Secured Cash Management Agreements definition

Secured Cash Management Agreements means, collectively, any agreement to provide cash management services, including treasury, depository, overdraft, credit or debit card, electronic funds transfer and other cash management arrangements, that is entered into by and between the Borrower and any Cash Management Bank.

Secured Cash Management Agreements means each Cash Management Agreement entered into by a Loan Party with any Lender or any affiliate thereof (even if such Lender subsequently ceases to be a Lender under this Agreement for any reason) the obligations of which have been designated pursuant to Section 13.21 as being treated as “Cash Management Services Obligations” so long as such Lender or such affiliate participates in such Secured Cash Management Agreement.

Secured Cash Management Agreements under, and as defined in, the Bank of America Credit Agreement; (t) Incremental Equivalent Debt in an aggregate principal amount measured at the time of incurrence not to exceed the then remaining Incremental Amount; (u) any Refinancing Debt Securities and any Permitted Refinancing Indebtedness in respect of the foregoing; (v) Indebtedness under tri-party guarantee agreements (guaranteeing Indebtedness of third-party suppliers) in an aggregate principal amount outstanding at any one time not to exceed the greater of (i) $375,000,000 and (ii) 25.0% of Consolidated EBITDA for the most recently ended Test Period; (w) any Indebtedness among Restricted Subsidiaries arising under a declaration of joint and several liability (hoofdelijke aansprakelijkheid) pursuant to Section 2:403 of the Dutch Civil Code issued by a Subsidiary incorporated in the Netherlands and any residual liability with respect to such declaration arising under Section 2:404 of the Dutch Civil Code; and (x) any Indebtedness arising as a result of (the establishment of) a fiscal unity (fiscale eenheid) for Dutch corporate income tax purposes or Dutch value added tax only between Restricted Subsidiaries located in the Netherlands. The accrual of interest, the accretion of accreted value, the payment of interest in the form of additional Indebtedness, the payment of dividends on Disqualified Equity Interests in the form of additional shares of Disqualified Equity Interests, accretion or amortization of original issue discount or liquidation preferences and increases in the amount of Indebtedness outstanding solely as a result of fluctuations in the applicable amount of any Indebtedness will not be deemed to be an incurrence of Indebtedness for purposes of this Section 8.01. The principal amount of any non-interest bearing Indebtedness or other discount security constituting Indebtedness at any date shall be the principal amount thereof that would be shown on a consolidated balance sheet of the Borrower dated such date prepared in accordance with GAAP. This Agreement will not treat

Examples of Secured Cash Management Agreements in a sentence

• Notwithstanding the foregoing, Obligations arising under Secured Cash Management Agreements and Secured Hedge Agreements shall be excluded from the application described above if the Administrative Agent has not received written notice thereof, together with such supporting documentation as the Administrative Agent may request, from the applicable Cash Management Bank or Hedge Bank, as the case may be.

• The Administrative Agent shall not be required to verify the payment of, or that other satisfactory arrangements have been made with respect to, Secured Obligations arising under Secured Cash Management Agreements and Secured Hedge Agreements in the case of a Facility Termination Date.

• Notwithstanding the foregoing, Secured Obligations arising under Secured Cash Management Agreements and Secured Hedge Agreements shall be excluded from the application described above if the Administrative Agent has not received written notice thereof, together with such supporting documentation as the Administrative Agent may request, from the applicable Cash Management Bank or Hedge Bank, as the case may be.

• Notwithstanding the foregoing, Secured Obligations arising under Secured Cash Management Agreements and Secured Hedge Agreements shall be excluded from the application described above if the Administrative Agent has not received a Secured Party Designation Notice, together with such supporting documentation as the Administrative Agent may request, from the applicable Cash Management Bank or Hedge Bank, as the case may be.

• Notwithstanding the foregoing, Obligations arising under Secured Cash Management Agreements and Secured Hedge Agreements shall be excluded from the application described above if the Administrative Agent has not received a Secured Party Designation Notice, together with such supporting documentation as the Administrative Agent may request, from the applicable Cash Management Bank or Hedge Bank, as the case may be.

More Definitions of Secured Cash Management Agreements

Secured Cash Management Agreements means each Cash Management Agreement entered into by a Loan Party with any Lender, any Term Loan Lender or any affiliate thereof (even if (i) in the case of a Lender, the respective Lender subsequently ceases to be a Lender under this Agreement for any reason and (ii) in the case of a Term Loan Lender, the respective Term Loan Lender subsequently ceases to be a Term Loan Lender under the Term Loan Facility for any reason) the obligations of which have been designated pursuant to Section 13.21 as being treated as “Cash Management Services Obligations” so long as such Lender, such Term Loan Lender or such affiliate participates in such Secured Cash Management Agreement.

Secured Cash Management Agreements means (i) each Cash Management Agreement entered into by an Obligor with any Lender Counterparty and (ii) each Cash Management Agreement entered into by an Obligor with any Person which is not a Lender Counterparty, provided that (x) such Cash Management Agreement expressly states that it constitutes a “Secured Cash Management Agreement” for purposes of this Agreement and the other Credit Documents, (y) the Obligor and the other parties thereto shall have delivered to the Administrative Agent a written notice specifying that such Cash Management Agreement constitutes a “Secured Cash Management Agreement” for purposes of this Agreement and the other Credit Documents and in the case of such Obligor, that such Secured Cash Management Agreement and the obligations of the Obligors thereunder have been, and will be, incurred in compliance with this Agreement and (z) such other Person has entered into an intercreditor agreement with respect to the relevant Cash Management Agreement on terms reasonably satisfactory to the Administrative Agent.

Secured Cash Management Agreements has the meaning ascribed thereto in each of the Revolving Credit Agreement and the Term Loan Credit Agreement, respectively.

Secured Cash Management Agreements has the meaning given to it in the US Guarantee and Collateral Agreement.

Secured Cash Management Agreements as defined in the Guarantee and Collateral Agreement.

Secured Cash Management Agreements means those agreements entered into from time to time by any Grantor with a Cash Management Creditor in connection with the obtaining of any of the Cash Management Services.

Secured Cash Management Agreements. “Secured Hedge Agreements”; “Secured Obligations”; “Secured Parties” and “Security Agreement”.