Common use of Supporting Letter of Credit; Cash Collateral Clause in Contracts

Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of Section 2.03(b) and Section 10.01, 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 benefit of the Agent, the Letter of Credit Issuer, and the Lenders, with respect to each such Letter of Credit then outstanding, either (i) 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 its sole discretion in an amount equal to 105% of the undrawn face amount of such Letter of 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, the Letter of Credit Issuer, and the Lenders (as applicable) for payments to be made by the Letter of Credit Issuer under such Letter of Credit and any fees and expenses associated with such Letter of Credit or (ii) cash (a "Supporting Cash Deposit") in an amount equal to 105% of the undrawn face amount of such Letter of Credit, plus any fees and expenses associated with such Letter of Credit. Such Supporting Letter of Credit or Supporting Cash Deposit shall be held by the Agent, for the benefit of the Agent, the 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 remaining outstanding.

Appears in 1 contract

Samples: Loan Agreement (American Barge Line Co)

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Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of Section 2.03(b) and Section 10.011.3.2, 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, the Letter of Credit Issuer, Agent and the Lenders, with respect to each such Letter of Credit then outstanding, either (i) cash in a cash collateral account 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 collateral account 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 and any fees and expenses associated with such Letter of Credit or (ii) 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 its sole discretion in an amount equal to 105% of the undrawn face greatest amount of for which such Letter of Credit, 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, the Letter of Credit Issuer, Agent and the Lenders (as applicable) for payments to be made by the Letter of Credit Issuer Agent and the Lenders under such Letter of Credit and any fees and expenses associated with such Letter of Credit or (ii) cash (a "Supporting Cash Deposit") in an amount equal to 105% of the undrawn face amount of such Letter of Credit, plus any fees and expenses associated with such Letter of Credit. Such cash collateral account or Supporting Letter of Credit or Supporting Cash Deposit shall be held by the Agent, for the ratable benefit of the Agent, the Letter of Credit Issuer, Agent and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit remaining outstanding. Borrowers shall, on demand by the Letter of Credit Issuer or Agent from time to time, Cash Collateralize the Letter of Credit obligations of any Defaulting Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Standard Register Co)

Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of Section 2.03(b1.4(b) and Section 10.0110.1, any Letter of Credit or Acceptance is outstanding upon the termination of this Agreement, then upon such termination the Borrowers shall deposit with the Agent, for the benefit of the Agent, the Letter of Credit Issuer, Agent and the Lenders, with respect to each such Letter of Credit or Acceptance then outstanding, as the Agent in its discretion shall specify, either (i) 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 its sole discretion in an amount equal to 105% of the undrawn face greatest amount of for which such Letter of Credit, Credit or Acceptance may be drawn plus any fees and expenses associated with such Letter of CreditCredit or Acceptance, under which Supporting Letter of Credit the Agent is entitled to draw amounts necessary to reimburse the Agent, the Letter of Credit Issuer, Agent and the Lenders (as applicable) for payments to be made by the Letter of Credit Issuer Agent and the Lenders under such Letter of Credit or Acceptance and any fees and expenses associated with such Letter of Credit or Acceptance or (ii) cash (a "Supporting Cash Deposit") in an amount equal necessary to 105% of reimburse the undrawn face amount of Agent and the Lenders for payments to be made by the Agent and the Lenders under such Letter of Credit, plus Credit or Acceptance and any fees and expenses associated with such Letter of Credit. Such Supporting Letter of Credit or Supporting Cash Deposit deposit of cash shall be held by the Agent, for the benefit of the Agent, the Letter of Credit Issuer, Agent and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit or Acceptances remaining outstanding.

Appears in 1 contract

Samples: Credit Agreement (Brown Shoe Co Inc)

Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of Section 2.03(b) and Section 10.01, 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 benefit of the Agent, the Letter of Credit Issuer, and the Lenders, with respect to each such Letter of Credit then outstanding, either (i) 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 its sole discretion in an amount equal to 105% of the undrawn face amount of such Letter of 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, the Letter of Credit Issuer, and the Lenders (as applicable) for payments to be made by the Letter of Credit Issuer under such Letter of Credit and any fees and expenses associated with such Letter of Credit or (ii) cash (a "Supporting Cash Deposit") in an amount equal to 105% of the undrawn face amount of such Letter of Credit, plus any fees and expenses associated with such Letter of Credit. Such Supporting Letter of Credit or Supporting Cash Deposit shall be held by the Agent, for the benefit of the Agent, the 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 remaining outstanding.

Appears in 1 contract

Samples: Loan Agreement (Jeffboat LLC)

Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of Section 2.03(b1.3(b) and Section 10.0110.1, any Letter of Credit or Credit Support is outstanding upon the termination of this Agreement, then upon such termination the Borrowers each applicable Borrower shall deposit with the Agent, for the ratable benefit of the Agent, the Letter of Credit Issuer, Agent and the applicable Lenders, with respect to each such Letter of Credit issued for the account of such Borrower or related Credit Support then outstanding, either (i) 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 its sole discretion in an amount equal to 105% of the undrawn face greatest amount of for which such Letter of Credit, 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, the Letter of Credit Issuer, Agent and the applicable Lenders (as applicable) for payments to be made by the Letter of Credit Issuer Agent and such Lenders under such Letter of Credit or Credit Support and any fees and expenses associated with such Letter of Credit or (ii) cash (a "Supporting Cash Deposit") in an amount equal to 105% of the undrawn face amount of such Letter of Credit, plus any fees and expenses associated with such Letter of CreditCredit Support. Such Supporting Letter of Credit or Supporting Cash Deposit shall be held by the Agent, for the ratable benefit of the Agent, the Letter of Credit Issuer, Agent and the applicable 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.

Appears in 1 contract

Samples: Credit Agreement (Gentek Inc)

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Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of Section 2.03(b1.4(b) and Section 10.0110.1, any Letter of Credit or Credit Support is outstanding upon the termination of this Agreement, then upon such termination the termination, Borrowers shall deposit with the Agent, for the ratable benefit of the Agent, the Letter of Credit Issuer, Agent and the Lenders, with respect to each such Letter of Credit or Credit Support then outstanding, either cash (i"Cash Collateral") or 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 Agent, in its sole discretion each case in an amount equal to 105% of the undrawn face greatest amount of for which such Letter of Credit, 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, the Letter of Credit Issuer, Agent and the Lenders (as applicable) for payments to be made by the Letter of Credit Issuer Agent and the Lenders under such Letter of Credit or Credit Support and any fees and expenses associated with such Letter of Credit or (ii) cash (a "Supporting Cash Deposit") in an amount equal to 105% of the undrawn face amount of such Letter of Credit, plus any fees and expenses associated with such Letter of CreditCredit Support. Such Cash Collateral or Supporting Letter of Credit or Supporting Cash Deposit shall be held by the Agent, for the ratable benefit of the Agent, the Letter of Credit Issuer, 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.

Appears in 1 contract

Samples: Credit Agreement (3com Corp)

Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of Section 2.03(b1.4(b) and Section 10.0110.1, 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, the Letter of Credit Issuer, Agent and the Lenders, with respect to each such Letter of Credit or Credit Support then outstanding, either cash (i"Cash Collateral") or 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 Agent, in its sole discretion each case in an amount equal to 105% of the undrawn face greatest amount of for which such Letter of Credit, 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, the Letter of Credit Issuer, Agent and the Lenders (as applicable) for payments to be made by the Letter of Credit Issuer Agent and the Lenders under such Letter of Credit or Credit Support and any fees and expenses associated with such Letter of Credit or (ii) cash (a "Supporting Cash Deposit") in an amount equal to 105% of the undrawn face amount of such Letter of Credit, plus any fees and expenses associated with such Letter of CreditCredit Support. Such Cash Collateral or Supporting Letter of Credit or Supporting Cash Deposit shall be held by the Agent, for the ratable benefit of the Agent, the Letter of Credit Issuer, 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.

Appears in 1 contract

Samples: Credit Agreement (3com Corp)

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