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

Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section and Section 8, any Letter of Credit is outstanding upon the termination of this Agreement, then upon such termination the Borrower shall deposit with the Administrative Agent, for the ratable benefit of the Issuing Lenders and the Revolving Credit Lenders, with respect to each Letter of Credit then outstanding, as the Majority Revolving Credit Facility Lenders in their discretion shall specify, either (i) 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, the Issuing Lenders and the Revolving Credit Lenders for payments to be made under or in connection with such Letter of Credit and any fees and expenses associated with such Letter of Credit, or (ii) cash in amounts necessary to reimburse the Administrative Agent, the Issuing Lenders and the Revolving Credit Lenders for payments made under or in connection with such Letter of Credit and any fees and expenses associated with such Letter of Credit. Such Supporting Letter of Credit or deposit of cash shall be held by the Administrative Agent, for the ratable benefit of the Administrative Agent, the Issuing Lenders and the Revolving Credit Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit remaining outstanding. Reasonable interest shall accrue on any such cash deposit, which accrued interest shall be for the account of the Borrower, subject to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Parker Drilling Co /De/)

AutoNDA by SimpleDocs

Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section and Section 82.3(a), any Letter of Credit is outstanding upon the termination of this Agreement, then upon such termination the Borrower Borrowers shall deposit with the Administrative Agent, for the ratable benefit of the Issuing Lenders and the Revolving Credit Lenders, Collateral Agent with respect to each such Letter of Credit then outstanding, as the Majority Revolving Credit Facility Lenders Agent in their its discretion shall specify, either (i) a standby letter of credit (a "Supporting Letter of Credit") in form and substance satisfactory to the Administrative Revolving Agent, issued by an issuer satisfactory to the Administrative Revolving Agent in an amount equal to the greatest amount for which such Letter of Credit may be drawn drawn, plus any fees and expenses associated with such Letter of Credit, under which Supporting Letter of Credit the Administrative Collateral Agent is entitled to draw amounts necessary to reimburse the Administrative Issuing Lender, the Revolving Agent, the Issuing Lenders and the Revolving Credit Lenders for payments to be made by the Issuing Lender, the Revolving Agent, and the Revolving Lenders under or in connection with such Letter of Credit and any fees and expenses associated with such Letter of Credit, Credit or (ii) cash in amounts an amount necessary to reimburse the Administrative Issuing Lender, the Revolving Agent, the Issuing Lenders and the Revolving Credit Lenders for payments to be made by the Issuing Lender, the Revolving Agent, and the Revolving Lenders under or in connection with such Letter of Credit and any fees and expenses associated with such Letter of Credit. Such Supporting Letter of Credit or deposit of cash shall be held by the Administrative Collateral Agent, for the ratable benefit of the Administrative Issuing Lender, the Revolving Agent, the Issuing Lenders and the Revolving Credit Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit remaining outstanding. Reasonable interest shall accrue on any such cash deposit, which accrued interest shall be for the account of the Borrower, subject to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Friedmans Inc)

Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section 1.3(b) and Section 810.1, any Letter of Credit or Credit Support is outstanding upon the termination of this Agreement, then upon such termination the Borrower Borrowers shall deposit with the Administrative Agent, for the ratable benefit of the Issuing Lenders Administrative Agent and the Revolving Credit Lenders, with respect to each Letter of Credit or Credit Support then outstanding, as the Majority Revolving Credit Facility Lenders in their discretion Administrative Agent shall specify, either (i) 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 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 Creditdrawn, under which Supporting Letter of Credit the Administrative Agent is entitled to draw amounts necessary to reimburse the Administrative Agent, the Issuing Lenders Agent and the Revolving Credit Lenders for payments to be made by Administrative Agent and the Lenders under or in connection with such Letter of Credit or Credit Support and any fees and expenses associated with such Letter of Credit, Credit or Credit Support or (ii) cash collateral in amounts necessary an amount equal to reimburse 105% of the Administrative Agent, the Issuing Lenders and the Revolving Credit Lenders greatest amount for payments made under or in connection with which such Letter of Credit or such Credit Support may be drawn, which Administrative Agent is entitled to apply as necessary to reimburse Administrative Agent and the Lenders for payments to be made by Administrative 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 deposit of cash shall be held by the Administrative Agent, for the ratable benefit of the Administrative Agent, the Issuing Lenders Agent and the Revolving Credit 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. Reasonable interest shall accrue on any such cash deposit, which accrued interest shall be for the account of the Borrower, subject to this Agreement.

Appears in 1 contract

Samples: Post Petition Credit Agreement (Cone Mills Corp)

Supporting Letter of Credit; Cash Collateral. If, notwithstanding -------------------------------------------- the provisions of this Section and Section 82.10(b), any Letter of Credit is outstanding upon the --------------- termination of this Agreement, then upon such termination the Borrower Borrowers shall cause the termination of such Letter of Credit. If, at the Administrative Agent's election, any such Letter of Credit remains outstanding, then the Borrowers shall deposit with the Administrative Agent, for the ratable benefit of the Issuing Lenders Administrative Agent and the Revolving Credit Lenders, with respect to each Letter of Credit then outstanding, as the Majority Revolving Credit Facility Lenders in their discretion Administrative Agent shall specify, either (iA) 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 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, the Issuing Lenders Agent and the Revolving Credit Lenders for payments to be made by the Administrative Agent and the Revolving Lenders under or in connection with such Letter of Credit and any fees and expenses associated with such Letter of Credit, or (iiB) cash in amounts necessary to reimburse the Administrative Agent, the Issuing Lenders Agent and the Revolving Credit Lenders for payments made by the Administrative Agent or the Revolving Lenders under or in connection with such Letter of Credit Credit, and any fees and expenses associated associat ed with such Letter of Credit. Such Supporting Letter of Credit or deposit of cash shall be held by the Administrative Agent, for the ratable benefit of the Administrative Agent, the Issuing Lenders Agent and the Revolving Credit Lenders, as security for, and to provide for the payment of, the aggregate undrawn face amount of such Letters of Credit remaining outstanding. Reasonable interest shall accrue on any such cash deposit, which accrued interest shall be for the account of the Borrower, subject to this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Paetec Corp)

Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section 1.4(b) and Section 810.1, any Letter of Credit or Credit Support is outstanding upon the termination of this Agreement, then upon such termination the Borrower Borrowers shall deposit with the Administrative Agent, for the ratable benefit of the Issuing Lenders Administrative Agent and the Revolving Credit Lenders, with respect to each Letter of Credit or Credit Support then outstanding, as the Majority Revolving Credit Facility Lenders in their discretion shall specify, either (i) cash or Cash Equivalents as collateral, in form and substance satisfactory to the Administrative Agent, for at least 110% of all reimbursement obligations that may arise under any such Letter of Credit or Credit Support, or (ii) 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 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 Administrative Agent is entitled to draw amounts necessary to reimburse the Administrative Agent, the Issuing Lenders Agent and the Revolving Credit Lenders for payments to be made by the Administrative Agent and the Lenders under or in connection with such Letter of Credit or Credit Support and any fees and expenses associated with such Letter of Credit, Credit or (ii) cash in amounts necessary to reimburse the Administrative Agent, the Issuing Lenders and the Revolving Credit Lenders for payments made under or in connection with such Letter of Credit and any fees and expenses associated with such Letter of CreditSupport. Such Supporting Letter of Credit or deposit of cash shall be held by the Administrative Agent, for the ratable benefit of the Administrative Agent, the Issuing Lenders Agent and the Revolving Credit 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. Reasonable interest Borrowers shall, on demand by the Administrative Agent, deposit with the Administrative Agent cash or Cash Equivalents as collateral, in form and substance satisfactory to the Administrative Agent, in an amount equal to each Defaulting Lender’s Fronting Exposure. If Borrowers fail to provide any cash or Cash Equivalents as collateral as required hereunder, the Lenders may (and shall accrue on any such cash deposit, which accrued interest shall be for the account upon direction of the BorrowerAdministrative Agent) advance, subject to this Agreementas Revolving Loans, the amount of cash or Cash Equivalents as required (whether or not the Commitments have terminated or the conditions in Section 8 are satisfied) in accordance with Section 12.15.

Appears in 1 contract

Samples: Credit Agreement (Kforce Inc)

Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section and Section 8SECTION 2.10(b), any Letter of Credit is outstanding upon the termination of this Agreement, then upon such termination the Borrower Borrowers shall cause the termination of such Letter of Credit. If, at the Agent's election, any such Letter of Credit remains outstanding, then the Borrowers shall deposit with the Administrative Agent, for the ratable benefit of the Issuing Lenders Agent and the Revolving Credit Lenders, with respect to each Letter of Credit then outstanding, as the Majority Revolving Credit Facility Lenders in their discretion Agent shall specify, either (iA) a standby letter of credit (a "Supporting Letter of CreditSUPPORTING LETTER OF CREDIT") in form and substance satisfactory to the Administrative AgentRequired Revolving Lenders, 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 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, the Issuing Lenders Agent and the Revolving Credit Lenders for payments to be made by the Agent and the Revolving Lenders under or in connection with such Letter of Credit or under any Credit Support provided through the Agent with respect thereto and any fees and expenses associated with such Letter of Credit, or (iiB) cash in amounts necessary to reimburse the Administrative Agent, the Issuing Lenders Agent and the Revolving Credit Lenders for payments made by the Agent or the Revolving Lenders under or in connection with such Letter of Credit or under any Credit Support provided through the Agent with respect thereto, and any fees and expenses associated with such Letter of Credit. Such Supporting Letter of Credit or deposit of cash shall be held by the Administrative Agent, for the ratable benefit of the Administrative Agent, the Issuing Lenders Agent and the Revolving Credit Lenders, as security for, and to provide for the payment of, the aggregate undrawn face amount of such Letters of Credit remaining outstanding. Reasonable interest shall accrue on any such cash deposit, which accrued interest shall be for the account of the Borrower, subject to this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (KMC Telecom Holdings Inc)

AutoNDA by SimpleDocs

Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section SECTION 2.3(b) and Section 8, SECTION 12.1 any Letter of Credit or Credit Support is outstanding upon the termination of this Agreement, then upon such termination the Borrower for whose account such Letter of Credit or such Credit Support was issued shall deposit with the Administrative Agent, for the ratable benefit of the Issuing Lenders Agent and the Revolving Credit Lenders, with respect to each such Letter of Credit or such Credit Support then outstanding, as the Majority Revolving Credit Facility Lenders in their discretion shall specify, either (i) a standby letter of credit (a "Supporting Letter of CreditLETTER 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 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 Administrative Agent is entitled to draw amounts necessary to reimburse the Administrative Agent, the Issuing Lenders Agent and the Revolving Credit Lenders for payments to be made by the Agent and the Lenders under or in connection with such Letter of Credit or such Credit Support and any fees and expenses associated with such Letter of CreditCredit or such Credit Support, or (ii) cash in amounts necessary to reimburse the Administrative Agent, the Issuing Lenders Agent and the Revolving Credit Lenders for payments made by the Agent or the Lenders under or in connection with such Letter of Credit or such Credit Support and any fees and expenses associated with such Letter of CreditCredit or such Credit Support. Such Supporting Letter of Credit or deposit of cash shall be held by the Administrative Agent, for the ratable benefit of the Administrative Agent, the Issuing Lenders Agent and the Revolving Credit 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. Reasonable interest shall accrue on any such cash deposit, which accrued interest shall be for the account of the Borrower, subject to this Agreement.

Appears in 1 contract

Samples: Post Petition Loan Agreement (Metals Usa Inc)

Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section and Section 82.10(b), any Letter of Credit is outstanding upon the termination of this Agreement, then upon such termination the Borrower Borrowers shall cause the termination of such Letter of Credit. If, at the Administrative Agent’s election, any such Letter of Credit remains outstanding, then the Borrowers shall deposit with the Administrative Agent, for the ratable benefit of the Issuing Lenders Administrative Agent and the Revolving Credit Lenders, with respect to each Letter of Credit then outstanding, as the Majority Revolving Credit Facility Lenders in their discretion Administrative Agent shall specify, either (iA) 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 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, the Issuing Lenders Agent and the Revolving Credit Lenders for payments to be made by the Administrative Agent and the Revolving Lenders under or in connection with such Letter of Credit and any fees and expenses associated with such Letter of Credit, or (iiB) cash in amounts necessary to reimburse the Administrative Agent, the Issuing Lenders Agent and the Revolving Credit Lenders for payments made by the Administrative Agent or the Revolving Lenders under or in connection with such Letter of Credit Credit, and any fees and expenses associated with such Letter of Credit. Such Supporting Letter of Credit or deposit of cash shall be held by the Administrative Agent, for the ratable benefit of the Administrative Agent, the Issuing Lenders Agent and the Revolving Credit Lenders, as security for, and to provide for the payment of, the aggregate undrawn face amount of such Letters of Credit remaining outstanding. Reasonable interest shall accrue on any such cash deposit, which accrued interest shall be for the account of the Borrower, subject to this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Paetec Corp)

Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this Section 1.3(b) and Section 810.1, any Letter of Credit or Credit Support is outstanding upon the termination of this Agreement, then upon such termination the Borrower Borrowers shall deposit with the Administrative Agent, for the ratable benefit of the Issuing Lenders Agent and the Revolving Credit Lenders, with respect to each Letter of Credit or Credit Support then outstanding, as the Majority Revolving Credit Facility Lenders in their discretion shall specify, either (i) cash in a cash collateral account 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 Credit or such Credit Support, 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 or Credit Support and any fees and expenses associated with such Letter of Credit or Credit Support or (ii) 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 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 Administrative Agent is entitled to draw amounts necessary to reimburse the Administrative Agent, the Issuing Lenders Agent and the Revolving Credit Lenders for payments to be made by the Agent and the Lenders under or in connection with such Letter of Credit or Credit Support and any fees and expenses associated with such Letter of Credit, Credit or (ii) cash in amounts necessary to reimburse the Administrative Agent, the Issuing Lenders and the Revolving Credit Lenders for payments made under or in connection with such Letter of Credit and any fees and expenses associated with such Letter of CreditSupport. Such cash collateral account or Supporting Letter of Credit or deposit of cash shall be held by the Administrative Agent, for the ratable benefit of the Administrative Agent, the Issuing Lenders Agent and the Revolving Credit 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. Reasonable interest shall accrue on any such cash deposit, which accrued interest shall be for the account of the Borrower, subject to this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Unifi Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!