Common use of Prepayments Due to Reductions or Restrictions of Commitments Clause in Contracts

Prepayments Due to Reductions or Restrictions of Commitments. The Borrower shall prepay the Loans from time to time to the extent necessary so that the Revolving Exposure shall not at any time exceed the Commitments then in effect. If at any time that there are no Loans outstanding (whether after giving effect to any prepayment thereof pursuant to this subclause (a) or otherwise) the Revolving Exposure exceeds the Commitments, the Borrower shall deposit as cash collateral with the Administrative Agent such amounts as are necessary so that, after giving effect thereto, the amount on deposit in the form of cash collateral with the Administrative Agent pursuant to this subclause (a) is at least equal to such excess. If, on the tenth Business Day prior to the Commitment Termination Date, the conditions precedent to borrowing set forth in Section 4.2B would not be satisfied, then the Borrower shall, on such date, cash collateralize such amount of LC Exposure that is attributable to the Commitments. Any failure to make such deposit within two Business Days after notice by the Administrative Agent shall constitute an Event of Default.

Appears in 2 contracts

Samples: Credit Agreement (Taylor Morrison Home Corp), Credit Agreement (Taylor Morrison Home Corp)

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Prepayments Due to Reductions or Restrictions of Commitments. The Borrower shall prepay the Loans from time to time to the extent necessary so that the Revolving Exposure Total Utilization shall not at any time exceed the Commitments then in effect. If at any time that there are no Loans outstanding (whether after giving effect to any prepayment thereof pursuant to this subclause (a) or otherwise) the Revolving Exposure Total Utilization exceeds the Commitments, the Borrower shall deposit as cash collateral with the Administrative Collateral Agent such amounts as are necessary so that, after giving effect thereto, the amount on deposit in the form of cash collateral with the Administrative Collateral Agent pursuant to this subclause (a) is at least equal to such excess. If, on the tenth Business Day prior to the Commitment Termination Date, the conditions precedent to borrowing Borrowing set forth in Section 4.2B 4.3B and 4.3C would not be satisfied, then the Borrower shall, on such date, cash collateralize such amount of LC Exposure that is attributable to the Commitments. Any failure to make such deposit within two Business Days after notice by the Administrative Agent shall constitute an Event of Default.

Appears in 1 contract

Samples: Security Agreement (Brookfield Residential Properties Inc.)

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Prepayments Due to Reductions or Restrictions of Commitments. The Borrower Borrowers shall prepay the Loans from time to time to the extent necessary so that the Revolving Exposure Total Utilization of Commitments shall not at any time exceed the Commitments then in effect. If at any time that there are no Loans outstanding (whether after giving effect to any prepayment thereof pursuant to this subclause (a) or otherwise) the Revolving Exposure Total Utilization of Commitments exceeds the Commitments, the Borrower Borrowers shall deposit as cash collateral with the Administrative Agent such amounts as are necessary so that, after giving effect thereto, the amount on deposit in the form of cash collateral with the Administrative Agent pursuant to this subclause (a) is at least equal to such excess. If, on the tenth Business Day prior to the Commitment Termination Date, the conditions precedent to borrowing set forth in Section 4.2B would not be satisfied, then the Borrower Borrowers shall, on such date, cash collateralize such amount of LC Exposure Letter of Credit Usage that is attributable to the Commitments. Any failure to make such deposit within two Business Days after notice by the Administrative Agent shall constitute an Event of Default.

Appears in 1 contract

Samples: Credit Agreement (Taylor Morrison Home Corp)

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