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

Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of subsection 1.2.2 and Section 4, any Letter of Credit is outstanding upon the termination of this Agreement, then upon such termination, Borrowers shall deposit with Agent, for the ratable benefit of Agent and Lenders, with respect to each Letter of Credit then outstanding, either (i) a standby letter of credit in form and substance reasonably satisfactory to Agent, issued by an issuer reasonably satisfactory to Agent (a "Supporting Letter of Credit") or (ii) cash collateral, in either case in an amount equal to 105% of 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 or cash collateral Agent shall be entitled to draw amounts necessary to reimburse Agent and Lenders for payments to be made by Agent and Lenders under such Letter of Credit and any fees and expenses associated with such Letter of Credit. Such Supporting Letter of Credit or cash collateral shall be held by Agent, for the ratable benefit of Agent and Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit remaining outstanding.

Appears in 5 contracts

Samples: Loan and Security Agreement (Century Aluminum Co), Loan and Security Agreement (Century Aluminum Co), Loan and Security Agreement (Century Aluminum Co)

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Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of subsection 1.2.2 Section 1.3(b) and Section 410.1, any Letter of Credit or Credit Support is outstanding upon the termination of this Agreement, then upon such termination, 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, either (i) a standby letter of credit in form and substance reasonably satisfactory to Agent, issued by an issuer reasonably satisfactory to Agent (a "Supporting Letter of Credit") or (ii) cash collateralin form and substance reasonably satisfactory to the Agent, in either case issued by an issuer satisfactory to the Agent in an amount equal to 105% of the greatest amount for which such Letter of Credit or such Credit Support may be drawn plus any customary fees and expenses associated with such Letter of CreditCredit or such Credit Support, under which Supporting Letter of Credit or cash collateral the Agent shall be 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 Credit Support and any fees and expenses associated with such Letter of CreditCredit or Credit Support. Such Supporting Letter of Credit or cash collateral 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.

Appears in 1 contract

Samples: Credit Agreement (Unova Inc)

Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of subsection 1.2.2 Section 1.3(b) and Section 410.1, any Letter of Credit or Credit Support is outstanding upon the termination of this Agreement, then upon such termination, 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, either (i) cash collateral or a standby letter of credit in form and substance reasonably satisfactory to Agent, issued by an issuer reasonably satisfactory to Agent (a "Supporting Letter of Credit") or (ii) cash collateralin form and substance satisfactory to the Agent, in either case issued by an issuer satisfactory to the Agent in an amount equal to 105% of 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 or cash collateral the Agent shall be 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 Credit Support and any fees and expenses associated with such Letter of CreditCredit or Credit Support. Such Supporting Letter of Credit or cash collateral 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.

Appears in 1 contract

Samples: Credit Agreement (Gundle SLT Environmental Inc)

Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of subsection 1.2.2 and Section 4, any Letter of Credit is outstanding upon the termination of this Agreement, then upon such termination, Borrowers shall deposit with Agent, for the ratable benefit of Agent and Lenders, with respect to each Letter of Credit then outstanding, either (i) a standby letter of credit in form and substance reasonably satisfactory to Agent, issued by an issuer reasonably satisfactory to Agent (a "Supporting Letter of Credit") or (ii) cash collateral, in either case in an amount equal to 105102% of 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 or cash collateral Agent shall be entitled to draw amounts necessary to reimburse Agent and Lenders for payments to be made by Agent and Lenders under such Letter of Credit and any fees and expenses associated with such Letter of Credit. Such Supporting Letter of Credit or cash collateral shall be held by Agent, for the ratable benefit of Agent and 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 and Security Agreement (Century Aluminum Co)

Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of subsection 1.2.2 SECTION 1.3(B) and Section 4SECTION 10.1, any Letter of Credit or Credit Support is outstanding upon the termination of this Agreement, then upon such termination, 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, either (i) 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 (a "Supporting Letter of Credit") or (ii) cash collateral, in either case in an amount equal to 105% of 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 or cash collateral the Agent shall be 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 Credit Support and any fees and expenses associated with such Letter of CreditCredit or Credit Support. Such Supporting Letter of Credit or cash collateral 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.

Appears in 1 contract

Samples: Credit Agreement (North American Pipe Corp)

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Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of subsection 1.2.2 Section 1.4(b) and Section 410.1, any Letter of Credit or Credit Support is outstanding upon the termination of this Agreement, then upon such termination, 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, either (i) 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 (a "Supporting Letter of Credit") or (ii) cash collateral, in either case in an amount equal to 105% of 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 or cash collateral the Agent shall be 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 Credit Support and any fees and expenses associated with such Letter of CreditCredit or Credit Support. Such Supporting Letter of Credit or cash collateral 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.

Appears in 1 contract

Samples: Credit Agreement (MWI Veterinary Supply, Inc.)

Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of subsection 1.2.2 Section 1.3(c) and Section 410.1, any Letter of Credit is outstanding upon the termination of this Agreement, then upon such termination, Borrowers termination Borrower shall deposit with Agent, for the ratable benefit of Agent and Lenderseach Lender, with respect to each Letter of Credit issued for the account of Borrower then outstanding, either (i) a in cash or standby letter letters of credit (“Supporting Letters of Credit”) in form and substance reasonably satisfactory to Agenteach Lender, issued by an issuer reasonably satisfactory to Agent (a "Supporting Letter of Credit") or (ii) cash collateralthe Agent, in either case in an amount equal to 105102% of each Lender’s Pro Rata Share of 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 Letters of Credit or cash collateral such Lender and Agent shall be is entitled to draw amounts necessary to reimburse the Agent and the applicable Lenders for payments to be made by the Agent and such Lenders under such Letter of Credit and any fees and expenses associated with such Letter of Credit. Such Supporting Letter Letters of Credit or cash collateral shall be held by each Lender and Agent, for the ratable benefit of Agent and 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: Credit Agreement (Johnstone Tank Trucking Ltd.)

Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of subsection 1.2.2 Section 1.3(b) and Section 410.1, any Letter of Credit or Credit Support is outstanding upon the termination of this Agreement, then upon such termination, Borrowers termination the 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, either (i) a standby letter of credit (a “Supporting Letter of Credit”) in form and substance reasonably satisfactory to Agent, issued by an issuer reasonably satisfactory to the Agent (a "Supporting Letter of Credit") or (ii) cash collateral, in either case in an amount equal to 105% of 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 or cash collateral the Agent shall be 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 Credit Support and any fees and expenses associated with such Letter of CreditCredit or Credit Support. Such Supporting Letter of Credit or cash collateral 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.

Appears in 1 contract

Samples: Credit Agreement (Applica Inc)

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