Delivery of Cash Collateral. If (i) the Issuing Lender has honored any full or partial drawing request under any Letter of Credit and such amount has not been reimbursed pursuant to Section 3.5, (ii) as of the date that is five (5) Business Days prior to the Revolving Termination Date there are any issued and outstanding Letters of Credit that have not been Cash Collateralized, (iii) the Borrower shall be required to provide Cash Collateral pursuant to Section 8, or (iv) there shall exist a Defaulting Lender, the Borrower shall immediately (in the case of clause (iii) above), or within one (1) Business Day following the written request of the Administrative Agent or the Issuing Lender (with a copy to the Administrative Agent) (in all other cases), provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of clause (iv) above after giving effect to Section 2.23(a)(iv) and any Cash Collateral provided by the applicable Defaulting Lender). In addition to the requirements pursuant to clauses (i) through (iv) above, the Borrower shall provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount on the terms and subject to the conditions set forth in other provisions of this Agreement.
Delivery of Cash Collateral. As described in the Fund Documents, from time to time the Trust may, in its sole discretion, permit cash collateral to be posted to the Custodian (or such other agent as may be agreed in writing by the Participant and the Trust from time to time) for the benefit of a Fund in anticipation of delivery of all or a portion of the requisite Deposit Securities, and may require additional cash collateral of 105% of the daily market value of such Deposit Securities to be posted, in the sole discretion of the Trust. The Fund may at any time use such cash collateral to purchase Deposit Securities without further consultation with the Participant. To the extent permitted by the Fund Documents, the Participant shall be responsible for any and all expenses and costs incurred by the Trust, including all Cash Amounts, in connection with any Purchase Orders placed by the Participant. The Participant understands and agrees that in the event collateral or the Fund Deposit are not fully transferred to the Trust by the time specified, a Purchase Order may be cancelled by the Trust and the Participant will be solely responsible for any and all expenses and costs incurred by the applicable Fund, Distributor and the Index Receipt Agent related to the cancelled Purchase Order. Orders processed through the NSCC via CNS are not eligible for cash collateralization.
Delivery of Cash Collateral. All certificates or instruments, if any, representing or evidencing the Cash Collateral shall be delivered to and held by or on behalf of the Collateral Trustee pursuant hereto and shall be in suitable form for transfer by delivery, or shall be accompanied by duly executed instruments of transfer or assignment in blank, all in form and substance satisfactory to the Collateral Trustee. In addition, the Collateral Trustee shall have the right at any time to exchange certificates or instruments representing or evidencing Cash Collateral for certificates or instruments of smaller or larger denominations.
Delivery of Cash Collateral. If (i) the Issuing Lender has honored any full or partial drawing request under any Letter of Credit and such amount has not been reimbursed pursuant to Section 3.5, (ii) as of the date that is five (5) Business Days prior to the Revolving Termination Date there are any issued and outstanding Letters of Credit that have not been Cash Collateralized, (iii) the Borrower shall be required to provide Cash Collateral pursuant to Section 8, (iv) there shall exist a Defaulting Lender or (v) at any time on or after the Second Amendment Effective Date there exists any issued and outstanding Letters of Credit that have not been Cash Collateralized in an amount not less than the Minimum Collateral Amount, the Borrower shall immediately (in the case of clauses (iii) and (v) above), or within one (1) Business Day following the written request of the Administrative Agent or the Issuing Lender (with a copy to the Administrative Agent) (in all other cases), provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount (determined in the case of clause (iv) above after giving effect to Section 2.23(a)(iv) and any Cash Collateral provided by the applicable Defaulting Lender). In addition to the requirements pursuant to clauses (i) through (v) above, the Borrower shall provide Cash Collateral in an amount not less than the applicable Minimum Collateral Amount on the terms and subject to the conditions set forth in other provisions of this Agreement.
Delivery of Cash Collateral. As described herein and in the Fund Documents, from time to time the Trust may, in its sole discretion, permit cash collateral to be posted to the Custodian (or such other agent as may be agreed in writing by the Participant and the Trust from time to time) for the benefit of a Fund in anticipation of delivery of all or a portion of the requisite Deposit Securities, and may require additional cash collateral of 115% of the daily market value of such Deposit Securities to be posted, in the sole discretion of the Trust. The Fund may, acting in good faith, at any time use such cash collateral to purchase Deposit Securities without further consultation with the Participant. To the extent permitted by the Fund Documents, the Participant shall be responsible for any and all expenses and costs incurred by the Trust, including all cash amounts, in connection with any Purchase Orders placed by the Participant. The Participant understands and agrees that in the event collateral or the Fund Deposit are not fully transferred to the Trust by the time specified, a Purchase Order may be cancelled by the Trust and the Participant will be solely responsible for any and all expenses and costs incurred by the applicable Fund, Distributor and the Index Receipt Agent related to the cancelled Purchase Order. Orders processed through the NSCC via CNSS are not eligible for cash collateralization.
Delivery of Cash Collateral. The Borrower hereby agrees to deliver to the Issuing Bank, on the date hereof pursuant to wire transfer or other instructions provided by the Issuing Bank, cash in immediately available funds in the amount of $45,168,300.00, which will be deposited by the Issuing Bank into, and maintained in, a blocked, non-interest bearing deposit account at Bank of America, N.A. identified by account number as the “Initial Deposit Account” Schedule 2 hereof. Upon delivery of such cash to the Issuing Bank, the total amount of cash on deposit in the Initial Deposit Account (including amounts deposited previously in the Initial Deposit Account in accordance with the DIP Credit Agreement) as of the date hereof shall be $47,503,101.46, which amount shall be equal to 102% of the aggregate undrawn amount of the Existing Letters of Credit.
Delivery of Cash Collateral. All certificates or instruments representing or evidencing Cash Collateral shall be delivered to and held by the Collateral Agent on its behalf and on behalf of the other Secured Parties and shall be in suitable form for transfer by delivery, or shall be accompanied by duly executed instruments of transfer or assignment in blank, all in form and substance satisfactory to the Collateral Agent. The Collateral Agent shall have the right, at any time in its discretion and without notice to the Pledgor, to transfer to or to register in the name of the Collateral Agent or any of its nominees any or all of the Cash Collateral. In addition, the Collateral Agent shall have the right at any time to exchange certificates or instruments representing or evidencing Cash Collateral for certificates or instruments of smaller or larger denominations. All Cash Collateral credited to or held in the Cash Collateral Account shall be registered in the name of the Collateral Agent and indorsed to the Collateral Securities Intermediary or in blank.
Delivery of Cash Collateral. The Borrower shall have delivered to the Administrative Agent cash collateral in an amount equal to one hundred percent (100%) of the aggregate amount of any Revolving Credit Loan or Maximum Drawing Amount of any Letter of Credit requested and shall provide the Administrative Agent with evidence satisfactory to the Administrative Agent that after giving effect to the making of such Revolving Credit Loan or issuance, extension or renewal of such Letter of Credit, §8.20 hereof will be satisfied.
Delivery of Cash Collateral. In the event that the basket of Deposit Securities to be delivered by the AP Representative to the Fund for the Participant in connection with any Purchase Order is missing one or more of the required Deposit Securities on the Contractual Settlement Date for such Purchase Order, the AP Representative, on behalf of the Participant, will notify the Fund of such settlement failure or anticipated settlement failure. Upon notification, the Fund will agree not to treat such Purchase Order as a failed trade or a failed settlement in consideration of the undertaking by the Participant to deliver cash collateral in an amount not less than 105% nor greater than 115% of the market value of the missing Deposit Securities. The Fund shall notify the AP Representative, as agent for the Participant, of the cash collateral amount and the delivery instructions, and the AP Representative shall notify the Participant, without identifying the Deposit Security or Securities that are missing, of the amount of cash collateral that the Participant is required to post to the Fund. The Participant shall be responsible for delivery of such cash collateral to the AP Representative for on-delivery by the AP Representative to the Fund. Such cash collateral shall be marked-to-the-market daily so that the amount posted with the Fund by the Participant is never less than 105% of the market value of the missing Deposit Securities until the earlier of the acquisition of such Deposit Securities by the Fund (a “buy-in”) or delivery of the missing Deposit Securities by the AP Representative for the Participant. Nonetheless, the Fund may at any time effect a buy-in with respect to the missing Deposit Securities and use such cash collateral to purchase the missing Deposit Securities without further consultation with the Participant, and the Participant shall be responsible for any shortfall experienced by the applicable Fund in effecting such buy-in as well as related transaction expenses. The Participant understands and agrees that, in the event collateral or the Deposit Securities comprising the Deposit Basket are not fully transferred to the applicable Fund on or prior to the Contractual Settlement Date, a Purchase Order may be cancelled by the Fund and the Participant will be solely responsible for any and all expenses and costs incurred by the applicable Fund and the Distributor related to the cancelled Purchase Order.
Delivery of Cash Collateral. If either of the following ratios --------------------------- shall not be met at the end of any fiscal quarter of the Lessee (which ratios shall be calculated and reported as of the end of each fiscal quarter):
(i) if the ratio of (A) unencumbered cash and cash equivalents (including all Cash Collateral and the amount of the Defeasance Deposit for this purpose) to (B) Debt shall fall below [*]; or
(ii) if the ratio of Debt to Consolidated Tangible Net Worth shall exceed [*]; then, the Lessee immediately shall deliver pursuant to the Cash Collateral Agreement Cash Collateral with a market value of 100% of the then current amount of the Tranche B Participation Interests; provided, however, that such Cash Collateral shall be released in accordance with the terms of the Cash Collateral Agreement after delivery to the Agent of evidence reasonably satisfactory to the Agent and the Tranche B Participants that neither of the events set forth in (i) or (ii) above is continuing. [* confidential information] In addition, the Lessee may deliver pursuant to the Cash Collateral Agreement Cash Collateral with a market value of up to 100% of the then current amount of the Tranche B Participation Interests at any time. For so long as such amount of Cash Collateral is on deposit pursuant to this Section 10.1(n), the Applicable Margin shall be as set forth in clause --------------- (i)(b) of the definition of such term. In the event that the Lessee withdraws any portion of the principal amount of any Cash Collateral it had previously elected to deliver to the Depositary Bank when it was not required to do so and the Lessee is not required to maintain Cash Collateral at the time of such withdrawal, the Lessee shall pay to the Agent, for the account of the Tranche B Participants, a fee (the "Cash Collateral Return Fee") in an amount equal to the -------------------------- sum, for each separate deposit of Cash Collateral so withdrawn, of the product of (i) 0.0175, multiplied by (ii) the amount of such deposit of Cash Collateral, multiplied by (iii) the quotient of (A) the number of days (not to exceed 180 regardless of the length of time such amount has been on deposit), divided by (B) 360.
