paper issuers generally, and maturing within six months from the date of acquisition; (d) repurchase obligations of any Lender or of any commercial bank satisfying the requirements of clause (b) of this definition, having a term of not more than 30 days with respect to securities issued or fully guaranteed or insured by the United States government; (e) securities with maturities of one year or less from the date of acquisition issued or fully guaranteed by any state, commonwealth or territory of the United States, by any political subdivision or taxing authority of any such state, commonwealth or territory, the securities of which state, commonwealth, territory, political subdivision or taxing authority (as the case may be) are rated at least A by S&P or A by Xxxxx’xMxxxx’x; (f) securities with maturities of six months or less from the date of acquisition backed by standby letters of credit issued by any Lender or any commercial bank satisfying the requirements of clause (b) of this definition; and (g) shares of money market mutual or similar funds which invest exclusively in assets satisfying the requirements of clauses (a) through (f) of this definition.

Cash Equivalents. The Borrower and its Restricted Subsidiaries may, directly or through a brokerage account (ai) marketable purchase marketable, direct obligations issued by, or unconditionally guaranteed by, the United States government or issued by any agency thereof and backed by the full faith and credit of the United States, in each case maturing within one year from the date of acquisition; (b) certificates of deposit, time deposits, Eurodollar time deposits or overnight bank deposits having maturities of six months or less from the date of acquisition issued by any Lender or by any commercial bank organized under the laws of the United States of America or any state thereof having combined capital America, its agencies and surplus instrumentalities maturing within three hundred sixty-five (365) days of not less than $500,000,000; the date of purchase, (cii) purchase commercial paper issued by corporations, each of an issuer rated which shall have a combined net worth of at least A-2 by S&P or P-2 by Xxxxx’x$100 million and each of which conducts a substantial part of its business in the United States of America, or carrying an equivalent rating by a “nationally recognized statistical rating organization” (within the meaning of proposed Rule 3b-10 promulgated by the SEC under the Exchange Act), if both of the two named rating agencies cease publishing ratings of commercial paper issuers generally, and maturing within six months two hundred seventy (270) days from the date of acquisition; the original issue thereof, and rated "P-2" or better by Xxxxx'x Investors Service, Inc. or "A-2" or better by Standard and Poor's Ratings Group, (diii) purchase repurchase obligations agreements, bankers' acceptances, and certificates of any Lender deposit maturing within three hundred sixty-five (365) days of the date of purchase which are issued by, or time deposits maintained with, a United States national bank the deposits of any commercial bank satisfying the requirements of clause (b) of this definition, having a term of not more than 30 days with respect to securities issued or fully guaranteed or which are insured by the Federal Deposit Insurance Corporation and having capital, surplus and undivided profits totaling more than $100 million and rated "A" or better by Xxxxx'x Investors Service, Inc. or Standard and Poor's Ratings Group, (iv) purchase marketable, direct obligations of State and municipal governments located within the United States government; of America, rated "AA" or better by Standard and Poor's Ratings Group maturing within three hundred sixty-five (e365) securities with maturities days of one year or less from the date of acquisition issued or fully guaranteed by any statepurchase, commonwealth or territory of the United States, by any political subdivision or taxing authority of any such state, commonwealth or territory, the securities of which state, commonwealth, territory, political subdivision or taxing authority (as the case may bev) are rated at least A by S&P or A by Xxxxx’x; (f) purchase taxable and municipal auction rate securities with maturities an auction cycle of six months less than or less from equal to thirty-five (35) days and rated "AA" or better by Standard and Poor's Ratings Group, which securities may be freely sold back to the seller or sellers of such securities by the Borrower and its Restricted Subsidiaries within thirty-five (35) days of the date of acquisition backed by standby letters purchase and (vi) purchase shares of credit issued any open-end investment company registered under the Investment Company Act of 1940, that invests all or substantially all of its funds in the items described in clauses (i) through (v) above, which meets the requirements set forth in Rule 2a-7, Money Market Funds, under that Act, made available by any Lender or any commercial bank satisfying the requirements of clause (b) of this definition; and (g) shares of money market mutual or similar funds which invest exclusively in assets satisfying the requirements of clauses (a) through (f) of this definition.its Affiliate;