Common use of Prepayments of the Clause in Contracts

Prepayments of the. Revolving Credit Facility made pursuant to clause (i), (ii) or (iii) of this Section 2.06(b), first, shall be applied to prepay Letter of Credit Advances outstanding at such time until all such Letter of Credit Advances are paid in full, second, shall be applied to prepay Swing Line Advances outstanding at such time until all such Swing Line Advances are paid in full, third, shall be applied to prepay Revolving Credit Advances comprising part of the same Borrowings and outstanding at such time until all such Revolving Credit Advances are paid in full and, fourth, shall be deposited into the L/C Cash Collateral Account to cash collateralize 100% of the Available Amount of all Letters of Credit outstanding at such time; and, in the case of prepayments of the Revolving Credit Facility required pursuant to clause (i) or (ii) of this Section 2.06(b), the amount remaining, if any, after the prepayment in full of all Advances outstanding at such time and the 100% cash collateralization of the aggregate Available Amount of all Letters of Credit outstanding at such time (the sum of such prepayment amounts, cash collateralization amounts and remaining amount being, collectively, the "Reduction Amount") may be retained by the Borrower for use in the ordinary course of its business, and the Letter of Credit Facility shall be automatically and permanently reduced as set forth in Section 2.05(b)(iii). Upon the drawing of any Letter of Credit for which funds are on deposit in the L/C Cash Collateral Account, such funds shall be applied (without any further action by or notice to or from the Borrower or any other Loan Party) to reimburse the Issuing Bank or the Revolving Credit Lenders, as applicable.

Appears in 2 contracts

Samples: Credit Agreement (Davita Inc), Credit Agreement (Davita Inc)

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Prepayments of the. Revolving Credit Facility made pursuant to clause (i), (ii) or (iii) of this Section 2.06(b), first, above shall be first applied to prepay Letter of Credit Advances then outstanding at until such time until all such Letter of Credit Advances are paid in full, second, shall be applied to prepay Swing Line Advances outstanding at such time until all such Swing Line Advances are paid in full, third, shall be second applied to prepay Revolving Credit Advances then outstanding comprising part of the same Borrowings and outstanding at until such time until all such Revolving Credit Advances are paid in full and, fourth, shall be and third deposited into in the L/C Cash Collateral Account to cash collateralize 100% of the Available Amount of all the Letters of Credit outstanding at such timethen outstanding; and, in the case of prepayments of the Revolving Credit Facility required pursuant to clause (i) or (ii) of this Section 2.06(b)above, the amount remaining, remaining (if any, ) after the prepayment in full of all the Advances then outstanding at such time and the 100% cash collateralization of the aggregate Available Amount of all Letters of Credit then outstanding at such time (the sum of such prepayment amounts, cash collateralization amounts and remaining amount being, collectively, being referred to herein as the "Reduction AmountREDUCTION AMOUNT") may may, if not used as set forth above, be retained by the U.S. Borrower for use in the ordinary course of its business, and the Letter of Revolving Credit Facility shall be automatically and permanently reduced as set forth in Section 2.05(b)(iii2.05(b)(v). Upon the drawing of any Letter of Credit for which funds are on deposit in the L/C Cash Collateral Account, such funds shall be applied (without any further action by or notice to or from the Borrower or any other Loan Party) to reimburse the Issuing Bank or the Revolving Credit Lenders, as applicable.

Appears in 1 contract

Samples: Credit Agreement (Dresser Inc)

Prepayments of the. Revolving Credit Facility made pursuant to clause (i), (ii) or (iii) of this Section 2.06(b), first, above shall be first applied to prepay Letter of Credit Advances then outstanding at until such time until all such Letter of Credit Advances are paid in full, second, shall be second applied to prepay Swing Line Advances then outstanding at until such time until all such Swing Line Advances are paid in full, third, shall be third applied to prepay ratably US Revolving Credit Advances comprising part of the same Borrowings and then outstanding at until such time until all such Revolving Credit Advances are paid in full and, fourth, shall be and fourth deposited into ratably in the L/C Cash Collateral Account and BA Collateral Account to cash collateralize 100% of the Available Amount of all the Letters of Credit outstanding at such time; and, in the case of prepayments and 100% of the Revolving Credit Facility required pursuant to clause (i) or (ii) of this Section 2.06(b), the amount remaining, if any, after the prepayment in full of all Advances outstanding at such time and the 100% cash collateralization of the aggregate Available Face Amount of all Letters of Credit outstanding at such time (the sum of such prepayment amountsBankers' Acceptances and Notional Bankers' Acceptances then outstanding, cash collateralization amounts and remaining amount being, collectively, the "Reduction Amount") may be retained by the Borrower for use in the ordinary course of its business, and the Letter of Credit Facility shall be automatically and permanently reduced as set forth in Section 2.05(b)(iii)respectively. Upon the drawing of any Letter of Credit for which funds are on deposit in the L/C Cash Collateral Account, such funds shall be applied (without any further action by or notice to or from the Borrower or any other Loan Party) to reimburse the relevant Issuing Bank or the US Revolving Credit Lenders, as applicable. Upon payment of any Bankers' Acceptance on its maturity or upon the maturity date of a BA Equivalent Advance for which funds are on deposit in the BA Collateral Account, such funds shall be applied to reimburse the relevant Canadian Lender or Lenders, as applicable. For so long as no Event of Default has occurred and is continuing, (i) cash collateral shall be released to the applicable Borrowers upon the termination or expiry of any Revolving Letter of Credit, or the maturity of any Bankers' Acceptance or BA Equivalent Advance, as the case may be, in an amount equal to the cash collateral pledged in respect of such Revolving Letter of Credit, Bankers' Acceptance or BA Equivalent Advance, as the case may be, plus any accrued interest or (ii) if, because of a fluctuation in the currency in which any such Revolving Letter of Credit, Bankers' Acceptance or BA Equivalent Advance is denominated, amounts on deposit in the relevant cash collateral account in respect of such Revolving Letter of Credit, Bankers' Acceptance or BA Equivalent Advance exceed 100% of the Available Amount of such Revolving Letter of Credit, or of the Face Amount of such Bankers' Acceptance or the applicable Notional Bankers' Acceptance, as the case may be, the amount of such excess cash collateral shall be released to the applicable Borrower.

Appears in 1 contract

Samples: Credit Agreement (Laidlaw International Inc)

Prepayments of the. Revolving Credit Facility Loans made pursuant to clause (i), (ii), (iii), (iv) or (iiiv) of this Section 2.06(b)clause (b) shall be applied, first, shall be applied to prepay Letter of Credit Advances L/C Borrowings outstanding at such time until all such Letter of Credit Advances L/C Borrowings are paid in full, second, shall be applied to prepay Swing Line Advances outstanding at such time until all such Swing Line Advances are paid in full, third, shall be applied to prepay Revolving Credit Advances comprising part of the same Borrowings and Loans outstanding at such time until all such Revolving Credit Advances Loans are paid in full and, fourththird, shall be deposited into to Cash Collateralize the L/C Cash Collateral Account to cash collateralize 100% of the Available Amount of all Letters of Credit outstanding at such timeObligations; and, in the case of prepayments of the Revolving Credit Facility Loans required pursuant to clause (i), (ii), (iii), (iv) or (iiv) of this Section 2.06(bclause (b), the amount remaining, if any, after the prepayment in full of all Advances Loans and L/C Borrowings outstanding at such time and the 100% cash collateralization of the aggregate Available Amount of all Letters of Credit outstanding at such time L/C Obligations have been Cash Collateralized (the sum of such prepayment amounts, cash collateralization amounts and remaining amount being, collectively, the "Reduction Amount") may be retained by the Borrower for use in the ordinary course of its business, and the Letter of Credit Facility shall be automatically and permanently reduced as set forth in Section 2.05(b)(iii). Upon the drawing of any Letter of Credit for Credit, which funds are on deposit in the L/C has been Cash Collateral AccountCollateralized, such funds shall be applied (without any further action by or notice to or from the Borrower or any other Loan PartyPerson) to reimburse the Issuing Bank applicable L/C Issuer or the Revolving Credit Lenders, as applicable.

Appears in 1 contract

Samples: Credit and Guaranty Agreement (Reliant Energy Inc)

Prepayments of the. Revolving Credit Facility made pursuant to clause (i), (ii), (iii), (iv), (v), (vi), (vii) or (iiiviii) of this Section 2.06(b2.05(b), first, shall be applied to prepay Letter of Credit Advances L/C Borrowings outstanding at such time until all such Letter of Credit Advances L/C Borrowings are paid in full, second, shall be applied to prepay Swing Line Advances Loans outstanding at such time until all such Swing Line Advances Loans are paid in full, third, shall be applied to prepay Revolving Credit Advances comprising part of the same Borrowings and Loans outstanding at such time until all such Revolving Credit Advances Loans are paid in full and, fourth, shall be deposited into used to Cash Collateralize the L/C Cash Collateral Account to cash collateralize 100% of the Available Amount of all Letters of Credit outstanding at such timeObligations; and, in the case of prepayments of the Revolving Credit Facility required pursuant to clause (i), (ii), (iii), (iv), (v) or (iivi) of this Section 2.06(b2.05(b), the amount remaining, if any, after the prepayment in full of all Advances Loans and L/C Borrowings outstanding at such time and the 100% cash collateralization of the aggregate Available Amount of all Letters of Credit outstanding at such time L/C Obligations have been Cash Collateralized in full (the sum of such prepayment amounts, cash collateralization amounts and remaining amount being, collectively, the "Reduction Amount") may be retained by the Borrower for use in the ordinary course of its business, and the Letter of Revolving Credit Facility shall be automatically and permanently reduced as set forth in Section 2.05(b)(iii2.06(b)(ii). Upon the drawing of any Letter of Credit for which funds are on deposit in the L/C has been Cash Collateral AccountCollateralized, such funds shall be applied (without any further action by or notice to or from the Borrower or any other Loan Party) to reimburse the Issuing Bank L/C Issuer or the Revolving Credit Lenders, as applicable, and any remaining cash provided to Cash Collateralize such Letter of Credit shall be returned to the Borrower in accordance with the terms of Section 2.03(g).

Appears in 1 contract

Samples: Credit Agreement (Alderwoods Group Inc)

Prepayments of the. Revolving Credit Facility made pursuant to clause (i), (ii) or (iii) above of this Section 2.06(b), first, 2.06 shall be first applied to prepay Letter of Credit Advances then outstanding at until such time until all such Letter of Credit Advances are paid in full, second, shall be applied to prepay Swing Line Advances outstanding at such time until all such Swing Line Advances are paid in full, third, shall be second applied to prepay Revolving Credit Advances then outstanding comprising part of the same Borrowings and outstanding at until such time until all such Revolving Credit Advances are paid in full and, fourth, shall be and third deposited into in the L/C Cash Collateral Account to cash collateralize 100% of the Available Amount of all the Letters of Credit outstanding at such timethen outstanding; and, and in the case of prepayments of the Revolving Credit Facility required pursuant to clause (i) or (ii) of this Section 2.06(b)above, the amount remaining, remaining (if any, ) after the prepayment in full of all the Revolving Credit Advances then outstanding at such time and the 100% cash collateralization of the aggregate Available Amount of all Letters of Credit then outstanding at such time (the sum of such prepayment amounts, cash collateralization amounts and remaining amount being, collectively, the "Reduction AmountREDUCTION AMOUNT") may be retained by the Borrower for use in the ordinary course of its business, and the Letter of Revolving Credit Facility shall be automatically and permanently reduced as set forth in Section 2.05(b)(iii2.05(b)(i). Upon the drawing of any Letter of Credit for which funds are on deposit in the L/C Cash Collateral Account, such funds shall be applied (without any further action by or notice to or from the Borrower or any other Loan Party) to reimburse the Issuing Bank or the Revolving Credit Lenders, as applicable.

Appears in 1 contract

Samples: Credit Agreement (Key3media Group Inc)

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Prepayments of the. Revolving Credit Working Capital Facility made pursuant to clause (i), (ii) or (iii) of this Section 2.06(b), first, shall be applied to prepay Letter of Credit Advances outstanding at such time until all such Letter of Credit Advances are paid in full, second, shall be applied to prepay Swing Line Advances outstanding at such time until all such Swing Line Advances are paid in full, third, shall be applied to prepay Revolving Credit Working Capital Advances comprising part of the same Borrowings and outstanding at such time until all such Revolving Credit Working Capital Advances are paid in full and, fourththird, shall be deposited into the L/C Cash Collateral Account to cash collateralize 100% of the Available Amount of all Letters of Credit outstanding at such time; and, in the case of prepayments of the Revolving Credit Working Capital Facility required pursuant to clause (i) or (ii) of this Section 2.06(b), the amount remaining, if any, after the prepayment in full of all Advances outstanding at such time and the 100% cash collateralization of the aggregate Available Amount of all Letters of Credit outstanding at such time (the sum of such prepayment amounts, cash collateralization amounts and remaining amount being, collectively, the "Reduction Amount") may be retained by the Borrower for use in the ordinary course of its business, and the Letter of Credit Working Capital Facility shall be automatically and permanently reduced as set forth in Section 2.05(b)(iii2.05(b)(ii). Upon the drawing of any Letter of Credit for which funds are on deposit in the L/C Cash Collateral Account, such funds shall be applied (without any further action by or notice to or from from, the Borrower or any other Loan Party) to reimburse the Issuing Bank or the Revolving Credit Lenders, as applicable.

Appears in 1 contract

Samples: Credit Agreement (Americhoice Corp)

Prepayments of the. Revolving Credit Facility made pursuant to clause (i), (ii) ), or (iii) of this Section 2.06(b), first, shall be applied to prepay Letter of Credit Advances outstanding at such time until all such Letter of Credit Advances are paid in full, second, shall be applied to prepay Swing Line Advances outstanding at such time until all such Swing Line Advances are paid in full, third, shall be applied to prepay Revolving Credit Advances comprising part of the same Borrowings and outstanding at such time until all such Revolving Credit Advances are paid in full and, fourth, shall be deposited into the L/C Cash Collateral Account to cash collateralize 100% of the Available Amount of all Letters of Credit outstanding at such time; and, in the case of prepayments of the Revolving Credit Facility required pursuant to clause (i) or (ii) of this Section 2.06(b), the amount remaining, if any, after the prepayment in full of all Advances outstanding at such time and the 100% cash collateralization of the aggregate Available Amount of all Letters of Credit outstanding at such time (the sum of such prepayment amounts, cash collateralization amounts and remaining amount being, collectively, the "Reduction Amount") may be retained by the Borrower for use in the ordinary course of its business, and the Letter of Credit Facility shall be automatically and permanently reduced as set forth in Section 2.05(b)(iii). Upon the drawing of any Letter of Credit for which funds are on deposit in the L/C Cash Collateral Account, such funds shall be applied (without any further action by or notice to or from the Borrower or any other Loan Party) to reimburse the Issuing Bank or the Revolving Credit Lenders, as applicable.

Appears in 1 contract

Samples: Credit Agreement (Tri City Dialysis Center Inc)

Prepayments of the. Revolving Credit Working Capital Facility made pursuant to clause (i), ) or (ii) or (iii) of this Section 2.06(b), first, above shall be first applied to prepay Letter of Credit ----- Advances then outstanding at until such time until all such Letter of Credit Advances are paid in full, second, shall be second applied ------ to prepay Swing Line Advances then outstanding at until such time until all such Swing Line Advances are paid in full, third, shall be third applied to prepay Revolving Credit Working Capital Advances then outstanding ----- comprising part of the same Borrowings and outstanding at (in the order designated by the Borrower) until such time until all such Revolving Credit Advances are paid in full and, fourth, shall be and fourth deposited into in the L/C Cash ------ Collateral Account to cash collateralize 100% of the Available Amount of all the Letters of Credit outstanding at such timethen outstanding; and, in the case of prepayments of the Revolving Credit Facility required pursuant to clause (i) or (ii) of this Section 2.06(b), and the amount remaining, remaining (if any, ) after the prepayment in full of all the Letter of Credit Advances, Swingline Advances and Working Capital Advances then outstanding at such time and the 100% cash collateralization of the aggregate Available Amount of all Letters of Credit then outstanding at such time (the sum of such prepayment amounts, cash collateralization amounts and remaining amount being, collectively, being referred to herein as the "Reduction Amount") may be retained by the ---------------- Borrower for use in the ordinary course of its business, and the Letter of Credit Working Capital Facility shall be automatically and permanently reduced as set forth in Section 2.05(b)(iii2.06(b)(iv). Upon the drawing of any Letter of Credit for which funds are on deposit in the L/C Cash Collateral Account, such funds shall be applied (without any further action by or notice to or from the Borrower or any other Loan Party) to reimburse the Issuing Bank or the Revolving Credit Working Capital Lenders, as applicable.

Appears in 1 contract

Samples: Credit Agreement (Commercial Aggregates Transportation & Sales LLC)

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