Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, that (x) Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default (and following application as provided in this Section 2.13 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 10 contracts

Samples: Credit Agreement (Tennessee Valley Authority), Credit Agreement (Tennessee Valley Authority), Credit Agreement (Tennessee Valley Authority)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable ~~Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))~~Lender) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.14 may be otherwise applied in accordance with Section ~~8.03),~~ 9.03) and (y) the Person providing Cash Collateral and the L/C Issuer or Swing Line Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 10 contracts

Samples: Credit Agreement (Fleetcor Technologies Inc), Credit Agreement (Lifelock, Inc.), Credit Agreement (Active Network Inc)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable ~~Lender (or~~Lender), ~~as appropriate, its assignee following compliance with Section 10.06(b)(vi)))~~ or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, (A) that ~~(x)~~ Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of ~~a Default (and following application as provided in this Section 2.13 may be otherwise applied in accordance with Section 8.03)~~an Event of Default, and (yB) the Person providing Cash Collateral and the ~~L/C Issuer~~ Issuing Lender may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 9 contracts

Samples: Credit Agreement (Cambium Networks Corp), Credit Agreement (Cambium Networks Corp), Guarantee and Collateral Agreement (Barracuda Networks Inc)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.14 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 9 contracts

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

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the Borrower or any of its Subsidiaries shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.16 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the L/C Issuer or Swing Line Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 8 contracts

Samples: Credit Agreement (Lowes Companies Inc), Credit Agreement (Lowes Companies Inc), Credit Agreement (Lowes Companies Inc)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi~~11.06(b)(vi))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the ~~Borrower~~ Company shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.15 may be otherwise applied in accordance with Section ~~8.03~~9.03), and (y) the Person providing Cash Collateral and the applicable L/C ~~Issuer~~ Issuer, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 8 contracts

Samples: Credit Agreement (RR Donnelley & Sons Co), Credit Agreement (RR Donnelley & Sons Co), Credit Agreement (RR Donnelley & Sons Co)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the~~ a Borrower shall not be released during the continuance of a Default (and following application as provided in this Section ~~2.13~~ 2.15 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the ~~L/C Issuer~~ applicable Fronting Bank may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 7 contracts

Samples: Credit Agreement (Arch Capital Group Ltd.), Credit Agreement (Arch Capital Group Ltd.), Credit Agreement (Arch Capital Group Ltd.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.14 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the applicable L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 6 contracts

Samples: Credit Agreement (Tesoro Logistics Lp), Credit Agreement (Tesoro Corp /New/), Credit Agreement (Tesoro Logistics Lp)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable ~~Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))~~Lender) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a an Event of Default (and following application as provided in this Section ~~2.13~~ 11.19 may be otherwise applied in accordance with Section ~~8.03~~9.4), and (y) the Person providing Cash Collateral and the ~~L/C Issuer~~ applicable Issuing Bank or Swingline Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 6 contracts

Samples: Credit Agreement (Nv Energy, Inc.), Credit Agreement (Nv Energy, Inc.), Credit Agreement (Nv Energy, Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi~~9.04(b)(ii))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.22 may be otherwise applied in accordance with Section ~~8.03~~7.01), and (y) the ~~Person~~ person providing Cash Collateral and the ~~L/C Issuer~~ applicable Issuing Bank may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 5 contracts

Samples: First Lien Credit Agreement (Exela Technologies, Inc.), Credit Agreement, First Lien Credit Agreement (Exela Technologies, Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or to secure other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi~~9.6(b)(vi))) or (ii) upon the ~~Administrative Agent~~Borrower’s ~~good faith determination that~~ request if there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.21 may be otherwise applied in accordance with Section ~~8.03~~7.3), and (y) the Person providing Cash Collateral and the applicable L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 5 contracts

Samples: Revolving Credit Agreement (Nordstrom Inc), Revolving Credit Agreement (Nordstrom Inc), Revolving Credit Agreement (Nordstrom Inc)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or to secure other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, (A) that ~~(x)~~ Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default (and following application as provided in this Section ~~2.13~~ 2.16 may be otherwise applied in accordance with Section 8.03), and (yB) the Person providing Cash Collateral and the L/C ~~Issuer~~ Issuers may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 5 contracts

Samples: Credit Agreement (AdvanSix Inc.), Credit Agreement (AdvanSix Inc.), Credit Agreement (AdvanSix Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations ~~shall~~ will be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its ~~assignee following compliance with Section 10.06(b)(vi))~~assignee) or (ii) ~~the~~ Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, (1) that ~~(x)~~ Cash Collateral furnished by or on behalf of ~~the~~ a Borrower ~~shall~~ will not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.16 may be otherwise applied in accordance with Section ~~8.03~~8.04), and (y2) the Person providing Cash Collateral and ~~the~~ any L/C Issuer or Swing Line Lender, as applicable, may agree that Cash Collateral ~~shall~~ will not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 5 contracts

Samples: Credit Agreement (Ch2m Hill Companies LTD), Credit Agreement (Ch2m Hill Companies LTD), Credit Agreement (Ch2m Hill Companies LTD)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations under any of this Section 2.16 or Sections 2.03, 2.05 or 2.17 shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.16 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the L/C Issuer ~~may~~ agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 5 contracts

Samples: Credit Agreement (Greenbrier Companies Inc), Credit Agreement (Greenbrier Companies Inc), Credit Agreement (Greenbrier Companies Inc)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi~~11.06(b)(vi))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; ~~provided, however,~~ provided that (x) Cash Collateral furnished by or on behalf of ~~the Borrower~~ Xxxxxxxxx shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.17 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the L/C Issuer or Swing Line Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 5 contracts

Samples: Credit Agreement (Carpenter Technology Corp), Credit Agreement (Carpenter Technology Corp), Credit Agreement (Carpenter Technology Corp)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or to secure other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the determination by the Administrative ~~Agent’s good faith determination~~ Agent and the L/C Issuers that there exists excess Cash Collateral; provided, however, ~~that~~ (x) Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default (and following application as provided in this Section ~~2.13~~ 2.15 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the L/C ~~Issuer~~ Issuers may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 5 contracts

Samples: Credit Agreement (Safehold Inc.), Credit Agreement (Istar Inc.), Credit Agreement (Istar Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi)~~9.07)) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the ~~Borrower~~ Company shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 3.11 may be otherwise applied in accordance with Section ~~8.03~~7.02), and (y) the Person providing Cash Collateral and the ~~L/C Issuer~~ Issuing Bank or Swing Loan Bank, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 5 contracts

Samples: Credit Agreement (Marriott International Inc /Md/), Credit Agreement (Marriott International Inc /Md/), Credit Agreement (Marriott International Inc /Md/)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi~~14.6(b)(vii))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Credit Party shall not be released during the continuance of a Default ~~(and following application as provided in this Section 2.13 may be otherwise applied in accordance with Section 8.03)~~or Event of Default, and (y) the Person providing Cash Collateral and the ~~L/C~~ Letter of Credit Issuer or Swingline Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 5 contracts

Samples: Credit Agreement (Intelsat S.A.), Credit Agreement (Intelsat S.A.), Credit Agreement (Intelsat S.A.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the ~~applicable~~ Revolving Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi)~~10.04(b)) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, that (x) Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Credit Party shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.19 may be otherwise applied in accordance with Section ~~8.03),~~ 7.03) and (y) the Person providing Cash Collateral and the ~~L/C~~ relevant Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 5 contracts

Samples: Credit Agreement (Unit Corp), Credit Agreement (Unit Corp), Credit Agreement (Unit Corp)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations and not otherwise applied in accordance with Section 2.10(c) shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi))~~11.6) or (ii) the ~~Administrative~~ Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.10 may be otherwise applied in accordance with Section ~~8.03~~9.3), and (y) the Person providing Cash Collateral and the applicable L/C Issuer or Swing Line Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 5 contracts

Samples: Five Year Credit Agreement (Integrys Energy Group, Inc.), Five Year Credit Agreement (Integrys Energy Group, Inc.), Credit Agreement (Integrys Energy Group, Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi~~10.04(b))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the ~~Borrower~~ Borrowers shall not be released during the continuance of a ~~Default (and following application as provided in this Section 2.13 may be otherwise applied in accordance with Section 8.03)~~Default, and (y) the Person providing Cash Collateral and the ~~L/C Issuer~~ applicable Issuing Bank may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 5 contracts

Samples: Credit Agreement (Medtronic PLC), Credit Agreement (Medtronic PLC), Credit Agreement (Medtronic PLC)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations or events giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi)~~10.6(d)) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.14 may be otherwise applied in accordance with Section ~~8.03~~8.3), and (y) the Person providing Cash Collateral and the L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 5 contracts

Samples: Revolving Credit Agreement (PBF Logistics LP), Revolving Credit Agreement (PBF Energy Co LLC), Revolving Credit Agreement (Philadelphia Energy Solutions Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.15 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 4 contracts

Samples: Credit Agreement (Retail Opportunity Investments Partnership, LP), Credit Agreement (Retail Opportunity Investments Corp), Credit Agreement (Retail Opportunity Investments Corp)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with ~~Section 10.06(b)(vi)~~Sections 10.6 and 10.13)) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the~~ Borrower shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.17 may be otherwise applied in accordance with Section ~~8.03~~8.3), and (y) the Person providing Cash Collateral and the ~~L/C Issuer~~ Issuing Lender may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 4 contracts

Samples: Credit Agreement (Reliance, Inc.), Credit Agreement (Reliance Steel & Aluminum Co), Credit Agreement (Reliance Steel & Aluminum Co)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi~~9.4(b)(vi))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; ~~provided, however,~~ provided that (x) Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.21 may be otherwise applied in accordance with Section ~~8.03~~2.18(b) or Section 7.3), and (y) the Person providing Cash Collateral and the ~~L/C Issuer~~ Issuing Bank may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 4 contracts

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

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi~~15.7(b)(vi))) or (ii) the ~~Administrative~~ Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default (and following application as provided in this Section ~~2.13~~ 5.9 may be otherwise applied in accordance with Section ~~8.03~~13.2), and (y) the Person providing Cash Collateral and the L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 4 contracts

Samples: Credit Agreement (Williams Sonoma Inc), Credit Agreement (Williams Sonoma Inc), Credit Agreement (Williams Sonoma Inc)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable ~~Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))~~Lender) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; ~~provided, however,~~ provided that (x) Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.15 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the L/C Issuer or Swing Line Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 4 contracts

Samples: Credit Agreement (ACCO BRANDS Corp), Credit Agreement (ACCO BRANDS Corp), Credit Agreement (ACCO BRANDS Corp)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable ~~Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))~~Lender) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 3.18 may be otherwise applied in accordance with Section ~~8.03),~~ 3.15) and (y) the Person providing Cash Collateral and the applicable L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

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

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable ~~Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))~~Lender) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section 2.13 may be otherwise applied in accordance with Section 8.03), ) and (y) the Person providing Cash Collateral and the ~~L/C Issuer~~ Swing Line Lender may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

Samples: Credit Agreement (Voya PRIME RATE TRUST), Credit Agreement (Voya PRIME RATE TRUST), Credit Agreement (Voya PRIME RATE TRUST)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the Administrative Agent’s 's good faith determination that there exists excess Cash Collateral; provided, however, that (x) Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default (and following application as provided in this Section 2.13 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

Samples: Credit Agreement (Tennessee Valley Authority), Credit Agreement (Tennessee Valley Authority), Credit Agreement (Tennessee Valley Authority)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; ~~provided, however,~~ provided that (x) Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default (and following application as provided in this Section ~~2.13~~ 2.15 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the L/C Issuer or Swing Line Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

Samples: Credit Agreement (Babcock & Wilcox Co), Credit Agreement (Babcock & Wilcox Co), Credit Agreement (McDermott International Inc)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly ~~following~~ (i) following the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi)~~8.07)) or (ii) ~~the Administrative Agent’s good faith determination that~~ if there exists any excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral ~~furnished by or on behalf of~~ which the Borrower shall have furnished pursuant to Section 6.02 shall not be released during the continuance of a an Event of Default (and following application as provided in this Section ~~2.13~~ 2.21 may be otherwise applied in accordance with Section ~~8.03~~6.03), and (y) ~~the Person~~ any Lender providing Cash Collateral and ~~the L/C Issuer~~ an Issuing Bank, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

Samples: Assignment and Assumption (Travelers Companies, Inc.), Assignment and Assumption (Travelers Companies, Inc.), Assignment and Assumption (Travelers Companies, Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable ~~Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))~~Lender) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the Borrower or a Subsidiary shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.15 may be otherwise applied in accordance with Section 8.03), ) and (y) the Person providing Cash Collateral and the applicable L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Darden Restaurants Inc), Credit Agreement (Darden Restaurants Inc), Credit Agreement (Darden Restaurants Inc)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; ~~provided, however,~~ provided that (x) Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default (and following application as provided in this Section ~~2.13~~ 2.15 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the applicable L/C Issuer or the Swing Line Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

Samples: Credit Agreement (Tri-State Generation & Transmission Association, Inc.), Credit Agreement (Tri-State Generation & Transmission Association, Inc.), Credit Agreement (Tri-State Generation & Transmission Association, Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi~~11.06(b)(vi))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Borrower Cash Collateral ~~furnished by or on behalf of the Borrower~~ shall not be released during the continuance of a an Event of Default (and following application as provided in this Section ~~2.13~~ 2.14 may be otherwise applied in accordance with Section ~~8.03~~9.03), and (y) the Person providing Cash Collateral and the applicable L/C Issuer or Swingline Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

Samples: Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following ~~(i)~~ the elimination of the applicable Fronting Exposure or other ~~obligations~~ conditions giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with ~~Section 10.06(b)(vi~~§18)~~)) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral~~; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a an Event of Default (and following application as provided in this ~~Section 2.13~~ §2.15 may be otherwise applied during the continuance of an Event of Default in accordance with ~~Section 8.03~~§12.5), and (y) the Person providing Cash Collateral and ~~the L/C~~ LC Issuer or Swing Line Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

Samples: Revolving Credit Agreement (CorEnergy Infrastructure Trust, Inc.), Revolving Credit Agreement (CorEnergy Infrastructure Trust, Inc.), Revolving Credit Agreement (CorEnergy Infrastructure Trust, Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable ~~Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))~~Lender) or (ii) the ~~Administrative Agent’s~~ good faith determination of the Administrative Agent and the L/C Issuer (which determination shall not be unreasonably withheld or delayed) that there exists excess Cash ~~Collateral~~Collateral (including following the Borrower’s request); provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.14 may be otherwise applied in accordance with Section 8.03), ) and (y) the Person providing Cash Collateral and the L/C Issuer or Swing Line Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

Samples: Credit Agreement (Laboratory Corp of America Holdings), Credit Agreement (Laboratory Corp of America Holdings), Credit Agreement (Laboratory Corp of America Holdings)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the~~ a Borrower shall not be released during the continuance of a Default or an Event of Default (and following application as provided in this Section ~~2.13 may~~ 2.17 may, to the extent there exists an Event of Default, be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the L/C Issuer or Swing Line Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

Samples: Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Franklin Street Properties Corp /Ma/), Credit Agreement (Franklin Street Properties Corp /Ma/)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or to secure other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the determination by the Administrative ~~Agent’s good faith determination~~ Agent that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.15 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the then acting Fronting L/C ~~Issuer~~ Issuers, the Several L/C Agent, any Limited Fronting Lender or the Swing Line Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Voya Financial, Inc.), Revolving Credit Agreement (Voya Financial, Inc.), Revolving Credit Agreement (Voya Financial, Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable ~~Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))~~Lender) or (ii) the Domestic Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Credit Party shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.14 may be otherwise applied in accordance with Section ~~8.03),~~ 9.03) and (y) the Person providing Cash Collateral and the applicable L/C Issuer or applicable Swing Line Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations..

Appears in 3 contracts

Samples: Credit Agreement (Graybar Electric Co Inc), Credit Agreement (Graybar Electric Co Inc), Credit Agreement (Graybar Electric Co Inc)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi~~10.06(b))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; ~~provided, however,~~ provided that (x) Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a an Event of Default (and following application as provided in this Section ~~2.13~~ 2.15 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the applicable L/C Issuer or Swing Line Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

Samples: Credit Agreement (Post Holdings, Inc.), Credit Agreement (Post Holdings, Inc.), Credit Agreement (Healthequity, Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi)~~11.6(g)) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13 may be otherwise applied in accordance with Section 8.03~~2.16), and (y) the Person providing Cash Collateral and ~~the L/C Issuer~~ an Issuing Bank or a Swing Line Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

Samples: Credit Agreement (KOHLS Corp), Credit Agreement (KOHLS Corp), Credit Agreement (KOHLS Corp)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly ~~following~~ (i) following the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi)~~10.13)) or (ii) to the ~~Administrative Agent’s good faith determination that there exists excess~~ extent the aggregate amount of Cash ~~Collateral~~Collateral exceeds the Fronting Exposure; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.15 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

Samples: Revolving Credit Agreement (MSCI Inc.), Revolving Credit Agreement (MSCI Inc.), Revolving Credit Agreement (MSCI Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi)~~12.2(b)(vi)) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default (and following application as provided in this Section ~~2.13~~ 10.5 may be otherwise applied in accordance with Section ~~8.03~~10.3), and (y) the Person providing Cash Collateral and the ~~L/C~~ applicable Issuer or Swing Loan Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

Samples: Credit Agreement (BJ's Wholesale Club Holdings, Inc.), Credit Agreement (BJ's Wholesale Club Holdings, Inc.), Credit Agreement (BJ's Wholesale Club Holdings, Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable ~~Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))~~Lender) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.14 may be otherwise applied in accordance with Section ~~8.03),~~ 9.03) and (y) the Person providing Cash Collateral and the ~~L/C Issuer~~ Swing Line Lender may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

Samples: Credit Agreement (Public Service Co of New Hampshire), Credit Agreement (Connecticut Light & Power Co), Credit Agreement (Public Service Co of New Hampshire)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable ~~Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))~~Lender) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the~~ a Borrower shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.14 may be otherwise applied in accordance with Section ~~8.03),~~ 9.03) and (y) the Person providing Cash Collateral and the ~~L/C Issuer~~ Swing Line Lender may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

Samples: Credit Agreement (Public Service Co of New Hampshire), Credit Agreement (Connecticut Light & Power Co), Credit Agreement (Public Service Co of New Hampshire)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable ~~Lender (or~~Lender), ~~as appropriate, its assignee following compliance with Section 10.06(b)(vi)))~~ or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, (A) that ~~(x)~~ Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of ~~a Default (and following application as provided in this Section 2.13 may be otherwise applied in accordance with Section 8.03)~~an Event of Default, and (yB) the Person providing Cash Collateral and the L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

Samples: Credit Agreement (DoubleVerify Holdings, Inc.), Credit Agreement (DoubleVerify Holdings, Inc.), Credit Agreement (DoubleVerify Holdings, Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi~~9.04(b)(ii))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.22 may be otherwise applied in accordance with Section ~~8.03~~7.01), and (y) the ~~Person~~ person providing Cash Collateral and the ~~L/C Issuer~~ Issuing Bank may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

Samples: Credit Agreement (Centric Brands Inc.), Credit Agreement (Centric Brands Inc.), First Lien Credit Agreement (Centric Brands Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; ~~provided, however,~~ provided that (x) Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.15 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and ~~the~~ each L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

Samples: Assignment and Assumption (Willis Towers Watson PLC), Credit Agreement (Willis Group Holdings PLC), Credit Agreement (Willis Group Holdings PLC)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable ~~Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))~~Lender) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.14 may be otherwise applied in accordance with Section 8.03), ) and (y) the Person providing Cash Collateral and the L/C Issuer or Swing Line Lender, as applicable, may mutually agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

Samples: Credit Agreement (Kapstone Paper & Packaging Corp), Credit Agreement (Kapstone Paper & Packaging Corp), Credit Agreement (Kapstone Paper & Packaging Corp)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi~~10.06(b))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; ~~provided, however,~~ provided that (x) Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a an Event of Default (and following application as provided in this Section ~~2.13~~ 2.15 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the applicable L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

Samples: Credit Agreement (Turning Point Brands, Inc.), Credit Agreement (Turning Point Brands, Inc.), Credit Agreement (Bellring Brands, Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.15 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and ~~the L/C Issuer~~ Swing Line Lender may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

Samples: Credit Agreement (Hunt J B Transport Services Inc), Credit Agreement (Hunt J B Transport Services Inc), Credit Agreement (Hunt J B Transport Services Inc)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi))~~10.5(h) or (ii) ~~the~~ Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Restricted Person shall not be released during the continuance of a Default (and following application as provided in this Section ~~2.13~~ 2.16 may be otherwise applied in accordance with Section ~~8.03~~8.3), and (y) the Person providing Cash Collateral and ~~the L/C~~ LC Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

Samples: Credit Agreement (Mid-Con Energy Partners, LP), Credit Agreement (Mid-Con Energy Partners, LP), Credit Agreement (Mid-Con Energy Partners, LP)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi~~11.06(b)(vi))) or (ii) ~~the~~ Administrative Agent’s good faith determination that there exists excess Cash Collateral; ~~provided, however,~~ provided that (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.15 may be otherwise applied in accordance with Section ~~8.03~~9.03), and (y) the Person providing Cash Collateral and ~~the~~ L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 3 contracts

Samples: Credit Agreement (DLC Realty Trust, Inc.), Credit Agreement (DLC Realty Trust, Inc.), Credit Agreement (DLC Realty Trust, Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash ~~Collateral;~~ Collateral; provided, however, that (x) Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default (and following application as provided in this Section 2.13 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 2 contracts

Samples: Bank Credit Agreement (Tennessee Valley Authority), Credit Agreement (Tennessee Valley Authority)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi)~~8.07(b)) or (ii) the ~~Administrative~~ Paying Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default (and following application as provided in this Section ~~2.13~~ 2.20 may be otherwise applied in accordance with Section ~~8.03~~6.02), and (y) the Person providing Cash Collateral and the ~~L/C Issuer~~ applicable Issuing Bank may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 2 contracts

Samples: Credit Agreement (Kroger Co), Credit Agreement (Kroger Co)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.14 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 2 contracts

Samples: Assignment and Assumption (Temple Inland Inc), Credit Agreement (Temple Inland Inc)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or to secure other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the determination by the Administrative ~~Agent’s good faith determination~~ Agent and the L/C Issuer that there exists excess Cash Collateral; provided, however, ~~that~~ (x) Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a ~~Default (and following application as provided in this Section 2.13 may be otherwise applied in accordance with Section 8.03)~~Default, and (y) the Person providing Cash Collateral and the L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 2 contracts

Samples: Credit Agreement (NorthStar Realty Europe Corp.), Credit Agreement (NorthStar Realty Europe Corp.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; ~~provided, however,~~ provided that (x) Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default (and following application as provided in this Section ~~2.13~~ 2.16 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the applicable L/C Issuer or Swing Line Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 2 contracts

Samples: Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi)~~10.7(b)) or (ii) ~~the~~ Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default (and following application as provided in this Section ~~2.13~~ 2.16 may be otherwise applied in accordance with Section ~~8.03~~8.3), and (y) the Person providing Cash Collateral and ~~the~~ L/C Issuer or Swing Line Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 2 contracts

Samples: Credit Agreement (Micros Systems Inc), Credit Agreement (Micros Systems Inc)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or to secure other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi~~11.06(b)(vi))) or (ii) the determination by the Administrative ~~Agent’s good faith determination~~ Agent and the L/C Issuers that there exists excess Cash Collateral; provided, however, that (x) Cash Collateral furnished by or on behalf of ~~the Borrower~~ an Obligor shall not be released during the continuance of a Default (and following application as provided in this Section ~~2.13~~ 2.16 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the L/C ~~Issuer~~ Issuers may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 2 contracts

Samples: Credit Agreement (Forest City Enterprises Inc), Credit Agreement (Forest City Realty Trust, Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable ~~Lender (or~~Lender), ~~as appropriate, its assignee following compliance with Section 10.06(b)(vi)))~~ or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, ~~however~~that, (A) that ~~(x)~~ Cash Collateral furnished by by, or on behalf ~~of the~~ of, a Borrower shall not be released during the continuance of a Default or an Event of Default (~~and~~ and, following application as provided in this Section ~~2.13~~ 2.13, may be otherwise applied in accordance with Section ~~8.03~~9.03), and (yB) the Person providing Cash Collateral and the ~~L/C Issuer~~ Swing Line Lender may agree that Cash Collateral shall not be ~~released~~ released, but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 2 contracts

Samples: Credit Agreement (Public Service Co of New Hampshire), Credit Agreement

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi)~~10.06(d)) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.22 may be otherwise applied in accordance with ~~Section 8.03)~~Article 8), and (y) the Person providing Cash Collateral and the ~~L/C Issuer~~ Issuing Lender may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 2 contracts

Samples: Credit Agreement (Northwestern Corp), Credit Agreement (Northwestern Corp)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable ~~Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))~~Lender) or (ii) the Domestic Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Credit Party shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.14 may be otherwise applied in accordance with Section ~~8.03),~~ 9.03) and (y) the Person providing Cash Collateral and the applicable L/C Issuer or applicable Swing Line Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 2 contracts

Samples: Credit Agreement (Graybar Electric Co Inc), Credit Agreement (Graybar Electric Co Inc)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure ~~or other obligations~~ shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting ~~Lender~~ Bank status of the applicable ~~Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi)))~~ Bank or (ii) the ~~Administrative~~ Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the ~~Borrower~~ Company shall not be released during the continuance of a an Event of Default (and following application as provided in this Section ~~2.13~~ 2.23 may be otherwise applied in accordance with ~~Section 8.03~~this Credit Agreement), and (y) the Person providing Cash Collateral and the ~~L/C Issuer~~ applicable Issuing Banks, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 2 contracts

Samples: Multicurrency Credit Agreement (Ecolab Inc), Multicurrency Credit Agreement (Ecolab Inc)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi~~15.8(a))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by ~~or on behalf of~~ the ~~Borrower~~ Borrowers shall not be released during the continuance of a an Unmatured Event of Default ~~(and following application as provided in this Section 2.13 may be otherwise applied in accordance with Section 8.03),~~ or Event of Default and (y) the Person providing Cash Collateral and the ~~L/C Issuer~~ Issuer, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.. 5.9

Appears in 2 contracts

Samples: Assignment and Assumption Agreement (Triton International LTD), Triton International LTD

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure ~~or other obligations~~ shall no longer be ~~released promptly~~ required to be held as Cash Collateral pursuant to this Section 2.20 following (i) the elimination of the applicable Fronting Exposure ~~or other obligations giving rise thereto~~ (including by the termination of Defaulting Lender status of the applicable ~~Lender (or~~Lender), ~~as appropriate, its assignee following compliance with Section 10.06(b)(vi)))~~ or (ii) the ~~Administrative Agent’s~~ good faith determination by the Collateral Agent that there exists excess Cash Collateral; ~~provided~~provided that, ~~however, that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the existence and continuance of a Default ~~(and following application as provided in this Section 2.13 may be otherwise applied in accordance with Section 8.03),~~ or Event of Default and (y) subject to Section 2.21 the Person providing Cash Collateral and the ~~L/C Issuer~~ Issuing Bank or Swingline Lender, as applicable, may agree that Cash Collateral shall ~~not~~ be ~~released but instead~~ held to support future anticipated Fronting Exposure or other obligations.

Appears in 2 contracts

Samples: Credit Agreement (Regency Energy Partners LP), Credit Agreement (Regency Energy Partners LP)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other ~~obligations~~ Obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi~~11.6(b)(vi))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished ~~by or~~ on behalf of the Borrower shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 3.6 may be otherwise applied in accordance with Section ~~8.03~~8.3), and (y) the Person providing Cash Collateral and the ~~L/C Issuer~~ Fronting Bank, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other ~~obligations~~Obligations.

Appears in 2 contracts

Samples: Credit Agreement (Renaissancere Holdings LTD), Credit Agreement (Renaissancere Holdings LTD)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.15 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the applicable L/C ~~Issuer~~ Issuer, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 2 contracts

Samples: Credit Agreement (DPL Inc), Credit Agreement (Dayton Power & Light Co)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or to secure other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the determination by the Administrative ~~Agent’s good faith determination~~ Agent that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.15 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the Fronting L/C ~~Issuer~~ Issuer, the Several L/C Agent, any Limited Fronting Lender or the Swing Line Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 2 contracts

Samples: Revolving Credit Agreement (ING U.S., Inc.), Revolving Credit Agreement (ING U.S., Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi)~~11.3(i)) or (ii) the ~~Administrative~~ Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the~~ a Borrower shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 4.15 may be otherwise applied in accordance with Section ~~8.03~~9.3), and (y) the Person providing Cash Collateral and the ~~L/C Issuer~~ U.S. Issuing Lenders, U.S. Swingline Lender or Foreign Swingline Lenders, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 2 contracts

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

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi~~12.3(a))) or (ii) the ~~Administrative~~ Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Unmatured Default or Default (and following application as provided in this Section ~~2.13~~ 2.20 may be otherwise applied in accordance with ~~Section 8.03~~this Agreement), and (y) the Person providing Cash Collateral and the applicable L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 2 contracts

Samples: Credit Agreement (Portland General Electric Co /Or/), Credit Agreement (Portland General Electric Co /Or/)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure ~~or other obligations~~ shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting ~~Lender~~ Bank status of the applicable ~~Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi)))~~ Bank or (ii) the ~~Administrative~~ Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the ~~Borrower~~ Company shall not be released during the continuance of a an Event of Default (and following application as provided in this ~~Section 2.13~~ ‎Section 2.23 may be otherwise applied in accordance with ~~Section 8.03~~this Credit Agreement), and (y) the Person providing Cash Collateral and the ~~L/C Issuer~~ applicable Issuing Banks, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 2 contracts

Samples: Multicurrency Credit Agreement (Ecolab Inc.), Multicurrency Credit Agreement (Ecolab Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi)~~12.3(a)) or (ii) the ~~Administrative~~ Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Unmatured Default or Default (and following application as provided in this Section ~~2.13~~ 2.20 may be otherwise applied in accordance with ~~Section 8.03~~this Agreement), and (y) the Person providing Cash Collateral and the applicable L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 2 contracts

Samples: Credit Agreement (Portland General Electric Co /Or/), Credit Agreement (Portland General Electric Co /Or/)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi)~~10.5(b)) or (ii) ~~the~~ Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Restricted Person shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.15 may be otherwise applied in accordance with Section ~~8.03~~8.3), and (y) the Person providing Cash Collateral and ~~the L/C~~ LC Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 2 contracts

Samples: Credit Agreement (Alta Mesa Resources, Inc. /DE), Credit Agreement (Silver Run Acquisition Corp II)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi~~10.06(d))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.22 may be otherwise applied in accordance with ~~Section 8.03)~~Article 8), and (y) the Person providing Cash Collateral and the ~~L/C Issuer~~ Issuing Lender may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 2 contracts

Samples: Credit Agreement (Northwestern Corp), Credit Agreement (Northwestern Corp)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or to secure other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the determination by the Administrative ~~Agent’s good faith determination~~ Agent and the L/C Issuers that there exists excess Cash Collateral; provided, however, ~~that~~ (x) Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default (and following application as provided in this Section ~~2.13~~ 2.16 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the L/C ~~Issuer~~ Issuers may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 2 contracts

Samples: Credit Agreement (Safety, Income & Growth, Inc.), Credit Agreement (Safety, Income & Growth, Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its ~~assignee following compliance with Section 10.06(b)(vi~~assignee))) , or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral (which determination shall be confirmed by any Issuing Lender or Swingline Lender affected by such release of Cash Collateral); provided, however, ~~that (x) Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default (and following application as provided in this~~ that, subject to Section ~~2.13 may be otherwise applied in accordance with Section 8.03)~~2.21, ~~and (y)~~ the Person providing Cash Collateral and ~~the L/C Issuer~~ each applicable Issuing Lender or Swingline Lender may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 2 contracts

Samples: Credit Agreement (Innophos Holdings, Inc.), Credit Agreement (Innophos Holdings, Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi)~~12.3(a)) or (ii) the ~~Administrative~~ Agent’s 's good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Unmatured Default or Default (and following application as provided in this Section ~~2.13~~ 2.20 may be otherwise applied in accordance with ~~Section 8.03~~this Agreement), and (y) the Person providing Cash Collateral and the applicable L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 1 contract

Samples: Credit Agreement (Portland General Electric Co /Or/)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi)~~12.10.2(f)) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ an Obligor shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.11 may be otherwise applied in accordance with Section ~~8.03~~4.7), and (y) the Person providing Cash Collateral and the ~~L/C Issuer~~ Issuer, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 1 contract

Samples: Credit Agreement (Mitel Networks Corp)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi~~10.5(h))) or (ii) ~~the~~ Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Restricted Person shall not be released during the continuance of a an Event of Default (and following application as provided in this Section ~~2.13~~ 2.16 may be otherwise applied in accordance with Section ~~8.03~~8.3), and (y) the Person providing Cash Collateral and ~~the L/C~~ LC Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 1 contract

Samples: Credit Agreement (Magnum Hunter Resources Corp)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (~~i) the~~ i)the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable ~~Lender~~ Lender), (~~or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the~~ ii)the Administrative Agent’s good faith determination that there exists excess Cash ~~Collateral~~Collateral or (iii)repayment in full of the Obligations (other than contingent indemnification obligations for which no claim has been asserted), together with termination of all Commitments hereunder; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.15 may be otherwise applied in accordance with Section ~~8.03),~~ 9.03) and (y) the Person providing Cash Collateral and the applicable L/C ~~Issuer~~ Issuer, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 1 contract

Samples: Assignment and Assumption (Tech Data Corp)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi)~~10.5(b)) or (ii) ~~the~~ Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Restricted Person shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.16 may be otherwise applied in accordance with Section ~~8.03~~8.3), and (y) the Person providing Cash Collateral and ~~the L/C~~ LC Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 1 contract

Samples: Credit Agreement (RAAM Global Energy Co)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi~~11.06(b)(vi))) or (ii) the Administrative Agent’s 's good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Borrower Cash Collateral ~~furnished by or on behalf of the Borrower~~ shall not be released during the continuance of a an Event of Default (and following application as provided in this Section ~~2.13~~ 2.14 may be otherwise applied in accordance with Section ~~8.03~~9.03), and (y) the Person providing Cash Collateral and the applicable L/C Issuer or Swingline Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 1 contract

Samples: Credit Agreement (Cincinnati Bell Inc)

Release. Cash Collateral (or the appropriate portion thereof) ~~provided to reduce Fronting Exposure or other obligations~~ shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable ~~Lender~~ Lender) (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the reasonable determination by the Administrative ~~Agent’s good faith determination~~ Agent and the L/C Issuer that there exists excess Cash Collateral; provided, ~~however~~that, ~~that~~ (x) any such release shall be without prejudice to, and any disbursement or other transfer of Cash Collateral ~~furnished by or on behalf~~ shall CHAR1\1967948v4 be and remain subject to, any other Lien conferred under the Loan Documents and the other applicable provisions of the ~~Borrower shall not be released during the continuance of a Default (and following application as provided in this Section 2.13 may be otherwise applied in accordance with Section 8.03)~~Loan Documents, and (y) the Person providing Cash Collateral and the L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 1 contract

Samples: Credit Agreement (Biogen Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi~~15.7(b)(vi))) or (ii) the ~~Administrative~~ Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default (and following application as provided in this Section ~~2.13~~ 5.9 may be otherwise applied in accordance with Section ~~8.03~~13.2), and (y) the Person providing Cash Collateral and the L/C Issuer or Swingline Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 1 contract

Samples: Credit Agreement (Williams Sonoma Inc)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable ~~Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))~~Lender) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; ~~provided, however,~~ provided that (x) Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default or Event of Default (and following application as provided 91 US-DOCS\70212156.16 in this Section ~~2.13~~ 2.15 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the L/C Issuer or Swing Line Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 1 contract

Samples: Credit Agreement (ACCO BRANDS Corp)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi~~11.06(b)(vi))) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, that (x) Borrower Cash Collateral ~~furnished by or on behalf of the Borrower~~ shall not be released during the continuance of a an Event of Default (and following application as provided in this Section ~~2.13~~ 2.14 may be otherwise applied in accordance with Section ~~8.03),~~ 9.03) and (y) the Person providing Cash Collateral and the applicable L/C Issuer or Swingline Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 1 contract

Samples: Credit Agreement (Cincinnati Bell Inc)

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Ecolab Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable ~~Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))~~Lender) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.15 may be otherwise applied in accordance with Section ~~8.03),~~ 9.03) and (y) the Person providing Cash Collateral and the applicable L/C ~~Issuer~~ Issuers or Swing Line Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 1 contract

Samples: Credit Agreement (Cabot Corp)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or to secure other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the ~~Administrative Agent’s~~ good faith determination by the Administrative Agent and the applicable L/C Issuer that there exists excess Cash Collateral; provided, however, that (x) Cash Collateral furnished by or on behalf of the ~~Borrower~~ Company or the Borrowers (including any interest thereon) shall not be released during the continuance of a an Event of Default (and following application as provided in this Section ~~2.13~~ 2.16 may be otherwise applied in accordance with Section ~~8.03~~8.03 during the continuance of an Event of Default), and (y) the Person providing Cash Collateral and the applicable L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 1 contract

Samples: Credit and Term Loan Agreement (Ares Real Estate Income Trust Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi))~~11.06) or (ii) ~~the Administrative~~ Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default (and following application as provided in this Section ~~2.13~~ 2.17 may be otherwise applied in accordance with Section ~~8.03~~9.03), and (y) the Person providing Cash Collateral and the L/C Issuer or Swing Line Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 1 contract

Samples: Credit Agreement (American Vanguard Corp)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi)~~8.07)) or (ii) ~~the Administrative Agent’s good faith determination that~~ there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral ~~furnished by or on behalf of~~ which the Borrower shall have furnished pursuant to Section 6.02 shall not be released during the continuance of a an Event of Default (and following application as provided in this Section ~~2.13~~ 2.21 may be otherwise applied in accordance with Section ~~8.03~~6.03), and (y) ~~the Person~~ any Lender providing Cash Collateral and ~~the L/C Issuer~~ an Issuing Bank, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 1 contract

Samples: Credit Agreement (Travelers Companies, Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable ~~Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))~~Lender) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; ~~provided, however,~~ provided that (x) Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.15 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the L/C Issuer or Swing Line Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.. 91 US-DOCS\70212156.13

Appears in 1 contract

Samples: Credit Agreement (ACCO BRANDS Corp)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or to secure other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the determination by the Administrative ~~Agent’s good faith determination~~ Agent and the L/C Issuer that there exists excess Cash Collateral; provided, however, ~~that~~ (x) Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default (and following application as provided in this Section ~~2.13~~ 2.16 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 1 contract

Samples: Credit Agreement (Resource REIT, Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or to secure other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the ~~Administrative Agent’s~~ good faith determination by the Administrative Agent and the applicable L/C Issuer that there exists excess Cash Collateral; provided, however, that (x) Cash Collateral furnished by or on behalf of the ~~Borrower~~ Company or the Borrowers (including any interest thereon) shall not be released during the continuance of a an Event of Default (and following application as provided in this Section ~~2.13~~ 2.16 may be otherwise applied in accordance with Section ~~8.03~~8.03 during the continuance of an Event of Default), and (y) the Person providing Cash Collateral and the applicable L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations..

Appears in 1 contract

Samples: Credit Agreement (Ares Real Estate Income Trust Inc.)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section ~~10.06(b)(vi~~10.06(b))) or (ii) the ~~Administrative Agent’s good faith~~ determination by the Collateral Agent that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.16 may be otherwise applied in accordance with Section 8.03), ) and (y) the Person providing Cash ~~Collateral~~ Collateral, the Administrative Agent and the applicable L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.. Table of Contents

Appears in 1 contract

Samples: Security Agreement (MKS Instruments Inc)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or to secure other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the determination by the Administrative ~~Agent’s good faith determination~~ Agent and the applicable L/C Issuer that there exists excess Cash Collateral; provided, however, ~~that~~ (x) Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default (and following application as provided in this Section ~~2.13~~ 2.16 may be otherwise applied in accordance with Section 8.03), and (~~y) the~~ y)the Person providing Cash Collateral and the applicable L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 1 contract

Samples: Credit Agreement (Fortress Net Lease REIT)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable ~~Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))~~Lender) or (ii) the Administrative Agent’s good faith determination that there exists excess Cash Collateral; provided, however, ~~that~~ (x) that Cash Collateral furnished by or on behalf of ~~the Borrower~~ a Loan Party shall not be released during the continuance of a Default or Event of Default (and following application as provided in this Section ~~2.13~~ 2.24 may be otherwise applied in accordance with Section ~~8.03),~~ 9.2) and (y) the Person providing Cash Collateral and the ~~L/C Issuer~~ Servicer, the Issuing Bank or Swingline Lender, as applicable, may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 1 contract

Samples: Revolving Credit Agreement (Ruby Tuesday Inc)

Release. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or to secure other obligations shall be released promptly following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender (or, as appropriate, its assignee following compliance with Section 10.06(b)(vi))) or (ii) the 13569129v1 DOCPROPERTY DOCXDOCID DMS=iManageWork10 Format=<<NUM>>v<<VER>> PRESERVELOCATION \* MERGEFORMAT 13569129v4 determination by the Administrative ~~Agent’s good faith determination~~ Agent and the L/C Issuer that there exists excess Cash Collateral; ~~provided, however,~~ provided that (x) Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default (and following application as provided in this Section 2.13 may be otherwise applied in accordance with Section 8.03), and (y) the Person providing Cash Collateral and the L/C Issuer may agree that Cash Collateral shall not be released but instead held to support future anticipated Fronting Exposure or other obligations.

Appears in 1 contract

Samples: Credit Agreement (McGrath Rentcorp)

Common use of Release Clause in Contracts