Common use of Facility LC Collateral Account Clause in Contracts

Facility LC Collateral Account. The Borrower agrees that it will, upon the request of the Administrative Agent or the Required Lenders and until the final expiration date of any Facility LC and thereafter as long as any amount is payable to the LC Issuer or the Lenders in respect of any Facility LC, maintain a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the "Facility LC Collateral Account") at the Administrative Agent's office at the address specified pursuant to Article XIII, in the name of the Borrower but under the sole dominion and control of the Administrative Agent, for the benefit of the holders of Secured Obligations and in which the Borrower shall have no interest other than as set forth in Section 8. 1. The Borrower hereby pledges, assigns and grants to the Administrative Agent, on behalf of and for the ratable benefit of the Secured Parties, a security interest in all of the Borrower's right, title and interest in and to all funds which may from time to time be on deposit in the Facility LC Collateral Account to secure the prompt and complete payment and performance of the Obligations. The Administrative Agent will invest, any funds 1. The Borrower shall be required to deposit funds in the Facility LC Collateral Account only as required in Section 8.1.

Appears in 1 contract

Sources: Credit Agreement (Daisytek International Corporation /De/)

Facility LC Collateral Account. The Upon the occurrence and continuation of a Default or Unmatured Default, the Borrower agrees that it will, upon the request of the Administrative Agent or the Required Lenders and until the final expiration date of any Facility LC and thereafter as long as any amount is payable to the LC Issuer or the Lenders in respect of any Facility LC, maintain a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the "Facility LC Collateral Account") at the Administrative Agent's ’s office at the address specified pursuant to Article XIII, in the name of the Borrower but under the sole dominion and control of the Administrative Agent, for the benefit of the holders of Secured Obligations Lenders and in which the Borrower shall have no interest other than as set forth in Section 8. 18.1. The Borrower hereby pledges, assigns and grants to the Administrative Agent, on behalf of and for the ratable benefit of the Secured PartiesLenders and the LC Issuer, a security interest in all of the Borrower's ’s right, title and interest in and to all funds which may from time to time be on deposit in the Facility LC Collateral Account to secure the prompt and complete payment and performance of the Obligations. The Administrative Agent will invest, invest any funds 1funds on deposit from time to time in the Facility LC Collateral Account in certificates of deposit of Bank One having a maturity not exceeding 30 days. The Nothing in this Section 2.22.11 shall either obligate the Administrative Agent to require the Borrower shall be required to deposit any funds in the Facility LC Collateral Account only or limit the right of the Administrative Agent to release any funds held in the Facility LC Collateral Account, in each case other than as required in by Section 8.1.

Appears in 1 contract

Sources: Credit Agreement (SCP Pool Corp)

Facility LC Collateral Account. The Borrower agrees that it will, upon the request of the Administrative Agent or the Required Lenders and until the final expiration date of any Facility LC and thereafter as long as any amount is payable to the any LC Issuer or the Lenders in respect of any Facility LC, maintain a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the "Facility LC Collateral Account") at the Administrative Agent's office at the address specified pursuant to Article XIIISection 8.02, in the name of the Borrower but under the sole dominion and control of the Administrative Agent, for the benefit of the holders of Secured Obligations and in which the Borrower shall have no interest other than as set forth in Section 8.of 101. The Borrower hereby pledges, assigns and grants to the Administrative Agent, on behalf of and for the ratable benefit of the Secured PartiesLenders and any LC Issuer, a security interest in all of the Borrower's right, title and interest in and to all funds which may from time to time be on deposit in the Facility LC Collateral Account to secure the prompt and complete payment and performance of the Obligations. The Administrative Agent will invest, invest any funds 1funds on deposit from time to time in the Facility LC Collateral Account in certificates of deposit of the Agent having a maturity not exceeding 30 days. The Nothing in this Section 2.16(i) shall either obligate the Agent to require the Borrower shall be required to deposit any funds in the Facility LC Collateral Account only or limit the right of the Agent to release any funds held in the Facility LC Collateral Account in each case other than as required in by Section 8.16.01.

Appears in 1 contract

Sources: Credit Agreement (Dte Energy Co)

Facility LC Collateral Account. The Subsequent to the occurrence and during the continuance of a Default, or at any time the Aggregate Outstanding Credit Exposure exceeds the Borrowing Base, or at any time the Aggregate Outstanding Credit Exposure exceeds the Aggregate Revolving Loan Commitment, the Borrower agrees that it will, upon the request of the Administrative Agent or the Required Lenders and until the final expiration date of any Facility LC and thereafter as long as any amount is payable to the any LC Issuer or the Lenders in respect of any Facility LC, maintain a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the "Facility LC Collateral Account") at the Administrative Agent's office at the address specified pursuant to Article XIII, in the name of the Borrower but under the sole dominion and control of the Administrative Agent, for the benefit of the holders of Secured Obligations and in which the Borrower shall have no interest other than as set forth in Section 8.the 1. The Borrower hereby pledges, assigns and grants to the Administrative Agent, on behalf of and for the ratable benefit of the Secured PartiesLenders and the LC Issuers, a security interest in all of the Borrower's ’s right, title and interest in and to all funds which may from time to time be on deposit in the Facility LC Collateral Account to secure the prompt and complete payment and performance of the Secured Obligations. The Administrative Agent will invest, invest any funds 1funds on deposit from time to time in the Facility LC Collateral Account in certificates of deposit of JPMorgan having a maturity not exceeding 30 days. The Nothing in this Section 2.19.11 shall either obligate the Agent to require the Borrower shall be required to deposit any funds in the Facility LC Collateral Account only or limit the right of the Agent to release any funds held in the Facility LC Collateral Account in each case other than as required in by Section 8.1.

Appears in 1 contract

Sources: Credit Agreement (Tesoro Corp /New/)

Facility LC Collateral Account. The Borrower agrees that it will, upon the request of the Administrative Agent or the Required Lenders and until the final expiration date of any Facility LC and thereafter as long as any amount is payable to the LC Issuer or the Lenders in respect of any Facility LC, maintain a special collateral account pursuant to arrangements reasonably satisfactory to the Administrative Agent (the "Facility LC Collateral Account") at the Administrative Agent's office at the address specified pursuant to Article XIII”), in the name of the Borrower but under the sole dominion and control of the Administrative Agent, for the benefit of the holders of Secured Obligations and in which the Borrower shall have no interest other than as set forth in Section 8.in 1. The Borrower hereby pledges, assigns and grants to the Administrative Agent, on behalf of and for the ratable benefit of the Secured PartiesLenders and the LC Issuer, a security interest in all of the Borrower's ’s right, title and interest in and to all funds which may from time to time be on deposit in the Facility LC Collateral Account to secure the prompt and complete payment and performance of the Obligations. The Administrative Agent will invest, invest any funds 1funds on deposit from time to time in the Facility LC Collateral Account in certificates of deposit of U.S. Bank having a maturity not exceeding thirty (30) days. The Nothing in this Section 2.19(k) shall either obligate the Administrative Agent to require the Borrower shall be required to deposit any funds in the Facility LC Collateral Account only or limit the right of the Administrative Agent to release any funds held in the Facility LC Collateral Account in each case other than as required in by Section 2.22 or Section 8.1.

Appears in 1 contract

Sources: Credit Agreement (C H Robinson Worldwide Inc)

Facility LC Collateral Account. The Borrower agrees that it will, upon the request of the Administrative Agent or the Required Lenders and until the final expiration date of any Facility LC and thereafter as long as any amount is payable to the LC any Issuer or the Lenders in respect of any Facility LC, maintain a special interest bearing collateral account pursuant to arrangements satisfactory to the Administrative Agent (the "Facility LC Collateral Account") at the Administrative Agent's office at the address specified pursuant to Article XIIIIII, in the name of the Borrower but under the sole dominion and control of the Administrative Agent, for the benefit of the holders of Secured Obligations Lenders and in which the such Borrower shall have no interest other than as set forth in Section 8. 18.1. The Borrower hereby pledges, assigns and grants to the Administrative Agent, on behalf of and for the ratable benefit of the Secured PartiesLenders and the Issuers, a security interest in all of the Borrower's right, title and interest in and to all funds which may from time to time be on deposit in the Facility LC Collateral Account to secure the prompt and complete payment and performance of the Obligations. The Administrative Nothing in this Section 2.19.11 shall either obligate the Agent will invest, any funds 1. The to require the Borrower shall be required to deposit any funds in the Facility LC Collateral Account only or limit the right of the Agent to release any funds held in the Facility LC Collateral Account in each case other than as required in by Section 8.1.

Appears in 1 contract

Sources: Credit Agreement (Shaw Group Inc)

Facility LC Collateral Account. The Borrower agrees that it will, upon the request of the Administrative Agent or the Required Lenders and until the final expiration date of any Facility LC and thereafter as long as any amount is payable to the LC Issuer or the Lenders in respect of any Facility LC, maintain a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the "Facility LC Collateral Account") at the Administrative Agent's office at the address specified pursuant to Article XIII”), in the name of the Borrower but under the sole dominion and control of the Administrative Agent, for the benefit of the holders of Secured Obligations Lenders and in which the Borrower shall have no interest other than as set forth in Section 8. 18.1. Except as required under Section 8.1, the Administrative Agent may not require the Borrower to deposit any funds in the Facility LC Collateral Account unless an Event of Default has occurred and is continuing. The Borrower hereby pledges, assigns and grants to the Administrative Agent, on behalf of and for the ratable benefit of the Secured PartiesLenders and the LC Issuer, a security interest in all of the Borrower's ’s right, title and interest in and to all funds which may from time to time be on deposit in the Facility LC Collateral Account to secure the prompt and complete payment and performance of the Obligations. The Administrative Agent will invest, invest any funds 1funds on deposit from time to time in the Facility LC Collateral Account in certificates of deposit of U.S. Bank having a maturity not exceeding 30 days. The Nothing in this Section 2.20.11 shall either obligate the Administrative Agent to require the Borrower shall be required to deposit any funds in the Facility LC Collateral Account only or limit the right of the Administrative Agent to release any funds held in the Facility LC Collateral Account in each case other than as required in by Section 8.1.

Appears in 1 contract

Sources: Credit Agreement (Caribou Coffee Company, Inc.)

Facility LC Collateral Account. The Borrower agrees that it will, upon the request of the Administrative Agent or the Required Lenders and until the final expiration date of any Facility LC and thereafter as long as any amount is payable to the LC Issuer or the Lenders in respect of any Facility LC, maintain a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the "Facility LC Collateral Account") at the Administrative Agent's office at the address specified pursuant to Article XIII, in the name of the Borrower but under the sole dominion and control of the Administrative Agent, for the benefit of the holders of Secured Obligations and in which the Borrower shall have no interest other than as set forth in Section 8.13, 1. The Borrower hereby pledges, assigns and grants to the Administrative Agent, on behalf of and for the ratable benefit of the Secured PartiesLenders and the LC Issuer, a security interest in all of the Borrower's right, title and interest in and to all funds which may from time to time be on deposit in the Facility LC Collateral Account to secure the prompt and complete payment and performance of the Obligations. The Administrative Agent will invest, invest any funds 1funds on deposit from time to time in the Facility LC Collateral Account in certificates of deposit of Bank One having a maturity not exceeding thirty (30) days. The Nothing in this Section 2.19.11 shall either obligate the Administrative Agent to require the Borrower shall be required to deposit any funds in the Facility LC Collateral Account only or limit the right of the Administrative Agent to release any funds held in the Facility LC Collateral Account in each case other than as required in by Section 8.1.

Appears in 1 contract

Sources: Credit Agreement (Microchip Technology Inc)

Facility LC Collateral Account. The Each Borrower agrees that it will, upon the request of the Administrative Agent or the Required Lenders made during the existence of an Event of Default and until the final expiration earlier of (a) the date on which such Event of any Facility Default shall have been waived or cured and (b) the date on which all LC and thereafter as long as any amount is payable to the LC Issuer or the Lenders Obligations shall have been paid in respect of any Facility LCfull, maintain a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the "Facility LC Collateral Account") at the Administrative Agent's ’s office at the address specified pursuant to Article XIIISection 9.01, in the name of the such Borrower but under the sole dominion and control of the Administrative Agent, for the benefit of the holders of Secured Obligations Lenders and the LC Issuers and in which the such Borrower shall have no interest other than as set forth in Section 8. 16.03. The Each Borrower hereby pledges, assigns and grants to the Administrative Agent, on behalf of and for the ratable benefit of the Secured PartiesLenders and the LC Issuers, a security interest in all of the such Borrower's ’s right, title and interest in and to all funds which may from time to time be on deposit in the Facility LC Collateral Account (if any) to secure the prompt and complete payment and performance of the Obligations. The Administrative Agent will invest, invest any funds 1funds on deposit from time to time in the Facility LC Collateral Account (if any) in certificates of deposit of JPMCB having a maturity not exceeding 30 days. The Nothing in this Section 2.19.11 shall either obligate the Agent to require any Borrower shall be required to deposit any funds in the Facility LC Collateral Account only (if any) or limit the right of the Agent to release any funds held in the Facility LC Collateral Account (if any) in each case other than as required in by Section 8.16.03.

Appears in 1 contract

Sources: Credit Agreement (Emerson Electric Co)

Facility LC Collateral Account. The Each Borrower agrees that it will, upon the request of the Administrative Agent or the Required Lenders at any time that a Default or Unmatured Default has occurred and is continuing and until the final expiration date of any Facility LC and thereafter as long as any amount is payable to the LC Issuer or the Lenders in respect of any Facility LC, maintain a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the "Facility LC Collateral Account") at the Administrative Agent's ’s office at the address specified pursuant to Article XIIIXV, in the name of the such Borrower but under the sole dominion and control of the Administrative Agent, for the benefit of the holders of Secured Obligations Lenders and in which the such Borrower shall have no interest other than as set forth in Section 8. 110.1. The Each Borrower hereby pledges, assigns and grants to the Administrative Agent, on behalf of and for the ratable benefit of the Secured PartiesLenders and the LC Issuer, a security interest in all of the Borrower's ’s right, title and interest in and to all funds which may from time to time be on deposit in the Facility LC Collateral Account to secure the prompt and complete payment and performance of the Obligations. The Administrative Agent will invest, invest any funds 1funds on deposit from time to time in the Facility LC Collateral Account in certificates of deposit of Bank One having a maturity not exceeding 30 days. The Nothing in this Section 2.19.11 shall either obligate the Administrative Agent to require the Borrower shall be required to deposit any funds in the Facility LC Collateral Account only or limit the right of the Administrative Agent to release any funds held in the Facility LC Collateral Account in each case other than as required in by Section 8.110.1.

Appears in 1 contract

Sources: Credit Agreement (Clayton Williams Energy Inc /De)

Facility LC Collateral Account. The Borrower agrees that it Following the occurrence of any of the events described in Sections 2.18.1, 2.21 or 8.1 with respect to a requirement of a Person to post cash collateral, the Borrowers will, upon the request of the Administrative Agent or the Required Lenders and until the final expiration date of any Facility LC and thereafter as long as any amount is payable to the LC Issuer or the Lenders in respect of any Facility LC, maintain a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the "Facility LC Collateral Account") at the Administrative Agent's office at the address specified pursuant to Article XIII, in the name of the Borrower Borrowers’ Agent but under the sole dominion and control of the Administrative Agent, for the benefit of the holders of Secured Obligations and Lenders in which the Borrower Borrowers shall have no interest other than as set forth in Section 8. 18.1. The Each Borrower hereby pledges, assigns and grants to the Administrative Agent, on behalf of and for the ratable benefit of the Secured PartiesLenders and the LC Issuer, a security interest in all of the Borrower's Borrowers’ right, title and interest in and to all funds which may that are from time to time be on deposit in the Facility LC Collateral Account to secure the prompt and complete payment and performance of the Obligations. The Administrative Agent will invest, invest any funds 1funds on deposit from time to time in the Facility LC Collateral Account in certificates of deposit of U.S. Bank having a maturity not exceeding 30 days. The Borrower Nothing in this Section shall be required either obligate the Administrative Agent to require the Borrowers to deposit any funds in the Facility LC Collateral Account only or limit the right of the Administrative Agent to release any funds held in the Facility LC Collateral Account in each case other than as required in by Section 8.1.

Appears in 1 contract

Sources: Credit Agreement (Dolan Co.)