Secured Bank Product Agreement definition

Secured Bank Product Agreement means any Bank Product Agreement that is entered into by and between any Loan Party and any Bank Product Provider.

Secured Bank Product Agreement means any Bank Product Agreement that is entered into by and between the Borrower or any of the Restricted Subsidiaries and any Bank Product Provider, which is specified in writing by the Borrower to the Administrative Agent as constituting a Secured Bank Product Agreement hereunder.

Secured Bank Product Agreement means any Bank Product permitted to be incurred under Section 7.5 and permitted to be secured under Section 7.4 that is entered into by and between any Loan Party (and to the extent such Loan Party is not the Borrower, the Borrower as joint and several primary obligor thereunder) and any Bank Product Provider and designated by the Borrower and the Bank Product Provider in writing to the Agent as a “Secured Bank Product Agreement”; provided that no such agreement (shall constitute a Secured Bank Product Agreement unless and until Agent receives an agreement (in form and substance reasonably satisfactory to the Required Lenders) from such Person on or prior to the date that is ten (10) days after the provision of such Bank Product to a Loan Party (or such later date as Agent (at the direction of the Required Lenders) shall agree to in writing in its sole discretion) with respect to Bank Product Agreements entered into after the Closing Date. The designation of any Bank Products as a “Secured Bank Product Agreement” shall not create in favor of such Bank Product Provider any rights in connection with the management or release of Collateral or the obligations of any Loan Party under the Loan Documents.

Examples of Secured Bank Product Agreement in a sentence

• Each Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Loan Documents or any Secured Hedge Agreement, Secured Bank Product Agreement, or any Secured Cash Management Agreement, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction affecting any of such terms or the rights of, as applicable, any Lender Party or any Hedge Bank with respect thereto.

• Any Credit Extension may be made to Borrowers or continued from time to time, and any Secured Hedge Agreements and Secured Bank Product Agreements may be entered into from time to time, in each case without notice to or authorization from any Guarantor regardless of the financial or other condition of Borrowers at the time of any such grant or continuation or at the time such Secured Hedge Agreement or such Secured Bank Product Agreement, as applicable, is entered into, as the case may be.

• No Secured Hedge Agreement or Secured Bank Product Agreement will create (or be deemed to create) in favor of any Lender Counterparty or Lender Bank Product Provider, as applicable, that is a party thereto any rights in connection with the management or release of any Collateral or of the obligations of any Guarantor under the Credit Documents except as expressly provided in Section 10.5(c)(v) of this Agreement.

• Each Guarantor guarantees that the Guaranteed Obligations will be paid strictly in accordance with the terms of the Loan Documents or any Secured Hedge Agreement, Secured Bank Product Agreement, or any Secured Cash Management Agreement, regardless of any law, regulation or order now or hereafter in effect in any jurisdiction 108 affecting any of such terms or the rights of, as applicable, any Lender Party or any Hedge Bank with respect thereto.

• If at any time at any time a FILO Event of Default has occurred and is continuing or Availability is less than 25.0% of the Combined Loan Cap, the Administrative Agent shall fail to maintain Availability Reserves in respect of any Secured Bank Product Agreement or Secured Hedge Agreement as and to the extent required by this Section 9.15, the FILO Agent may include such Reserve against the FILO Borrowing Base.

More Definitions of Secured Bank Product Agreement

Secured Bank Product Agreement means any Bank Product Agreement that is entered into by and between Holdings, CGI Borrower or any of the Restricted Subsidiaries and any Bank Product Provider, which is specified in writing by the Borrower Representative to the Administrative Agent as constituting a Secured Bank Product Agreement hereunder (all Bank Product Agreements by and between Holdings, CGI Borrower or any Restricted Subsidiary and Canadian Imperial Bank of Commerce are designated as Secured Bank Product Agreements as of the Closing Date);

Secured Bank Product Agreement means any Bank Product Agreement that is entered into by and between any Loan Party and any Bank Product Bank.

Secured Bank Product Agreement means any (x) cash management arrangements, (y) commercial credit card, purchase card or merchant card services or (z) other banking products or services as may be requested by ant Loan Party (collectively, “Bank Products”) with a Loan Party that (i) is in effect on the Second Amendment Effective Date with a counterparty that is the Administrative Agent or a Lender or an Affiliate of the Administrative Agent or a Lender as of the Second Amendment Effective Date or (ii) is entered into after the Second Amendment Effective Date with any counterparty that is the Administrative Agent or a Lender or an Affiliate of the Administrative Agent or a Lender at the time such Bank Product is entered into.

Secured Bank Product Agreement any Interest Rate Protection Agreement, Permitted Hedging Arrangement or Bank Products Agreement entered into with any Person who was at the time of entry into such agreement a Lender or an Affiliate of any Lender, or any agreement providing for the provision of cash management services by any Lender or an Affiliate thereof to the Borrower or any Subsidiary thereof, or any other document made, delivered or given in connection therewith of such Guarantor.

Secured Bank Product Agreement means any Bank Product Agreement between any Credit Party and a Secured Bank Product Bank, in effect on the Closing Date or entered into thereafter, to the extent that (x) Capital One, National Association or any of its Affiliates is the Secured Bank Product Bank or (y) the Borrower Representative and such Secured Bank Product Bank have notified Agent in writing of the intent to include the obligations of such Credit Party arising under such Bank Product Agreement as Secured Bank Product Obligations, and such Secured Bank Product Bank shall have acknowledged and agreed to the terms contained herein applicable to Secured Bank Product Obligations, including the provisions of Sections 2.10, 9.13 and 10.24.

Secured Bank Product Agreement means any Bank Product permitted to be incurred under Section 7.5 and permitted to be secured under Section 7.4 that is entered into by and between any Loan Party (and to the extent such Loan Party is not the Borrower, the Borrower as joint and several primary obligor thereunder) and any Bank Product Provider and designated by the Borrower and the Bank Product Provider in writing to the Agent as a “Secured Bank Product Agreement”; provided that no such agreement shall constitute a Secured Bank Product Agreement unless and until Agent receives a notice that such an agreement exists from such Person on or prior to the date that is ten (10) days after the provision of such Bank Product to a Loan Party (or such later date as Agent (at the direction of the Required Lenders) shall agree to in writing in its sole discretion) with respect to Bank Product Agreements entered into after the Closing Date. The designation of any Bank Products as a “Secured Bank Product Agreement” shall not create in favor of such Bank Product Provider any rights in connection with the management or release of Collateral or the obligations of any Loan Party under the Loan Documents.

Secured Bank Product Agreement means any Bank Product Agreement between any Loan Party and any Bank Product Provider, including any Secured Hedge Agreement. “Secured Cash Management Agreement” means any Cash Management Agreement between any Loan Party and any Cash Management Bank. “Secured Hedge Agreement” means any interest rate, currency, foreign exchange, or commodity Swap Contract required by or not prohibited under Article VI or VII between any Loan Party and any Hedge Bank. “Secured Obligations” means all Obligations and all Additional Secured Obligations. “Secured Parties” means, collectively, the Administrative Agent, the Lenders, the L/C Issuer, the Bank Product Providers, the Cash Management Banks, the Indemnitees and each co-agent or sub-agent appointed by the Administrative Agent from time to time pursuant to Section 9.05.