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 2.3 and SECTION 14, any Letter of Credit is outstanding upon the termination of this Agreement, then upon such termination the Borrower shall deposit with the Lender, at its discretion, with respect to each Letter of Credit then outstanding, either (A) a standby letter of credit (a "Supporting Letter of Credit") in form and substance reasonably satisfactory to the Lender, issued by an issuer reasonably satisfactory to the Lender in an amount equal to the greatest amount for which such Letter of Credit may be drawn, under which Supporting Letter of Credit the Lender is entitled to draw amounts necessary to reimburse the Lender for payments made by the Lender under such Letter of Credit or under any credit support or enhancement provided through the Lender with respect thereto in accordance with this Agreement, or (B) cash in amounts necessary to reimburse the Lender for payments made by the Lender under such Letter of Credit or under any credit support or enhancement provided through the Lender in accordance with this Agreement. Such Supporting Letter of Credit or deposit of cash shall be held by the Lender, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit remaining outstanding and returned if not drawn.

Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this SECTION 2.3 Section 2.3(b) and SECTION 14Section 12.1, any Letter of Credit Vendor Inventory Financing is outstanding upon the termination of this Agreement, then upon such termination the Borrower shall deposit with the LenderAdministrative Agent, at its discretionfor the ratable benefit of the Co-Agents and the Lenders, with respect to each Letter of Credit Vendor Inventory Financing 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 reasonably satisfactory to the LenderCo-Agents, issued by an issuer reasonably satisfactory to the Lender Co-Agents in an amount equal to the greatest maximum amount for which of such Letter of Credit may be drawnVendor Inventory Financing, under which Supporting Letter of Credit the Lender Administrative Agent is entitled to draw amounts necessary to reimburse the Lender Co-Agents and the Lenders for payments to be made by the Lender Co- Agents and the Lenders under such Vendor Inventory Financing and any fees and expenses associated with such Letter of Credit or under any credit support or enhancement provided through the Lender with respect thereto in accordance with this AgreementCredit, or (B) cash in amounts necessary to reimburse the Lender Co-Agents and the Lenders for payments made by the Lender Co-Agents or the Lenders under such Letter of Credit Vendor Inventory Financing or under any credit support or enhancement provided through the Lender in accordance Administrative Agent with this Agreementrespect thereto and any fees and expenses associated with such Vendor Inventory Financing. Such Supporting Letter of Credit or deposit of cash shall be held by the LenderAdministrative Agent, for the ratable benefit of the Co-Agents and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn unfunded amount of such Letters of Credit Vendor Inventory Financing remaining outstanding and returned if not drawnoutstanding.

Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this SECTION 2.3 Section 2.4(b) and SECTION 14, Section 12.1 any Letter of Credit is outstanding upon the termination of this Agreement, then upon such termination the Borrower shall deposit with the LenderAdministrative Agent, at its discretionfor the ratable benefit of the Co-Agents 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 reasonably satisfactory to the LenderCo-Agents, issued by an issuer reasonably satisfactory to the Lender Co-Agents in an amount equal to the greatest amount for which such Letter of Credit may be drawndrawn plus any fees and expenses associated with such Letter of Credit, under which Supporting Letter of Credit the Lender Administrative Agent is entitled to draw amounts necessary to reimburse the Lender Co-Agents and the Lenders for payments to be made by the Lender Co-Agents and the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Lender Administrative Agent with respect thereto in accordance and any fees and expenses associated with this Agreementsuch Letter of Credit, or (B) cash in amounts necessary to reimburse the Lender Co-Agents and the Lenders for payments made by the Lender Co-Agents or the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Lender in accordance Administrative Agent with this Agreementrespect 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 LenderAdministrative Agent, for the ratable benefit of the Co-Agents and the Lenders, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit remaining outstanding and returned if not drawnoutstanding.

Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this SECTION Section 2.3 and SECTION 14, Section 14 any Letter of Credit (including an IRB Letter of Credit) is outstanding upon the termination of this Agreement, then upon such termination the Borrower Borrowers shall deposit with the Lender, at its discretion, with respect to each Letter of Credit then outstanding, either (A) a standby letter of credit (a "Supporting Letter of Credit") in form and substance reasonably satisfactory to the Lender, issued by an issuer reasonably satisfactory to the Lender in an amount equal to the greatest amount for which such Letter of Credit may be drawn, under which Supporting Letter of Credit the Lender is entitled to draw amounts necessary to reimburse the Lender for payments made by the Lender under such Letter of Credit or under any credit support or enhancement provided through the Lender with respect thereto in accordance with this Agreementthereto, or (B) cash in amounts necessary to reimburse the Lender for payments made by the Lender under such Letter of Credit or under any credit support or enhancement provided through the Lender in accordance with this AgreementLender. Such Supporting Letter of Credit or deposit of cash shall be held by the Lender, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit remaining outstanding and returned if not drawnoutstanding.

Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this SECTION 2.3 Sections 2.3, 2.5 and SECTION 14, any Letter of Credit or Banker s Acceptance is outstanding upon the termination of this Agreement, then upon such termination the Borrower Borrowers shall deposit with the Lender, at its discretion, with respect to each Letter of Credit and Banker s Acceptance then outstanding, either (A) a standby letter of credit (a "Supporting Letter of Credit"Credit ) in form and substance reasonably satisfactory to the Lender, issued by an issuer reasonably satisfactory to the Lender in an amount equal to the greatest amount for which such Letter of Credit or Banker s Acceptance may be drawn, under which Supporting Letter of Credit the Lender is entitled to draw amounts necessary to reimburse the Lender for payments made by the Lender under such Letter of Credit or Banker s Acceptance or under any credit support or enhancement provided through the Lender with respect thereto in accordance with this Agreementthereto, or (B) cash in amounts necessary to reimburse the Lender for payments made by the Lender under such Letter of Credit or Banker s Acceptance or under any credit support or enhancement provided through the Lender in accordance with this AgreementLender. Such Supporting Letter of Credit or deposit of cash shall be held by the Lender, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit and Banker s Acceptances remaining outstanding and returned if not drawn.outstanding. 3.12 Subsection (b) of Section 3.1 of the Loan Agreement is hereby amended to read in its entirety as follows:

Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this SECTION 2.3 Section 2.3(b) (Amounts; Outside Expiration Date) and SECTION 14, Section 12.1 (Term and Termination) any Letter of Credit is outstanding upon the termination of this Agreement, then upon such termination the Borrower shall deposit with the LenderAgent, at its discretionfor 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, (or in the absence of such specification, as the Agent may specify) either (Ai) a standby letter of credit (a "Supporting Letter of Credit") in form and substance reasonably satisfactory to the LenderAgent, issued by an issuer reasonably satisfactory to the Lender Agent in an amount equal to the greatest amount for which such Letter of Credit may be drawndrawn plus any fees and expenses associated with such Letter of Credit, under which Supporting Letter of Credit the Lender Agent is entitled to draw amounts necessary to reimburse the Lender Agent and the Lenders for payments made by the Lender Agent and the Lenders under such Letter of Credit or under and any credit support or enhancement provided through the Lender fees and expenses associated with respect thereto in accordance with this Agreementsuch Letter of Credit, or (Bii) cash in amounts necessary to reimburse the Lender Agent and the Lenders for payments made by the Lender Agent or the Lenders under such Letter of Credit or under and any credit support or enhancement provided through the Lender in accordance fees and expenses associated with this Agreementsuch Letter of Credit. Such Supporting Letter of Credit or deposit of cash shall be held by the LenderAgent, 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 remaining outstanding and returned if not drawnoutstanding.

Supporting Letter of Credit; Cash Collateral. If, notwithstanding the provisions of this SECTION 2.3 and SECTION 14, Section 2.4(b) any Letter of Credit is outstanding upon the termination of this Agreement, then upon such termination the Borrower Borrowers shall deposit with the LenderAgent, at its discretionfor the ratable benefit of the Secured Creditors, with respect to each Letter of Credit then outstanding, as the Agent shall specify, either (A) a standby letter of credit (a "Supporting Letter of Credit") in form and substance reasonably satisfactory to the LenderAgent, issued by an issuer reasonably satisfactory to the Lender Agent in an amount equal to the greatest amount for which such Letter of Credit may be drawn, under which Supporting Letter of Credit the Lender Agent is entitled to draw amounts necessary to reimburse the Lender Agent and the Lenders for payments made by the Lender Agent and the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Lender Agent with respect thereto in accordance with this Agreementthereto, or (B) cash in amounts necessary to reimburse the Lender Agent and the Lenders for payments made by the Lender Agent or the Lenders under such Letter of Credit or under any credit support or enhancement provided through the Lender in accordance Agent with this Agreementrespect thereto. Such Supporting Letter of Credit or deposit of cash shall be held by the LenderAgent, for the ratable benefit of the Secured Creditors, as security for, and to provide for the payment of, the aggregate undrawn amount of such Letters of Credit remaining outstanding and returned if not drawnoutstanding.