Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any LC Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 following (A) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender), or (B) the determination by the Administrative Agent and each LC Issuing Bank that there exists excess Cash Collateral; provided that, subject to Section 2.21, the Person providing Cash Collateral and each LC Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 44 contracts
Samples: Credit Agreement (Midamerican Energy Co), Credit Agreement (Midamerican Energy Co), Credit Agreement (Midamerican Energy Co)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any the LC Issuing BankIssuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 2.22(d) following (Ai) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender), or (Bii) the determination by the Administrative Agent and each the LC Issuing Bank Issuer that there exists excess Cash Collateral; provided that, subject to this Section 2.21, 2.22 the Person providing Cash Collateral and each the LC Issuing Bank Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 16 contracts
Samples: Credit Agreement (Jack Henry & Associates Inc), Credit Agreement (Henry Jack & Associates Inc), Credit Agreement (Andersons, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any LC Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 3.9 following (Ai) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender), or (Bii) the determination by the Administrative Agent and each LC Issuing Bank Lender that there exists excess Cash Collateral; provided that, subject to Section 2.21, 2.20 the Person providing Cash Collateral and each LC Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 16 contracts
Samples: Credit Agreement (Meritage Homes CORP), Credit Agreement (Meritage Homes CORP), Credit Agreement (Meritage Homes CORP)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any LC Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 2.19 following (Ai) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender), or (Bii) the determination existence of excess Cash Collateral, as reasonably determined by the Administrative Agent and each LC Issuing Bank that there exists excess Cash CollateralBank; provided that, subject to Section 2.21, 2.20 the Person providing Cash Collateral and each LC Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 12 contracts
Samples: Credit Agreement (Dollar General Corp), Credit Agreement (Hexcel Corp /De/), Credit Agreement (Dollar General Corp)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any an LC Issuing BankIssuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 2.22(d) following (Ai) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender), or (Bii) the determination by the Administrative Agent and each the applicable LC Issuing Bank Issuers that there exists excess Cash Collateral; provided that, subject to this Section 2.21, 2.22 the Person providing Cash Collateral and each the applicable LC Issuing Bank Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 11 contracts
Samples: Modification Agreement (Tri Pointe Homes, Inc.), Modification Agreement (Tri Pointe Homes, Inc.), Modification Agreement (Tri Pointe Homes, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any LC Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 2.19 following (Ai) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender), or (Bii) the determination by the Administrative Agent and each LC Issuing Bank that there exists excess Cash Collateral; provided that, subject to Section 2.212.20, the Person providing Cash Collateral and each LC Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 10 contracts
Samples: Fifth Amendment to Credit Agreement (Science Applications International Corp), Credit Agreement (Science Applications International Corp), Credit Agreement (Science Applications International Corp)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any an LC Issuing BankIssuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 2.22(d) following (Ai) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender), or (Bii) the determination by the Administrative Designated Agent and each the applicable LC Issuing Bank Issuers that there exists excess Cash Collateral; provided that, subject to this Section 2.21, 2.22 the Person providing Cash Collateral and each the applicable LC Issuing Bank Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 7 contracts
Samples: Credit Agreement (M.D.C. Holdings, Inc.), Credit Agreement (M.D.C. Holdings, Inc.), Credit Agreement (M.D.C. Holdings, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any LC Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 8.17 following (Ai) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender), or (Bii) the determination by the Administrative Agent and each LC Issuing Bank that there exists excess Cash Collateral; provided that, subject to Section 2.218.16, the Person providing Cash Collateral and each LC Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 6 contracts
Samples: Credit Agreement (AEP Texas Inc.), Credit Agreement (Southwestern Electric Power Co), Credit Agreement (Southwestern Electric Power Co)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any LC Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 2.20 following (Ax) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender), ) or (By) the determination by the Administrative Agent and each such LC Issuing Bank that there exists excess Cash Collateral; provided that, that subject to the other provisions of this Section 2.212.20, the Person providing Cash Collateral and each such LC Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 4 contracts
Samples: Credit and Guaranty Agreement (Pattern Energy Group Inc.), Credit and Guaranty Agreement (Pattern Energy Group Inc.), Credit and Guaranty Agreement
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any LC the Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 2.21 following (Ai) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender), or (Bii) the determination by the Administrative Agent and each LC the Issuing Bank that there exists excess Cash Collateral; provided that, subject to Section 2.212.22, the Person providing Cash Collateral and each LC the Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 3 contracts
Samples: Incremental Term Loan Agreement and Amendment to Guarantee Agreement (Rayonier, L.P.), Credit Agreement (Rayonier Inc), Credit Agreement (Rayonier Inc)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any LC Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 2.25 following (Ai) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender), or (Bii) the determination by the Administrative Agent and each LC Issuing Bank that there exists excess Cash Collateral; provided that, subject to Section 2.21, the Person providing Cash Collateral and each LC Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Houghton Mifflin Harcourt Co), Revolving Credit Agreement (Houghton Mifflin Harcourt Co), Superpriority Senior Secured Debtor in Possession and Exit Revolving Credit Agreement (HMH Holdings (Delaware), Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any LC the Issuing Bank’s Banks’ Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 2.23(d) following (A) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender), or (B) the determination by the Administrative Agent and each LC the Issuing Bank Banks that there exists excess Cash Collateral; provided that, that subject to this Section 2.21, 2.23 the Person providing Cash Collateral and each LC the Issuing Bank Banks may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 3 contracts
Samples: Credit Agreement (Otter Tail Corp), Credit Agreement (Otter Tail Corp), Credit Agreement (Century Communities, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any LC Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 2.20 following (Ai) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender), or (Bii) the determination by the Administrative Agent and each LC Issuing Bank that there exists excess Cash Collateral; provided that, subject to Section 2.21, 2.21 the Person providing Cash Collateral and each LC Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 3 contracts
Samples: Credit Agreement (Kirby Corp), Credit Agreement (Kirby Corp), Credit Agreement (Kirby Corp)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any LC Issuing Bank’s Fronting Exposure or Swing Line Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 promptly released following (Ai) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable LenderLender (or, as applicable, its assignee following compliance with Section 7.05(b)(vii))), or (Bii) the determination by the Administrative Agent and each LC Issuing Bank or Swing Line Bank, as applicable, that there exists excess Cash Collateral; provided that, subject to Section 2.21, 2.24 the Person providing Cash Collateral and each LC Issuing Bank or Swing Line Bank, as applicable, may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 3 contracts
Samples: Credit Agreement (American Water Works Company, Inc.), Credit Agreement (American Water Works Company, Inc.), Credit Agreement (American Water Works Company, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any LC Issuing BankIssuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 2.9(g) following (Ax) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender), or (By) the determination by the Administrative Agent and each LC Issuing Bank Issuer that there exists excess Cash Collateral; provided that, subject to Section 2.21, 2.17 the Person providing Cash Collateral and each LC Issuing Bank Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 2 contracts
Samples: Credit Agreement (Warren Resources Inc), Credit Agreement (Warren Resources Inc)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any LC Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 2.20 following (Ai) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender), ) or (Bii) the determination by the Administrative Agent and each LC Issuing Bank that there exists excess Cash Collateral; provided that, subject to Section 2.21, 2.18 the Person providing Cash Collateral and each LC Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 2 contracts
Samples: Credit Agreement (Becton Dickinson & Co), Credit Agreement (Becton Dickinson & Co)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any LC Issuing Bank’s 's Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 following (A) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender), or (B) the determination by the Administrative Agent and each LC Issuing Bank that there exists excess Cash Collateral; provided that, subject to Section 2.21, the Person providing Cash Collateral and each LC Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 2 contracts
Samples: Credit Agreement (Pacificorp /Or/), Credit Agreement (Midamerican Energy Holdings Co /New/)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any LC Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 2.23 following (Ai) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender), or (Bii) the determination by the Administrative Agent and each LC Issuing Bank that there exists excess Cash Collateral; provided that, subject to Section 2.212.24, the Person providing Cash Collateral and each LC Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 2 contracts
Samples: Amendment and Restatement Agreement (Compass Minerals International Inc), Credit Agreement (Compass Minerals International Inc)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any LC Issuing Bank’s the Fronting Exposure of an Issuing Bank shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 2.18 following (Ai) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender), or (Bii) the determination by the Administrative Agent and each LC the applicable Issuing Bank that there exists excess Cash Collateral; provided that, subject to Section 2.212.19, the Person providing Cash Collateral and each LC the applicable Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 2 contracts
Samples: Credit Agreement (Olin Corp), Credit Agreement (Olin Corp)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any an LC Issuing BankIssuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 2.20(d) following (Ai) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender), or (Bii) the determination by the Administrative Agent and each the applicable LC Issuing Bank Issuers that there exists excess Cash Collateral; provided that, subject to this Section 2.21, 2.20 the Person providing Cash Collateral and each the applicable LC Issuing Bank Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 1 contract
Samples: Credit Agreement (New Home Co Inc.)
Termination of Requirement. Cash Collateral collateral (or the appropriate portion thereof) provided to reduce any LC the Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral cash collateral pursuant to this Section 2.22 3.12 following (Ai) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender), ) or (Bii) the determination by the Administrative Agent and each LC the Issuing Bank that there exists excess Cash Collateralcash collateral; provided that, subject to the other provisions of this Section 2.213.12, the Person providing Cash Collateral cash collateral and each LC the Issuing Bank may agree that Cash Collateral cash collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 1 contract
Samples: Credit Agreement (Brookfield Property Partners L.P.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any LC Issuing Bank’s Fronting Exposure or Swing Line Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 promptly released following (Ai) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable LenderLender (or, as applicable, its assignee following compliance with Section 7.05(b)(vi)), or (Bii) the determination by the Administrative Agent and each LC Issuing Bank or Swing Line Bank, as applicable, that there exists excess Cash Collateral; provided that, subject to Section 2.21, 2.24 the Person providing Cash Collateral and each LC Issuing Bank or Swing Line Bank, as applicable, may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 1 contract
Samples: Credit Agreement (American Water Works Company, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any LC Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 2.19 following (Ax) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender), ) or (By) the determination by the Administrative Agent and each LC such Issuing Bank that there exists excess Cash Collateral; provided that, that subject to the other provisions of this Section 2.212.19, the Person providing Cash Collateral and each LC such Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 1 contract
Samples: Credit and Guaranty Agreement (Pattern Energy Group Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any an LC Issuing BankIssuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 Section 2.22(d) following (Ai) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender), or (Bii) the determination by the Administrative Agent and each the applicable LC Issuing Bank Issuers that there exists excess Cash Collateral; provided that, subject to Section 2.21, this Section 2.22 the Person providing Cash Collateral and each the applicable LC Issuing Bank Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 1 contract
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any LC Issuing Bank’s Fronting Exposure or Swingline Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 promptly released following (Ai) the elimination of the applicable Fronting Exposure (Exposure, including by the termination of Defaulting Lender status of the applicable LenderLender (or, as applicable, its assignee following compliance with Section 7.05(b)(vi)), or (Bii) the determination by the Administrative Agent and each LC Issuing Bank or Swingline Bank, as applicable, that there exists excess Cash Collateral; provided that, subject to Section 2.21, 2.24 the Person providing Cash Collateral and each LC Issuing Bank or Swingline Bank, as applicable, may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 1 contract
Samples: Credit Agreement (American Water Works Company, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any LC Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 2.17 following (Ai) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender Bank status of the applicable Lender), Bank) or (Bii) the determination by the Administrative Agent and each LC Issuing Bank that there exists excess Cash Collateral; provided that, subject to Section 2.212.16, the Person providing Cash Collateral and each LC Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 1 contract
Samples: Credit Agreement (Parsons Corp)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any LC Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.22 2.21 or Section 2.20 following (Ai) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender), or (Bii) the determination by the Administrative Agent and each LC Issuing Bank that there exists excess Cash Collateral; provided that, subject to Section 2.212.20, the Person providing Cash Collateral and each LC Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations.
Appears in 1 contract
