Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section 2.18 and any other provision of this Agreement, any Letter of Credit is outstanding upon the termination of this Agreement, then upon such termination the Borrowers shall deposit with the Agent, for the ratable benefit of the Agent and the Lenders, with respect to each Letter of Credit then outstanding, as the Majority Lenders, in their discretion, shall specify, either (A) a standby letter of credit (a “Supporting Letter of Credit”) in form and substance satisfactory to the Agent, issued by an issuer satisfactory to the Agent in an amount equal to the greatest amount for which such Letter of Credit may be drawn plus any fees and expenses associated with such Letter of Credit, under which Supporting Letter of Credit the Agent is entitled to draw amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent and the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit support, or (B) cash in amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent or the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent and any fees and expenses associated with such Letter of Credit or credit support. Such Supporting Letter of Credit or deposit of cash shall be held by the Agent, for the ratable benefit of the Agent and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit or such credit support remaining outstanding. At Agent’s or Letter of Credit Issuer’s request, Borrowers shall cash collateralize in a manner satisfactory to Agent the Fronting Exposure of any Defaulting Lender.
Appears in 4 contracts
Samples: Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.)
Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section Paragraph 2.18 and any other provision of this Agreement, any Letter of Credit is outstanding upon the termination of this Agreement, then upon such termination the Borrowers shall deposit with the Agent, for the ratable benefit of the Agent and the Lenders, with respect to each Letter of Credit then outstanding, as the Majority Lenders, in their discretion, shall specify, either (A) a standby letter of credit (a “Supporting Letter of Credit”) in form and substance satisfactory to the Agent, issued by an issuer satisfactory to the Agent in an amount equal to the greatest amount for which such Letter of Credit may be drawn plus any fees and expenses associated with such Letter of Credit, under which Supporting Letter of Credit the Agent is entitled to draw amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent and the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit support, or (B) cash in amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent or the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent and any fees and expenses associated with such Letter of Credit or credit support. Such Supporting Letter of Credit or deposit of cash shall be held by the Agent, for the ratable benefit of the Agent and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit or such credit support remaining outstanding. At Agent’s or Letter of Credit Issuer’s request, Borrowers shall cash collateralize in a manner satisfactory to Agent the Fronting Exposure of any Defaulting Lender.
Appears in 3 contracts
Samples: Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.)
Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section 2.18 and any other provision of this Agreement, any Letter of Credit is outstanding upon the termination of this Agreement, then upon such termination the Borrowers shall deposit with the Agent, for the ratable benefit of the Agent and the Lenders, with respect to each Letter of Credit then outstanding, as the Majority Lenders, in their discretion, shall specify, either (A) a standby letter of credit (a “Supporting Letter of Credit”) in form and substance satisfactory to the Agent, issued by an issuer satisfactory to the Agent in an amount equal to the greatest amount for which such Letter of Credit may be drawn plus any fees and expenses associated with such Letter of Credit, under which Supporting Letter of Credit the Agent is entitled to draw amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent and the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit support, or (B) cash in amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent or the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent and any fees and expenses associated with such Letter of Credit or credit support. Such Supporting Letter of Credit or deposit of cash shall be held by the Agent, for the ratable benefit of the Agent and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit or such credit support remaining outstanding. At Agent’s 's or Letter of Credit Issuer’s 's request, Borrowers shall cash collateralize in a manner satisfactory to Agent the Fronting Exposure of any Defaulting Lender.
Appears in 3 contracts
Samples: Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.), Loan and Security Agreement (Regional Management Corp.)
Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section 2.18 2.4(b) and any other provision of this Agreement, Section 12.1 any Letter of Credit is outstanding upon the termination of this Agreement, then upon such termination the Borrowers Borrower shall deposit with the Agent, for the ratable benefit of the Agent and the Lenders, with respect to each Letter of Credit then outstanding, as the Majority Lenders, in their discretion, discretion shall specify, either (A) a standby letter of credit (a “"Supporting Letter of Credit”") in form and substance satisfactory to the Agent, issued by an issuer satisfactory to the Agent in an amount equal to the greatest amount for which such Letter of Credit may be drawn plus any fees and expenses associated with such Letter of Credit, under which Supporting Letter of Credit the Agent is entitled to draw amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent and the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit, or (B) cash in amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent or the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit. Such Supporting Letter of Credit or deposit of cash shall be held by the Agent, for the ratable benefit of the Agent and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit or such credit support remaining outstanding. At Agent’s or Letter of Credit Issuer’s request, Borrowers shall cash collateralize in a manner satisfactory to Agent the Fronting Exposure of any Defaulting Lender.
Appears in 2 contracts
Samples: Loan Agreement (United States Leather Inc /Wi/), Loan and Security Agreement (United States Leather Inc /Wi/)
Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section 2.18 SECTION 2.4(b) and any other provision of this AgreementSECTION 12.1, any Letter of Credit issued for the account of the Borrower is outstanding upon the termination of this Agreement, then upon such termination the Borrowers Borrower shall deposit with the Agent, for the ratable benefit of the Agent and the Lenders, with respect to each Letter of Credit then outstanding, as the Majority Lenders, in their discretion, discretion shall specify, either (A) a standby letter of credit (a “"Supporting Letter of Credit”") in form and substance satisfactory to the Agent, issued by an issuer satisfactory to the Agent in an amount equal to the greatest amount for which such Letter of Credit may be drawn plus any fees and expenses associated with such Letter of Credit, under which Supporting Letter of Credit the Agent is entitled to draw amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent and the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit, or (B) cash in amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent or the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit. Such Supporting Letter of Credit or deposit of cash shall be held by the Agent, for the ratable benefit of the Agent and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit or such credit support remaining outstanding. At Agent’s or Letter of Credit Issuer’s request, Borrowers shall cash collateralize in a manner satisfactory to Agent the Fronting Exposure of any Defaulting Lender.
Appears in 1 contract
Samples: Loan and Security Agreement (Strategic Distribution Inc)
Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section 2.18 2.3(b) and any other provision of this Agreement, Section 12.1 any Letter of Credit or Credit Support is outstanding upon the termination of this Agreement, then upon such termination the Borrowers Borrower for whose account such Letter of Credit or such Credit Support was issued shall deposit with the Agent, for the ratable benefit of the Agent and the Lenders, with respect to each such Letter of Credit or such Credit Support then outstanding, as the Majority Lenders, Lenders in their discretion, discretion shall specify, either (Ai) a standby letter of credit (a “"Supporting Letter of Credit”") in form and substance satisfactory to the Agent, issued by an issuer satisfactory to the Agent in an amount equal to the greatest amount for which such Letter of Credit or such Credit Support may be drawn plus any fees and expenses associated with such Letter of CreditCredit or such Credit Support, under which Supporting Letter of Credit the Agent is entitled to draw amounts necessary to reimburse the Agent and the Lenders for payments to be made by the Agent and the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto such Credit Support and any fees and expenses associated with such Letter of Credit or credit supportsuch Credit Support, or (Bii) cash in amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent or the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent such Credit Support and any fees and expenses associated with such Letter of Credit or credit supportsuch Credit Support. Such Supporting Letter of Credit or deposit of cash shall be held by the Agent, for the ratable benefit of the Agent and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit or such credit support Credit Support remaining outstanding. At Agent’s or Letter of Credit Issuer’s request, Borrowers shall cash collateralize in a manner satisfactory to Agent the Fronting Exposure of any Defaulting Lender.
Appears in 1 contract
Supporting Letter of Credit; Cash Collateral. If, notwithstanding the -------------------------------------------- provisions of this Section 2.18 2.4(b) and any other provision of this Agreement, Section 12.1 any Letter of Credit is -------------- ------------ outstanding upon the termination of this Agreement, then upon such termination the Borrowers Borrower shall deposit with the Agent, for the ratable benefit of the Agent and the Lenders, with respect to each Letter of Credit then outstanding, as the Majority Lenders, in their discretion, discretion shall specify, either (A) a standby letter of credit (a “"Supporting Letter of Credit”") in form and substance satisfactory to the Agent, issued by an issuer satisfactory to the Agent in an amount equal to the greatest amount for which such Letter of Credit may be drawn plus any fees and expenses associated with such Letter of Credit, under which Supporting Letter of Credit the Agent is entitled to draw amounts necessary to reimburse the Agent and the Lenders for payments to be made by the Agent and the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit, or (B) cash in amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent or the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit. Such Supporting Letter of Credit or deposit of cash shall be held by the Agent, for the ratable benefit of the Agent and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit or such credit support remaining outstanding. At Agent’s or Letter of Credit Issuer’s request, Borrowers shall cash collateralize in a manner satisfactory to Agent the Fronting Exposure of any Defaulting Lender.
Appears in 1 contract
Samples: Loan and Security Agreement (Advanced Micro Devices Inc)
Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section 2.18 2.4(b) and any other provision of this Agreement, Section 12.1 any Letter of Credit is outstanding upon the termination of this Agreement, then upon such termination the Borrowers applicable Borrower shall deposit with the Administrative Agent, for the ratable benefit of the Administrative Agent and the Lenders, with respect to each Letter of Credit issued for the account of such Borrower then outstanding, as the Majority Lenders, in their discretion, discretion shall specify, either (A) a standby letter of credit (a “"Supporting Letter of Credit”") in form and substance satisfactory to the Administrative Agent, issued by an issuer satisfactory to the Administrative Agent in an amount equal to the greatest amount for which such Letter of Credit may be drawn plus any fees and expenses associated with such Letter of Credit, under which Supporting Letter of Credit the Administrative Agent is entitled to draw amounts necessary to reimburse the Administrative Agent and the Lenders for payments made by the Administrative Agent and the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Administrative Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit, or (B) cash in amounts necessary to reimburse the Administrative Agent and the Lenders for payments made by the Administrative Agent or the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Administrative Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit. Such Supporting Letter of Credit or deposit of cash shall be held by the Administrative Agent, for the ratable benefit of the Administrative Agent and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit or such credit support remaining outstanding. At Agent’s or Letter of Credit Issuer’s request, Borrowers shall cash collateralize in a manner satisfactory to Agent the Fronting Exposure of any Defaulting Lender.
Appears in 1 contract
Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section 2.18 and any other provision of this AgreementSection 8, any Letter of Credit is outstanding upon the termination of this Agreement, then upon such termination the Borrowers Borrower shall deposit with the Administrative Agent, for the ratable benefit of the Agent Issuing Lenders and the Lenders, with respect to each Letter of Credit then outstanding, as the Majority Lenders, Required Lenders in their discretion, discretion shall specify, either (Ai) a standby letter of credit (a “"Supporting Letter of Credit”") in form and substance satisfactory to the Administrative Agent, issued by an issuer satisfactory to the Administrative Agent in an amount equal to the greatest amount for which such Letter of Credit may be drawn plus any fees and expenses associated with such Letter of Credit, under which Supporting Letter of Credit the Administrative Agent is entitled to draw amounts necessary to reimburse the Agent Administrative Agent, the Issuing Lenders and the Lenders for payments to be made by the Agent and the Lenders under or in connection with such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit, or (Bii) cash in amounts necessary to reimburse the Agent Administrative Agent, the Issuing Lenders and the Lenders for payments made by the Agent under or the Lenders under in connection with such Letter of Credit or under any credit support or enhancement provided through the Agent and any fees and expenses associated with such Letter of Credit or credit supportCredit. Such Supporting Letter of Credit or deposit of cash shall be held by the Administrative Agent, for the ratable benefit of the Agent Administrative Agent, the Issuing Lenders and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit or such credit support remaining outstanding. At Agent’s or Letter Reasonable interest shall accrue on any such cash deposit, which accrued interest shall be for the account of Credit Issuer’s requestthe Borrower, Borrowers shall cash collateralize in a manner satisfactory subject to Agent the Fronting Exposure of any Defaulting Lenderthis Agreement.
Appears in 1 contract
Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section 2.18 2.3(b) and any other provision of this Agreement, Article XII any Letter of Credit is outstanding upon the termination of this AgreementAgreement or after an Event of Default shall occur and be continuing, then (i) upon such termination or (ii) upon the Borrowers request of the Agents after an Event of Default, the Borrower for whose account such Letter of Credit was issued shall deposit with the Collateral Agent, for the ratable benefit of the Agent Letter of Credit Issuer and the Lenders, with respect to each such Letter of Credit then outstanding, as the Majority Lenders, Lenders in their discretion, discretion shall specify, either (Ax) a standby letter of credit (a “Supporting Letter of Credit”) in form and substance satisfactory to the AgentAgents, issued by an issuer satisfactory to the Agent Agents in an amount equal to the greatest amount for which such Letter of Credit may be drawn plus any fees and expenses associated with such Letter of Credit, under which Supporting Letter of Credit the Collateral Agent is entitled to draw amounts necessary to reimburse the Agent Letter of Credit Issuer and the Lenders for payments to be made by the Agent Letter of Credit Issuer and the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit, or (By) cash in amounts necessary to reimburse the Agent Letter of Credit Issuer and the Lenders for payments made by the Agent Letter of Credit Issuer or the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent and any fees and expenses associated with such Letter of Credit or credit supportCredit. Such Supporting Letter of Credit or deposit of cash shall be held by the Collateral Agent, for the ratable benefit of the Agent Letter of Credit Issuer and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit or such credit support remaining outstanding. At Agent’s or Letter of Credit Issuer’s request, Borrowers shall cash collateralize in a manner satisfactory to Agent the Fronting Exposure of any Defaulting Lender.
Appears in 1 contract
Samples: Loan and Security Agreement (Metals USA Plates & Shapes Southcentral, Inc.)
Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section 2.18 2.4(b) and any other provision of this Agreement, Section 12.1 any Letter of Credit is outstanding upon the termination of this Agreement, then upon such termination the Borrowers Borrower shall deposit with the Agent, for the ratable benefit of the Agent and the Lenders, with respect to each Letter of Credit then outstanding, as the Majority Lenders, in their discretion, discretion shall specify, either (A) a standby letter of credit (a “"Supporting Letter of Credit”") in form and substance satisfactory to the Agent, issued by an issuer reasonably satisfactory to the Agent in an amount equal to the greatest amount for which such Letter of Credit may be drawn plus any fees and expenses associated with such Letter of Credit, under which Supporting Letter of Credit the Agent is entitled to draw amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent and the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit, or (B) cash in amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent or the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit. Such Supporting Letter of Credit or deposit of cash shall be held by the Agent, for the ratable benefit of the Agent and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit or such credit support remaining outstanding. At Agent’s or , and shall be returned by the Agent upon the Borrower's request, to the extent not utilized, at the end of the 91-day period following the expiration of such Letter of Credit Issuer’s request, Borrowers shall cash collateralize in a manner satisfactory to Agent and the Fronting Exposure payment of any Defaulting Lenderall fees and expenses associated with such Letter of Credit.
Appears in 1 contract
Samples: Loan, Guaranty and Security Agreement (Riddell Sports Inc)
Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section 2.18 2.3(b) and any other provision of this AgreementSection 12.1, any Letter of Credit is outstanding upon the termination of this Agreement, then upon such termination the Borrowers Borrower shall deposit with the Agent, for the ratable benefit of the Agent and the Lenders, with respect to each Letter of Credit then outstanding, as the Majority Lenders, in their discretion, discretion shall specify, either (A) a standby letter of credit (a “"Supporting Letter of Credit”") in form and substance satisfactory to the Agent, issued by an issuer satisfactory to the Agent in an amount equal to the greatest amount for which such Letter of Credit may be drawn plus any fees and expenses associated with such Letter of Creditdrawn, under which Supporting Letter of Credit the Agent is entitled to draw amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent and the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportthereto, or (B) cash in amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent or the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent and any fees and expenses associated with such Letter of Credit or credit supportrespect thereto. Such Supporting Letter of Credit or deposit of cash shall be held by the Agent, for the ratable benefit of the Agent and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit or such credit support remaining outstanding. At Agent’s or Letter In the event an Event of Credit Issuer’s requestDefault occurs and is continuing, Borrowers shall the Borrower agrees to cash collateralize outstanding letters of credit ("Designated Cash Collateral") by means of making Revolving Loans or otherwise but the Lenders are under no obligation to make Revolving Loans in a manner satisfactory to Agent excess of the Fronting Exposure of any Defaulting LenderMaximum Revolver Amount or the Availability.
Appears in 1 contract
Samples: Loan and Security Agreement (Consolidated Freightways Corp)
Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section 2.18 2.4(b) and any other provision of this AgreementSection 12.1, any Letter of Credit issued for the account of a Borrower is outstanding upon the termination of this Agreement, then upon such termination the Borrowers such Borrower shall deposit with the Agent, for the ratable benefit of the Agent and the Lenders, with respect to each Letter of Credit then outstanding, as the Majority Lenders, in their discretion, discretion shall specify, either (A) a standby letter of credit (a “"Supporting Letter of Credit”") in form and substance satisfactory to the Agent, issued by an issuer satisfactory to the Agent in an amount equal to the greatest amount for which such Letter of Credit may be drawn plus any fees and expenses associated with such Letter of Credit, under which Supporting Letter of Credit the Agent is entitled to draw amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent and the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit, or (B) cash in amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent or the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit. Such Supporting Letter of Credit or deposit of cash shall be held by the Agent, for the ratable benefit of the Agent and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit or such credit support remaining outstanding. At Agent’s or Letter of Credit Issuer’s request, Borrowers shall cash collateralize in a manner satisfactory to Agent the Fronting Exposure of any Defaulting Lender.
Appears in 1 contract
Samples: Loan and Security Agreement (Strategic Distribution Inc)
Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section 2.18 SECTION 2.4(B) and any other provision of this AgreementSECTION 12.1, any Letter of Credit or Credit Support is outstanding upon the termination of this Agreement, then upon such termination the Borrowers shall deposit with the Agent, for the ratable benefit of the Agent and the Lenders, with respect to each Letter of Credit or Credit Support then outstanding, as the Majority Required Lenders, in their discretion, discretion shall specify, either (A) a standby letter of credit (a “"Supporting Letter of Credit”") in form and substance satisfactory to the Agent, issued by an issuer satisfactory to the Agent in an amount equal to the greatest amount for which such Letter of Credit or such Credit Support may be drawn plus any fees and expenses associated with such Letter of CreditCredit or such Credit Support, under which Supporting Letter of Credit the Agent is entitled to draw amounts necessary to reimburse the Agent and the Lenders for payments to be made by the Agent and the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto Credit Support and any fees and expenses associated with such Letter of Credit or credit supportCredit Support, or (B) cash in amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent or the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent such Credit Support and any fees and expenses associated with such Letter of Credit or credit supportCredit. Such Supporting Letter of Credit or deposit of cash shall be held by the Agent, for the ratable benefit of the Agent and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit or such credit support Credit Support remaining outstanding. At Agent’s or Letter of Credit Issuer’s request, Borrowers shall cash collateralize in a manner satisfactory to Agent the Fronting Exposure of any Defaulting Lender.
Appears in 1 contract
Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section 2.18 2.4(b) and any other provision of this Agreement, Section 12.1 any Letter of Credit is outstanding upon the termination of this Agreement, then upon such termination the Borrowers Borrower shall deposit with the Agent, for the ratable benefit of the Agent and the Lenders, with respect to each Letter of Credit then outstanding, as the Majority Lenders, in their discretion, discretion shall specify, either (A) a standby letter of credit (a “Supporting Letter of Credit”) in form and substance satisfactory to the Agent, issued by an issuer satisfactory to the Agent in an amount equal to 105% of the greatest undrawn face amount for which of such Letter of Credit may be drawn Credit, plus any fees and expenses associated with such Letter of Credit, under which Supporting Letter of Credit the Agent is entitled to draw amounts necessary to reimburse the Agent and the Lenders for payments to be made by the Agent and the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit, or (B) cash (a “Supporting Cash Deposit”) in amounts necessary an amount equal to reimburse 105% of the Agent and the Lenders for payments made by the Agent or the Lenders under undrawn face amount of such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit. Such Supporting Letter of Credit or deposit of cash Supporting Cash Deposit shall be held by the Agent, for the ratable benefit of the Agent and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit or such credit support remaining outstanding. At Agent’s or Letter .
(g) Section 4.5 of Credit Issuer’s request, Borrowers shall cash collateralize the Loan Agreement is hereby amended and restated in a manner satisfactory to Agent the Fronting Exposure of any Defaulting Lender.its entirety as follows:
Appears in 1 contract
Samples: Loan and Security Agreement (Advanced Micro Devices Inc)
Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section 2.18 2.4(b) and any other provision of this Agreement, Section 12.1 any Letter of Credit is outstanding upon the termination of this Agreement, then upon such termination the Borrowers Borrower shall deposit with the Agent, for the ratable benefit of the Agent and the Lenders, with respect to each Letter of Credit then outstanding, as the Majority Lenders, in their discretion, discretion shall specify, either (A) a standby letter of credit (a “Supporting Letter of Credit”) in form and substance satisfactory to the Agent, issued by an issuer satisfactory to the Agent in an amount equal to the greatest amount for which such Letter of Credit may be drawn plus any fees and expenses associated with such Letter of Credit, under which Supporting Letter of Credit the Agent is entitled to draw amounts necessary to reimburse the Agent and the Lenders for payments to be made by the Agent and the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit, or (B) cash in amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent or the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit. Such Supporting Letter of Credit or deposit of cash shall be held by the Agent, for the ratable benefit of the Agent and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit or such credit support remaining outstanding. At Agent’s or Letter of Credit Issuer’s request, Borrowers shall cash collateralize in a manner satisfactory to Agent the Fronting Exposure of any Defaulting Lender.
Appears in 1 contract
Samples: Loan and Security Agreement (Advanced Micro Devices Inc)
Supporting Letter of Credit; Cash Collateral. If, -------------------------------------------- notwithstanding the provisions of this Section 2.18 2.4(b) and any other provision of this Agreement, Section 12.1 any Letter of -------------- ------------ Credit is outstanding upon the termination of this Agreement, then upon such termination the Borrowers shall deposit with the Agent, for the ratable benefit of the Agent and the Lenders, with respect to each Letter of Credit then outstanding, as the Majority Lenders, in their discretion, discretion shall specify, either (A) a standby letter of credit (a “"Supporting Letter of Credit”") in form and substance satisfactory to the Agent, issued by an issuer satisfactory to the Agent in an amount equal to the greatest amount for which such Letter of Credit may be drawn plus any fees and expenses associated with such Letter of Credit, under which Supporting Letter of Credit the Agent is entitled to draw amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent and the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit, or (B) cash in amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent or the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit. Such Supporting Letter of Credit or deposit of cash shall be held by the Agent, for the ratable benefit of the Agent and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit or such credit support remaining outstanding. At Agent’s or Letter of Credit Issuer’s request, Borrowers shall cash collateralize in a manner satisfactory to Agent the Fronting Exposure of any Defaulting Lender.
Appears in 1 contract
Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section 2.18 2.4(b) and any other provision of this Agreement, Section 12.1 any Letter of Credit is outstanding upon the termination of this Agreement, then upon such termination the Borrowers Borrower for whose account such Letter of Credit was issued shall deposit with the Agent, for the ratable benefit of the Agent and the Lenders, with respect to each Letter of Credit then outstanding, as the Majority Lenders, Lenders in their discretion, discretion shall specify, either (Ai) a standby letter of credit (a “"Supporting Letter of Credit”") in form and substance satisfactory to the Agent, issued by an issuer satisfactory to the Agent in an amount equal to the greatest amount for which such Letter of Credit may be drawn plus any fees and expenses associated with such Letter of Credit, under which Supporting Letter of Credit the Agent is entitled to draw amounts necessary to reimburse the Agent and the Lenders for payments to be made by the Agent and the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit, or (Bii) cash in amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent or the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit. Such Supporting Letter of Credit or deposit of cash shall be held by the Agent, for the ratable benefit of the Agent and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit or such credit support remaining outstanding. At Agent’s or Letter Interest shall accrue on any such cash deposit at a rate acceptable to the Bank, which accrued interest shall be for the account of Credit Issuer’s requestthe Borrowers, Borrowers shall cash collateralize in a manner satisfactory subject to Agent the Fronting Exposure of any Defaulting Lenderthis Agreement.
Appears in 1 contract
Samples: Loan and Security Agreement (Parker Drilling Co /De/)
Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section 2.18 2.4(b) and any other provision of this Agreement, Section 12.1 any Letter of Credit is outstanding upon on the termination of this AgreementTermination Date, then upon on such termination date the Borrowers shall deposit with the Agent, for the ratable benefit of the Agent and the Lenders, with respect to each Letter of Credit then outstanding, as the Majority Lenders, in their discretion, discretion shall specify, either (Ai) a standby letter of credit (a “Supporting Letter of Credit”) in form and substance satisfactory to the Agent, Agent issued by an issuer satisfactory to the Agent in an amount equal to the greatest amount for which such Letter of Credit may be drawn plus any fees and expenses associated with such Letter of Credit (but, in any event, in an amount not less than 105% of the amount of such Letter of Credit), under which Supporting Letter of Credit the Agent is entitled to draw amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent and the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit, or (Bii) cash in amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent or the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit support(which amounts, in any event, shall not be less than 105% of the amount of such Letter of Credit). Such Supporting Letter of Credit or deposit of cash shall be held by the Agent, for the ratable benefit of the Agent and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit or remaining outstanding and all fees and expenses associated with such credit support remaining outstanding. At Agent’s or Letter Letters of Credit Issuer’s request, Borrowers shall cash collateralize in a manner satisfactory to Agent the Fronting Exposure of any Defaulting LenderCredit.
Appears in 1 contract
Samples: Loan and Security Agreement (Manhattan Bagel Co Inc)
Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section 2.18 SECTION 2.4(b) and any other provision of this AgreementSECTION 12.1, any Letter of Credit is outstanding upon the termination of this Agreement, then upon such termination the Borrowers Borrower shall deposit with the Agent, for the ratable benefit of the Agent and the Lenders, with respect to each Letter of Credit then outstanding, as the Majority Lenders, in their discretion, discretion shall specify, either (A) a standby letter of credit (a “"Supporting Letter of Credit”") in form and substance satisfactory to the Agent, issued by an issuer reasonably satisfactory to the Agent in an amount equal to the greatest amount for which such Letter of Credit may be drawn plus any fees and expenses associated with such Letter of Credit, under which Supporting Letter of Credit the Agent is entitled to draw amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent and the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit, or (B) cash in amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent or the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit. Such Supporting Letter of Credit or deposit of cash shall be held by the Agent, for the ratable benefit of the Agent and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit or such credit support remaining outstanding. At Agent’s or , and shall be returned by the Agent upon the Borrower's request, to the extent not utilized, at the end of the 91-day period following the expiration of such Letter of Credit Issuer’s request, Borrowers shall cash collateralize in a manner satisfactory to Agent and the Fronting Exposure payment of any Defaulting Lenderall fees and expenses associated with such Letter of Credit.
Appears in 1 contract
Samples: Loan, Guaranty and Security Agreement (Riddell Sports Inc)
Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section 2.18 2.3(b) and any other provision of this Agreement, Section 12.1 any Letter of Credit is outstanding upon the termination of this Agreement, then upon such termination the Borrowers Borrower and the other Loan Parties shall deposit with the Agent, for the ratable benefit of the Agent and the Lenders, with respect to each Letter of Credit then outstanding, as the Majority Lenders, in their discretion, reasonable discretion shall specify, either (A) a standby letter of credit (a “"Supporting Letter of Credit”") in form and substance reasonably satisfactory to the Agent, issued by an issuer reasonably satisfactory to the Agent in an amount equal to the greatest amount for which such Letter of Credit may be drawn plus any fees and expenses associated with such Letter of Credit, under which Supporting Letter of Credit the Agent is entitled to draw amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent and the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit, or (B) cash in amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent or the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit. Such Supporting Letter of Credit or deposit of cash shall be held by the Agent, for the ratable benefit of the Agent and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit or such credit support remaining outstanding. At Agent’s or Letter of Credit Issuer’s request, Borrowers shall cash collateralize in a manner satisfactory to Agent the Fronting Exposure of any Defaulting Lender.
Appears in 1 contract
Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section 2.18 2.4(b) and any other provision of this Agreement, Section 12.1 any Letter of Credit is outstanding upon the termination of this Agreement, then upon such termination the Borrowers Borrower shall deposit with the Agent, for the ratable benefit of the Agent and the Lenders, with respect to each Letter of Credit then outstanding, as the Majority Lenders, in their discretion, discretion shall specify, either (A) a standby letter of credit (a “"Supporting Letter of Credit”") in form and substance satisfactory to the Agent, issued by an issuer satisfactory to the Agent in an amount equal to the greatest amount for which such Letter of Credit may be drawn plus any fees and expenses associated with such Letter of Credit, under which Supporting Letter of Credit the Agent is entitled to draw amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent and the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit, or (B) cash in amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent or the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit or credit supportCredit. Such Supporting Letter of Credit or deposit of cash shall be held by the Agent, for the ratable benefit of the Agent and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit or such credit support remaining outstanding. At Agent’s , so long as the same shall remain outstanding, and all reimbursement and other Obligations, whether arising before or Letter of Credit Issuer’s requestafter draw, Borrowers shall cash collateralize in a manner satisfactory remain unpaid, the Agent agreeing to Agent the Fronting Exposure of any Defaulting Lenderrelease such security from time to time as Obligations so secured are unconditionally satisfied.
Appears in 1 contract
Samples: Loan and Security Agreement (Centrum Industries Inc)
Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section 2.18 2.3(b) and any other provision of this AgreementSection 12.1, any Letter of Credit or Credit Support is outstanding upon the termination of this Agreement, then upon such termination the Borrowers Borrower shall deposit with the Agent, for the ratable benefit of the Agent and the Lenders, with respect to each Letter of Credit or Credit Support then outstanding, as the Majority Required Lenders, in their discretion, discretion shall specify, either (A) a standby letter of credit (a “"Supporting Letter of Credit”") in form and substance satisfactory to the Agent, issued by an issuer satisfactory to the Agent in an amount equal to the greatest amount for which such Letter of Credit or such Credit Support may be drawn plus any fees and expenses associated with such Letter of CreditCredit or such Credit Support, under which Supporting Letter of Credit the Agent is entitled to draw amounts necessary to reimburse the Agent and the Lenders for payments to be made by the Agent and the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent with respect thereto Credit Support and any fees and expenses associated with such Letter of Credit or credit supportCredit Support, or (B) cash in amounts necessary to reimburse the Agent and the Lenders for payments made by the Agent or the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Agent such Credit Support and any fees and expenses associated with such Letter of Credit or credit supportCredit. Such Supporting Letter of Credit or deposit of cash shall be held by the Agent, for the ratable benefit of the Agent and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit or such credit support Credit Support remaining outstanding. At Agent’s or Letter of Credit Issuer’s request, Borrowers shall cash collateralize in a manner satisfactory to Agent the Fronting Exposure of any Defaulting Lender.
Appears in 1 contract
Samples: Loan and Security Agreement (Anchor Glass Container Corp /New)