Common use of Termination of Requirement Clause in Contracts

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 2.07(j) 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 the Issuing Bank that there exists excess Cash Collateral; provided that, subject to Section 4.04, the Person providing Cash Collateral and the Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting 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. If the Borrower is required to provide an amount of Cash Collateral hereunder as a result of the occurrence of an Event of Default, and the Borrower is not otherwise required to pay to the Administrative Agent the excess attributable to an LC Exposure in connection with any prepayment pursuant to Section 3.04(b)(i), then such amount (to the extent not applied as aforesaid) shall be returned to the Borrower within three (3) Business Days after all Events of Default have been cured or waived.

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bankany Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.07(j) 2.17, and shall be returned to the Person that provided such Cash Collateral not later than three Business Days after such Person’s request, in each case following (Ai) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender Bank status of the applicable LenderBank in accordance with Section 2.18(b)), or (Bii) the determination by the Administrative Agent and the Issuing Bank each Issuer that there exists excess Cash Collateral; provided that, subject to Section 4.042.18 (including any agreement pursuant thereto whereby a Defaulting Bank agrees to maintain Cash Collateral with the Administrative Agent as a condition to such Defaulting Bank ceasing to be deemed a Defaulting Bank), the Person providing Cash Collateral and the Issuing Bank each Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations; and provided further that to obligations (and, in the extent that case of any such Cash Collateral that was provided by the BorrowerCompany and will be so held, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents. If the Borrower is required to provide an amount of Cash Collateral hereunder as a result of the occurrence of an Event of Default, and the Borrower is not otherwise required to pay to the Administrative Agent the excess attributable to an LC Exposure in connection with any prepayment pursuant to Section 3.04(b)(ihereunder), then such amount (to the extent not applied as aforesaid) shall be returned to the Borrower within three (3) Business Days after all Events of Default have been cured or waived.

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing BankL/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.07(j) 1.17 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 the Issuing Bank L/C Issuer that there exists excess Cash Collateral; provided that, subject to Section 4.04, that the Person providing Cash Collateral and the Issuing Bank L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations; . So long as no Default or Event of Default shall have occurred and provided further be continuing, upon determining 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. If the Borrower is no longer be required to provide an amount of be provided under this Section 1.17 or that excess Cash Collateral hereunder as a result of exists, upon the occurrence of an Event of DefaultBorrower’s request, and the Borrower is not otherwise required to pay to the Administrative Agent shall promptly return the Cash Collateral (or excess attributable to an LC Exposure in connection with any prepayment pursuant to Section 3.04(b)(i), then such amount (portion) to the extent not applied as aforesaid) shall be returned to the Borrower within three (3) Business Days after all Events of Default have been cured or waivedBorrower.

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the any Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.07(j) 4.7 following (Ai) 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 and written notice to the Administrative Agent from the Borrower, the Cash Collateral provided by the Borrower shall be promptly returned to the Borrower, in each case, free and clear of all Liens, or (Bii) the determination by the Administrative Agent and the each Issuing Bank that there exists excess Cash Collateral, and upon the occurrence of such event and written notice to the Administrative Agent from the Borrower, such excess Cash Collateral shall be promptly returned to the Borrower, in each case, free and clear of all Liens, to the extent such amount was provided by the Borrower; provided that, subject to Section 4.04, 4.8 the Person providing Cash Collateral and the each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations; 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. If the Borrower is required to provide an amount of Cash Collateral hereunder as a result of the occurrence of an Event of Default, and the Borrower is not otherwise required to pay to the Administrative Agent the excess attributable to an LC Exposure in connection with any prepayment pursuant to Section 3.04(b)(i), then such amount (to the extent not applied as aforesaid) shall be returned to the Borrower within three (3) Business Days after all Events of Default have been cured or waived.

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the any Issuing BankLender’s or any Swingline Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.07(j2.19(b) following (Ai) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender)) with respect to Letters of Credit and Swingline Advances, or (Bii) the determination by the Administrative Agent Agent, each Swingline Lender and the each Issuing Bank Lender that there exists excess Cash Collateral; provided that, subject to Section 4.04, the Person providing Cash Collateral Collateral, the Issuing Lenders and the Issuing Bank Swingline Lenders may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations; and provided further that 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. If the Borrower is required to provide an amount of Cash Collateral hereunder as Credit Documents if a result of the occurrence of an Security Event of Default, and the Borrower is not otherwise required to pay to the Administrative Agent the excess attributable to an LC Exposure in connection with any prepayment pursuant to Section 3.04(b)(i), then such amount (has occurred to the extent not applied as aforesaid) shall be returned required pursuant to the Borrower within three (3) Business Days after all Events terms of Default have been cured or waivedthe then applicable Security Documents.

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the any Issuing BankLender’s or Swingline Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.07(j2.18(c) and all such Cash Collateral shall be promptly thereafter be returned to the Applicable Borrower following (A) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender)) so long as no Default exists, or (B) the determination by the Applicable Administrative Agent and the each Issuing Bank Lender and each Swingline Lender that there exists excess Cash CollateralCollateral and no Default exists; provided that, (x) subject to the other clauses of this Section 4.042.18, the Person providing Cash Collateral and the each Issuing Bank Lender and each Swingline Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations; and provided further that , (y) to the extent that such Cash Collateral was provided by the Applicable Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Credit Documents. If , and (z) to the Borrower is required to provide an amount of extent that such Cash Collateral hereunder as was provided by a result of Borrower, during the occurrence existence of an Event of Default, and Default the Borrower is not otherwise required to pay to the Administrative Agent the excess attributable to an LC Exposure in connection with any prepayment pursuant application of such Cash Collateral shall be subject to Section 3.04(b)(i2.3(h)(iv) and (v) above, Section 2.18(a)(ii) and Section 2.18(c)(ii), then such amount (to the extent not applied as aforesaid) shall be returned to the Borrower within three (3) Business Days after all Events of Default have been cured or waived.

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the any Issuing BankLender’s or any Swingline Lender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.07(j2.19(b) following (Ai) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender)) with respect to Letters of Credit and Swingline Advances, or (Bii) the determination by the Administrative Agent Agent, each Swingline Lender and the each Issuing Bank Lender that there exists excess Cash Collateral; provided that, subject to Section 4.04, the Person providing Cash Collateral Collateral, the Issuing Lenders and the Issuing Bank Swingline Lenders may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligations; and provided further that 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. If the Borrower is required to provide an amount of Cash Collateral hereunder as a result of the occurrence of an Event of Default, and the Borrower is not otherwise required to pay to the Administrative Agent the excess attributable to an LC Exposure in connection with any prepayment pursuant to Section 3.04(b)(i), then such amount (Security Documents to the extent not applied as aforesaid) shall be returned required pursuant to the Borrower within three (3) Business Days after all Events terms of Default have been cured or waivedthe then applicable Security Documents.

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure or other obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 2.07(j) following (Ai) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable LenderLender (or, as appropriate, its assignee following compliance with Section 9.04(b)(v)), or (Bii) the determination by the Administrative Agent and the each Issuing Bank and Swingline Lender that there exists excess Cash Collateral; provided thatthat (A) Cash Collateral furnished by or on behalf of the Borrower shall not be released during the continuance of a Default under paragraph (a), (k) or (l) of Article VII or an Event of Default (and following application as provided in this Section may be otherwise applied in accordance with Article VII) and (B) subject to Section 4.042.20, the Person providing Cash Collateral and the each Issuing Bank and Swingline Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure or other obligationsobligations hereunder; and provided further that 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. If the Borrower is required to provide an amount of Cash Collateral hereunder as a result of the occurrence of an Event of Default, and the Borrower is not otherwise required to pay to the Administrative Agent the excess attributable to an LC Exposure in connection with any prepayment pursuant to Section 3.04(b)(i), then such amount (to the extent not applied as aforesaid) shall be returned to the Borrower within three (3) Business Days after all Events of Default have been cured or waived.