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 20 contracts
Samples: Secured Revolving Credit Agreement (Sixth Street Specialty Lending, Inc.), Secured Revolving Credit Agreement (Sixth Street Lending Partners), Secured Revolving Credit Agreement (Sixth Street Specialty Lending, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankany 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 Bankany 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 2.192.14, 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 ExposureExposure or other obligations; provided, further, and provided further that to the extent that such Cash Collateral was provided by Borrowerthe Borrower or any other Loan Party, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 12 contracts
Samples: Credit Agreement (Shimmick Corp), Credit Agreement (Willdan Group, Inc.), Credit Agreement (Performant Financial 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), Assignment and Assumption (Stellus Capital Investment Corp), 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 LenderLender 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: Secured Revolving Credit Agreement (Goldman Sachs BDC, Inc.), Assignment and Assumption (Goldman Sachs BDC, Inc.), Secured Revolving Credit Agreement (Goldman Sachs BDC, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing BankLender’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 Bankany 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 2.192.15, 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.), Assignment Agreement (Purple Innovation, 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’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 2.192.10, the Person providing Cash Collateral and each the Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure 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: Credit Agreement (Viper Energy Partners LP), Collateral Agreement (Diamondback Energy, Inc.), Additional Lender Agreement (Viper Energy Partners LP)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing BankLender’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 2.192.21, 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 BankL/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 2.192.18, 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 ExposureExposure or other obligations; provided, further, that to the extent that such Cash Collateral was provided by Borrowerthe 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 Bankany 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 ExposureExposure 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 Bankthe 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 2.192.15, 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: Credit Agreement (Gulfport Energy Corp), Credit Agreement (Gulfport Energy Corp), Credit Agreement (Gulfport Energy Corp)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing BankLender’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 2.192.27, the Person providing Cash Collateral and each Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; and provided, further, further that to the extent that such Cash Collateral was provided by Borrowerthe 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 the Issuing BankLender’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 2.192.17, 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; providedExposure 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 Bankany 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’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 2.192.11, 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 the Issuing BankLender’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 2.192.16, the Person providing Cash Collateral and each the Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure 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), Credit Agreement (Penn Virginia Corp), Credit Agreement (Gastar Exploration 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 any Issuing BankLender’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 Bankthe 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 5 contracts
Samples: Credit Agreement (Whitestone REIT), Whitestone Credit Agreement (Pillarstone Capital Reit), Whitestone Credit Agreement (Whitestone REIT)
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 any Issuing BankLender’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 2.192.25, the Person providing Cash Collateral and each Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; and provided, further, further that to the extent that such Cash Collateral was provided by Borrowerthe 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 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 2.192.16, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, further, that to the extent that such Cash Collateral was provided by Borrowerthe Company, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 5 contracts
Samples: Restatement Agreement (CNO Financial Group, Inc.), Restatement Agreement (CNO Financial Group, Inc.), Restatement Agreement (CNO Financial Group, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankthe 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 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 LenderLender 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 5 contracts
Samples: Secured Revolving Credit Agreement (Bain Capital Private Credit), Revolving Credit Agreement (Bain Capital Private Credit), Credit Agreement (Barings Private Credit Corp)
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: Guarantee and Collateral Agreement (Advanced Disposal Services, Inc.), Credit Agreement (Advanced Disposal Services, Inc.), Senior Secured Credit Agreement (ADS Waste Holdings, Inc.)
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 Collateralcash 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: Revolving Credit Agreement, Guarantee and Security Agreement (TCG Bdc, Inc.), Revolving Credit Agreement (NF Investment Corp.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing BankLender’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 DocumentsSection 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 Bankthe 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’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 2.192.22, 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 Bankany 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 BankLender’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 CollateralCollateral (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/), Assignment Agreement (Whirlpool Corp /De/)
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 2.192.15, 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 ExposureExposure or other obligations; and provided, further, that to the extent that such Cash Collateral was provided by Borrowerthe Borrower Parties, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 4 contracts
Samples: 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 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 thatprovided, subject to the other provisions of this Section 2.192.22(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 ExposureExposure or other obligations; provided, provided further, that to the extent that such Cash Collateral was provided by Borrowerthe 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 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 LenderLender 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 4 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), Secured Revolving Credit Agreement (Morgan Stanley Direct Lending Fund)
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 2.193.27, the Person providing Cash Collateral and each the TALC Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure 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’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 2.192.21, 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 ExposureExposure or other obligations; provided, further, and provided further that to the extent that such Cash Collateral was provided by Borrowerthe 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 Issuing Bankany 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 2.191.13, 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 ExposureExposure or other obligations; provided, further, and provided further that to the extent that such Cash Collateral was provided by Borrowerthe 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 the Issuing BankLender’s Fronting Exposure 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 Lender that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 2.10 [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 DocumentsSection 5.14(a) above.
Appears in 4 contracts
Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankany 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 2.192.13, the Person providing Cash Collateral and each Issuing Bank Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, further, and provided further that to the extent that such Cash Collateral was provided by Borrowerany 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 BankLender’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 2.194.12, 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: Credit Agreement (CatchMark Timber Trust, Inc.), Credit Agreement (CatchMark Timber Trust, Inc.), Credit Agreement (CatchMark Timber Trust, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the applicable Issuing BankLender’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 ExposureExposure 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 DocumentsSection 5.12(a) above.
Appears in 3 contracts
Samples: 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 Issuing Bankany 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 2.192.20, 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 ExposureExposure or other obligations; provided, further, and provided further that to the extent that such Cash Collateral was provided by BorrowerBorrower 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’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 CollateralCollateral was provided by the Borrower; provided that, subject to the other provisions of this Section 2.195.15, 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 Issuing Bankany 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 3 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 any Issuing BankLender’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 ExposureExposure 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 3 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 an Issuing BankLender’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 2.192.15, 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 Borrowerthe 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 Bankan 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.), Credit Agreement (Alvarium Tiedemann Holdings, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing BankLender’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 DocumentsSection 5.12(a) above.
Appears in 3 contracts
Samples: Credit Agreement (Stewart Information Services Corp), Credit Agreement (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 2.1912.12, 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 ExposureExposure or other obligations; provided, further, provided further that to the extent that such Cash Collateral was provided by Borrowerthe 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’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 2.192.10, 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 the Issuing BankLender’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 DocumentsSection 5.12(a) above.
Appears in 3 contracts
Samples: Credit Agreement (EPAM Systems, Inc.), Credit Agreement (Factset Research Systems Inc), Credit Agreement (Factset Research Systems 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, 2.19 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: Revolving Credit Agreement (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 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 2.192.22, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; providedand 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 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 2.192.21, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure 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 BorrowerCompany, 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 Issuing Bankany 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 2.192.14, 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 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 ExposureExposure 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 3 contracts
Samples: Credit Agreement (Allegro Microsystems, Inc.), Credit Agreement (Ironwood Pharmaceuticals Inc), Credit Agreement (Allegro Microsystems, 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 LenderLender 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 3 contracts
Samples: Revolving Credit Agreement (Pennantpark Investment Corp), Guarantee and Security Agreement (Pennantpark Investment Corp), Senior Secured (Pennantpark Investment Corp)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankany 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 2.192.14, 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 ExposureExposure or other obligations; provided, further, and provided further that to the extent that such Cash Collateral was provided by Borrowerthe 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 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 Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 12.07(e) 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, 12.07 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 Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 3 contracts
Samples: Credit Agreement (Earthstone Energy Inc), Credit Agreement (Earthstone Energy Inc), Credit Agreement (Earthstone Energy 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 2.192.25, 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 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 Collateralcash 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 Bankthe 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 2.192.20, 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 Bankany L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 8.8 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 L/C Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.198.7, 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 Borrowerthe Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 2 contracts
Samples: Assignment and Assumption (Addus HomeCare Corp), Credit and Guaranty Agreement (Addus HomeCare 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 2.17 (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 Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 2.15 (Defaulting Lenders) 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 (Greatbatch, Inc.), Credit Agreement (Greatbatch, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankany 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 2.192.15, 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. Increase in Commitments.
Appears in 2 contracts
Samples: Credit Agreement (Purple Innovation, Inc.), Credit Agreement (Purple Innovation, 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 2.192.18, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure 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 Issuing Bankany 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 each L/C Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.194.15, 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 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 (GrubHub Inc.), Credit Agreement (GrubHub 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 2.192.22, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure 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 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 2.192.22, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure 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 the Issuing BankLender’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, 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 ExposureExposure 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 DocumentsSection 5.12(a) above.
Appears in 2 contracts
Samples: Credit Agreement (Cadre Holdings, Inc.), Credit Agreement (Cadre Holdings, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankany 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 each L/C Issuer 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 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 BorrowerBorrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 2 contracts
Samples: Loan and Security Agreement (S&W Seed Co), Loan and Security Agreement (S&W Seed Co)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing BankLender’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; providedExposure 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: Credit Agreement (ATN International, Inc.), Credit Agreement (Atlantic Tele Network Inc /De)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankany 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 2.192.15, 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 2 contracts
Samples: Credit Agreement (GTT Communications, Inc.), Credit Agreement (GTT Communications, 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 Collateralcash collateral; provided that, subject to the other provisions of this Section 2.192.11, 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 2.192.15, 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 ExposureExposure 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 Issuing Bank’s the Fronting Exposure of the Issuing Bank(s) 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(s) that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.10, the Person providing Cash Collateral and each the Issuing Bank Bank(s) may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure 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 (Emerald Oil, Inc.), Credit Agreement (Emerald Oil, 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 2.22 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 Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.22, the Person providing Cash Collateral and each the Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure 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 Credit Documents.
Appears in 2 contracts
Samples: Credit and Guaranty Agreement (Hologic Inc), Credit and Guaranty Agreement (Gen Probe 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 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 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 2.192.09, the Person providing Cash Collateral and each the Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure 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 the Issuing BankLender’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 2.192.14, 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 Borrowerthe 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 Issuing BankL/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 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 2.192.22, the Person providing Cash Collateral and each such Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, further, that to the extent that such Cash Collateral was provided by BorrowerCompany, 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 (Covanta Holding Corp), Project Description Agreement (Covanta Holding 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 2.1912.12, 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 ExposureExposure or other obligations; providedprovided further that, further, that to the extent that such Cash Collateral was provided by Borrowerthe Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 2 contracts
Samples: 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 the Issuing BankLender’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 2.1911.10 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; providedExposure or other obligations, further, that to and (B) the extent that such Cash Collateral was provided by Borrowerthe Borrowers, such Cash Collateral shall remain subject to the any security interest granted pursuant to the Loan Documents.
Appears in 2 contracts
Samples: Second Amendment Agreement (Universal Logistics Holdings, Inc.), Credit and Security Agreement (Universal Logistics 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(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 Issuing Bankany 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 each L/C Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.194.14, 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 and, provided, further, that to the extent that such Cash Collateral was provided by Borrowerthe Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 2 contracts
Samples: Credit Agreement (Applied Medical Corp), Credit Agreement (Applied Medical Corp)
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 CollateralCollateral (which determination shall not be unreasonably withheld or delayed); provided that, subject Subject to the other provisions of this Section 2.192.21, 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 Issuing Bankany 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 each L/C Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.194.15, 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 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 (Wayfair Inc.), Credit Agreement (Wayfair Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing BankLender’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 2.192.9 [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 Borrowerthe Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan DocumentsSection 5.13(i) above.
Appears in 2 contracts
Samples: Credit Agreement (Crocs, Inc.), Credit Agreement (Crocs, 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 2.192.18, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; providedand provided further that, further, that to the extent that such Cash Collateral was provided by Borrowerthe Borrower and was originally subject to the security interest granted pursuant to the Loan Documents, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 2 contracts
Samples: Credit Agreement (Hecla Mining Co/De/), Credit Agreement (Hecla Mining Co/De/)
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 2.192.16, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure 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 2 contracts
Samples: 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 the Issuing BankLender’s Fronting Exposure 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 Lender that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 2.10 [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 Borrowerthe Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan DocumentsSection 5.14 above.
Appears in 2 contracts
Samples: Credit Agreement (Stoneridge Inc), Credit Agreement (Stoneridge Inc)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing BankLender’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 Borrowerthe Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan DocumentsSection 5.12(a) above.
Appears in 2 contracts
Samples: Security Agreement (Construction Partners, Inc.), Credit Agreement (Construction Partners, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce an 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 LenderLender 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 2 contracts
Samples: Secured Revolving Credit Agreement (Goldman Sachs Middle Market Lending Corp.), Assignment and Assumption (Goldman Sachs Middle Market Lending Corp.)
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 2.192.22, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, further, further that to the extent that such Cash Collateral was provided by Borrowerthe Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 2 contracts
Samples: Credit Agreement, Credit Agreement (Allscripts Healthcare Solutions, 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 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 Collateralcash collateral; provided that, subject to the other provisions of this Section 2.195.06(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 ExposureExposure 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.), Credit Agreement (Jones Energy, Inc.)
