Common use of Certain Credit Support Events Clause in Contracts

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company shall be required to provide Cash Collateral pursuant to Section 8.02, in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that there shall exist a Revolving Credit Lender that is a Defaulting Lender, immediately upon the request of the Administrative Agent, the L/C Issuer or the Swing Line Lender, the Borrowers shall deliver to the Administrative Agent Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize any L/C Obligations pursuant to Section 2.05(c) then, within the time specified in such Section 2.05(c), the Company shall provide Cash Collateral for the applicable L/C Obligations in an amount not less than the amount required by such Section 2.05(c).

Appears in 3 contracts

Sources: Credit Agreement (Parexel International Corp), Credit Agreement (Parexel International Corp), Credit Agreement (Parexel International Corp)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the an L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 2.06 or Section 8.02, in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Borrower shall immediately upon (in the case of clause (iii) above) or within one (1) Business Day (in all other cases) following any request of by the Administrative Agent, the Agent or an L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.18(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrower at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds the Letter of Credit Sublimit then in effect, then, within the time specified in two (2) Business Days after receipt of such Section 2.05(c)notice, the Company Borrower shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 3 contracts

Sources: Credit Agreement (Ii-Vi Inc), Credit Agreement (Ii-Vi Inc), Credit Agreement (Ii-Vi Inc)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Maturity Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 8.02, in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that 9.02(c) or (iv) if there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Borrower shall immediately upon (in the case of clause (iii) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line Lender, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.15(b) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrower at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds 105% of the Letter of Credit Sublimit then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company Borrower shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 3 contracts

Sources: Credit Agreement (Acadia Healthcare Company, Inc.), Credit Agreement (Acadia Healthcare Company, Inc.), Credit Agreement (Acadia Healthcare Company, Inc.)

Certain Credit Support Events. (x) (i) Upon the request of the Administrative Agent or the an L/C Issuer (i) Issuer, if the such L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, Borrowing or (ii) if, as of the Letter of Credit Expiration DateDate (applicable to unutilized Revolving Commitments at least equal to outstanding L/C Obligations), any L/C Obligation for any reason (including the issuance by an L/C Issuer of a Letter of Credit with an expiry date after the Letter of Credit Expiration Date) remains outstanding, or (iii) if the Company shall be required to provide Cash Collateral pursuant to Section 8.02shall, in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations, or (y) if the aggregate principal amount of L/C Obligations in an amount not less than exceeds the applicable Minimum Letter of Credit Sublimit, the Company shall immediately provide Cash Collateral Amountof at least such excess amount. At any time that there shall exist a Revolving Credit Lender that is a Defaulting Lender, immediately upon the request of the Administrative Agent, the an L/C Issuer or the Swing Line Lender, the Borrowers Company shall deliver to the Administrative Agent Cash Collateral in an amount not less than the applicable Minimum Collateral Amount sufficient to cover all Fronting Exposure (after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the ). The Administrative Agent maymay (and shall at the request of any L/C Issuer), at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize any L/C Obligations pursuant to Section 2.05(c) then, within the time specified in such Section 2.05(c), the Company shall provide Cash Collateral for the applicable L/C Obligations in an amount not less than the amount required by such Section 2.05(c).

Appears in 3 contracts

Sources: Amendment and Restatement Agreement (Fti Consulting, Inc), Credit Agreement (Fti Consulting Inc), Credit Agreement (Fti Consulting Inc)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the any L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company shall be required to provide Cash Collateral pursuant to Section 8.02, in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that 8.02 or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Company shall immediately upon (in the case of clause (iii) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, the Agent or such L/C Issuer or the Swing Line Lender, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.15(b) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Administrative Agent notifies the Company shall be required to Cash Collateralize at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds 105% of the Letter of Credit Sublimit then in effect, then, within two Business Days (or, in the time specified event such excess arises as a result of fluctuations in the applicable Spot Rate with respect to L/C Obligations denominated in an Alternative Currency, five Business Days) after receipt of such Section 2.05(c)notice, the Company shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 3 contracts

Sources: Corra Transition Amendment (Global Payments Inc), Credit Agreement (Global Payments Inc), Credit Agreement (Global Payments Inc)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 8.028.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Borrower shall immediately upon (in the case of clause (iii) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.16(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrower at any time that, as a result of exchange rate fluctuations, the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds 105% of the Letter of Credit Sublimit then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company Borrower shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 3 contracts

Sources: Credit Agreement (NorthStar Realty Europe Corp.), Credit Agreement (NorthStar Realty Europe Corp.), Credit Agreement (NorthStar Realty Europe Corp.)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the any L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company shall be required to provide Cash Collateral pursuant to Section 8.022.05(c)(i) or Section 8.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Company shall immediately upon (in the case of clause (iii) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the applicable L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.17(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Administrative Agent notifies the Company shall be required to Cash Collateralize at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds 105% of the Letter of Credit Sublimit then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 2 contracts

Sources: Credit Agreement (Discovery, Inc.), Credit Agreement (Discovery Communications, Inc.)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the any L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 8.022.05 or 8.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Borrower shall immediately upon (in the case of clause (iii) above) or within one (1) Business Day (in all other cases) following any request of by the Administrative Agent, the Agent or any L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Administrative Agent notifies the Company shall be required to Cash Collateralize at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(cat such time exceeds 105% of the Letter of Credit Sublimit then in effect, then within two (2) then, within the time specified in Business Days after receipt of such Section 2.05(c)notice, the Company shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 2 contracts

Sources: Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the an L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 8.028.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Borrower shall immediately upon (in the case of clause (iii) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the applicable L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrower at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds 105% of the Letter of Credit Sublimit then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company Borrower shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 2 contracts

Sources: Credit Agreement (Pall Corp), Credit Agreement (Pall Corp)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the any L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company shall be required to provide Cash Collateral pursuant to Section 8.02, in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that there shall exist a Revolving Credit Lender that is a Defaulting Lender, immediately upon the Company shall within one (1) Business Day following any request of by the Administrative Agent, the Agent or an L/C Issuer or the Swing Line Lender, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iii) above, after giving effect to Section 2.15(a)(iv2.15(b) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Administrative Agent notifies the Company shall be required to Cash Collateralize at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(cfor Financial Letters of Credit at such time exceeds 103% of the Financial Letter of Credit Sublimit then in effect, then within two (2) then, within the time specified in Business Days after receipt of such Section 2.05(c)notice, the Company shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations for Financial Letters of Credit in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations for Financial Letters of Credit exceeds the Financial Letter of Credit Sublimit.

Appears in 2 contracts

Sources: Thirteenth Amendment to Fourth Amended and Restated Credit Agreement (Quanta Services, Inc.), Credit Agreement (Quanta Services, Inc.)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrowers shall be required to provide Cash Collateral pursuant to Section 8.029.02(c), in each caseor (iv) there shall exist a Defaulting Lender, the Borrowers shall immediately Cash Collateralize (in the then Outstanding Amount case of clause (iii) above) or within one Business Day (in all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At other cases) following any time that there shall exist a Revolving Credit Lender that is a Defaulting Lender, immediately upon the request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrower Representative at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds 105% of the Letter of Credit Sublimit then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company Borrowers shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 2 contracts

Sources: Credit Agreement (Enpro Industries, Inc), Credit Agreement (Enpro Industries, Inc)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the any L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C BorrowingBorrowing that has not been reimbursed, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company shall be required to provide Cash Collateral pursuant to Section 8.02, in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Company shall immediately upon (in the case of clause (iii) above) or within three Business Days (in all other cases) following any request of by the Administrative Agent, Agent or the applicable L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.16(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Administrative Agent notifies the Company shall be required to Cash Collateralize at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time, less Cash Collateral therefor, exceeds 103% of the Letter of Credit Sublimit then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Conagra Brands Inc.), Revolving Credit Agreement (Conagra Brands Inc.)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 8.022.05 or 8.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Borrower shall immediately upon (in the case of clause (iii) above) or within one (1) Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrower at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(cat such time exceeds 105% of the Letter of Credit Sublimit then in effect, then within two (2) then, within the time specified in Business Days after receipt of such Section 2.05(c)notice, the Company Borrower shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 2 contracts

Sources: Credit Agreement (Lydall Inc /De/), Credit Agreement (Team Inc)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 2.05 or 8.02 (a) (iii), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Borrower shall immediately upon (in the case of clause (iii) above) or within one (1) Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Administrative Agent notifies the Company shall be required to Cash Collateralize at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(cat such time exceeds 105% of the Letter of Credit Sublimit then in effect, then within two (2) then, within the time specified in Business Days after receipt of such Section 2.05(c)notice, the Company shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 2 contracts

Sources: Credit Agreement (Trecora Resources), Credit Agreement (Trecora Resources)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 8.029.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, then the Borrower shall immediately upon (in the case of clause (iii) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrower at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds 102% of the Letter of Credit Sublimit then in effect, then, within the time specified in five Business Days after receipt of such Section 2.05(c)notice, the Company Borrower shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 2 contracts

Sources: Credit Agreement (ModivCare Inc), Credit and Guaranty Agreement (Providence Service Corp)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the an L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrowers shall be required to provide Cash Collateral pursuant to Section 8.028.02(c), in each caseor (iv) there shall exist a Defaulting Lender, the Borrowers shall immediately Cash Collateralize (in the then Outstanding Amount case of clause (iii) above) or within one Business Day (in all other cases) following any request by the Administrative Agent or the applicable L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that there shall exist a Revolving Credit Lender that is a Defaulting LenderIssuer, immediately upon the request of the Administrative Agent, the L/C Issuer or the Swing Line Lender, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.17(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrowers at any time that the Outstanding Amount of the Dollar Equivalent of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds 105% of the Aggregate Commitments then in effect, then, within the time specified in two (2) Business Days after receipt of such Section 2.05(c)notice, the Company Borrowers shall provide Cash Collateral for the Outstanding Amount of the applicable L/C Obligations in an amount in Dollars not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Aggregate Commitments.

Appears in 2 contracts

Sources: Revolving Credit Agreement (Chicago Bridge & Iron Co N V), Revolving Credit Agreement (Chicago Bridge & Iron Co N V)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 8.028.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Borrower shall immediately upon (in the case of clause (iii) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrower at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds 105% of the Letter of Credit Sublimit then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company Borrower shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 2 contracts

Sources: Credit Agreement (Qualcomm Inc/De), Credit Agreement (Qualcomm Inc/De)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 8.022.05 or 8.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Borrower shall immediately upon (in the case of clause (iii) above) or within one (1) Business Day (in all other cases) following any request of by the Joint Administrative Agent, Agent or the L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Joint Administrative Agent notifies the Company shall be required to Cash Collateralize at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(cat such time exceeds 105% of the Letter of Credit Sublimit then in effect, then within two (2) then, within the time specified in Business Days after receipt of such Section 2.05(c)notice, the Company shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (Green Plains Inc.)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the any L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C BorrowingBorrowing that has not been reimbursed, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company applicable Borrower shall be required to provide Cash Collateral pursuant to Section 8.02, in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that 9.02(c) or (iv) there shall exist a Revolving Credit Defaulting Lender that is a Defaulting Revolving A-2 Lender, the applicable Borrower shall immediately upon (in the case of clause (iii) above) or within three Business Days (in all other cases) following any request of by the Administrative Agent, the Agent or any L/C Issuer or the Swing Line Lender, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.15(b) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the applicable Borrower at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds 100% of the Letter of Credit Sublimit then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company applicable Borrower shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit; provided that no such Section 2.05(c)notice shall be given by the Administrative Agent in respect of any such excess resulting from fluctuations in the applicable Dollar Equivalent amount of any Letter of Credit unless and until such excess continues for a period of 30 days except to the extent that the Dollar Equivalent exceeds 105% of the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (Lamb Weston Holdings, Inc.)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the an L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration DateDate applicable to such L/C Issuer, any L/C Obligation for any reason remains outstanding, or (iii) if the Company (on behalf of the applicable Borrower) shall be required to provide Cash Collateral pursuant to Section 8.028.02(c), in each caseor (iv) there shall exist a Defaulting Lender, the Borrowers Company shall immediately Cash Collateralize (in the then Outstanding Amount case of clause (iii) above) or within one Business Day (in all other cases) or such Defaulting Lender (in the case of clause (iv) above) following any request by the Administrative Agent or such L/C Obligations Issuer, provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount. At any time that there shall exist a Revolving Credit Lender that is a Defaulting Lender, immediately upon the request of the Administrative Agent, the L/C Issuer or the Swing Line Lender, the Borrowers shall deliver to the Administrative Agent Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Administrative Agent notifies the Company shall be required to Cash Collateralize at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds 105% of the Letter of Credit Sublimit then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (Lululemon Athletica Inc.)

Certain Credit Support Events. (i) Upon the request of the Administrative Agent or the L/C Issuer (iA) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, or (iiB) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company shall be required to provide Cash Collateral pursuant to Section 8.02shall, in each case, promptly, but in any event, if such request is made by 1:00 p.m., on the Borrowers shall immediately same Business Day, and, if such request is made after 1:00 p.m., on the next Business Day, Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. Obligations. (ii) At any time that there shall exist a Revolving Credit Lender that is a Defaulting Lender, immediately upon the request of the Administrative Agent, the L/C Issuer or the Swing Line Lender, the Borrowers Company shall promptly, but in any event, if such request is made by 1:00 p.m., on the same Business Day, and, if such request is made after 1:00 p.m., on the next Business Day, deliver to the Administrative Agent Cash Collateral in an amount not less than the applicable Minimum Collateral Amount sufficient to cover all Fronting Exposure (after giving effect to Section 2.15(a)(iv2.17(a)(iv) and any Cash Collateral provided by such the Defaulting Lender). (iii) (it being understood In addition, if the Administrative Agent notifies the Company at any time that the Outstanding Amount of all L/C Obligations at such time exceeds the Letter of Credit Sublimit then in effect, then, within two Business Days after receipt of such notice, the Company shall Cash Collateralize the L/C Obligations in an amount equal to the amount by which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit. (iv) The Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if fluctuations as reasonably determined by the Company shall be required to Cash Collateralize any L/C Obligations pursuant to Section 2.05(c) then, within the time specified in such Section 2.05(c), the Company shall provide Cash Collateral for the applicable L/C Obligations in an amount not less than the amount required by such Section 2.05(c)Administrative Agent.

Appears in 1 contract

Sources: Credit Agreement (Starbucks Corp)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the an L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 8.029.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that there or (iv)there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Borrower shall immediately upon (in the case of clause (iii) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the applicable L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.16(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrower at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds 102% of the Letter of Credit Sublimit then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company Borrower shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Revolving Credit Agreement (Tech Data Corp)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 8.028.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Borrower shall immediately upon (in the case of clause (iii) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrower at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds 105% of the L/C Committed Amount then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company Borrower shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c).which the Outstanding Amount of all L/C Obligations exceeds the L/C Committed Amount. 68

Appears in 1 contract

Sources: Credit Agreement (Griffin-American Healthcare REIT III, Inc.)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the an L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrowers shall be required to provide Cash Collateral pursuant to Section 8.028.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the applicable Borrower shall immediately upon (in the case of clause (iii) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the applicable L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.18(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrower Agent at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) under a Facility at such time exceeds 105% of the applicable Letter of Credit Sublimit then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company applicable Borrower shall provide Cash Collateral for the applicable Outstanding Amount of such L/C Obligations in an amount not less than the amount required by which the Outstanding Amount of all L/C Obligations under such Section 2.05(c)Facility exceeds the Letter of Credit Sublimit for such Facility.

Appears in 1 contract

Sources: Credit Agreement (Nortek Inc)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company or the applicable Borrowers shall be required to provide Cash Collateral pursuant to Section 8.028.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Company or the applicable Borrowers shall immediately upon (in the case of clause (iii) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.17(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Administrative Agent notifies the Company shall be required to Cash Collateralize or the applicable Borrowers at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds the Letter of Credit Sublimit then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company or the applicable Borrowers shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (Cdi Corp)

Certain Credit Support Events. (i) Upon the request of the Administrative Agent or the L/C Issuer (iA) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, Borrowing or (iiB) if, as of the Letter of Credit Expiration Date, Date any L/C Obligation for any reason remains outstanding, or (iii) if the Company shall be required to provide Cash Collateral pursuant to Section 8.02Borrower shall, in each case, promptly, but in any event, if such request is made by 1:00 p.m., on the Borrowers shall immediately same Business Day and, if such request is made after 1:00 p.m., on the next Business Day, Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. Obligations. (ii) At any time that there shall exist a Revolving Credit Lender that is a Defaulting Lender, immediately upon the request of the Administrative Agent, the L/C Issuer or the Swing Line Lender, the Borrowers Borrower shall promptly, but in any event, if such request is made by 1:00 p.m., on the same Business Day and, if such request is made after 1:00 p.m., on the next Business Day, deliver to the Administrative Agent Cash Collateral in an amount not less than the applicable Minimum Collateral Amount sufficient to cover all Fronting Exposure relating to such Defaulting Lender (after giving effect to Section 2.15(a)(iv2.17(a)(iv) and any Cash Collateral provided by such the Defaulting Lender). (iii) (it being understood that In addition, if the Administrative Agent may, notifies the Borrower and Parent at any time and from time to time after that the initial deposit Outstanding Amount of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize any all L/C Obligations pursuant to Section 2.05(c) at such time exceeds 105% of the Letter of Credit Sublimit then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company Borrower shall provide Cash Collateral for Collateralize the applicable L/C Obligations in an amount not less than equal to the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Revolving Credit and Guaranty Agreement (Actavis, Inc.)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Maturity Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 8.022.05 or 8.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Borrower shall immediately upon (in the case of clause (iii) above) or within one (1) Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrower at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(cat such time exceeds 105% of the Letter of Credit Sublimit then in effect, then within two (2) then, within the time specified in Business Days after receipt of such Section 2.05(c)notice, the Company Borrower shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (Lydall Inc /De/)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company any Borrower shall be required to provide Cash Collateral pursuant to Section 8.022.05 or 8.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, immediately upon the applicable Borrowers shall promptly (in the case of clause (iii) above) or within one (1) Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Parent at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(cat such time exceeds 105% of the Letter of Credit Sublimit then in effect, then within two (2) then, within the time specified in Business Days after receipt of such Section 2.05(c)notice, the Company applicable Borrowers shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (Movado Group Inc)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the any L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C BorrowingBorrowing that has not been reimbursed, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 8.02, in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that 9.02(c) or (iv) there shall exist a Revolving Credit Defaulting Lender that is a Defaulting Revolving A-12 Lender, the Borrower shall immediately upon (in the case of clause (iii) above) or within three Business Days (in all other cases) following any request of by the Administrative Agent, the Agent or any L/C Issuer or the Swing Line Lender, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.15(b) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrower at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds 100% of the Letter of Credit Sublimit then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company Borrower shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit; provided that no such Section 2.05(c)notice shall be given by the Administrative Agent in respect of any such excess resulting from fluctuations in the applicable Dollar Equivalent amount of any Letter of Credit unless and until such excess continues for a period of 30 days except to the extent that the Dollar Equivalent exceeds 105% of the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (Lamb Weston Holdings, Inc.)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the any L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the close of business on the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company shall be required to provide Cash Collateral pursuant to Section 8.028.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Company shall immediately upon (in the case of clause (iii) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, the Agent or any L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.17(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) and, in the case of clause (it being understood that the Administrative Agent mayiii) above, at any time and from time to time after the initial deposit of Cash Collateralif applicable, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against an amount not less than the results maximum potential drawings under Secured Permitted Bilateral Letters of exchange rate fluctuations)Credit. Additionally, if the Administrative Agent notifies the Company shall be required to Cash Collateralize at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds 103% of the Letter of Credit Sublimit then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in 152302503 an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (Ceco Environmental Corp)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrowers shall be required to provide Cash Collateral pursuant to Section 8.02, in each case2.05 or 8.02(c) or (iv) there shall exist a Defaulting Lender, the Borrowers shall immediately Cash Collateralize (in the then Outstanding Amount case of clause (iii) above) or within one Business Day (in all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At other cases) following any time that there shall exist a Revolving Credit Lender that is a Defaulting Lender, immediately upon the request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line Lender, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.15(b) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies PRGX at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(cat such time exceeds one hundred five percent (105%) of the Letter of Credit Sublimit then in effect, then, within the time specified in two (2) Business Days after receipt of such Section 2.05(c)notice, the Company Borrowers shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (PRGX Global, Inc.)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the any L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company shall be required to provide Cash Collateral pursuant to Section 8.02, in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that ‎8.02 or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Company shall immediately upon (in the case of clause (iii) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, the Agent or such L/C Issuer or the Swing Line Lender, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv‎2.15(b) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Administrative Agent notifies the Company shall be required to Cash Collateralize at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds 105% of the Letter of Credit Sublimit then in effect, then, within two Business Days (or, in the time specified event such excess arises as a result of fluctuations in the applicable Spot Rate with respect to L/C Obligations denominated in an Alternative Currency, five Business Days) after receipt of such Section 2.05(c)notice, the Company shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (Global Payments Inc)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 8.022.05 or 8.02(c), in each caseor (iv) there shall exist a Defaulting Lender, the Borrowers shall immediately Cash Collateralize (in the then Outstanding Amount case of clause (iii) above) or within one (1) Business Day (in all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At other cases) following any time that there shall exist a Revolving Credit Lender that is a Defaulting Lender, immediately upon the request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrowers at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(cat such time exceeds 105% of the Letter of Credit Sublimit then in effect, then within two (2) then, within the time specified in Business Days after receipt of such Section 2.05(c)notice, the Company Borrowers shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (MSA Safety Inc)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral 58 pursuant to Section 8.022.05 or 8.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Borrower shall immediately upon (in the case of clause (iii) above) or within one (1) Business Day (in all other cases) following any request of by the Joint Administrative Agent, Agent or the L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Joint Administrative Agent notifies the Company shall be required to Cash Collateralize at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(cat such time exceeds 105% of the Letter of Credit Sublimit then in effect, then within two (2) then, within the time specified in Business Days after receipt of such Section 2.05(c)notice, the Company shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c).which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit. 

Appears in 1 contract

Sources: Credit Agreement (Green Plains Inc.)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C BorrowingIssuance, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Parent Borrower shall be required to provide Cash Collateral pursuant to Section 8.02, in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that 9.02(c) or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Parent Borrower shall immediately upon (in the case of clause (iii) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Parent Borrower in writing at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(cat such time exceeds 105% of the Letter of Credit Sublimit then in effect for at least one (1) thenconsecutive Business Day, then within the time specified in five (5) Business Days after receipt of such Section 2.05(c)written notice, the Company Parent Borrower shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (Montrose Environmental Group, Inc.)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company any Borrower shall be required to provide Cash Collateral pursuant to Section 8.022.05 or 8.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, immediately upon the applicable Borrowers shall promptly (in the case of clause (iii) above) or within one (1) Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Parent at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(cat such time exceeds 105% of the Letter of Credit Sublimit then in effect, then within two (2) then, within the time specified in Business Days after receipt of such Section 2.05(c)notice, the Company applicable Borrowers shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (Movado Group Inc)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Sublimit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 8.028.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Borrower shall immediately upon (in the case of clause (iii) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrower at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds 103% of the Letter of Credit Sublimit then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company Borrower shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (Acadia Healthcare Company, Inc.)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 8.022.09 or 10.02, in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Borrower shall immediately upon (in the case of clause (iii) above) or within one (1) Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.13(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Agent notifies the Borrower at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(cat such time exceeds 102% of the Letter of Credit Sublimit then in effect, then within two (2) then, within the time specified in Business Days after receipt of such Section 2.05(c)notice, the Company Borrower shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit and Security Agreement (Ameresco, Inc.)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the any L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company shall be required to provide Cash Collateral pursuant to Section 8.022.05(c)(i) or Section 8.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Company shall immediately upon (in the case of clause (iii) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the applicable L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.17(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Administrative Agent notifies the Company shall be required to Cash Collateralize at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds 105% of the Letter of Credit Sublimit then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c).which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit. 65

Appears in 1 contract

Sources: Credit Agreement (Discovery, Inc.)

Certain Credit Support Events. (x) (i) Upon the request of the Administrative Agent or the an L/C Issuer (i) Issuer, if the such L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, Borrowing or (ii) if, as of the Letter of Credit Expiration DateDate (applicable to unutilized Revolving Commitments at least equal to outstanding L/C Obligations), any L/C Obligation for any reason (including the issuance by an L/C Issuer of a Letter of Credit with an expiry date after the Letter of Credit Expiration Date) remains outstanding, or (iii) if the Company shall be required to provide Cash Collateral pursuant to Section 8.02shall, in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations, or (y) if the aggregate principal amount of L/C Obligations in an amount not less than exceeds the applicable Minimum Letter of Credit Sublimit, the Company shall immediately provide Cash Collateral Amountof at least such excess amount. At any time that there shall exist a Revolving Credit Lender that is a Defaulting Lender, immediately upon the request of the Administrative Agent, the an L/C Issuer or the Swing Line Lender, the Borrowers Company shall deliver to the Administrative Agent Cash Collateral in an amount not less than the applicable Minimum Collateral Amount sufficient to cover all Fronting Exposure (after giving effect to Section 2.15(a)(iv‎2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the ). The Administrative Agent maymay (and shall at the request of any L/C Issuer), at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize any L/C Obligations pursuant to Section 2.05(c) then, within the time specified in such Section 2.05(c), the Company shall provide Cash Collateral for the applicable L/C Obligations in an amount not less than the amount required by such Section 2.05(c).

Appears in 1 contract

Sources: Incremental Amendment to Second Amended and Restated Credit Agreement (Fti Consulting, Inc)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration DateMaturity Date then in effect (or, if such day is not a Business Day, the next preceding Business Day), any L/C Obligation for any reason remains outstanding, or (iii) if the Company shall be required to provide Cash Collateral pursuant to Section 8.02, in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that 9.15(c) or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Company shall immediately upon (in the case of clause (iii) above) or within one (1) Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood ). If the Administrative Agent notifies the Borrowers at any time that the Outstanding Amount of all L/C CHAR1\1550647v12 Obligations at such time exceeds one hundred five percent (105%) of the Letter of Credit Sublimit then in effect, then, within two (2) Business Days after receipt of such notice, the Borrowers shall Cash Collateralize the L/C Obligations in an amount equal to the amount by which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit. The Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize any L/C Obligations pursuant to Section 2.05(c) then, within the time specified in such Section 2.05(c), the Company shall provide Cash Collateral for the applicable L/C Obligations in an amount not less than the amount required by such Section 2.05(c).

Appears in 1 contract

Sources: Syndicated Facility Agreement (Genuine Parts Co)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the an L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 8.029.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Borrower shall immediately upon (in the case of clause (iii) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the applicable L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.16(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrower at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds 102% of the Letter of Credit Sublimit then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company Borrower shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (Tech Data Corp)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 8.02, in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that 8.2(c) or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, DeVry shall (or shall cause the Designated Borrowers to) immediately upon (in the case of clause (iii) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line Lender, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.16(b) and any Cash Collateral provided by such the Defaulting Lender) (it being understood ). In addition, if the Administrative Agent notifies DeVry at any time that the Outstanding Amount of all L/C Obligations at such time exceeds the Letter of Credit Sublimit then in effect, then, within two Business Days after receipt of such notice, DeVry shall (or shall cause the Designated Borrowers to) Cash Collateralize the L/C Obligations in an amount equal to the amount by which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit. The Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize any L/C Obligations pursuant to Section 2.05(c) then, within the time specified in such Section 2.05(c), the Company shall provide Cash Collateral for the applicable L/C Obligations in an amount not less than the amount required by such Section 2.05(c).

Appears in 1 contract

Sources: Credit Agreement (Devry Education Group Inc.)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 8.022.05 or 8.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Borrower shall immediately upon (in the case of clause (iii) above) or within one (1) Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Administrative Agent notifies the Company shall be required to Cash Collateralize at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(cat such time exceeds 105% of the Letter of Credit Sublimit then in effect, then within two (2) then, within the time specified in Business Days after receipt of such Section 2.05(c)notice, the Company shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (Powell Industries Inc)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iiiii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 8.022.05 or 8.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iii) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Borrower shall immediately upon (in the case of clause (ii) above) or within one (1) Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iii) above, after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrower at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(cat such time exceeds 105% of the Letter of Credit Sublimit then in effect, then within two (2) then, within the time specified in Business Days after receipt of such Section 2.05(c)notice, the Company Borrower shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (Ufp Technologies Inc)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 8.02, in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that 9.02(c) or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Borrower shall immediately upon (in the case of clause (iii) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line Lender, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.15(b) and any Cash Collateral provided CHAR1\1323615v9 by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrower at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds 105% of the Letter of Credit Sublimit then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company Borrower shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (Comscore, Inc.)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 8.022.05 or 8.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Borrower shall immediately upon (in the case of clause (iii) above) or within one (1) Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Loan Party Agent at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(cat such time exceeds the Letter of Credit Sublimit then in effect, then within two (2) then, within the time specified in Business Days after receipt of such Section 2.05(c)notice, the Company Borrower shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (FreightCar America, Inc.)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the any L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C BorrowingBorrowing that has not been reimbursed, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company shall be required to provide Cash Collateral pursuant to Section 8.02, in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Company shall immediately upon (in the case of clause (iii) above) or within three Business Days (in all other cases) following any request of by the Administrative Agent, Agent or the applicable L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.16(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Administrative Agent notifies the Company shall be required to Cash Collateralize at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time, less Cash Collateral therefor, exceeds 103% of the Letter of Credit Sublimit then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company Conagra Revolving Credit Agreement (2025) ​ shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Revolving Credit Agreement (Conagra Brands Inc.)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 8.028.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Borrower shall immediately upon (in the case of clause (iii) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, the L/C Issuer or the Swing Line Lender, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.18(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrower at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds the Letter of Credit Sublimit then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company Borrower shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (Tanger Properties LTD Partnership /Nc/)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrowers shall be required to provide Cash Collateral pursuant to Section 8.028.02(c), in each caseor (iv) there shall exist a Defaulting Lender, the Borrowers shall immediately Cash Collateralize (in the then Outstanding Amount case of clause (iii) above) or within one Business Day (in all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At other cases) following any time that there shall exist a Revolving Credit Lender that is a Defaulting Lender, immediately upon the request of by the Administrative Agent, the L/C Issuer or LC Issuer, the Swing Line Lender or the Alternative Currency Fronting Lender, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrowers at any time that the Outstanding Amount of all Revolver L/C Obligations pursuant to Section 2.05(c) at such time exceeds 105% of the Revolver Letter of Credit Sublimit then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company Borrowers shall provide Cash Collateral for the applicable Outstanding Amount of the Revolver L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all Revolver L/C Obligations exceeds the Revolver Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (Global Partners Lp)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the an L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrowers shall be required to provide Cash Collateral pursuant to Section 8.028.02(c), in each caseor (iv) there shall exist a Defaulting Lender, the Borrowers shall immediately Cash Collateralize (in the then Outstanding Amount case of clause (iii) above) or within one Business Day (in all other cases) following any request by the Administrative Agent or the applicable L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that there shall exist a Revolving Credit Lender that is a Defaulting LenderIssuer, immediately upon the request of the Administrative Agent, the L/C Issuer or the Swing Line Lender, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.17(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrowers at any time that the Outstanding Amount of the Dollar Equivalent of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds 105% of the Aggregate Commitments then in effect, then, within the time specified in two (2) Business Days after receipt of such Section 2.05(c)notice, the Company Borrowers shall provide Cash Collateral for the Outstanding Amount of the applicable L/C Obligations in an amount in Dollars not less than the amount required by such Section 2.05(c).which the Outstanding Amount of all L/C Obligations exceeds the Aggregate Commitments. 73 90295627_3

Appears in 1 contract

Sources: Revolving Credit Agreement (Chicago Bridge & Iron Co N V)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Parent Borrower shall be required to provide Cash Collateral pursuant to Section 8.02, in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that 9.02(c) or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Parent Borrower shall immediately upon (in the case of clause (iii) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Parent Borrower in writing at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(cat such time exceeds 105% of the Letter of Credit Sublimit then in effect for at least one (1) thenconsecutive Business Day, then within the time specified in five (5) Business Days after receipt of such Section 2.05(c)written notice, the Company Parent Borrower shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (Montrose Environmental Group, Inc.)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer (i) if If (A) the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (iiB) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iiiC) if the Company any Borrower shall be required to provide Cash Collateral pursuant to Section 8.028.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (D) there shall exist a Revolving Credit Lender that is a Defaulting Lender, each Borrower shall immediately upon (in the case of clause (C) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in respect of its respective Obligations in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (D) above, after giving effect to Section 2.15(a)(iv2.18(a)(iv) and any Cash Collateral provided by such the Defaulting Lender).. (ii) (it being understood In addition, if the Administrative Agent notifies the Company at any time that the Outstanding Amount of all L/C Obligations at such time exceeds 110% of the Letter of Credit Sublimit then in effect, then, within five Business Days after receipt of such notice, one or more Borrowers shall Cash Collateralize its or their L/C Obligations in an amount equal to the amount by which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit. The Administrative Agent may, at any time and from time to time after the initial deposit of Cash CollateralCollateral pursuant to this clause (ii), request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize any L/C Obligations pursuant to Section 2.05(c) then, within the time specified in such Section 2.05(c), the Company shall provide Cash Collateral for the applicable L/C Obligations in an amount not less than the amount required by such Section 2.05(c).

Appears in 1 contract

Sources: Credit Agreement (Herbalife Ltd.)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the an L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company shall be required to provide Cash Collateral pursuant to Section 2.06 or Section 8.02, in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Company shall immediately upon CHAR1\1847295v5 (in the case of clause (iii) above) or within one (1) Business Day (in all other cases) following any request of by the Administrative Agent, the Agent or an L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.18(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Administrative Agent notifies the Company shall be required to Cash Collateralize at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds the Letter of Credit Sublimit then in effect, then, within the time specified in two (2) Business Days after receipt of such Section 2.05(c)notice, the Company shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (Celestica Inc)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrowers shall be required to provide Cash Collateral pursuant to Section 8.022.05 or 8.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, immediately upon the request of the Administrative Agent, the L/C Issuer or the Swing Line Lender, the Borrowers shall deliver to promptly (in the case of clause (iii) above) or within one (1) Business Day (in all other cases) following any request by the Administrative Agent or the L/C Issuer, provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Parent at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(cat such time exceeds 105% of the Letter of Credit Sublimit then in effect, then within two (2) then, within the time specified in Business Days after receipt of such Section 2.05(c)notice, the Company Parent shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (Movado Group Inc)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the any L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C BorrowingBorrowing that has not been reimbursed, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company shall be required to provide Cash Collateral pursuant to Section 8.02, in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Company shall immediately upon (in the case of clause (iii) above) or within three Business Days (in all other cases) following any request of by the Administrative Agent, Agent or the applicable L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.16(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Administrative Agent notifies the Company shall be required to Cash Collateralize at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time, less Cash Collateral therefor, exceeds 105% of the Letter of Credit Sublimit then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Revolving Credit Agreement (Conagra Brands Inc.)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the an L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrowers shall be required to provide Cash Collateral pursuant to Section 8.028.02(c), in each caseor (iv) there shall exist a Defaulting Lender, the Borrowers shall immediately Cash Collateralize (in the then Outstanding Amount case of clause (iii) above) or within one Business Day (in all other cases) following any request by the Administrative Agent or the applicable L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that there shall exist a Revolving Credit Lender that is a Defaulting LenderIssuer, immediately upon the request of the Administrative Agent, the L/C Issuer or the Swing Line Lender, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.17(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrowers at any time 68208499_7 that the Outstanding Amount of (x) the Dollar Equivalent of all L/C Obligations pursuant at such time exceeds 105% of the Aggregate Commitments then in effect or (y) the Dollar Equivalent of all L/C Obligations with respect to Section 2.05(c) Financial Letters of Credit at such time exceeds 105% of the Financial Letter of Credit Sublimit then in effect, then, within the time specified in two (2) Business Days after receipt of such Section 2.05(c)notice, the Company Borrowers shall provide Cash Collateral for the Outstanding Amount of the applicable L/C Obligations in an amount in Dollars not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Aggregate Commitments or the Financial Letter of Credit Sublimit, as the case may be.

Appears in 1 contract

Sources: Credit Agreement (Chicago Bridge & Iron Co N V)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the any L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C BorrowingBorrowing that has not been reimbursed, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 8.02, in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that 9.02(c) or (iv) there shall exist a Revolving Credit Defaulting Lender that is a Defaulting Revolving AA-1 Lender, the Borrower shall immediately upon (in the case of clause (iii) above) or within three Business Days (in all other cases) following any request of by the Administrative Agent, the Agent or any L/C Issuer or the Swing Line Lender, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.15(b) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrower at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds 100% of the Letter of Credit Sublimit then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company Borrower shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit; provided that no such Section 2.05(c)notice shall be given by the Administrative Agent in respect of any such excess resulting from fluctuations in the applicable Dollar Equivalent amount of any Letter of Credit unless and until such excess continues for a period of 30 days except to the extent that the Dollar Equivalent exceeds 105% of the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (Lamb Weston Holdings, Inc.)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the an L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrowers shall be required to provide Cash Collateral pursuant to Section 8.028.02(c), in each caseor (iv) there shall exist a Defaulting Lender, the Borrowers shall immediately Cash Collateralize (in the then Outstanding Amount case of clause (iii) above) or within one Business Day (in all other cases) following any request by the Administrative Agent or the applicable L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that there shall exist a Revolving Credit Lender that is a Defaulting LenderIssuer, immediately upon the request of the Administrative Agent, the L/C Issuer or the Swing Line Lender, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.17(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrowers at any time that the Outstanding Amount of (x) the Dollar Equivalent of all L/C Obligations pursuant at such time exceeds 105% of the Aggregate Commitments then in effect or (y) the Dollar Equivalent of all L/C Obligations with respect to Section 2.05(c) Financial Letters of Credit at such time exceeds 105% of the Financial Letter of Credit Sublimit then in effect, then, within the time specified in two (2) Business Days after receipt of such Section 2.05(c)notice, the Company Borrowers shall provide Cash Collateral for the Outstanding Amount of the applicable L/C Obligations in an amount in Dollars not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Aggregate Commitments or the Financial Letter of Credit Sublimit, as the case may be.

Appears in 1 contract

Sources: Credit Agreement (Chicago Bridge & Iron Co N V)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the any L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the close of business on the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company shall be required to provide Cash Collateral pursuant to Section 8.028.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Company shall immediately upon (in the case of clause (iii) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, the Agent or any L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.17(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) and, in the case of clause (it being understood that the Administrative Agent mayiii) above, at any time and from time to time after the initial deposit of Cash Collateralif applicable, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against an amount not less than the results maximum potential drawings under Secured Permitted Bilateral Letters of exchange rate fluctuations)Credit. Additionally, if the Administrative Agent notifies the Company shall be required to Cash Collateralize at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(c) at such time exceeds 103% of the Letter of Credit Sublimit then in effect, then, within the time specified in two Business Days after receipt of such Section 2.05(c)notice, the Company shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in 77 152302503 an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (Ceco Environmental Corp)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 8.028.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Borrower shall immediately upon (in the case of clause (iii) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.18(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood ). Additionally, if the Administrative Agent notifies the Borrower at any time that the Outstanding Amount of all L/C Obligations at such time exceeds the Letter of Credit Sublimit then in effect, then, within two Business Days after receipt of such notice, the Borrower shall provide Cash Collateral for the Outstanding Amount of the L/C Obligations in an amount not less than the amount by which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit. The Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided as required in accordance with this Section 2.14(a) the reasonable judgment of the Administrative Agent in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize any L/C Obligations pursuant to Section 2.05(c) then, within the time specified in such Section 2.05(c), the Company shall provide Cash Collateral for the applicable L/C Obligations in an amount not less than the amount required by such Section 2.05(c).

Appears in 1 contract

Sources: Credit Agreement (Tanger Properties LTD Partnership /Nc/)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the an L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrowers shall be required to provide Cash Collateral pursuant to Section 8.028.02(c), in each caseor (iv) there shall exist a Defaulting Lender, the Borrowers shall immediately Cash Collateralize (in the then Outstanding Amount case of clause (iii) above) or within one Business Day (in all other cases) following any request by the Administrative Agent or the applicable L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that there shall exist a Revolving Credit Lender that is a Defaulting LenderIssuer, immediately upon the request of the Administrative Agent, the L/C Issuer or the Swing Line Lender, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv2.17(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrowers at any time that the Outstanding Amount of (x) the Dollar Equivalent of all L/C Obligations pursuant at such time exceeds 105% of the Aggregate Commitments then in effect or (y) the Dollar Equivalent of all L/C Obligations with respect to Section 2.05(c) Financial Letters of Credit at such time exceeds 105% of the Financial 68208499_3 Letter of Credit Sublimit then in effect, then, within the time specified in two (2) Business Days after receipt of such Section 2.05(c)notice, the Company Borrowers shall provide Cash Collateral for the Outstanding Amount of the applicable L/C Obligations in an amount in Dollars not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Aggregate Commitments or the Financial Letter of Credit Sublimit, as the case may be.

Appears in 1 contract

Sources: Credit Agreement (Chicago Bridge & Iron Co N V)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the any L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company any Borrower shall be required to provide Cash Collateral pursuant to Section 8.02, in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that 9.02(b) or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Company shall immediately upon (in the case of clause (iii) above) or within one (1) Business Day (in all other cases) following any request of by the Administrative Agent, the Agent or an L/C Issuer or the Swing Line Lender, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iviii) above, after giving effect to Section 2.15(a)(iv2.15(b) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Administrative Agent notifies the Company shall be required to Cash Collateralize at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(cfor Financial Letters of Credit at such time exceeds 105103 % of the Financial Letter of Credit Sublimit then in effect, then within two (2) then, within the time specified in Business Days after receipt of such Section 2.05(c)notice, the Company shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations for Financial Letters of Credit in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations for Financial Letters of Credit exceeds the Financial Letter of Credit Sublimit.

Appears in 1 contract

Sources: Fourth Amended and Restated Credit Agreement (Quanta Services, Inc.)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the any L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company shall be required to provide (or cause Acuity or the applicable Designated Borrower to provide) Cash Collateral pursuant to Section 8.029.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Company shall immediately upon (in the case of clause (iii) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, the Agent or such L/C Issuer Issuer, provide (or cause Acuity or the Swing Line Lender, the Borrowers shall deliver applicable Designated Borrower to the Administrative Agent provide) Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Administrative Agent notifies the Company shall be required to Cash Collateralize at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(cat such time exceeds 105% of the Letter of Credit Sublimit then in effect, then within two (2) then, within the time specified in Business Days after receipt of such Section 2.05(c)notice, the Company shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (Zep Inc.)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer If (i) if the an L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (ii) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iii) if the Company Borrower shall be required to provide Cash Collateral pursuant to Section 8.022.05 or 8.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (iv) there shall exist a Revolving Credit Lender that is a Defaulting Lender, the Borrower shall immediately upon (in the case of clause (iii) above) or within one (1) Business Day (in all other cases) following any request of by the Administrative Agent, the Agent or such L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (iv) above, after giving effect to Section 2.15(a)(iv) and any Cash Collateral provided by such the Defaulting Lender) (it being understood that the Administrative Agent may, at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize Administrative Agent notifies the Borrower at any time that the Outstanding Amount of all L/C Obligations pursuant to Section 2.05(cat such time exceeds one hundred five percent (105%) thenof the Letter of Credit Sublimit then in effect, then within the time specified in two (2) Business Days after receipt of such Section 2.05(c)notice, the Company Borrower shall provide Cash Collateral for the applicable Outstanding Amount of the L/C Obligations in an amount not less than the amount required by such Section 2.05(c)which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit.

Appears in 1 contract

Sources: Credit Agreement (Aerojet Rocketdyne Holdings, Inc.)

Certain Credit Support Events. (x) (i) Upon the request of the Administrative Agent or the an L/C Issuer (i) Issuer, if the such L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, Borrowing or (ii) if, as of the Letter of Credit Expiration DateDate (applicable to unutilized Revolving Commitments at least equal to outstanding L/C Obligations), any L/C Obligation for any reason (including the issuance by an L/C Issuer of a Letter of Credit with an expiry date after the Letter of Credit Expiration Date) remains outstanding, or (iii) if the Company shall be required to provide Cash Collateral pursuant to Section 8.02shall, in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations, or (y) if the aggregate principal amount of L/C Obligations in an amount not less than exceeds the applicable Minimum Letter of Credit Sublimit, the Company shall immediately provide Cash Collateral Amountof at least such excess amount. At any time that there shall exist a Revolving Credit Lender that is a Defaulting Lender, immediately upon the request of the Administrative Agent, the an L/C Issuer or the Swing Line Lender, the Borrowers Company shall deliver to the Administrative Agent Cash Collateral in an amount not less than the applicable Minimum Collateral Amount sufficient to cover all Fronting Exposure (after giving effect to Section 2.15(a)(iv) and any - 64 - Cash Collateral provided by such the Defaulting Lender) (it being understood that the ). The Administrative Agent maymay (and shall at the request of any L/C Issuer), at any time and from time to time after the initial deposit of Cash Collateral, request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize any L/C Obligations pursuant to Section 2.05(c) then, within the time specified in such Section 2.05(c), the Company shall provide Cash Collateral for the applicable L/C Obligations in an amount not less than the amount required by such Section 2.05(c).

Appears in 1 contract

Sources: Credit Agreement (Fti Consulting, Inc)

Certain Credit Support Events. Upon the request of the Administrative Agent or the L/C Issuer (i) if If (A) the L/C Issuer has honored any full or partial drawing request under any Letter of Credit and such drawing has resulted in an L/C Borrowing, (iiB) if, as of the Letter of Credit Expiration Date, any L/C Obligation for any reason remains outstanding, or (iiiC) if the Company any Borrower shall be required to provide Cash Collateral pursuant to Section 8.028.02(c), in each case, the Borrowers shall immediately Cash Collateralize the then Outstanding Amount of all L/C Obligations in an amount not less than the applicable Minimum Collateral Amount. At any time that or (D) there shall exist a Revolving Credit Lender that is a Defaulting Lender, each Borrower shall immediately upon (in the case of clause (C) above) or within one Business Day (in all other cases) following any request of by the Administrative Agent, Agent or the L/C Issuer or the Swing Line LenderIssuer, the Borrowers shall deliver to the Administrative Agent provide Cash Collateral in respect of its respective Obligations in an amount not less than the applicable Minimum Collateral Amount (determined in the case of Cash Collateral provided pursuant to clause (D) above, after giving effect to Section 2.15(a)(iv2.18(a)(iv) and any Cash Collateral provided by such the Defaulting Lender). (ii) (it being understood In addition, if the Administrative Agent notifies the Company at any time that the Outstanding Amount of all L/C Obligations at such time exceeds 110% of the Letter of Credit Sublimit then in effect, then, within five Business Days after receipt of such notice, one or more Borrowers shall Cash Collateralize its or their L/C Obligations in an amount equal to the amount by which the Outstanding Amount of all L/C Obligations exceeds the Letter of Credit Sublimit. The Administrative Agent may, at any time and from time to time after the initial deposit of Cash CollateralCollateral pursuant to this clause (ii), request that additional Cash Collateral be provided in accordance with this Section 2.14(a) in order to protect against the results of exchange rate fluctuations). Additionally, if the Company shall be required to Cash Collateralize any L/C Obligations pursuant to Section 2.05(c) then, within the time specified in such Section 2.05(c), the Company shall provide Cash Collateral for the applicable L/C Obligations in an amount not less than the amount required by such Section 2.05(c).

Appears in 1 contract

Sources: Credit Agreement (Herbalife Ltd.)