Common use of Posting Additional Collateral Clause in Contracts

Posting Additional Collateral. For the avoidance of doubt, on at least one Business Day’s notice to Calculation Agent, Borrower may post Cash or Cash Equivalents constituting Acceptable Collateral to the Collateral Accounts at any time; provided that each type of Collateral shall be posted to the Collateral Accounts on a Pro Rata Basis; provided further that such Collateral to be posted under this Section 2.06(e) at any one time shall be in a minimum amount of $5,000,000, and such posted Collateral shall not be taken into account for purposes of determining the LTV Ratio on the Business Day on which such Collateral is posted unless (i) at least one (1) Business Day’s notice to Calculation Agent have elapsed and (ii) such Collateral is deposited into the Collateral Accounts, with a SWIFT code evidencing such posting to be furnished to the Calculation Agent, prior to 2:00 p.m. on such Business Day. Borrower shall direct the Issuer or its transfer agent to deposit into, or credit to, the relevant Collateral Accounts on a Pro Rata Basis, or, in the case of any property or assets other than Cash and securities entitlements, deliver to the Custodian (subject to the Applicable Lenders’ reasonable delivery instructions) on a Pro Rata Basis, any Ordinary Dividend or Extraordinary Distribution paid or distributed on the Collateral Shares or any securities or securities entitlements (x) exchanged for, or delivered upon conversion of, the Collateral Shares in a Merger Event or otherwise or (y) delivered in respect of the Collateral Shares in connection with a Spin-off, and if any such Cash, securities, securities entitlements or other property or assets are received by Borrower or any of its Affiliates for any reason, Borrower shall, or shall cause such Affiliate to, make such deposit or delivery as promptly as practicable and in any event no later than two Business Days following such receipt (and pending such delivery, shall hold such property in trust for the Applicable Lenders), subject, in each case, to any subsequent release thereof in accordance with Section 2.06(d). Borrower shall not tender any Collateral Shares in any exchange offer (including, without limitation, a Split-off) without the consent of each Lender.

Posting Additional Collateral. For the avoidance of doubt, on at least one Business Day’s notice to Calculation Agent, Borrower may not post Cash or Cash Equivalents constituting Acceptable additional Collateral to the Collateral Accounts at any timeor provide Eligible Letters of Credit to the Applicable Lenders other than (x) following a Collateral Shortfall pursuant to Section 2.06(c), (y) additional Collateral consisting of dividends or other property paid on or delivered with respect to Shares already constituting Collateral or (z) with each Lender’s consent; provided that each type Borrower may receive contributions of Collateral shall be posted to Cash from the Fund Entities in the Collateral Accounts on a Pro Rata Basis; Basis for the purpose of paying Operating Expenses. Any Collateral posted or Eligible Letters of Credit provided further that such Collateral to be posted under this Section 2.06(e) at any one time shall be in a minimum amount contravention of $5,000,000, and such posted Collateral the immediately preceding sentence shall not constitute Acceptable Collateral or, in the case of Eligible Letters of Credit, be taken into account for purposes in calculating the Net Obligations. If any Eligible Letter of determining Credit that is provided to an Applicable Lender expires and is not immediately renewed, extended or replaced with another Eligible Letter of Credit with an equivalent face amount, the LTV Ratio on the Business Day on Applicable Lender to which such Collateral Eligible Letter of Credit is posted unless (i) at least one (1) Business Day’s notice provided is and shall be authorized to Calculation Agent have elapsed draw the full stated amount of such Eligible Letter of Credit and (ii) such Collateral is deposited deposit the proceeds thereof into the applicable Collateral Accounts, with a SWIFT code evidencing such posting to be furnished to the Calculation Agent, prior to 2:00 p.m. on such Business DayAccount as Collateral. Borrower shall direct the Issuer or its transfer agent to deposit into, into or credit to, directly to the relevant Collateral Accounts on a Pro Rata Basis, or, in the case of any property or assets other than Cash and securities entitlements, deliver to the Custodian (subject to the Applicable Lenders’ reasonable delivery instructions) on a Pro Rata Basis, any Ordinary Dividend or Extraordinary Distribution paid or distributed on the any Collateral Shares Shares, or any securities or securities entitlements (x) exchanged for, or delivered upon conversion of, the any Collateral Shares in a Merger Event or otherwise or (y) delivered in respect of the any Collateral Shares in connection with a Spin-off, and if any such Cash, securities, securities entitlements or other property or assets are received by Borrower or any of its Affiliates Affiliate thereof for any reason, Borrower shall, or shall cause such Affiliate to, make such deposit or delivery as promptly as practicable and in any event no later than two (2) Business Days following such receipt (and pending such delivery, shall hold such property in trust for the Applicable Lenders), subject, in each case, to any subsequent release thereof in accordance with Section 2.06(d). Borrower shall not tender any Collateral Shares in any exchange offer (including, without limitation, a Split-off) without the consent of each Lender.

Posting Additional Collateral. For the avoidance of doubt, on On at least one two (2) Business Day’s Days’ notice to Calculation Administrative Agent, Borrower Borrowers may post Cash or Cash Equivalents constituting Acceptable Collateral to the Collateral Accounts Accounts, or provide Eligible Letters of Credit to the Applicable Lenders, at any time; provided that each type of Collateral shall be posted to the Collateral Accounts Accounts, and any Eligible Letters of Credit shall be provided to the Applicable Lenders, on a Pro Rata Basis; provided further that such Collateral to be posted under this Section 2.06(e2.06(f) at any one time shall be in a minimum amount of $5,000,0002,000,000, and such posted Collateral and Eligible Letters of Credit shall not be taken into account for purposes of determining the LTV Ratio on the Business Day on which such Collateral is posted or such Eligible Letters of Credit are provided unless (i) at least one two (12) Business Day’s Days’ notice to Calculation Administrative Agent have elapsed and (ii) such Collateral is deposited into the Collateral Accounts, with a SWIFT code evidencing such posting to be furnished to the Calculation Administrative Agent, and such Eligible Letters of Credit are provided to the Applicable Lenders, in each case prior to 2:00 p.m. New York City time on such Business Day. Borrower If any Eligible Letter of Credit that is provided to an Applicable Lender expires and is not immediately renewed, extended or replaced with another Eligible Letter of Credit with an equivalent face amount, the Applicable Lender to which such Eligible Letter of Credit is provided is and shall be authorized to draw the full stated amount of such Eligible Letter of Credit and deposit the proceeds thereof into the applicable Collateral Account as Collateral. Borrowers shall direct the Issuer or its transfer agent to deposit into, into or credit to, directly to the relevant Collateral Accounts on a Pro Rata Basis, or, in the case of any property or assets other than Cash and securities entitlements, deliver to the Custodian relevant Applicable Lenders (subject to the Applicable Lenders’ their reasonable delivery instructions) on a Pro Rata Basis, any Ordinary Dividend or Extraordinary Distribution paid or distributed on the any Collateral Shares Shares, or any securities or securities entitlements (x) exchanged for, or delivered upon conversion of, the any Collateral Shares in a Merger Event or otherwise or (y) delivered in respect of the any Collateral Shares in connection with a Spin-off, and if any such Cash, securities, securities entitlements or other property or assets are received by any Borrower or any Affiliate thereof (for this purpose without giving effect to clause (ii)(A) of its Affiliates the proviso to the definition of “Affiliate”) for any reason, Borrower Borrowers shall, or shall cause such Affiliate to, make such deposit or delivery as promptly as practicable and in any event no later than two (2) Business Days following such receipt (and pending such delivery, shall hold such property in trust for the Applicable Lenders), subject, in each case, to any subsequent release thereof in accordance with Section 2.06(d). No Borrower shall not tender any Collateral Shares in any exchange offer (including, without limitation, a Split-off) without the consent of each Lender.

Posting Additional Collateral. For the avoidance of doubt, on On at least one two (2) Business Day’s Days’ notice to Administrative Agent and Calculation Agent, Borrower may post Cash or Cash Equivalents constituting Acceptable Collateral to the Collateral Accounts Accounts, or provide Eligible Letters of Credit to the Applicable Lenders, at any time; provided that each type of Collateral shall be posted to the Collateral Accounts Accounts, and any Eligible Letters of Credit shall be provided to the Applicable Lenders, on a Pro Rata Basis; provided further that such Collateral to be posted under this Section 2.06(e2.06(f) at any one time shall be in a minimum amount of $5,000,0002,000,000, and such posted Collateral and Eligible Letters of Credit shall not be taken into account for purposes of determining the LTV Ratio on the Business Day on which such Collateral is posted or such Eligible Letters of Credit are provided unless (i) at least one two (12) Business Day’s Days’ notice to Administrative Agent and Calculation Agent have elapsed and (ii) such Collateral is deposited into the Collateral Accounts, with a SWIFT code evidencing such posting to be furnished to the Administrative Agent and Calculation Agent, and such Eligible Letters of Credit are provided to the Applicable Lenders, in each case prior to 2:00 p.m. New York City time on such Business Day; provided, further, that Borrower may receive contributions of Cash from the Fund Entities in the Collateral Accounts on a Pro Rata Basis for the purpose of paying Operating Expenses. If any Eligible Letter of Credit that is provided to an Applicable Lender is not renewed, extended or replaced with another Eligible Letter of Credit with an equivalent face amount at least 30 days prior to its expiry date, the Applicable Lender to which such Eligible Letter of Credit is provided is and shall be authorized to draw the full stated amount of such Eligible Letter of Credit and deposit the proceeds thereof into the applicable Collateral Account as Collateral. Borrower shall direct the Issuer or its transfer agent to deposit into, into or credit to, directly to the relevant Collateral Accounts on a Pro Rata Basis, or, in the case of any property or assets other than Cash and securities entitlements, deliver to the Custodian relevant Applicable Lenders (subject to the Applicable Lenders’ their reasonable delivery instructions) on a Pro Rata Basis, any Ordinary Dividend or Extraordinary Distribution paid or distributed on the any Collateral Shares Shares, or any securities or securities entitlements (x) exchanged for, or delivered upon conversion of, the any Collateral Shares in a Merger Event or otherwise or (y) delivered in respect of the any Collateral Shares in connection with a Spin-off, and if any such Cash, securities, securities entitlements or other property or assets are received by Borrower or any of its Affiliates Affiliate thereof for any reason, Borrower shall, or shall cause such Affiliate to, make such deposit or delivery as promptly as practicable and in any event no later than two (2) Business Days following such receipt (and pending such delivery, shall hold such property in trust for the Applicable Lenders), subject, in each case, to any subsequent release thereof in accordance with Section 2.06(d). Borrower shall not tender any Collateral Shares in any exchange offer (including, without limitation, a Split-off) without the consent of each Lender.

Posting Additional Collateral. For the avoidance of doubt, on at least one two Business Day’s Days’ notice to Calculation Administrative Agent, Borrower Borrowers may post Cash or Cash Equivalents constituting Acceptable Collateral to the Collateral Accounts or provide Eligible Letters of Credit to the Applicable Lenders, at any time; provided that each type of Collateral shall be posted to the Collateral Accounts and any Eligible Letters of Credit shall be provided to the Applicable Lenders, on a Pro Rata Basis; provided further that such Collateral to be posted and/or Eligible Letters of Credit to be provided under this Section 2.06(e) at any one time shall be in a minimum amount of $5,000,000, and such posted Collateral and Eligible Letters of Credit shall not be taken into account for purposes of determining the LTV Ratio on the Business Day on which such Collateral is posted or such Eligible Letters of Credit are provided unless (i) at least one two (12) Business Day’s Days’ notice to Calculation Administrative Agent have elapsed and (ii) such Collateral is deposited into the Collateral Accounts, with a SWIFT code evidencing such posting to be furnished to the Calculation Agent, and such Eligible Letters of Credit are provided to the Applicable Lenders, in each case, prior to 2:00 p.m. on such Business Day. Borrower If any Eligible Letter of Credit that is provided to an Applicable Lender expires and is not immediately renewed, extended or replaced with another Eligible Letter of Credit with an equivalent face amount, the Applicable Lender to which such eligible Letter of Credit is provided is and shall be authorized to draw the full stated amount of such Eligible Letter of Credit and deposit the proceeds thereof into the applicable Collateral Account as Collateral. Borrowers shall direct the Issuer or its transfer agent to deposit into, or credit to, the relevant Collateral Accounts on a Pro Rata Basis, or, in the case of any property or assets other than Cash and securities entitlements, deliver to the Custodian (subject to the Applicable Lenders’ reasonable delivery instructions) on a Pro Rata Basis, any Ordinary Dividend or Extraordinary Distribution paid or distributed on the Collateral Shares Shares, or any securities or securities entitlements (x) exchanged for, or delivered upon conversion of, the Collateral Shares in a Merger Event or otherwise or (y) delivered in respect of the Collateral Shares in connection with a Spin-off, and if any such Cash, securities, securities entitlements or other property or assets are received by Borrower Borrowers or any of its Affiliates Affiliate thereof for any reason, Borrower Borrowers shall, or shall cause such Affiliate to, make such deposit or delivery as promptly as practicable and in any event no later than two Business Days following such receipt (and pending such delivery, shall hold such property in trust for the Applicable Lenders), subject, in each case, to any subsequent release thereof in accordance with Section 2.06(d). Borrower Borrowers shall not tender any Collateral Shares in any exchange offer (including, without limitation, a Split-off) without the consent of each Lender.