Common use of LC Collateral Account Clause in Contracts

LC Collateral Account. The Borrower agrees that it will establish on the Facility Termination Date (or on such earlier date as may be required pursuant to Section 8.1), and thereafter maintain so long as any Letter of Credit Obligation remains outstanding or any other amount is payable to any Issuer or the Lenders in respect of any Letter of Credit, a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the “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 Lenders, 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 Lenders 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 LC Collateral Account, to secure the prompt and complete payment and performance of the Obligations. The Administrative Agent will invest any funds on deposit from time to time in the LC Collateral Account in certificates of deposit of JPMCB having a maturity not exceeding 30 days. If funds are deposited in the LC Collateral Account pursuant to Section 2.1.4 and the provisions of Section 8.1 are not applicable, then the Administrative Agent shall release from the LC Collateral Account to the Borrower, upon the request of the Borrower, an amount equal to the excess (if any) of all funds in the LC Collateral Account over the Letter of Credit Obligations.

Appears in 4 contracts

Samples: Credit Agreement (Madison Gas & Electric Co), Credit Agreement (Madison Gas & Electric Co), Credit Agreement (Madison Gas & Electric Co)

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LC Collateral Account. The Each Borrower agrees that it will establish on the Facility Termination Date (or on such earlier date as may be required pursuant to Section 8.1), and thereafter maintain so long as any Letter of Credit Obligation remains issued for the account of such Borrower is outstanding or any other amount is payable to any Issuer or the Lenders in respect of any such Letter of Credit, a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the each an “LC Collateral Account”) at the Administrative Agent’s office at the address specified pursuant to Article XIII, in the name of the such Borrower but under the sole dominion and control of the Administrative Agent, for the benefit of the Lenders, and in which the such Borrower shall have no interest other than as set forth in Section 8.1. The Each Borrower hereby pledges, assigns and grants to the Administrative Agent, on behalf of and for the ratable benefit of the Lenders and the Issuers, a security interest in all of the such Borrower’s right, title and interest in and to all funds which may from time to time be on deposit in the applicable LC Collateral Account, to secure the prompt and complete payment and performance of the ObligationsObligations of such Borrower. The Administrative Agent will invest any funds on deposit from time to time in the any LC Collateral Account in certificates of deposit of JPMCB having a maturity not exceeding 30 days. If funds are deposited in the an LC Collateral Account pursuant to Section 2.1.4 2.7.3 and the provisions of Section 8.1 are not applicable, then the Administrative Agent shall release from the LC Collateral Account to the applicable Borrower, upon the request expiration or termination of, or any reduction in the amount available under, any applicable Letter of the BorrowerCredit, an amount equal to the excess (if any) of all funds in the such LC Collateral Account over the Letter of Credit ObligationsObligations of such Borrower.

Appears in 4 contracts

Samples: Assignment and Assumption (Bemis Co Inc), Credit Agreement (Bemis Co Inc), Assignment and Assumption (Bemis Co Inc)

LC Collateral Account. The Borrower agrees that it will establish on the Facility Termination Date (or on such earlier date as may be required pursuant to Section 8.1), and thereafter maintain so long as any Letter of Credit Obligation remains is outstanding or any other amount is payable to any the Issuer or the Lenders in respect of any Letter of Credit, a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the "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 Lenders, 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 Lenders and the IssuersIssuer, 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 LC Collateral Account, to secure the prompt and complete payment and performance of the Obligations. The Administrative Agent will invest any funds on deposit from time to time in the LC Collateral Account in certificates of deposit of JPMCB Bank One having a maturity not exceeding 30 days. If funds are deposited in the LC Collateral Account pursuant to Section 2.1.4 2.2(b) and the provisions of Section 8.1 are not applicable, then the Administrative Agent shall release from the LC Collateral Account to the Borrower, upon the request expiration or termination of, or any reduction in the amount available under, any Letter of the BorrowerCredit, an amount equal to the excess (if any) of all funds in the LC Collateral Account over the Letter of Credit Obligations.

Appears in 4 contracts

Samples: Credit Agreement (Kansas City Power & Light Co), Credit Agreement (Great Plains Energy Inc), Day Credit Agreement (Kansas City Power & Light Co)

LC Collateral Account. The Borrower agrees that it will establish on the Facility Termination Date (or on such earlier date as may be required pursuant to Section 8.1), and thereafter maintain so long as any Letter of Credit Obligation remains outstanding or any other amount is payable to any Issuer or the Lenders in respect of any Letter of Credit, a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the “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 Lenders, 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 Lenders 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 LC Collateral Account, to secure the prompt and complete payment and performance of the Obligations. The Administrative Agent will invest any funds on deposit from time to time in the LC Collateral Account in certificates of deposit of JPMCB the Administrative Agent having a maturity not exceeding 30 days. If funds are deposited in the LC Collateral Account pursuant to Section 2.1.4 and the provisions of Section 8.1 are not applicable, then the Administrative Agent shall release from the LC Collateral Account to the Borrower, upon the request of the Borrower, an amount equal to the excess (if any) of all funds in the LC Collateral Account over the Letter of Credit Obligations.

Appears in 4 contracts

Samples: Credit Agreement (Madison Gas & Electric Co), Credit Agreement (Madison Gas & Electric Co), Credit Agreement (Madison Gas & Electric Co)

LC Collateral Account. The Borrower agrees that it will establish on the Facility Termination Date (or on such earlier date as may be required pursuant to Section 8.1), and thereafter maintain so long as any Letter of Credit Obligation remains outstanding or any other amount is payable to any Issuer or the Lenders in respect of any Letter of Credit, a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the "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 Lenders, 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 Lenders and the 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 LC Collateral Account, to secure the prompt and complete payment and performance of the Obligations. The Administrative Agent will invest any funds on deposit from time to time in the LC Collateral Account in certificates of deposit of JPMCB JPMorgan having a maturity not exceeding 30 days. If funds are deposited in the LC Collateral Account pursuant to Section 2.1.4 2.2(b) and the provisions of Section 8.1 are not applicable, then the Administrative Agent shall release from the LC Collateral Account to the Borrower, upon the request of the Borrower, an amount equal to the excess (if any) of all funds in the LC Collateral Account over the Letter of Credit Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Kansas City Power & Light Co), Credit Agreement (Kansas City Power & Light Co)

LC Collateral Account. The Borrower Company agrees that it will establish on the Facility Termination Date (or on such earlier date as may be required pursuant to Section 8.18.02), and thereafter maintain so long as any Letter of Credit Obligation remains is outstanding or any other amount is payable to any Issuer or the Lenders Banks in respect of any Letter of Credit, a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the “LC Collateral Account”) at the Administrative Agent’s office at the address specified pursuant to Article XIIISection 10.02, in the name of the Borrower Company but under the sole dominion and control of the Administrative Agent, for the benefit of the LendersBanks, and in which the Borrower Company shall have no interest other than as set forth in Section 8.18.02. The Borrower Company hereby pledges, assigns and grants to the Administrative Agent, on behalf of and for the ratable benefit of the Lenders Banks and the Issuers, a security interest in all of the BorrowerCompany’s right, title and interest in and to all funds which may from time to time be on deposit in the LC Collateral Account, to secure the prompt and complete payment and performance of the Obligations. The Administrative Agent will invest any funds on deposit from time to time in the LC Collateral Account in certificates of deposit of JPMCB U.S. Bank having a maturity not exceeding 30 days. If funds are deposited in the LC Collateral Account pursuant to this Section 2.1.4 2.16(k) and the provisions of Section 8.1 8.02 are not applicable, then the Administrative Agent shall release from the LC Collateral Account to the BorrowerCompany, upon the request expiration or termination of, or any reduction in the amount available under, any Letter of the BorrowerCredit, an amount equal to the excess (if any) of all funds in the LC Collateral Account over the Letter of Credit Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Mdu Resources Group Inc), Credit Agreement (Mdu Resources Group Inc)

LC Collateral Account. The Each Borrower agrees that it will establish on the Facility Termination Date (or on such earlier date as may be required pursuant to Section 8.1), and thereafter maintain so long as any Letter of Credit Obligation remains issued for the account of such Borrower is outstanding or any other amount is payable to any Issuer or the Lenders in respect of any such Letter of Credit, a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the each an “LC Collateral Account”) at the Administrative Agent’s office at the address specified pursuant to Article XIII, in the name of the such Borrower but under the sole dominion and control of the Administrative Agent, for the benefit of the Lenders, and in which the such Borrower shall have no interest other than as set forth in Section 8.1. The Each Borrower hereby pledges, assigns and grants to the Administrative Agent, on behalf of and for the ratable benefit of the Lenders and the Issuers, a security interest in all of the such Borrower’s right, title and interest in and to all funds which may from time to time be on deposit in the applicable LC Collateral Account, to secure the prompt and complete payment and performance of the ObligationsObligations of such Borrower. The Administrative Agent will invest any funds on deposit from time to time in the any LC Collateral Account in certificates of deposit of JPMCB having a maturity not exceeding 30 days. If funds are deposited in the an LC Collateral Account pursuant to Section 2.1.4 2.7.3 or 2.7.4 and the provisions of Section 8.1 are not applicable, then the Administrative Agent shall release from the LC Collateral Account to the applicable Borrower, upon the request expiration or termination of, or any reduction in the amount available under, any applicable Letter of the BorrowerCredit, an amount equal to the excess (if any) of all funds in the such LC Collateral Account over the Letter of Credit ObligationsLC Exposure with respect to such Borrower.

Appears in 2 contracts

Samples: Credit Agreement (Bemis Co Inc), Credit Agreement (Bemis Co Inc)

LC Collateral Account. The Borrower agrees that it will establish on the Facility Termination Date (or on such earlier date as may be required pursuant to Section 8.1), and thereafter maintain so long as any Letter of Credit Obligation remains outstanding or any other amount is payable to any Issuer or the Lenders in respect of any Letter of Credit, a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the “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 Lenders, 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 Lenders 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 LC Collateral Account, to secure the prompt and complete payment and performance of the Obligations. The Administrative Agent will invest any funds on deposit from time to time in the LC Collateral Account in certificates of deposit of JPMCB JPMorgan having a maturity not exceeding 30 days. If funds are deposited in the LC Collateral Account pursuant to Section 2.1.4 2.1.5 and the provisions of Section 8.1 are not applicable, then the Administrative Agent shall release from the LC Collateral Account to the Borrower, upon the request of the Borrower, an amount equal to the excess (if any) of all funds in the LC Collateral Account over the Letter of Credit Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Mge Energy Inc), Credit Agreement (Madison Gas & Electric Co)

LC Collateral Account. The Borrower agrees that it will establish on the Facility Termination Date (or on such earlier date as may be required pursuant to Section 8.1), and thereafter maintain so long as any Letter of Credit Obligation remains outstanding or any other amount is payable to any Issuer or the Lenders in respect of any Letter of Credit, a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the “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 Lenders, 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 Lenders 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 LC Collateral Account, to secure the prompt and complete payment and performance of the Obligations. The Administrative Agent will invest any funds on deposit from time to time in the LC Collateral Account in certificates of deposit of JPMCB Bank of America having a maturity not exceeding 30 days. If funds are deposited in the LC Collateral Account pursuant to Section 2.1.4 2.2(b) and the provisions of Section 8.1 are not applicable, then the Administrative Agent shall release from the LC Collateral Account to the Borrower, upon the request of the Borrower, an amount equal to the excess (if any) of all funds in the LC Collateral Account over the Letter of Credit Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Great Plains Energy Inc), Credit Agreement (Great Plains Energy Inc)

LC Collateral Account. The Each Borrower agrees that it will establish on the Revolving Facility Termination Date (or on such earlier date as may be required pursuant to Section 8.1), and thereafter maintain so long as any Letter of Credit Obligation remains issued for the account of such Borrower is outstanding or any other amount is payable to any Issuer or the Revolving Lenders in respect of any such Letter of Credit, a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the each an “LC Collateral Account”) at the Administrative Agent’s office at the address specified pursuant to Article XIII, in the name of the such Borrower but under the sole dominion and control of the Administrative Agent, for the benefit of the Revolving Lenders, and in which the such Borrower shall have no interest other than as set forth in Section 8.1. The Each Borrower hereby pledges, assigns and grants to the Administrative Agent, on behalf of and for the ratable benefit of the Revolving Lenders and the Issuers, a security interest in all of the such Borrower’s right, title and interest in and to all funds which may from time to time be on deposit in the applicable LC Collateral Account, to secure the prompt and complete payment and performance of the ObligationsObligations of such Borrower. The Administrative Agent will invest any funds on deposit from time to time in the any LC Collateral Account in certificates of deposit of JPMCB having a maturity not exceeding 30 days. If funds are deposited in the an LC Collateral Account pursuant to Section 2.1.4 2.7.3 or 2.7.4 and the provisions of Section 8.1 are not applicable, then the Administrative Agent shall release from the LC Collateral Account to the applicable Borrower, upon the request expiration or termination of, or any reduction in the amount available under, any applicable Letter of the BorrowerCredit, an amount equal to the excess (if any) of all funds in the such LC Collateral Account over the Letter of Credit ObligationsLC Exposure with respect to such Borrower.

Appears in 1 contract

Samples: Credit Agreement (Bemis Co Inc)

LC Collateral Account. The Borrower agrees that that, if any Letter of Credit is outstanding on the Termination Date, it will establish on the Facility Termination Date such date (or on such earlier date as may be required pursuant to Section 8.1), and thereafter maintain so long as any Letter of Credit Obligation remains is outstanding or any other amount is payable to any the Issuer or the Lenders in respect of any Letter of Credit, a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the “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 Lenders, 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 Lenders and the IssuersIssuer, 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 LC Collateral Account, to secure the prompt and complete payment and performance of the Obligations. US 719308 The Administrative Agent will invest any funds on deposit from time to time in the LC Collateral Account in certificates of deposit of JPMCB JPMorgan having a maturity not exceeding 30 days. If funds are deposited The Administrative Agent agrees that when all Obligations have been paid in the LC Collateral Account pursuant to Section 2.1.4 full and the provisions all Letters of Section 8.1 are not applicableCredit have expired or been terminated, then the Administrative Agent shall release from will deliver all remaining funds in the LC Collateral Account to the BorrowerBorrower (or such other Person as is entitled thereto under applicable law). If the Administrative Agent determines that any Person other than the Borrower is entitled to such remaining funds, upon the request Administrative Agent shall use reasonable efforts to give the Borrower notice of such determination in advance of delivering such funds to any other Person, but the Borrower, an amount equal Administrative Agent shall have no liability for the failure to the excess (if any) of all funds in the LC Collateral Account over the Letter of Credit Obligationsdeliver such notice.

Appears in 1 contract

Samples: Credit Agreement (Southwestern Energy Co)

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LC Collateral Account. The Borrower agrees that that, if any Letter of Credit is outstanding on the Termination Date, it will establish on the Facility Termination Date such date (or on such earlier date as may be required pursuant to Section 8.1), and thereafter maintain so long as any Letter of Credit Obligation remains is outstanding or any other amount is payable to any the Issuer or the Lenders in respect of any Letter of Credit, a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the "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 Lenders, 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 Lenders and the IssuersIssuer, 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 LC Collateral Account, to secure the prompt and complete payment and performance of the Obligations. The Administrative Agent will invest any funds on deposit from time to time in the LC Collateral Account in certificates of deposit of JPMCB Bank One having a maturity not exceeding 30 days. If funds are deposited The Administrative Agent agrees that when all Obligations have been paid in the LC Collateral Account pursuant to Section 2.1.4 full and the provisions all Letters of Section 8.1 are not applicableCredit have expired or been terminated, then the Administrative Agent shall release from will deliver all remaining funds in the LC Collateral Account to the BorrowerBorrower (or such other Person as is entitled thereto under applicable law). If the Administrative Agent determines that any Person other than the Borrower is entitled to such remaining funds, upon the request Administrative Agent shall use reasonable efforts to give the Borrower notice of such determination in advance of delivering such funds to any other Person, but the Borrower, an amount equal Administrative Agent shall have no liability for the failure to the excess (if any) of all funds in the LC Collateral Account over the Letter of Credit Obligationsdeliver such notice.

Appears in 1 contract

Samples: Assignment Agreement (Southwestern Energy Co)

LC Collateral Account. The Each Borrower agrees that it will establish on the Revolving Facility Termination Date (or on such earlier date as may be required pursuant to Section 8.1), and thereafter maintain so long as any Letter of Credit Obligation remains issued for the account of such Borrower is outstanding or any other amount is payable to any Issuer or the Revolving Lenders in respect of any such Letter of Credit, a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the each an “LC Collateral Account”) at the Administrative Agent’s office at the address specified pursuant to Article XIII, in the name of the such Borrower but under the sole dominion and control of the Administrative Agent, for the benefit of the Revolving Lenders, and in which the such Borrower shall have no interest other than as set forth in Section 8.1Section8.1. The Each Borrower hereby pledges, assigns and grants to the Administrative Agent, on behalf of and for the ratable benefit of the Revolving Lenders and the Issuers, a security interest in all of the such Borrower’s right, title and interest in and to all funds which may from time to time be on deposit in the applicable LC Collateral Account, to secure the prompt and complete payment and performance of the ObligationsObligations of such Borrower. The Administrative Agent will invest any funds on deposit from time to time in the any LC Collateral Account in certificates of deposit of JPMCB having a maturity not exceeding 30 days. If funds are deposited in the an LC Collateral Account pursuant to Section 2.1.4 2.7.3 or 2.7.4 and the provisions of Section 8.1 are not applicable, then the Administrative Agent shall release from the LC Collateral Account to the applicable Borrower, upon the request expiration or termination of, or any reduction in the amount available under, any applicable Letter of the BorrowerCredit, an amount equal to the excess (if any) of all funds in the such LC Collateral Account over the Letter of Credit ObligationsLC Exposure with respect to such Borrower.

Appears in 1 contract

Samples: Credit Agreement (Bemis Co Inc)

LC Collateral Account. The Borrower agrees that it will establish on the Facility Termination Date (or on such earlier date as may be required pursuant to Section 8.19.1), and thereafter maintain so long as any Letter of Credit Obligation remains outstanding or any other amount is payable to any Issuer or the Lenders in respect of any Letter of Credit, a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the “LC Collateral Account”) at the Administrative Agent’s office at the address specified pursuant to Article XIIIXIV, in the name of the Borrower but under the sole dominion and control of the Administrative Agent, for the benefit of the Lenders, and in which the Borrower shall have no interest other than as set forth in Section 8.19.1. The Borrower hereby pledges, assigns and grants to the Administrative Agent, on behalf of and for the ratable benefit of the Lenders 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 LC Collateral Account, to secure the prompt and complete payment and performance of the Obligations. The Administrative Agent will invest any funds on deposit from time to time in the LC Collateral Account in certificates of deposit of JPMCB Bank of America having a maturity not exceeding 30 days. If funds are deposited in the LC Collateral Account pursuant to Section 2.1.4 2.2(b) and the provisions of Section 8.1 9.1 are not applicable, then the Administrative Agent shall release from the LC Collateral Account to the Borrower, upon the request of the Borrower, an amount equal to the excess (if any) of all funds in the LC Collateral Account over the Letter of Credit Obligations.

Appears in 1 contract

Samples: Credit Agreement (Great Plains Energy Inc)

LC Collateral Account. The Borrower agrees that that, if any Letter of Credit is outstanding on the Termination Date, it will establish on the Facility Termination Date such date (or on such earlier date as 3099077v.3 may be required pursuant to Section 8.1), and thereafter maintain so long as any Letter of Credit Obligation remains is outstanding or any other amount is payable to any the Issuer or the Lenders in respect of any Letter of Credit, a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the “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 Lenders, 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 Lenders and the IssuersIssuer, 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 LC Collateral Account, to secure the prompt and complete payment and performance of the Obligations. The Administrative Agent will invest any funds on deposit from time to time in the LC Collateral Account in certificates of deposit of JPMCB JPMorgan having a maturity not exceeding 30 days. If funds are deposited The Administrative Agent agrees that when all Obligations have been paid in the LC Collateral Account pursuant to Section 2.1.4 full and the provisions all Letters of Section 8.1 are not applicableCredit have expired or been terminated, then the Administrative Agent shall release from will deliver all remaining funds in the LC Collateral Account to the BorrowerBorrower (or such other Person as is entitled thereto under applicable law). If the Administrative Agent determines that any Person other than the Borrower is entitled to such remaining funds, upon the request Administrative Agent shall use reasonable efforts to give the Borrower notice of such determination in advance of delivering such funds to any other Person, but the Borrower, an amount equal Administrative Agent shall have no liability for the failure to the excess (if any) of all funds in the LC Collateral Account over the Letter of Credit Obligationsdeliver such notice.

Appears in 1 contract

Samples: Credit Agreement (Southwestern Energy Co)

LC Collateral Account. The Each Borrower agrees that it will establish on the Facility Termination Date (or on such earlier date as may be required pursuant to Section 8.1), and thereafter maintain so long as any Letter of Credit Obligation remains issued for the account of such Borrower is outstanding or any other amount is payable to any Issuer or the Lenders in respect of any such Letter of Credit, a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the each an “LC Collateral Account”) at the Administrative Agent’s office at the address specified pursuant to Article XIII, in the name of the such Borrower but under the sole dominion and control of the Administrative Agent, for the benefit of the Lenders, and in which the such Borrower shall have no interest other than as set forth in Section 8.1. The Each Borrower hereby pledges, assigns and grants to the Administrative Agent, on behalf of and for the ratable benefit of the Lenders and the Issuers, a security interest in all of the such Borrower’s right, title and interest in and to all funds which may from time to time be on deposit in the applicable LC Collateral Account, to secure the prompt and complete payment and performance of the ObligationsObligations of such Borrower. The Administrative Agent will invest any funds on deposit from time to time in the any LC Collateral Account in certificates of deposit of JPMCB Bank One having a maturity not exceeding 30 days. If funds are deposited in the an LC Collateral Account pursuant to Section 2.1.4 2.7.3 and the provisions of Section 8.1 are not applicable, then the Administrative Agent shall release from the LC Collateral Account to the applicable Borrower, upon the request expiration or termination of, or any reduction in the amount available under, any applicable Letter of the BorrowerCredit, an amount equal to the excess (if any) of all funds in the such LC Collateral Account over the Letter of Credit ObligationsObligations of such Borrower.

Appears in 1 contract

Samples: Credit Agreement (Bemis Co Inc)

LC Collateral Account. The Borrower agrees that that, if any Letter of Credit is outstanding on the Termination Date, it will establish on the Facility Termination Date such date (or on such earlier date as may be required pursuant to Section 8.1), and thereafter maintain so long as any Letter of Credit Obligation remains is outstanding or any other amount is payable to any the Issuer or the Lenders in respect of any Letter of Credit, a special collateral account pursuant to arrangements satisfactory to the Administrative Agent (the "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 Lenders, 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 Lenders and the IssuersIssuer, 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 LC Collateral Account, to secure the prompt and complete payment and performance of the Obligations. The Administrative Agent will invest any funds on deposit from time to time in the LC Collateral Account in certificates of deposit of JPMCB JPMorgan having a maturity not exceeding 30 days. If funds are deposited The Administrative Agent agrees that when all Obligations have been paid in the LC Collateral Account pursuant to Section 2.1.4 full and the provisions all Letters of Section 8.1 are not applicableCredit have expired or been terminated, then the Administrative Agent shall release from will deliver all remaining funds in the LC Collateral Account to the BorrowerBorrower (or such other Person as is entitled thereto under applicable law). If the Administrative Agent determines that any Person other than the Borrower is entitled to such remaining funds, upon the request Administrative Agent shall use reasonable efforts to give the Borrower notice of such determination in advance of delivering such funds to any other Person, but the Borrower, an amount equal Administrative Agent shall have no liability for the failure to the excess (if any) of all funds in the LC Collateral Account over the Letter of Credit Obligationsdeliver such notice.

Appears in 1 contract

Samples: Credit Agreement (Southwestern Energy Co)

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