Common use of Mandatory Prepayment; Commitment Termination; Cash Collateral Clause in Contracts

Mandatory Prepayment; Commitment Termination; Cash Collateral. (a) If at any time from and after the entry of the Final Order the aggregate principal amount of the outstanding Loans plus the aggregate Letter of Credit Outstandings exceeds the lesser of (x) the Total Commitment and (y) the sum of the Borrowing Base PLUS cash deposited in the Letter of Credit Account pursuant to this Section, the Borrower will within three Business days (i) prepay the Loans in an amount necessary to cause the aggregate principal amount of the outstanding Loans PLUS the aggregate Letter of Credit Outstandings in excess of the amount of cash so held in the Letter of Credit Account to be equal to or less than the Total Commitment and/or the Borrowing Base, as the case may be, and (ii) if, after giving effect to the prepayment in full of the Loans, the aggregate Letter of Credit Outstandings in excess of the amount of cash so held in the Letter of Credit Account exceeds the Total Commitment and/or the Borrowing Base, as the case may be, deposit into the Letter of Credit Account an amount equal to 105% of the amount by which the aggregate Letter of Credit Outstandings in excess of the amount of cash so held in the Letter of Credit Account so exceeds the Total Commitment or Borrowing Base, as the case may be;

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Brunos Inc)

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Mandatory Prepayment; Commitment Termination; Cash Collateral. (a) If at any time from and after the entry of the Final Order the aggregate principal amount of the outstanding Loans plus the aggregate Letter of Credit Outstandings exceeds the lesser of (x) the Total ---- Commitment and (y) on or after the sum date as of which a Borrowing Base Certificate is required to be delivered to the Agent, the Borrowing Base PLUS cash deposited in the Letter of Credit Account pursuant to this SectionBase, the Borrower will within three one Business days Day (i) prepay the Loans in an amount necessary to cause the aggregate principal amount of the outstanding Loans PLUS plus the aggregate Letter of ---- Credit Outstandings in excess of the amount of cash so held in the Letter of Credit Account to be equal to or less than the Total Commitment and/or the Borrowing Base, as the case may be, and (ii) if, after giving effect to the prepayment in full of the Loans, the aggregate undrawn amount of outstanding Letter of Credit Outstandings in excess of the amount of cash so held in the Letter of Credit Account exceeds the Total Commitment and/or the Borrowing Base, as the case may be, deposit into the Letter of Credit Account an amount equal to 105% of the amount by which the aggregate Letter of Credit Outstandings in excess of the amount of cash so held in the Letter of Credit Account so exceeds the Total Commitment or Borrowing Base, as the case may be;.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Galey & Lord Inc)

Mandatory Prepayment; Commitment Termination; Cash Collateral. (a) If at any time from and after the entry of the Final Order the aggregate principal amount of the outstanding Loans plus the aggregate undrawn amount of outstanding Letter of Credit Outstandings exceeds the lesser of (x) the Total Commitment and (y) the sum of the Borrowing Base PLUS cash deposited in the Letter of Credit Account pursuant to this SectionBase, the Borrower will within three Business days Days (i) prepay the Loans in an amount necessary to cause the aggregate principal amount of the outstanding Loans PLUS plus the aggregate Letter of Credit Outstandings in excess of the amount of cash so held in the Letter of Credit Account to be equal ---- to or less than the Total Commitment and/or the Borrowing Base, as the case may be, and (ii) if, after giving effect to the prepayment in full of the Loans, the aggregate undrawn amount of outstanding Letter of Credit Outstandings in excess of the amount of cash so held in the Letter of Credit Account exceeds the Total Commitment and/or the Borrowing Base, as the case may be, deposit into the Letter of Credit Account an amount equal to 105% of the amount by which the aggregate Letter of Credit Outstandings in excess of the amount of cash so held in the Letter of Credit Account so exceeds the Total Commitment or Borrowing Base, as the case may be;. Upon the Termination Date, the Total Commitment shall be terminated in full and the Borrower shall pay the Loans in full and, except as the Agent may otherwise agree in writing, if any Letter of Credit remains outstanding, deposit into the Letter of Credit Account an amount equal to 105% of the amount by which the sum of the aggregate Letter of Credit Outstandings exceeds the amount of cash held in the Letter of Credit Account, such cash to be remitted to the Borrower upon the expiration, cancellation, satisfaction or other termination of such reimbursement obligations, or otherwise comply with Section 2.03(b).

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Armstrong World Industries Inc)

Mandatory Prepayment; Commitment Termination; Cash Collateral. (a) If at any time from and after the entry of the Final Order the aggregate principal amount of the outstanding Loans plus the aggregate Letter of Credit Outstandings exceeds the lesser of (x) the Total Commitment and (y) the sum of the Borrowing Base PLUS cash deposited in the Letter of Credit Account pursuant to this SectionBase, the Borrower will within three two Business days Days (i) prepay the Loans in an amount necessary to cause the aggregate principal amount of the outstanding Loans PLUS the aggregate Letter of Credit Outstandings in excess of the amount of cash so held in the Letter of Credit Account to be equal to or less than the Total Commitment and/or the Borrowing Base, as the case may be, and (ii) if, after giving effect to the prepayment in full of the Loans, the aggregate Letter of Credit Outstandings in excess of the amount of cash so held in the Letter of Credit Account exceeds the Total Commitment and/or the Borrowing Base, as the case may be, deposit into the Letter of Credit Account an amount equal to 105% of the amount by which the aggregate Letter of Credit Outstandings in excess of the amount of cash so held in the Letter of Credit Account so exceeds the Total Commitment or Borrowing Base, as the case may be;be (and the Agent shall be authorized to debit any account of the Borrower or the Guarantors in an amount equal to the amount of such prepayment or cash collateralization), PROVIDED, HOWEVER, any prepayment pursuant to this subsection (a) shall not result in a reduction of the Total Commitment.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (LTV Corp)

Mandatory Prepayment; Commitment Termination; Cash Collateral. (a) If at any time from and after the entry of the Final Order the aggregate principal amount of the outstanding Loans plus the aggregate Letter of Credit Outstandings exceeds the lesser least of (x) the Total Commitment and Commitment, (y) the sum of the Borrowing Base PLUS cash deposited in and (z) the Letter of Credit Account pursuant to this SectionMaximum Outstanding Amount, the Borrower will within three Business days Days (i) prepay the Loans in an amount necessary to cause the aggregate principal amount of the outstanding Loans PLUS plus the aggregate Letter of Credit Outstandings in excess of the amount of cash so held in the Letter of Credit Account to be equal to or less than the Total Commitment Commitment, the Borrowing Base and/or the Borrowing BaseMaximum Outstanding Amount, as the case may be, and (ii) if, after giving effect to the prepayment in full of the Loans, the aggregate undrawn amount of outstanding Letter of Credit Outstandings in excess of the amount of cash so held in the Letter of Credit Account exceeds the Total Commitment Commitment, the Borrowing Base and/or the Borrowing BaseMaximum Outstanding Amount, as the case may be, deposit into the Letter of Credit Account an amount equal to 105% of the amount by which the aggregate Letter of Credit Outstandings in excess of the amount of cash so held in the Letter of Credit Account so exceeds the Total Commitment Commitment, the Borrowing Base or Borrowing Basethe Maximum Outstanding Amount, as the case may be;.

Appears in 1 contract

Samples: Guaranty and Security Agreement (Acterna Corp)

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Mandatory Prepayment; Commitment Termination; Cash Collateral. (a) If at any time from and after the entry of the Final Order the aggregate principal amount of the outstanding Tranche A Loans plus the aggregate Letter of Credit Outstandings exceeds the lesser of (x) the Total Tranche A Commitment and (y) the sum of the Borrowing Base PLUS cash deposited in minus the Letter of Credit Account pursuant to this SectionTranche B Obligations, the Borrower will within three Business days Days (i) prepay the Tranche A Loans in an amount necessary to cause the aggregate principal amount of the outstanding Tranche A Loans PLUS plus the aggregate Letter of Credit Outstandings in excess of the amount of cash so held in the Letter of Credit Account to be equal to or less than the Total Tranche A Commitment and/or the Borrowing BaseBase minus the Tranche B Obligations, as the case may be, and (ii) if, after giving effect to the prepayment in full of the Tranche A Loans, the aggregate undrawn amount of outstanding Letter of Credit Outstandings in excess of the amount of cash so held in the Letter of Credit Account exceeds the Total Tranche A Commitment and/or the Borrowing BaseBase minus the Tranche B Obligations, as the case may be, deposit into the Letter of Credit Account an amount equal to 105% of the amount by which the aggregate Letter of Credit Outstandings in excess of the amount of cash so held in the Letter of Credit Account so exceeds the Total Tranche A Commitment or Borrowing BaseBase minus the Tranche B Obligations, as the case may be;.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Danielson Holding Corp)

Mandatory Prepayment; Commitment Termination; Cash Collateral. (a) If at any time from and after the entry of the Final Order the aggregate principal amount of the outstanding Loans plus the aggregate Letter of Credit Outstandings exceeds the lesser of (x) the Total Commitment and (y) on or after the sum date as of which a Borrowing Base Certificate is required to be delivered to the Agent, the Borrowing Base PLUS cash deposited in the Letter of Credit Account pursuant to this SectionBase, the Borrower will within three Business days Days (i) prepay the Loans in an amount necessary to cause the aggregate principal amount of the outstanding Loans PLUS plus the aggregate Letter of Credit Outstandings in excess of the amount of cash so held in the Letter of Credit Account to be equal to or less than the Total Commitment and/or the Borrowing Base, as the case may be, and (ii) if, after giving effect to the prepayment in full of the Loans, the aggregate undrawn amount of outstanding Letter of Credit Outstandings in excess of the amount of cash so held in the Letter of Credit Account exceeds the Total Commitment and/or the Borrowing Base, as the case may be, deposit into the Letter of Credit Account an amount equal to 105% of the amount by which the aggregate Letter of Credit Outstandings in excess of the amount of cash so held in the Letter of Credit Account so exceeds the Total Commitment or Borrowing Base, as the case may be;.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Guilford Mills Inc)

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