Deposits in Deposit Account. The following amounts will be deposited in the Deposit Account at the following times: (i) On the Effective Date, each Deposit Lender shall deposit in the Deposit Account an amount in dollars equal to such Lender’s Deposit Commitment. Thereafter, the Deposits shall be available, on the terms and subject to the conditions set forth herein, (A) to fund Deposit Loans by such Lender pursuant to Section 2.01(b) and (B) for application pursuant to Section 2.04(e) to reimburse such Lender’s Deposit Percentage of LC Disbursements in respect of Deposit Letters of Credit that are not reimbursed by the applicable Borrower. The obligations of the Deposit Lenders to make the Deposits required by this clause (i) are several, and no Deposit Lender shall be responsible for any other Lender’s failure to make its Deposit as so required. (ii) On any date prior to the Deposit Maturity Date on which the Administrative Agent receives any payment for the account of any Deposit Lender with respect to the principal amount of any of its Deposit Loans, subject to clause (iv) below, the Administrative Agent shall deposit such amount in the Deposit Account and credit such amount to the Deposit Sub-Account of such Lender. (iii) On any date prior to the Deposit Maturity Date on which the Administrative Agent or the Deposit Issuing Bank receives any reimbursement payment from any Borrower in respect of an LC Disbursement with respect to which amounts were withdrawn from the Deposit Account to reimburse the Deposit Issuing Bank, subject to clause (iv) below, the Administrative Agent shall deposit such reimbursement payment in the Deposit Account, and credit to the Deposit Sub-Account of each of the Deposit Lenders, such Deposit Lender’s Deposit Percentage of such reimbursement payment, in accordance with Section 2.04(e). (iv) If at any time when any amount would otherwise be required to be deposited in the Deposit Account under clause (ii) or (iii) above the sum of such amount and the aggregate amount of the Deposits at such time would exceed (x) the aggregate amount of the Deposit Commitments minus (y) the aggregate principal amount of all outstanding Deposit Loans, then such excess shall not be deposited in the Deposit Account and the Administrative Agent shall instead pay to each Deposit Lender its Deposit Percentage of such excess. (v) Concurrently with the effectiveness of any assignment by any Lender of all or any portion of its Deposit Commitment, the Administrative Agent shall transfer into the Deposit Sub-Account of the assignee the corresponding portion of the amount on deposit in the assignor’s Deposit Sub-Account in accordance with Section 10.04(b).
Appears in 4 contracts
Samples: Credit Agreement (El Paso Corp/De), Credit Agreement (Tennessee Gas Pipeline Co), Credit Agreement (Colorado Interstate Gas Co)
Deposits in Deposit Account. The following amounts will be deposited in the Deposit Account at the following times:
(i) On the Effective Date, each Deposit Lender shall deposit in the Deposit Account an amount in dollars equal to such Lender’s Deposit Commitment. Thereafter, the Deposits shall be available, on the terms and subject to the conditions set forth herein, (A) to fund Deposit Loans by such Lender pursuant to Section 2.01(b2.01(c) and (B) for application pursuant to Section 2.04(e) to reimburse such Lender’s Deposit Percentage of LC Disbursements in respect of Deposit Letters of Credit that are not reimbursed by the applicable Borrower. The obligations of the Deposit Lenders to make the Deposits required by this clause (i) are several, and no Deposit Lender shall be responsible for any other Lender’s failure to make its Deposit as so required.
(ii) On any date prior to the Deposit Maturity Date on which the Administrative Agent receives any payment for the account of any Deposit Lender with respect to the principal amount of any of its Deposit Loans, subject to clause (iv) below, the Administrative Agent shall deposit such amount in the Deposit Account and credit such amount to the Deposit Sub-Account of such Lender.
(iii) On any date prior to the Deposit Maturity Date on which the Administrative Agent or the Deposit Issuing Bank receives any reimbursement payment from any Borrower in respect of an LC Disbursement with respect to which amounts were withdrawn from the Deposit Account to reimburse the Deposit Issuing Bank, subject to clause (iv) below, the Administrative Agent shall deposit such reimbursement payment in the Deposit Account, and credit to the Deposit Sub-Account of each of the Deposit Lenders, such Deposit Lender’s Deposit Percentage of such reimbursement payment, in accordance with Section 2.04(e).
(iv) If at any time when any amount would otherwise be required to be deposited in the Deposit Account under clause (ii) or (iii) above the sum of such amount and the aggregate amount of the Deposits at such time would exceed (x) the aggregate amount of the Deposit Commitments minus (y) the aggregate principal amount of all outstanding Deposit Loans, then such excess shall not be deposited in the Deposit Account and the Administrative Agent shall instead pay to each Deposit Lender its Deposit Percentage of such excess.
(v) Concurrently with the effectiveness of any assignment by any Lender of all or any portion of its Deposit Commitment, the Administrative Agent shall transfer into the Deposit Sub-Account of the assignee the corresponding portion of the amount on deposit in the assignor’s Deposit Sub-Account in accordance with Section 10.04(b).
Appears in 3 contracts
Samples: Credit Agreement (El Paso Natural Gas Co), Credit Agreement (El Paso Corp/De), Credit Agreement (Southern Natural Gas Co)
Deposits in Deposit Account. The following amounts will be deposited in the Deposit Account at the following times:
(i) On the Effective Closing Date, each Deposit Lender shall deposit in the Deposit Account an amount in dollars Dollars equal to such Lender’s Deposit Commitment. Thereafter, the Deposits shall be available, on the terms and subject to the conditions set forth herein, (A) to fund Deposit Loans by such Lender pursuant to Section 2.01(b) and (B) for application pursuant to Section 2.04(e2.02(f) to reimburse such Lender’s Deposit Percentage of LC Disbursements in respect of Deposit Letters of Credit that are not reimbursed by the applicable Borrower. The obligations of the Deposit Lenders to make the Deposits required by this clause (i) are several, and no Deposit Lender shall be responsible for any other Lender’s failure to make its Deposit as so required.
(ii) On any date prior to the Deposit Maturity Date on which the Administrative Agent receives any payment for the account of any Deposit Lender with respect to the principal amount of any of its Deposit Loans, subject to clause (iv) below, the Administrative Agent shall deposit such amount in the Deposit Account and credit such amount to the Deposit Sub-Account of such Lender.
(iii) On any date prior to the Deposit Maturity Date on which the Administrative Agent or the Deposit Issuing Bank Lender receives any reimbursement payment from any Borrower in respect of an LC Disbursement with respect to which amounts were withdrawn from the Deposit Account to reimburse the Deposit Issuing BankLender, subject to clause (iv) below, the Administrative Agent shall deposit such reimbursement payment in the Deposit Account, and credit to the Deposit Sub-Account of each of the Deposit Lenders, such Deposit Lender’s Deposit Percentage of such reimbursement payment, in accordance with Section 2.04(e2.02(f).
(iviii) If at any time when any amount would otherwise be required to be deposited in the Deposit Account under clause (ii) or (iii) above the sum of such amount and the aggregate amount of the Deposits at such time would exceed (x) the aggregate amount of the Deposit Commitments minus (y) the aggregate principal amount of all outstanding Deposit Loans, then such excess shall not be deposited in the Deposit Account and the Administrative Agent shall instead pay to each Deposit Lender its Deposit Percentage of such excess.
(viv) Concurrently with the effectiveness of any assignment by any Lender of all or any portion of its Deposit Commitment, the Administrative Agent shall transfer into the Deposit Sub-Account of the assignee the corresponding portion of the amount on deposit in the assignor’s Deposit Sub-Account in accordance with Section 10.04(b)10.03.
Appears in 1 contract
Samples: First Lien Term Loan and Guaranty Agreement (Tower Automotive, LLC)
Deposits in Deposit Account. The following amounts will be deposited in the Deposit Account at the following times:
(i) On the Effective Date, each Deposit DF Lender shall deposit in the Deposit Account an amount in dollars equal to such DF Lender’s Deposit DF Commitment. Thereafter, the Deposits shall be available, on the terms and subject to the conditions set forth herein, (A) to fund Deposit DF Loans by such DF Lender pursuant to Section 2.01(b2.02(a) and (B) for application pursuant to Section 2.04(e) to reimburse such Lender’s Deposit DF Applicable Percentage of DF LC Disbursements in respect of Deposit Letters of Credit that are not reimbursed by the applicable Borrower. The obligations of the Deposit DF Lenders to make the Deposits deposits required by this clause (i) are several, and no Deposit DF Lender shall be responsible for any other DF Lender’s failure to make its Deposit deposit as so required.
(ii) On any date prior to the Deposit Maturity Commitment Termination Date on which the Administrative Agent receives any payment for the account of any Deposit DF Lender with respect to the principal amount of any of its Deposit DF Loans, subject to clause (iv) below, the Administrative Agent shall deposit such amount in the Deposit Account and credit such amount to the Deposit Sub-Account of such DF Lender.
(iii) On any date prior to the Deposit Maturity Commitment Termination Date on which the Administrative Agent or the Deposit any Issuing Bank receives any reimbursement payment from any the Borrower in respect of an a DF LC Disbursement with respect to which amounts were withdrawn from the Deposit Account to reimburse the Deposit any Issuing Bank, subject to clause (iv) below, the Administrative Agent shall deposit such reimbursement payment in the Deposit Account, and credit to the Deposit Sub-Account of each Accounts of the Deposit DF Lenders, such Deposit Lender’s Deposit Percentage the portion of such reimbursement paymentpayment to be deposited therein, in accordance with Section 2.04(e).
(iv) If at any time when any amount would otherwise be is required to be deposited in the Deposit Account under clause (ii) or (iii) above the sum of such amount and the aggregate amount of the Deposits at such time would exceed (x) the aggregate amount of the Deposit Commitments DF Total Commitment minus (y) the aggregate principal amount of all the outstanding Deposit DF Loans, then such excess shall not be deposited in the Deposit Account and the Administrative Agent shall instead pay to each Deposit DF Lender its Deposit DF Applicable Percentage of such excess.
(v) Concurrently with the effectiveness of any assignment by any DF Lender of all or any portion of its Deposit DF Commitment, the Administrative Agent shall transfer into the Deposit Sub-Account of the assignee the corresponding portion of the amount on deposit in the assignor’s Deposit Sub-Account in accordance with Section 10.04(b9.04(b)(ii)(E).
Appears in 1 contract
Samples: First Lien Credit Agreement (Goodyear Tire & Rubber Co /Oh/)