Withdrawals From and Closing of Deposit Account. Amounts on deposit in the Deposit Account shall be withdrawn and distributed (or transferred, in the case of clause (v) below) by the Administrative Agent as follows: (i) On each date on which a Deposit Borrowing is to be made, the Administrative Agent shall, pursuant to Section 2.05, and subject to the satisfaction of the conditions applicable thereto set forth in Article 3, withdraw from the Deposit Account the principal amount of such Borrowing (and debit the Deposit Sub-Account of each Deposit Lender in the amount of such Lender’s Deposit Percentage of such Borrowing) and make such amount available to the applicable Borrower in accordance with Section 2.05(a). (ii) On each date on which the Deposit Issuing Bank is to be reimbursed by the Deposit Lenders pursuant to Section 2.04(e) for any LC Disbursement, the Administrative Agent shall withdraw from the Deposit Account the amount of such unreimbursed LC Disbursement (and debit the Deposit Sub-Account of each Deposit Lender in the amount of such Lender’s Deposit Percentage of such unreimbursed LC Disbursement) and make such amount available to the Deposit Issuing Bank in accordance with Section 2.04(e). (iii) Concurrently with each voluntary reduction of the Deposit Commitments pursuant to and in accordance with Section 2.07(b), the Administrative Agent shall withdraw from the Deposit Account and pay to each Deposit Lender such Lender’s Deposit Percentage of any amount by which the Deposits would exceed (x) the aggregate amount of the Deposit Commitments, after giving effect to such reduction of the Deposit Commitments, minus (y) the aggregate principal amount of the outstanding Deposit Loans. (iv) Concurrently with any termination of the Deposit Commitments pursuant to and in accordance with Section 2.07(a) or Article 7, the Administrative Agent shall withdraw from the Deposit Account and pay to each Deposit Lender such Lender’s Deposit Percentage of the excess at such time of the aggregate amount of the Deposits over the Deposit LC Exposure. (v) Concurrently with the effectiveness of any assignment by any Deposit Lender of all or any portion of its Deposit Commitment, the corresponding portion of the assignor’s Deposit Sub-Account shall be transferred from the assignor’s Deposit Sub-Account to the assignee’s Deposit Sub-Account in accordance with Section 10.04(b) and, if required by Section 10.04(b), the Administrative Agent shall close such assignor’s Deposit Sub-Account. (vi) Upon the reduction of each of the Deposit Commitments and the Deposit LC Exposure to zero, the Administrative Agent shall withdraw from the Deposit Account and pay to each Deposit Lender such Lender’s Deposit Percentage of the remaining amount, and shall close the Deposit Account. Each Deposit Lender irrevocably and unconditionally agrees that its Deposit may be applied or withdrawn from time to time as set forth in this paragraph (c).
Appears in 7 contracts
Samples: Credit Agreement (El Paso Corp/De), Credit Agreement (El Paso Natural Gas Co), Credit Agreement (Colorado Interstate Gas Co)
Withdrawals From and Closing of Deposit Account. Amounts on deposit in the Deposit Account shall be withdrawn and distributed (or transferred, in the case of clause (viv) below) by the Administrative Agent as follows:
(i) On each date on which a Deposit Borrowing is to be made, the Administrative Agent shall, pursuant to Section 2.05, and subject to the satisfaction of the conditions applicable thereto set forth in Article 3, withdraw from the Deposit Account the principal amount of such Borrowing (and debit the Deposit Sub-Account of each Deposit Issuing Lender in the amount of such Lender’s Deposit Percentage of such Borrowing) and make such amount available to the applicable Borrower in accordance with Section 2.05(a).
(ii) On each date on which the Deposit Issuing Bank is to be reimbursed by the Deposit Lenders pursuant to Section 2.04(e2.02(f) for any LC Disbursement, the Administrative Agent shall withdraw from the Deposit Account the amount of such unreimbursed LC Disbursement (and debit the Deposit Sub-Account of each Deposit Lender in the amount of such Lender’s Deposit Percentage of such unreimbursed LC Disbursement) and make such amount available to the Deposit Issuing Bank Lender in accordance with Section 2.04(e2.02(f).
(iiiii) Concurrently with each voluntary reduction of the Deposit Commitments pursuant to and in accordance with Section 2.07(b)2.10, the Administrative Agent shall withdraw from the Deposit Account and pay to each Deposit Lender such Lender’s Deposit Percentage of any amount by which the Deposits would exceed (x) the aggregate amount of the Deposit Commitments, after giving effect to such reduction of the Deposit CommitmentsCommitments (provided, minus (y) that after giving effect thereto, the aggregate principal amount of the outstanding Deposit LoansDeposits is not less than the LC Exposure).
(iviii) Concurrently with any termination of the Deposit Commitments pursuant to and in accordance with Section 2.07(a) 2.10 or Article 7, the Administrative Agent shall withdraw from the Deposit Account and pay to each Deposit Lender such Lender’s Deposit Percentage of the excess at such time of the aggregate amount of the Deposits over the Deposit LC Exposure.
(viv) Concurrently with the effectiveness of any assignment by any Deposit Lender of all or any portion of its Deposit Commitment, the corresponding portion of the assignor’s Deposit Sub-Account shall be transferred from the assignor’s Deposit Sub-Account to the assignee’s Deposit Sub-Account in accordance with Section 10.04(b) 10.03 and, if required by Section 10.04(b)10.03, the Administrative Agent shall close such assignor’s Deposit Sub-Account.
(viv) Upon the reduction of each of the Deposit Commitments and the Deposit LC Exposure to zero, the Administrative Agent shall withdraw from the Deposit Account and pay to each Deposit Lender such Lender’s Deposit Percentage of the remaining amount, and shall close the Deposit Account. Each Deposit Lender irrevocably and unconditionally agrees that its Deposit may be applied or withdrawn from time to time as set forth in this paragraph (c).
Appears in 1 contract
Samples: First Lien Term Loan and Guaranty Agreement (Tower Automotive, LLC)
Withdrawals From and Closing of Deposit Account. Amounts on deposit in the Deposit Account shall be withdrawn and distributed (or transferred, in the case of clause (v) below) by the Administrative Agent as follows:
(i) On each date on which a Deposit DF Borrowing is to be made, the Administrative Agent shall, pursuant to Section 2.052.02(a) or Section 2.04(e), as applicable, and subject to the satisfaction of the conditions applicable thereto set forth in Article 3Section 4.02, withdraw from the Deposit Account the principal amount of such DF Borrowing (and debit the Deposit Sub-Account of each Deposit DF Lender in the amount of such Lender’s Deposit DF Applicable Percentage of such Borrowing) and make such amount available to the applicable Borrower in accordance with Section 2.05(a)Borrower.
(ii) On each date on which the Deposit an Issuing Bank is to be reimbursed by the Deposit DF Lenders pursuant to Section 2.04(e) for any DF LC Disbursement, the Administrative Agent shall withdraw from the Deposit Account the amount of such unreimbursed DF LC Disbursement (and debit the Deposit Sub-Account of each Deposit DF Lender in the amount of such DF Lender’s Deposit Applicable Percentage of such unreimbursed DF LC Disbursement) and make such amount available to the Deposit such Issuing Bank in accordance with Section 2.04(e).
(iii) Concurrently with each voluntary reduction of the Deposit Commitments DF Total Commitment pursuant to and in accordance with Section 2.07(b), the Administrative Agent shall withdraw from the Deposit Account and pay to each Deposit DF Lender such DF Lender’s Deposit Applicable Percentage of any amount by which the Deposits would exceed (x) the aggregate amount of the Deposit CommitmentsDeposits, after giving effect to such reduction of the Deposit CommitmentsDF Total Commitment, would exceed the DF Total Commitment minus (y) the aggregate principal amount of the outstanding Deposit LoansDF Loans and unreimbursed DF LC Disbursements that have been funded by the application of Deposits.
(iv) Concurrently with any termination reduction of the Deposit Commitments DF Total Commitment to zero pursuant to and in accordance with Section 2.07(a) or Article 7VII, the Administrative Agent shall withdraw from the Deposit Account and pay to each Deposit DF Lender such DF Lender’s Deposit Applicable Percentage of the excess at such time of the aggregate amount of the Deposits over the Deposit Undrawn/Unreimbursed DF LC Exposure.
(v) Concurrently with the effectiveness of any assignment by any Deposit DF Lender of all or any portion of its Deposit DF Commitment, the corresponding portion of the assignor’s Deposit Sub-Account shall be transferred from the assignor’s Deposit Sub-Account to the assignee’s Deposit Sub-Account in accordance with Section 10.04(b9.04(b) and, if required by Section 10.04(b9.04(b), the Administrative Agent shall close such assignor’s Deposit Sub-Account.
(vi) Upon the reduction of each of the Deposit Commitments DF Total Commitment and the Deposit Undrawn/Unreimbursed DF LC Exposure to zero, the Administrative Agent shall withdraw from the Deposit Account and pay to each Deposit DF Lender the entire remaining amount of such DF Lender’s Deposit Percentage of the remaining amountDeposit, and shall close the Deposit Account. Each Deposit DF Lender irrevocably and unconditionally agrees that its Deposit may be applied or withdrawn from time to time as set forth in this paragraph (c).
Appears in 1 contract
Samples: First Lien Credit Agreement (Goodyear Tire & Rubber Co /Oh/)