Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (ii) the determination by Administrative Agent and the Issuing Banks that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 22 contracts

Samples: Senior Secured Revolving Credit Agreement (Sixth Street Specialty Lending, Inc.), Senior Secured Revolving Credit Agreement (Sixth Street Specialty Lending, Inc.), Senior Secured Revolving Credit Agreement (Sixth Street Lending Partners)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank~~any L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 9.4(c) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and the ~~Issuing Banks~~ L/C Issuer that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 1.14 the Person providing Cash Collateral and ~~each Issuing Bank~~ the L/C Issuer may agree (but shall not be obligated to) that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 15 contracts

Samples: Credit Agreement (Necessity Retail REIT, Inc.), Credit Agreement (American Finance Trust, Inc), Credit Agreement (American Finance Trust, Inc)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank~~any L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.14(c) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and ~~the Issuing Banks~~ each L/C Issuer that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.14, the Person providing Cash Collateral and each ~~Issuing Bank~~ L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; ~~provided, further,~~ and provided further that to the extent that such Cash Collateral was provided by ~~Borrower~~the Borrower or any other Loan Party, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 13 contracts

Samples: Credit Agreement (Sonida Senior Living, Inc.), Credit Agreement (Willdan Group, Inc.), Credit Agreement (Shimmick Corp)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (ii) the determination by Administrative Agent and ~~the~~ Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, the Person providing Cash Collateral and ~~each~~ Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 11 contracts

Samples: Senior Secured Revolving Credit Agreement (Stellus Capital Investment Corp), Senior Secured Revolving Credit Agreement (Stellus Capital Investment Corp), Senior Secured Revolving Credit Agreement (Stellus Capital Investment Corp)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (i) the elimination or reduction of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable ~~Lender~~Lender or giving effect to Section 2.19(a)(iii)) or (ii) the determination by Administrative Agent and ~~the~~ Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, the Person providing Cash Collateral and ~~each~~ Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 10 contracts

Samples: Senior Secured Revolving Credit Agreement (Goldman Sachs BDC, Inc.), Senior Secured Revolving Credit Agreement (Goldman Sachs BDC, Inc.), Senior Secured Revolving Credit Agreement (Goldman Sachs BDC, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.08(j) following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (ii) the determination by the Administrative Agent and ~~the~~ each Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 4.05 the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 9 contracts

Samples: Credit Agreement (Us Energy Corp), Credit Agreement (Sundance Energy Inc.), Credit Agreement (Sundance Energy Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank~~any LC Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.16 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and ~~the Issuing Banks~~ each LC Issuer that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.15, the Person providing Cash Collateral and each ~~Issuing Bank~~ LC Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure;~~ Exposure or other obligations and provided, ~~further,~~ further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 9 contracts

Samples: Credit Agreement (Eastern Co), Credit Agreement (Purple Innovation, Inc.), Credit Agreement (Purple Innovation, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing ~~Bank~~Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.15 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 2.16 the Person providing Cash Collateral and ~~each~~ the Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the ~~Loan~~ Credit Documents.

Appears in 9 contracts

Samples: Credit Agreement (Berry Petroleum Corp), Credit Agreement (Berry Petroleum Corp), Credit Agreement (Jagged Peak Energy Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable ~~Lender~~Lender or giving effect to Section 2.19(a)(iii)) or (ii) the determination by the Administrative Agent and the Issuing Banks that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 9 contracts

Samples: Senior Secured Revolving Credit Agreement (Varagon Capital Corp), Senior Secured Revolving Credit Agreement (Bain Capital Specialty Finance, Inc.), Senior Secured Revolving Credit Agreement (Bain Capital Private Credit)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing ~~Bank~~Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.20 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and ~~the~~ each Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.21, the Person providing Cash Collateral and each Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the ~~Loan~~ Credit Documents.

Appears in 8 contracts

Samples: Credit Agreement (Ani Pharmaceuticals Inc), Credit Agreement (Fluent, Inc.), Credit Agreement (Fluent, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank’s~~ the Fronting Exposure of the Issuing Bank shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.09 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.10, the Person providing Cash Collateral and ~~each~~ the Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; ~~provided, further,~~ and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 8 contracts

Samples: Senior Secured Revolving Credit Agreement (Viper Energy Partners LP), Credit Agreement (Diamondback Energy, Inc.), Senior Secured Revolving Credit Agreement (Viper Energy Partners LP)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank~~L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.18 following (ix) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (iiy) the determination by the Administrative Agent and ~~the Issuing Banks~~ L/C Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section ~~2.19~~2.18, the Person providing Cash Collateral and ~~each Issuing Bank~~ L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; provided, further, that to the extent that such Cash Collateral was provided by ~~Borrower~~the Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 7 contracts

Samples: Credit Agreement (MGM Resorts International), Credit Agreement (MGM Resorts International), Credit Agreement (MGM Resorts International)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (i) the elimination or reduction of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable ~~Lender~~Lender or giving effect to Section 2.19(a)(iii)) or (ii) the determination by Administrative Agent and the Issuing Banks that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 7 contracts

Samples: Senior Secured Revolving Credit Agreement (North Haven Private Income Fund LLC), Senior Secured Revolving Credit Agreement (North Haven Private Income Fund a LLC), Senior Secured Revolving Credit Agreement (North Haven Private Income Fund LLC)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank~~any Letter of Credit Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.16 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and ~~the Issuing Banks~~ each Letter of Credit Issuer that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 2.15 the Person providing Cash Collateral and each ~~Issuing Bank~~ Letter of Credit Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations and; provided, further, that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the ~~Loan~~ Credit Documents.

Appears in 7 contracts

Samples: Credit Agreement (WideOpenWest, Inc.), Credit Agreement (WideOpenWest Finance, LLC), Credit Agreement (WideOpenWest Finance, LLC)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank~~the L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 9.4(c) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and the ~~Issuing Banks~~ L/C Issuer that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 1.14 the Person providing Cash Collateral and ~~each Issuing Bank~~ the L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 7 contracts

Samples: Credit Agreement (Whitestone REIT), Credit Agreement (Whitestone REIT), Credit Agreement (Whitestone REIT)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing ~~Bank~~Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.3(i) following (ia) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iib) the determination by the Administrative Agent and the Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; provided that, (1) subject to ~~the other provisions of this~~ Section ~~2.19~~2.17, the Person providing Cash Collateral and ~~each~~ the Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided~~Exposure or other obligations, ~~further, that~~ and (2) to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the ~~Loan~~ Credit Documents.

Appears in 6 contracts

Samples: Credit Agreement (Nine Energy Service, Inc.), Credit Agreement (Nine Energy Service, Inc.), Credit Agreement (Nine Energy Service, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank~~any L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 9.4(c) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and the ~~Issuing Banks~~ L/C Issuer that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 1.14 the Person providing Cash Collateral and ~~each Issuing Bank~~ the L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 6 contracts

Samples: Credit Agreement (Umh Properties, Inc.), Credit Agreement (Umh Properties, Inc.), Credit Agreement (Umh Properties, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank~~the L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.14 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by Administrative Agent and the ~~Issuing Banks~~ L/C Issuer that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.15, the Person providing Cash Collateral and ~~each Issuing Bank~~ the L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure;~~ Exposure or other obligations and provided, further, that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 6 contracts

Samples: Senior Secured Super Priority Debtor in Possession Credit Agreement (Gulfport Energy Corp), Restructuring Support Agreement (Gulfport Energy Corp), Credit Agreement (Gulfport Energy Corp)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing ~~Bank~~Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.26 and shall promptly be returned to the Person providing such Cash Collateral following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and ~~the~~ each Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.27, the Person providing Cash Collateral and each Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; and provided, ~~further,~~ further that to the extent that such Cash Collateral was provided by ~~Borrower~~the Company, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 6 contracts

Samples: Credit Agreement (Harsco Corp), Credit Agreement (Harsco Corp), Credit Agreement (Harsco Corp)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank’s~~ the LC Issuers’ Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.22(d) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent ~~and the Issuing Banks~~ that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of~~ this Section ~~2.19,~~ 2.22 the Person providing Cash Collateral and ~~each Issuing Bank~~ the Administrative Agent may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 5 contracts

Samples: Credit Agreement (Extra Space Storage Inc.), Credit Agreement (Extra Space Storage Inc.), Credit Agreement (Extra Space Storage Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing ~~Bank~~Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.07(i) following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.16, the Person providing Cash Collateral and ~~each~~ the Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; ~~provided, further,~~ and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 5 contracts

Samples: Credit Agreement (Penn Virginia Corp), Master Assignment, Borrowing Base Increase Agreement, and Amendment No. 6 to Credit Agreement (Penn Virginia Corp), Credit Agreement (Gastar Exploration Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing ~~Bank~~Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and ~~the~~ each Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 2.24(c) the Person providing Cash Collateral and each Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 5 contracts

Samples: Credit Agreement, Credit Agreement (National CineMedia, Inc.), Credit Agreement (National CineMedia, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank~~the LC Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.22(d) following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the ~~Issuing Banks~~ LC Issuer that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of~~ this Section ~~2.19,~~ 2.22 the Person providing Cash Collateral and ~~each Issuing Bank~~ the LC Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 5 contracts

Samples: Credit Agreement (Universal Electronics Inc), Credit Agreement (Universal Electronics Inc), Credit Agreement (Orchids Paper Products CO /DE)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank’s~~ Fronting Exposure or other obligations shall no longer be required to be held as Cash Collateral ~~pursuant to this Section 2.19~~ following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by ~~Administrative~~ the Agent and the Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of~~ this Section ~~2.19~~2.11, the Person providing Cash Collateral and ~~each~~ the Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 5 contracts

Samples: Credit Agreement (Viasat Inc), Credit Agreement (Viasat Inc), Credit Agreement (Viasat Inc)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank’s~~ the LC Issuers’ Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.22(d) following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the ~~Issuing Banks~~ LC Issuers that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of~~ this Section ~~2.19,~~ 2.22 the Person providing Cash Collateral and ~~each Issuing Bank~~ the LC Issuers may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by a Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 5 contracts

Samples: Credit Agreement (Arcbest Corp /De/), Credit Agreement (Arcbest Corp /De/), Credit Agreement (Arcbest Corp /De/)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce each Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.16 following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (iiB) the determination by ~~Administrative~~ the Agent and ~~the~~ each Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section ~~2.19~~2.16, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; provided, further, that to the extent that such Cash Collateral was provided by ~~Borrower~~the Company, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 5 contracts

Samples: Credit Agreement (CNO Financial Group, Inc.), Credit Agreement (CNO Financial Group, Inc.), Credit Agreement (CNO Financial Group, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing ~~Bank~~Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.24 and shall promptly be returned to the Person providing such Cash Collateral following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and ~~the~~ each Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.25, the Person providing Cash Collateral and each Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; and provided, ~~further,~~ further that to the extent that such Cash Collateral was provided by ~~Borrower~~the Company, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 5 contracts

Samples: Credit Agreement (Verint Systems Inc), Credit Agreement (Verint Systems Inc), Refinancing Amendment and Joinder Agreement (Verint Systems Inc)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank~~any L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 9.4(c) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and the ~~Issuing Banks~~ L/C Issuer that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 1.14 hereof the Person providing Cash Collateral and ~~each Issuing Bank~~ the L/C Issuer may agree (but shall not be obligated to) that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 5 contracts

Samples: Credit Agreement (Centerspace), Credit Agreement (Centerspace), Credit Agreement (Investors Real Estate Trust)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.24 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (ii) the determination by the Administrative Agent and the Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 2.25 the Person providing Cash Collateral and ~~each~~ the Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 5 contracts

Samples: Amendment and Restatement Agreement (Advanced Disposal Services, Inc.), Credit Agreement (Advanced Disposal Services, Inc.), Credit Agreement (ADS Waste Holdings, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (iiB) the determination by the Administrative Agent ~~and~~ or the applicable Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, the Person providing Cash Collateral and ~~each~~ the applicable Issuing Bank may agree that the Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; ~~provided, further,~~ provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 5 contracts

Samples: Credit Agreement (Ironwood Pharmaceuticals Inc), Credit Agreement (Allegro Microsystems, Inc.), Credit Agreement (Allegro Microsystems, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank~~any L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 1.13(c) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and ~~the Issuing Banks~~ each L/C Issuer that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~1.13, the Person providing Cash Collateral and each ~~Issuing Bank~~ L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; ~~provided, further,~~ and provided further that to the extent that such Cash Collateral was provided by ~~Borrower~~the Borrower or any other Loan Party, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 4 contracts

Samples: Credit Agreement (StoneX Group Inc.), Credit Agreement (StoneX Group Inc.), Credit Agreement (Intl Fcstone Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank~~any L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 9.4(c) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and the ~~Issuing Banks~~ L/C Issuer that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 1.12 the Person providing Cash Collateral and ~~each Issuing Bank~~ the L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 4 contracts

Samples: Credit Agreement (StoneX Group Inc.), Credit Agreement (StoneX Group Inc.), Credit Agreement (Intl Fcstone Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing ~~Bank~~Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral and shall be returned to the Person that provided such Cash Collateral pursuant to this Section ~~2.19~~ 2.11 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and ~~the~~ each Issuing ~~Banks~~ Lender that there exists excess Cash ~~Collateral~~Collateral (in which case any Cash Collateral provided by any Borrower shall be returned prior to the return of any Cash Collateral to any Defaulting Lender); provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 2.12 the Person providing Cash Collateral and each Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan DocumentsExposure or other obligations.

Appears in 4 contracts

Samples: Long Term Credit Agreement (Whirlpool Corp /De/), Long Term Credit Agreement (Whirlpool Corp /De/), Long Term Credit Agreement (Whirlpool Corp /De/)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.21 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), and upon the occurrence of such event, the Cash Collateral provided by the Borrower shall be promptly returned to the Borrower, or (ii) the determination by the Administrative Agent and ~~the~~ each Issuing ~~Banks~~ Bank that there exists excess Cash Collateral, and upon the occurrence of such event, such excess Cash Collateral shall be promptly returned to the Borrower, to the extent such excess amount was provided by the Borrower; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.22, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan DocumentsExposure or other obligations.

Appears in 4 contracts

Samples: Credit Agreement (Service Corp International), Credit Agreement (Service Corp International), Credit Agreement (Service Corp International)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank~~any LC Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.16 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and ~~the Issuing Banks~~ each LC Issuer that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.15, the Person providing Cash Collateral and each ~~Issuing Bank~~ LC Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure;~~ Exposure or other obligations and provided, ~~further,~~ further that to the extent that such Cash Collateral was provided by the U.S. Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 4 contracts

Samples: Credit Agreement (GTT Communications, Inc.), Credit Agreement (GTT Communications, Inc.), Credit Agreement (GTT Communications, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank~~the L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 9.3(b) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and the ~~Issuing Banks~~ L/C Issuer that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 2.15 the Person providing Cash Collateral and ~~each Issuing Bank~~ the L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 4 contracts

Samples: Credit Agreement (LTC Properties Inc), Credit Agreement (LTC Properties Inc), Credit Agreement (LTC Properties Inc)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing ~~Bank~~Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by ~~Administrative~~ Agent and ~~the~~ each Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 2.6 the Person providing Cash Collateral and each Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; ~~provided, further,~~ provided further that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 4 contracts

Samples: Credit Agreement (A-Mark Precious Metals, Inc.), Credit Agreement (A-Mark Precious Metals, Inc.), Credit Agreement (A-Mark Precious Metals, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing ~~Bank~~Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 5.12 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 2.9 the Person providing Cash Collateral and ~~each~~ the Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to ~~the Loan Documents~~Section 5.12(a) above.

Appears in 4 contracts

Samples: Credit Agreement (TWFG, Inc.), Credit Agreement (TWFG, Inc.), Credit Agreement (TWFG, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable ~~Lender~~Lender or giving effect to Section 2.19(a)(iii)) or (ii) the determination by Administrative Agent and ~~the~~ Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, the Person providing Cash Collateral and ~~each~~ Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 4 contracts

Samples: Senior Secured Revolving Credit Agreement (Pennantpark Investment Corp), Senior Secured Revolving Credit Agreement (Pennantpark Investment Corp), Senior Secured Revolving Credit Agreement (Pennantpark Investment Corp)

Termination of Requirement. Cash ~~Collateral~~ collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure shall no longer be required to be held as ~~Cash Collateral~~ cash collateral pursuant to this Section ~~2.19~~ 2.18 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing ~~Banks~~ Bank that there exists excess ~~Cash Collateral~~cash collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 2.17 the Person providing ~~Cash Collateral~~ cash collateral and ~~each~~ the Issuing Bank may agree that ~~Cash Collateral~~ cash collateral shall be held to support future anticipated Fronting ~~Exposure;~~ Exposure or other obligations, and provided, further, that to the extent that such ~~Cash Collateral~~ cash collateral was provided by the Borrower, such ~~Cash Collateral~~ cash collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 4 contracts

Samples: Credit Agreement (Quintana Energy Services Inc.), Credit Agreement (Quintana Energy Services Inc.), Credit Agreement (Quintana Energy Services Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (ii) the determination by the Administrative Agent and the Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, the Person providing Cash Collateral and ~~each~~ the Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 4 contracts

Samples: Senior Secured Revolving Credit Agreement, Credit Agreement (TCG Bdc, Inc.), Senior Secured Revolving Credit Agreement (Carlyle GMS Finance, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank’s~~ the Fronting Exposure of the Swing Line Lender shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.25 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the good faith determination by the Administrative ~~Agent and~~ Agent, the ~~Issuing Banks~~ Swing Line Lender that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.21, the Person providing Cash Collateral and ~~each Issuing Bank~~ the Swing Line Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; ~~provided, further,~~ and provided further that to the extent that such Cash Collateral was provided by ~~Borrower~~the Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 4 contracts

Samples: Credit Agreement (Fortegra Group, Inc), Credit Agreement (Tiptree Inc.), Credit Agreement (Tiptree Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the TALC Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 3.28 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by ~~Administrative Agent and~~ the TALC Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; ~~provided~~ provided, that, subject to ~~the other provisions of this~~ Section ~~2.19~~3.27, the Person providing Cash Collateral and ~~each~~ the TALC Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; and, provided, further, that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the ~~Loan~~ Collateral Documents.

Appears in 4 contracts

Samples: Credit Agreement, Credit Agreement (NRG Yield, Inc.), Credit Agreement (NRG Yield, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank~~any Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.13(c) following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by ~~Administrative~~ the Agent and ~~the Issuing Banks~~ each Issuer that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.13, the Person providing Cash Collateral and each ~~Issuing Bank~~ Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; ~~provided, further,~~ and provided further that to the extent that such Cash Collateral was provided by ~~Borrower~~any Borrower or Guarantor, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 4 contracts

Samples: Credit Agreement (EMCOR Group, Inc.), Credit Agreement (EMCOR Group, Inc.), Credit Agreement (Emcor Group Inc)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing ~~Bank~~Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 4.13 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and ~~the~~ each Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~4.12, the Person providing Cash Collateral and each Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 4 contracts

Samples: Amendment Agreement (CatchMark Timber Trust, Inc.), Credit Agreement (CatchMark Timber Trust, Inc.), Joinder and Amendment Agreement (CatchMark Timber Trust, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.4(i) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and the Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; ~~provided that~~provided, subject to ~~the other provisions of this~~ Section ~~2.19~~2.22(a)(v), the Person providing Cash Collateral and ~~each~~ the Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; ~~provided,~~ provided further, ~~that~~ to the extent that such Cash Collateral was provided by ~~Borrower~~the Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the ~~Loan~~ Credit Documents.

Appears in 4 contracts

Samples: First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank’s~~ the Fronting Exposure of the Letter of Credit Issuer shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 4.08 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the ~~Issuing Banks~~ Letter of Credit Issuer that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.15, the Person providing Cash Collateral and ~~each Issuing Bank~~ the Letter of Credit Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; and provided, further, that to the extent that such Cash Collateral was provided by ~~Borrower~~the Borrower Parties, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 4 contracts

Samples: Revolving Credit Agreement (AGTB Private BDC), Revolving Credit Agreement (Carlyle Secured Lending III), Revolving Credit Agreement (Franklin BSP Capital Corp)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank~~any LC Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.15 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and ~~the Issuing Banks~~ each LC Issuer that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.14, the Person providing Cash Collateral and each ~~Issuing Bank~~ LC Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure;~~ Exposure or other obligations and provided, ~~further,~~ further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 3 contracts

Samples: Credit Agreement (Kona Grill Inc), Credit Agreement (Kona Grill Inc), Credit Agreement (Mercury Computer Systems Inc)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.18 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable ~~Lender~~Lender or giving effect to Section 2.18(a)(iii)) or (ii) the determination by the Administrative Agent and the Issuing Banks that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section ~~2.19~~2.18, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Hercules Capital, Inc.), Revolving Credit Agreement (Hercules Capital, Inc.), Revolving Credit Agreement (Hercules Capital, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank’s~~ the Fronting Exposure of the Letter of Credit Issuer shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 4.9 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the ~~Issuing Banks~~ Letter of Credit Issuer that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~12.12, the Person providing Cash Collateral and ~~each Issuing Bank~~ the Letter of Credit Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; ~~provided~~provided further that, ~~further, that~~ to the extent that such Cash Collateral was provided by ~~Borrower~~the Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Lord Abbett Private Credit Fund), Revolving Credit Agreement (MSD Investment Corp.), Revolving Credit Agreement (MSD Investment Corp.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank~~any L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.15(c) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and ~~the Issuing Banks~~ each L/C Issuer that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.15, the Person providing Cash Collateral and each ~~Issuing Bank~~ L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; ~~provided, further,~~ and provided further that to the extent that such Cash Collateral was provided by ~~Borrower~~the Borrower or any other Loan Party, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 3 contracts

Samples: Credit Agreement (Dynatrace, Inc.), Credit Agreement (Dynatrace, Inc.), Credit Agreement (Dynatrace, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce an Issuing ~~Bank~~Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.16 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and ~~the~~ an Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.15, the Person providing Cash Collateral and ~~each~~ such Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by ~~Borrower~~the Borrower or any other Loan Party, such Cash Collateral shall remain subject to the ~~security interest~~ Prior Security Interest granted pursuant to the Loan Documents.

Appears in 3 contracts

Samples: Credit Agreement (Hawaiian Telcom Holdco, Inc.), Credit Agreement (Shenandoah Telecommunications Co/Va/), Credit Agreement (Shenandoah Telecommunications Co/Va/)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank~~an L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by Administrative Agent and ~~the Issuing Banks~~ each L/C Issuer that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 2.16 the Person providing Cash Collateral and ~~each Issuing Bank~~ the applicable L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 3 contracts

Samples: Credit Agreement (AlTi Global, Inc.), Credit Agreement (AlTi Global, Inc.), Senior Secured Credit Facility (Alvarium Tiedemann Holdings, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank~~the applicable LC Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.17.11 following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and the ~~Issuing Banks~~ applicable LC Issuer that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.20, the Person providing Cash Collateral and ~~each Issuing Bank~~ the applicable LC Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 3 contracts

Samples: Credit Agreement (Hawkins Inc), Credit Agreement (Hawkins Inc), Credit Agreement (Hawkins Inc)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.21 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (ii) the determination by Administrative Agent and ~~the~~ Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, (x) subject to the other provisions of this Section ~~2.19~~2.21, the Person providing Cash Collateral and ~~each~~ Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations, and (y) Cash Collateral shall not be released during the continuance of a Default or Event of Default; ~~provided, further,~~ provided further that to the extent that such Cash Collateral was provided by ~~Borrower~~Company, such Cash Collateral shall remain subject to the security interest granted pursuant to the ~~Loan~~ Credit Documents.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.20 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and ~~the~~ each Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.21, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; ~~provided~~provided further that, ~~further, that~~ to the extent that such Cash Collateral was provided by the Borrower, any such Cash Collateral so held shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 3 contracts

Samples: Credit Agreement (Arlo Technologies, Inc.), Credit Agreement (Globant S.A.), Credit Agreement (Globant S.A.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.20 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and ~~the~~ each Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 2.19 the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 3 contracts

Samples: First Amendment (Kinder Morgan, Inc.), Revolving Credit Agreement (Kinder Morgan, Inc.), Revolving Credit Agreement (Kinder Morgan, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing ~~Bank~~Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 5.12 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 2.9 [Defaulting Lenders] the Person providing Cash Collateral and ~~each~~ the Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to ~~the Loan Documents~~Section 5.12(a) above.

Appears in 3 contracts

Samples: Credit Agreement (Stewart Information Services Corp), Revolving Credit Facility (Erie Indemnity Co), Credit Agreement (Stewart Information Services Corp)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank’s~~ the Fronting Exposure of the Letter of Credit Issuer shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 4.9 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the ~~Issuing Banks~~ Letter of Credit Issuer that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~12.12, the Person providing Cash Collateral and ~~each Issuing Bank~~ the Letter of Credit Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; ~~provided, further,~~ provided further that to the extent that such Cash Collateral was provided by ~~Borrower~~the Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Owl Rock Capital Corp III), Revolving Credit Agreement (Owl Rock Technology Finance Corp.), Revolving Credit Agreement (Owl Rock Capital Corp)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing ~~Bank~~Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 5.12 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 2.9 [Default Lenders] the Person providing Cash Collateral and ~~each~~ the Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to ~~the Loan Documents~~Section 5.12(a) above.

Appears in 3 contracts

Samples: Credit Agreement (EPAM Systems, Inc.), Credit Agreement (Factset Research Systems Inc), Revolving Credit Facility (Factset Research Systems Inc)

Termination of Requirement. Cash ~~Collateral~~ collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure shall no longer be required to be held as ~~Cash Collateral~~ cash collateral pursuant to this Section ~~2.19~~ 2.21.4 following (ix) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiy) the determination by the Administrative Agent and the Issuing ~~Banks~~ Bank that there exists excess ~~Cash Collateral~~cash collateral; provided that, subject to ~~the other provisions of~~ this Section ~~2.19,~~ 2.21.4 the Person providing ~~Cash Collateral~~ cash collateral and ~~each~~ the Issuing Bank may agree that ~~Cash Collateral~~ cash collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such ~~Cash Collateral~~ cash collateral was provided by the Borrower, such ~~Cash Collateral~~ cash collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 3 contracts

Samples: Credit Agreement (Sei Investments Co), Credit Agreement (Sei Investments Co), Credit Agreement (Sei Investments Co)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.16 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (ii) the determination by Administrative Agent and ~~the~~ Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, (x) subject to the other provisions of this Section ~~2.19~~2.16, the Person providing Cash Collateral and ~~each~~ Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations, and (y) Cash Collateral shall not be released during the continuance of a Default or Event of Default; ~~provided, further,~~ provided further that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 3 contracts

Samples: Abl Credit Agreement (United States Steel Corp), Abl Credit Agreement (United States Steel Corp), Abl Credit Agreement (United States Steel Corp)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank~~any L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.20(c) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by Administrative Agent and ~~the Issuing Banks~~ each L/C Issuer that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.20, the Person providing Cash Collateral and each ~~Issuing Bank~~ L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; ~~provided, further,~~ and provided further that to the extent that such Cash Collateral was provided by ~~Borrower~~Borrower or any other Loan Party, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 3 contracts

Samples: Multicurrency Credit Agreement (Fenix Parts, Inc.), Multicurrency Credit Agreement (Fenix Parts, Inc.), Multicurrency Credit Agreement (Fenix Parts, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank~~any L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.14 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and ~~the Issuing Banks~~ each L/C Issuer that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.14, the Person providing Cash Collateral and each ~~Issuing Bank~~ L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; ~~provided, further,~~ and provided further that to the extent that such Cash Collateral was provided by ~~Borrower~~the Borrower or any other Loan Party, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 3 contracts

Samples: Credit Agreement (Postal Realty Trust, Inc.), Credit Agreement (Postal Realty Trust, Inc.), Credit Agreement (Postal Realty Trust, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing ~~Bank~~Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 5.12 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 2.9 the Person providing Cash Collateral and ~~each~~ the Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by ~~Borrower~~the Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to ~~the Loan Documents~~Section 5.12(a) above.

Appears in 3 contracts

Samples: Credit Agreement (Construction Partners, Inc.), Credit Agreement (Construction Partners, Inc.), Credit Agreement (Construction Partners, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and ~~the~~ each Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 2.20 the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 3 contracts

Samples: Credit Agreement (Atlas Corp.), Credit Agreement (Atlas Corp.), Credit Agreement (Seaspan CORP)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.21 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (ii) the determination by the Administrative Agent and ~~the~~ each Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.22, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; ~~provided~~and provided further that, ~~further, that~~ to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 3 contracts

Samples: Credit Agreement (Comstock Resources Inc), Credit Agreement (Comstock Oil & Gas Investments, LLC), Credit Agreement (AMERICAN EAGLE ENERGY Corp)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.22 following (ix) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (iiy) the determination by Administrative Agent and ~~the~~ such Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided ~~that,~~ that subject to the other provisions of this Section ~~2.19~~2.22, the Person providing Cash Collateral and ~~each~~ such Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; provided, further, that to the extent that such Cash Collateral was provided by ~~Borrower~~Company, such Cash Collateral shall remain subject to the security interest granted pursuant to the ~~Loan~~ Credit Documents.

Appears in 3 contracts

Samples: Credit Agreement (Covanta Holding Corp), Credit and Guaranty Agreement (Covanta Holding Corp), Credit and Guaranty Agreement (Covanta Holding Corp)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided under (i) Section ‎2.23(a)(i) or Section ‎2.24 to reduce the Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ ‎2.23 following (ix) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (iiy) the determination by the Administrative Agent and ~~the~~ each Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.24, the Person providing Cash Collateral and ~~each~~ the Issuing Bank may agree ~~that~~ such Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; ~~provided, further, that~~ and (ii) Section 2.23(b) shall be returned to the ~~extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents~~Borrower within three Business Days after all Events of Default have been cured or waived.

Appears in 3 contracts

Samples: Credit Agreement (Cactus, Inc.), Credit Agreement (Cactus, Inc.), Credit Agreement (Cactus, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank’s~~ the Fronting Exposure of any Issuing Lender shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 5.14 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing ~~Banks~~ Lenders that there exists Cash Collateral in excess of the Minimum Collateral Amount in which case such excess amount will be promptly returned to the Borrower, to the extent such Cash ~~Collateral~~Collateral was provided by the Borrower; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~5.15, the Person providing Cash Collateral and ~~each~~ the Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan DocumentsExposure or other obligations.

Appears in 3 contracts

Samples: Credit Agreement (Cirrus Logic, Inc.), Credit Agreement (Cirrus Logic Inc), Credit Agreement (Cirrus Logic Inc)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the applicable Issuing ~~Bank~~Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 5.12 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the applicable Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 5.15 the Person providing Cash Collateral and ~~each~~ the applicable Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; and provided, further, that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to ~~the Loan Documents~~Section 5.12(a) above.

Appears in 3 contracts

Samples: Incremental Facility Amendment to Credit Agreement (Cadre Holdings, Inc.), Credit Agreement (Cadre Holdings, Inc.), Credit Agreement (Cadre Holdings, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.08(k) following (iA) the elimination of the applicable Fronting Exposure (~~including~~ including, without limitation, by the termination of Defaulting Lender status of the applicable ~~Lender)~~ Lender or reduction of the Fronting Exposure), or (iiB) the determination by the Administrative Agent and the Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.10, the Person providing Cash Collateral and ~~each~~ the Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such ~~Cash Collateral~~ cash collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 3 contracts

Samples: Credit Agreement (Lonestar Resources US Inc.), Credit Agreement (Lonestar Resources US Inc.), Credit Agreement (Lonestar Resources US Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce each Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.25(d) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and ~~the~~ each Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of~~ this Section ~~2.19~~2.25, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the ~~Loan~~ Financing Documents.

Appears in 3 contracts

Samples: Credit Agreement (Bloom Energy Corp), Credit Agreement (Bloom Energy Corp), Credit Agreement (Bloom Energy Corp)

Termination of Requirement. Cash ~~Collateral~~ collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure shall no longer be required to be held as ~~Cash Collateral~~ cash collateral pursuant to this Section ~~2.19~~ 5.06(d) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and the Issuing ~~Banks~~ Bank that there exists excess ~~Cash Collateral~~cash collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~5.06(a)(ii), the Person providing ~~Cash Collateral~~ cash collateral and ~~each~~ the Issuing Bank may agree that ~~Cash Collateral~~ cash collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; ~~provided, further,~~ and provided further that to the extent that such ~~Cash Collateral~~ cash collateral was provided by the Borrower, such ~~Cash Collateral~~ cash collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Jones Energy, Inc.), Master Assignment, Agreement and Amendment No. 9 to Credit Agreement (Jones Energy, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.22 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (ii) the determination by Administrative Agent and ~~the~~ Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section ~~2.19~~2.22, the Person providing Cash Collateral and ~~each~~ Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; ~~provided, further,~~ provided further that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the ~~Loan~~ Credit Documents.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (TerraForm Power, Inc.), Credit and Guaranty Agreement

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank’s~~ the Fronting Exposure of the Issuing Bank shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.08 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.09, the Person providing Cash Collateral and ~~each~~ the Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; ~~provided, further,~~ and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Rattler Midstream Lp), Credit Agreement (Rattler Midstream Lp)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any relevant Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.22 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (ii) the determination by the Administrative Agent and ~~the~~ each Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section ~~2.19~~2.22, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; provided, ~~further,~~ further that to the extent that such Cash Collateral was provided by ~~Borrower~~the Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 2 contracts

Samples: First Lien Credit Agreement, First Lien Credit Agreement (Allscripts Healthcare Solutions, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.22 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (ii) the determination by Administrative Agent and ~~the~~ Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section ~~2.19~~2.22, the Person providing Cash Collateral and ~~each~~ Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; provided, ~~further,~~ further that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the ~~Loan~~ Credit Documents.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC), First Lien Credit and Guaranty Agreement (American Casino & Entertainment Properties LLC)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing ~~Bank~~Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.13 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; provided ~~that,~~ that (A) subject to ~~the other provisions of this~~ Section ~~2.19~~12.10 hereof, the Person providing Cash Collateral and ~~each~~ the Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided~~Exposure or other obligations, ~~further, that to~~ and (B) the extent that such Cash Collateral was provided by ~~Borrower~~the Borrowers, such Cash Collateral shall remain subject to ~~the~~ any security interest granted pursuant to the Loan Documents.

Appears in 2 contracts

Samples: Credit and Security Agreement (AvidXchange Holdings, Inc.), Credit and Security Agreement (AvidXchange Holdings, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing ~~Bank~~Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 5.13 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.9 [Default Lenders], the Person providing Cash Collateral and ~~each~~ the Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by ~~Borrower~~the Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to ~~the Loan Documents~~Section 5.13(i) above.

Appears in 2 contracts

Samples: Credit Agreement (Crocs, Inc.), Revolving Credit Facility (Crocs, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing ~~Bank~~Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.18 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.17, the Person providing Cash Collateral and ~~each~~ the Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; ~~provided, further,~~ provided further that to the extent that such Cash Collateral was provided by ~~Borrower~~the Borrower or any other Loan Party, such Cash Collateral shall remain subject to the ~~security interest~~ Prior Security Interest granted pursuant to the Loan Documents.

Appears in 2 contracts

Samples: Joinder, Consent, First Amendment and Reaffirmation Agreement (ATN International, Inc.), Credit Agreement (ATN International, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (i) the elimination or reduction of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable ~~Lender~~Lender or giving effect to Section 2.19(a)(iii)) or (ii) the determination by the Administrative Agent and the Issuing Banks that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 2 contracts

Samples: Senior Secured Revolving Credit Agreement (AG Twin Brook Capital Income Fund), Senior Secured Revolving Credit Agreement (AG Twin Brook Capital Income Fund)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank~~L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and ~~the Issuing Banks~~ L/C Issuer that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 2.23 the Person providing Cash Collateral and ~~each Issuing Bank~~ L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Duluth Holdings Inc.), Credit Agreement (Duluth Holdings Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing ~~Bank’s~~ Lender’ Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.16 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the US Administrative Agent and the Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.15, the Person providing Cash Collateral and ~~each~~ the Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent ~~that~~ such Cash Collateral was provided by ~~Borrower~~any Credit Party, such Cash Collateral shall remain subject to the security interest granted pursuant to the ~~Loan Documents~~Security Agreement.

Appears in 2 contracts

Samples: Credit Agreement (NCS Multistage Holdings, Inc.), Credit Agreement (NCS Multistage Holdings, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank’s~~ Fronting Exposure or to secure other obligations shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.14 following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender) or (ii) the determination by the Administrative Agent and the LC Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.15, the Person providing Cash Collateral and ~~each~~ the LC Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; ~~provided, further,~~ and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Nobilis Health Corp.), Credit Agreement (Nobilis Health Corp.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce an Issuing ~~Bank~~Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.16 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and ~~the~~ an Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; ~~provided that~~provided, that subject to ~~the other provisions of this~~ Section ~~2.19~~2.15, the Person providing Cash Collateral and ~~each~~ such Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure;~~ Exposure or other obligations and provided, ~~further,~~ further that to the extent that such Cash Collateral was provided by ~~Borrower~~the Borrower or any other Loan Party, such Cash Collateral shall remain subject to the ~~security interest~~ Prior Security Interest granted pursuant to the Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Shenandoah Telecommunications Co/Va/), Credit Agreement (Shenandoah Telecommunications Co/Va/)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.22 following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (iiB) the determination by Revolving Facility Administrative Agent and ~~the~~ Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section ~~2.19~~2.22, the Person providing Cash Collateral and ~~each~~ Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; ~~provided, further,~~ provided further that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the ~~Loan~~ Credit Documents.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Nord Anglia Education, Inc.), Credit and Guaranty Agreement (Nord Anglia Education, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank’s~~ Fronting Exposure or other obligations shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.20 following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative ~~Agent~~ Agent, the Issuing Lender and the ~~Issuing Banks~~ Swingline Lender that there exists excess Cash ~~Collateral~~Collateral (which determination shall not be unreasonably withheld or delayed); provided that, ~~subject~~ Subject to ~~the other provisions of this~~ Section ~~2.19~~2.21, the Person providing Cash Collateral and ~~each~~ the Issuing ~~Bank~~ Lender and Swingline Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan DocumentsExposure or other obligations.

Appears in 2 contracts

Samples: Credit Agreement (VOXX International Corp), Credit Agreement (VOXX International Corp)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing ~~Bank~~Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 4.12 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and ~~the~~ such Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 2.9 [Defaulting Lenders] the Person providing Cash Collateral and ~~each~~ such Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure;~~ Exposure or other obligations and provided, further, that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to ~~the Loan Documents~~Section 4.12(a) above.

Appears in 2 contracts

Samples: Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing ~~Bank~~Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.15 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.14, the Person providing Cash Collateral and ~~each~~ the Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by ~~Borrower~~the Borrower or any other Loan Party, such Cash Collateral shall remain subject to the ~~security interest~~ Prior Security Interest granted pursuant to the Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Andersons, Inc.), Credit Agreement (Andersons, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing ~~Bank~~Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this ~~Section 2.19~~ Subsection 1.14 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by Administrative Agent and ~~the~~ each Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this Section 2.19,~~ Subsection 1.17 the Person providing Cash Collateral and each Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided~~Exposure or other obligations and provided further that, ~~further, that~~ to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 2 contracts

Samples: Third Amendment and Confirmation Agreement (ATN International, Inc.), Credit Agreement (Atlantic Tele Network Inc /De)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing ~~Bank~~Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.13 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing ~~Banks~~ Lender that there exists excess Cash Collateral; provided ~~that,~~ that (A) subject to ~~the other provisions of this~~ Section ~~2.19~~11.10 hereof, the Person providing Cash Collateral and ~~each~~ the Issuing ~~Bank~~ Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided~~Exposure or other obligations, ~~further, that to~~ and (B) the extent that such Cash Collateral was provided by ~~Borrower~~the Borrowers, such Cash Collateral shall remain subject to ~~the~~ any security interest granted pursuant to the Loan Documents.

Appears in 2 contracts

Samples: Credit and Security Agreement (Universal Logistics Holdings, Inc.), Credit and Security Agreement (Universal Logistics Holdings, Inc.)

Termination of Requirement. Cash ~~Collateral~~ collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s 's Fronting Exposure shall no longer be required to be held as ~~Cash Collateral~~ cash collateral pursuant to this Section ~~2.19~~ 2.08(k) following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing ~~Banks~~ Bank that there exists excess ~~Cash Collateral~~cash collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.11, the Person providing ~~Cash Collateral~~ cash collateral and ~~each~~ the Issuing Bank may agree that ~~Cash Collateral~~ cash collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such ~~Cash Collateral~~ cash collateral was provided by the Borrower, such ~~Cash Collateral~~ cash collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Pyramid Oil Co), Credit Agreement (Pyramid Delaware Merger Subsidiary, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce ~~Issuing Bank’s~~ the Fronting Exposure of the L/C Issuer shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.14 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the ~~Issuing Banks~~ L/C Issuer that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.15, the Person providing Cash Collateral and ~~each Issuing Bank~~ the L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; ~~provided, further,~~ and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the ~~Loan~~ Credit Documents.

Appears in 2 contracts

Samples: Credit Agreement (Interval Leisure Group, Inc.), Credit Agreement (Interval Leisure Group, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.24 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19~~2.22, the Person providing Cash Collateral and ~~each~~ the Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Reliant Software, Inc.), Revolving Credit Agreement (Community Choice Financial Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.18 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (ii) the determination by Administrative Agent and ~~the~~ Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section ~~2.19~~2.18, the Person providing Cash Collateral and ~~each~~ Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure~~Exposure or other obligations; ~~provided, further,~~ provided further that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 2 contracts

Samples: Senior Secured Revolving Credit Agreement (Oaktree Finance, LLC), Senior Secured Revolving Credit Agreement (Oaktree Capital Group, LLC)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing ~~Bank~~Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.13 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by Administrative Agent and ~~the~~ each Issuing ~~Banks~~ Lender that there exists excess Cash Collateral. Promptly following any of the events set forth in clauses (i) and (ii) of the preceding sentence, the Cash Collateral (or the appropriate portion thereof) shall be returned to the applicable Loan Party or other Person providing such Cash Collateral; provided that, subject to the other provisions of this Section 2.19, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 2 contracts

Samples: Senior Secured Credit Agreement (Midstates Petroleum Company, Inc.), Credit Agreement (Midstates Petroleum Company, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.08(j) following (i1) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (ii2) the determination by the Administrative Agent and the Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 4.05 the Person providing Cash Collateral and ~~each~~ the Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (Primeenergy Resources Corp), Credit Agreement (Primeenergy Corp)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by ~~Administrative~~ the Agent and ~~the~~ each Issuing ~~Banks~~ Bank that there exists excess Cash Collateral; provided that, subject to ~~the other provisions of this~~ Section ~~2.19,~~ 2.22 the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further,~~ Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.

Appears in 2 contracts

Samples: Credit Agreement (SWK Holdings Corp), Credit Agreement (SWK Holdings Corp)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the applicable Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section ~~2.19~~ 2.20 (Defaulting Lenders) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (iiB) the determination by the Administrative Agent ~~and the Issuing Banks~~ that there exists excess Cash Collateral; provided that, (x) subject to the other provisions of this Section ~~2.19~~2.20 (Defaulting Lenders), the Person providing Cash Collateral and ~~each~~ the applicable Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ~~Exposure; provided, further, that to the extent that such~~ Exposure or other obligations and (y) Cash Collateral ~~was provided~~ furnished by ~~Borrower, such Cash Collateral~~ or on behalf of a Loan Party shall ~~remain subject to~~ not be released during the ~~security interest granted pursuant to the Loan Documents~~existence of a Default or Event of Default.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.), Credit and Guaranty Agreement (Cheniere Energy, Inc.)

Common use of Termination of Requirement Clause in Contracts