Common use of Actions in Respect of the Letters of Credit upon Default Clause in Contracts

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Administrative Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Agent on behalf of the Lender Parties in same day funds at the Collateral Agent’s office designated in such demand, for deposit in the Deposit Account, an amount equal to the aggregate Reserved Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent or the Collateral Agent determines that any funds held in the Deposit Account are subject to any right or claim of any Person other than the Agents and the Lender Parties or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Administrative Agent or the Collateral Agent, pay to the Collateral Agent, as additional funds to be deposited and held in the Deposit Account, an amount equal to the excess of (a) such aggregate Reserved Available Amount over (b) the total amount of funds, if any, then held in the Deposit Account that the Administrative Agent or the Collateral Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Deposit Account, such funds shall be applied to reimburse the Issuing Bank or Revolving Credit Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Administrative Paying Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Agent on behalf of the Lender Parties Lenders, in same day funds at the Collateral Agent’s 's office designated in such demand, for deposit in the Deposit L/C Cash Collateral Account, an amount equal to the aggregate Reserved Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent or the Collateral Agent determines that any funds held in the Deposit L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents and the Lender Parties Lenders or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Administrative Agent or the Collateral AgentFacility Agents, pay to the Collateral Agent, as additional funds to be deposited and held in the Deposit L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Reserved Available Amount over (b) the total amount of funds, if any, then held in the Deposit L/C Cash Collateral Account that the Administrative Agent or the Collateral Agent, as the case may be, determines Facility Agents determine to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Deposit Account, such funds shall be applied to reimburse the Issuing Bank or Revolving Credit Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Administrative Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 10.2 or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Administrative Agent on behalf of the Lender Parties Lenders in same day funds at the Collateral Administrative Agent’s 's office designated in such demand, for deposit in the Deposit L/C Cash Collateral Account, an amount equal to the aggregate Reserved Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent or the Collateral Agent determines that any funds held in the Deposit L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents Administrative Agent and the Lender Parties Lenders or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Administrative Agent or the Collateral Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the Deposit L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Reserved Available Amount over (b) the total amount of funds, if any, then held in the Deposit L/C Cash Collateral Account that the Administrative Agent or the Collateral Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Deposit Account, such funds shall be applied to reimburse the Issuing Bank or Revolving Credit Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Administrative Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Agent on behalf of the Lender Parties in same day funds at the Collateral Agent’s 's office designated in such demand, for deposit in a cash collateral account, securing the Deposit AccountObligations of the Borrower in respect of the Letter of Credit Facility, in favor of the Collateral Agent on terms and conditions satisfactory to the Administrative Agent, an amount equal to the aggregate Reserved Available Amount of all Letters of Credit then outstandingout standing. If at any time the Administrative Agent or the Collateral Agent determines that any funds held in the Deposit Account such cash collateral account are subject to any right or claim of any Person other than the Agents Agent and the Lender Parties or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Administrative Agent or the Collateral Agent, pay to the Collateral Agent, as additional funds to be deposited and held in the Deposit Accountsuch cash collateral account, an amount equal to the excess of (a) such aggregate Reserved Available Amount over (b) the total amount of funds, if any, then held in the Deposit Account such cash collateral account that the Administrative Agent or the Collateral Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Deposit Accountsuch cash collateral account, such funds shall be applied to reimburse the Issuing Bank or Revolving Credit Lenders, as applicable, to the extent permitted by applicable law.. 80 85

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Administrative Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower Borrowers to, and forthwith upon such demand the Borrower Borrowers will, pay to the Collateral Administrative Agent on behalf of the Lender Parties Lenders in same day funds at the Collateral Administrative Agent’s office designated in such demand's Office, for deposit in the Deposit relevant L/C Cash Collateral Account, an amount equal to the aggregate Reserved Available Amount of all Letters of Credit then outstanding, which funds shall be retained by the Administrative Agent in the relevant L/C Collateral Account as collateral security for the Letter of Credit Liabilities until such time as the Letters of Credit shall have been terminated and all of such Letter of Credit Liabilities paid in full. If at any time the Administrative Agent or the Collateral Agent determines that any funds held in the Deposit relevant L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents Administrative Agent and the Lender Parties Lenders or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Letters of Credit, the Borrower Borrowers will, forthwith upon demand by the Administrative Agent or the Collateral Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the Deposit relevant L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Reserved Available Amount over (b) the total amount of funds, if any, then held in the Deposit such L/C Cash Collateral Account that the Administrative Agent or the Collateral Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Deposit Account, such funds shall be applied to reimburse the Issuing Bank or Revolving Credit Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Administrative Agent may, or shall at the request of the Required LendersBanks, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower Company to, and forthwith upon such demand the Borrower Company will, pay to the Collateral Agent on behalf of the Lender Parties Banks in same day funds at the Collateral Agent’s 's office designated in such demand, for deposit in the Deposit L/C Cash Collateral Account, an amount equal to the aggregate Reserved Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent or the Collateral Agent determines that any funds held in the Deposit L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents and the Lender Parties Banks or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Letters of Credit, the Borrower Company will, forthwith upon demand by the Administrative Agent or the Collateral Agent, pay to the Collateral Agent, as additional funds to be deposited and held in the Deposit L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Reserved Available Amount over (b) the total amount of funds, if any, then held in the Deposit L/C Cash Collateral Account that the Administrative Agent or the Collateral Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Deposit L/C Cash Collateral Account, such funds shall be applied to reimburse the Issuing relevant Funding Bank or Revolving Credit Lenders, as applicableratably in accordance with the aggregate Exposure at such time, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default or, during the Certain Funds Period, Relevant Event of Default shall have occurred and be continuing, the Administrative Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Administrative Agent on behalf of the Lender Parties in same day funds at the Collateral Administrative Agent’s 's office designated in such demand, for deposit in the Deposit L/C Cash Collateral Account, an amount equal to the aggregate Reserved Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent or the Collateral Agent determines that any funds held in the Deposit L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents Administrative Agent and the Lender Parties or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Administrative Agent or the Collateral Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the Deposit L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Reserved Available Amount over (b) the total amount of funds, if any, then held in the Deposit L/C Cash Collateral Account that the Administrative Agent or the Collateral Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Deposit Account, such funds shall be applied to reimburse the Issuing Bank or Revolving Credit Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Administrative Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower Borrowers to, and forthwith upon such demand the Borrower Borrowers will, pay to the Collateral Administrative Agent on behalf of the Lender Parties Lenders in same day funds at the Collateral Administrative Agent’s 's office designated in such demand, for deposit in the Deposit L/C Cash Collateral Account, an amount equal to the aggregate Reserved Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent or the Collateral Agent determines that any funds held in the Deposit L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents Administrative Agent and the Lender Parties Lenders or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Letters of Credit, the Borrower Borrowers will, forthwith upon demand by the Administrative Agent or the Collateral Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the Deposit L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Reserved Available Amount over (b) the total amount of funds, if any, then held in the Deposit L/C Cash Collateral Account that the Administrative Agent or the Collateral Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Deposit Account, such funds shall be applied to reimburse the Issuing Bank or Revolving Credit Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Appropriate Administrative Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower Borrowers to, and forthwith upon such demand the Borrower Borrowers will, pay to the Collateral Appropriate Administrative Agent on behalf of the Lender Parties Lenders in same day funds at the Collateral Administrative Agent’s 's office designated in such demand, for deposit in a non-interest bearing cash collateral account in the Deposit name of such Borrower but under the sole control and dominion of the Appropriate Administrative Agent and subject to the terms of this Agreement (the "L/C Cash Collateral Account"), an amount equal to the aggregate Reserved Available Amount of all Letters of Credit then outstanding. If at any time the Appropriate Administrative Agent or the Collateral Agent determines that any funds held in the Deposit L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents and the Lender Parties Lenders or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Letters of Credit, the such Borrower will, forthwith upon demand by the such Administrative Agent or the Collateral Agent, pay to the Collateral such Administrative Agent, as additional funds to be deposited and held in the Deposit L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Reserved Available Amount over (b) the total amount of funds, if any, then held in the Deposit L/C Cash Collateral Account that the such Administrative Agent or the Collateral Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Deposit Account, such funds shall be applied to reimburse the Issuing Bank or Revolving Credit Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Administrative Agent maymay from time to time, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 7.01 or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Administrative Agent on behalf of the Lender Parties in same day funds at the Collateral Administrative Agent’s office designated in such demand, for deposit in to a non-interest bearing account established by the Deposit Administrative Agent for such purposes or for purposes of Sections 2.05(b)(iv), 2.05(c) or 3.01 or (the “L/C Cash Collateral Account”), an amount equal to the aggregate Reserved Available Amount of all Letters of Credit then outstandingoutstanding (and the Borrower hereby grants to the Administrative Agent, for the ratable benefit of the Administrative Agent and each Lender Party, a continuing security interest in all amounts at any time on deposit in the L/C Cash Collateral Account to secure all Letter of Credit Obligations from time to time outstanding and all other Obligations hereunder). If at any time the Administrative Agent or the Collateral Agent determines that any funds held in the Deposit L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents Administrative Agent and the Lender Parties or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Administrative Agent or the Collateral Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the Deposit L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Reserved Available Amount over (b) the total amount of funds, if any, then held in the Deposit L/C Cash Collateral Account that the Administrative Agent or the Collateral Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Deposit Account, such funds shall be applied to reimburse the Issuing Bank or Revolving Credit Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Administrative Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower Borrowers to, and forthwith upon such demand the Borrower Borrowers will, pay to the Collateral Agent on behalf of the Lender Parties Lenders in same day funds at the Collateral Agent’s office designated in such demand's Office, for deposit in the Deposit relevant L/C Cash Collateral Account, an amount equal to the aggregate Reserved Available Amount of all Letters of Credit then outstanding, which funds shall be retained by the Agent in the relevant L/C Collateral Account (as provided therein as collateral security for the Letter of Credit Liabilities) until such time as the Letters of Credit shall have been terminated and all of such Letter of Credit Liabilities paid in full. If at any time the Administrative Agent or the Collateral Agent determines that any funds held in the Deposit relevant L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents Agent and the Lender Parties Lenders Credit Agreement ---------------- or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Letters of Credit, the Borrower Borrowers will, forthwith upon demand by the Administrative Agent or the Collateral Agent, pay to the Collateral Agent, as additional funds to be deposited and held in the Deposit relevant L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Reserved Available Amount over (b) the total amount of funds, if any, then held in the Deposit such L/C Cash Collateral Account that the Administrative Agent or the Collateral Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Deposit Account, such funds shall be applied to reimburse the Issuing Bank or Revolving Credit Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Working Capital Facility Event of Default shall have occurred and be continuing, the Administrative Agent may, or shall at the request of the Required Working Capital Facility Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Administrative Agent on behalf of the Lender Parties under the Working Capital Facility in same day funds at the Collateral Administrative Agent’s 's office designated in such demand, for deposit in the Deposit L/C Cash Collateral Account, an amount equal to the aggregate Reserved Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent or the Collateral Agent determines that any funds held in the Deposit L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents Administrative Agent and the such Lender Parties or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Administrative Agent or the Collateral Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the Deposit L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Reserved Available Amount over (b) the total amount of funds, if any, then held in the Deposit L/C Cash Collateral Account that the Administrative Agent or the Collateral Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Deposit Account, such funds shall be applied to reimburse the Issuing Bank or Revolving Credit Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Administrative Agent may, or shall at the request of the Required Requisite Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 8.1 or otherwise, make demand upon the Borrower Company to, and forthwith upon such demand the Borrower Company will, pay to the Collateral Agent on behalf of the Lender Parties in same day funds at the Collateral Agent’s office designated in such demand, for deposit in the Deposit L/C Cash Collateral Account, an amount equal to the aggregate Reserved Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent or the Collateral Agent determines that any funds held in the Deposit L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents and the Lender Parties or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Letters of Credit, the Borrower Company will, forthwith upon demand by the Administrative Agent or the Collateral Agent, pay to the Collateral Agent, as additional funds to be deposited and held in the Deposit L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Reserved Available Amount over (b) the total amount of funds, if any, then held in the Deposit L/C Cash Collateral Account that the Administrative Agent or the Collateral Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Deposit L/C Cash Collateral Account, such funds shall be applied to reimburse the Issuing Bank Banks or Revolving Credit Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If -------------------------------------------------------- any Event of Default shall have occurred and be continuing, the Administrative Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Administrative Agent on behalf of the Lender Parties Lenders in same day funds at the Collateral Administrative Agent’s office designated in such demand's Office, for deposit in the Deposit relevant L/C Cash Collateral Account, an amount equal to the aggregate Reserved Available Amount of all Letters of Credit then outstanding, which funds shall be retained by the Administrative Agent in the relevant L/C Collateral Account as collateral security for the Letter of Credit Liabilities until such time as the Letters of Credit shall have been terminated and all of such Letter of Credit Liabilities paid in full. If at any time the Administrative Agent or the Collateral Agent determines that any funds held in the Deposit relevant L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents Administrative Agent and the Lender Parties Lenders or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Administrative Agent or the Collateral Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the Deposit relevant L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Reserved Available Amount over (b) the total amount of funds, if any, then ---- held in the Deposit such L/C Cash Collateral Account that the Administrative Agent or the Collateral Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Deposit Account, such funds shall be applied to reimburse the Issuing Bank or Revolving Credit Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Administrative Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Agent on behalf of the Lender Parties in same day funds at the Collateral Agent’s 's office designated in such demand, for deposit in the Deposit Account, an amount equal to the aggregate Reserved Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent or the Collateral Agent determines that any funds held in the Deposit Account are subject to any right or claim of any Person other than the Agents and the Lender Parties or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Administrative Agent or the Collateral Agent, pay to the Collateral Agent, as additional funds to be deposited and held in the Deposit Account, an amount equal to the excess of (a) such aggregate Reserved Available Amount over (b) the total amount of funds, if any, then held in the Deposit Account that the Administrative Agent or the Collateral Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds 70 are on deposit in the Deposit Account, such funds shall be applied to reimburse the Issuing Bank or Revolving Credit Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Administrative Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 7.01 or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Administrative Agent on behalf of the Lender Parties Lenders in same day funds at the Collateral Administrative Agent’s office designated in such demand's Account, for deposit in a segregated account held by the Deposit AccountAdministrative Agent, an amount equal to the aggregate Reserved Available Amount of all Letters of Credit then outstanding, which funds shall be retained by the Administrative Agent as collateral security for the Letter of Credit Liabilities until such time as the Letters of Credit shall have been terminated and all of such Letter of Credit Liabilities paid in full. If at any time the Administrative Agent or the Collateral Agent determines that any funds so segregated and held in the Deposit Account are subject to any right or claim of any Person other than the Agents Administrative Agent and the Lender Parties Lenders or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Administrative Agent or the Collateral Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the Deposit Accountsuch segregated account, an amount equal to the excess of (a) such aggregate Reserved Available Amount over (b) the total amount of funds, if any, then segregated and held in the Deposit Account that the Administrative Agent or the Collateral Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Deposit Account, such funds shall be applied to reimburse the Issuing Bank or Revolving Credit Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the each Administrative Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower Borrowers to, and forthwith upon such demand the Borrower Borrowers will, pay to the Collateral Agent Administrative Agents on behalf of the Lender Parties in same day funds at the Collateral Administrative Agent’s office designated in such demandOffices, for deposit in the Deposit AccountL/C Cash Collateral Accounts, an amount equal to 103% of the aggregate Reserved Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent or the Collateral Agent under any Revolving Credit Facility determines that any funds held in the Deposit L/C Cash Collateral Account with respect to such Revolving Credit Facility are subject to any right or claim of any Person other than the Agents such Administrative Agent and the Lender Parties under such Revolving Credit Facility or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Letters of CreditCredit under such Revolving Credit Facility, the Borrower Borrowers under such Revolving Credit Facility will, forthwith upon demand by the such Administrative Agent or the Collateral Agent, pay to the Collateral such Administrative Agent, as additional funds to be deposited and held in the Deposit such L/C Cash Collateral Account, an amount equal to 103% of the excess of (a) such aggregate Reserved Available Amount over (b) the total amount of funds, if any, then held in the Deposit such L/C Cash Collateral Account that the such Administrative Agent or the Collateral Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Deposit Account, such funds shall be applied to reimburse the Issuing Bank or Revolving Credit Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Administrative Agent Majority Lenders may, or shall at the request of the Required Lenders, irrespective of whether it is they are taking any of the other actions described in Section 6.01 this Article 10 or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Administrative Agent on behalf for the benefit of the Lender Parties Lenders in same day funds at the Collateral Agent’s office designated in such demandaccordance with Section 2.14, for deposit in the Deposit Accounta cash collateral account, an amount equal to the aggregate Reserved Available Amount face amount of all Letters of Credit then outstanding. If at any time the Administrative Agent or the Collateral Agent determines Majority Lenders determine that any funds held in the Deposit Account any such cash collateral account are subject to any right or claim of any Person other than the Agents and the Lender Parties Lenders or that the total amount of such funds is less than the aggregate Reserved Available Amount face amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Administrative Agent or the Collateral AgentMajority Lenders, pay to the Collateral AgentAdministrative Agent for the benefit of the Lenders, as additional funds to be deposited and held in the Deposit Accountsuch cash collateral account, an amount equal to the excess of (a) such the aggregate Reserved Available Amount face amount of the then outstanding Letters of Credit over (b) the total amount of funds, if any, then held in the Deposit Account such cash collateral account that the Administrative Agent or the Collateral Agent, as the case may be, determines Majority Lenders determine to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Deposit Account, such funds shall be applied to reimburse the Issuing Bank or Revolving Credit Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Administrative Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 6.01, Section 20 of the Security Agreement or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Administrative Agent on behalf of the Lender Parties in same day funds at the Collateral Administrative Agent’s office designated in such demand, for deposit in the Deposit L/C Cash Collateral Account, an amount equal to the aggregate Reserved Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent or the Collateral Agent an Issuing Bank determines that any funds held in the Deposit L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents and the Lender Parties with respect to the Obligations of the Loan Parties under the Loan Documents, or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Administrative Agent or the Collateral Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the Deposit L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Reserved Available AMERICAS/2023134647.11 95 Amount over (b) the total amount of funds, if any, then held in the Deposit L/C Cash Collateral Account that the Administrative Agent or the Collateral Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Deposit L/C Cash Collateral Account, such funds shall be applied to reimburse the applicable Issuing Bank or Revolving Credit Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Administrative Agent may, or shall at the request of the Required Revolving Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the any Borrower to, and forthwith upon such demand the Applicableapplicable Borrower will, pay to the Collateral Administrative Agent on behalf of the Lender Parties in same day funds at the Collateral Administrative Agent’s office designated in such demand, for deposit in the Deposit L/C Cash Collateral Account, an amount equal to 105% of the aggregate Reserved Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent or the Collateral Agent determines that any funds held in the Deposit L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents Administrative Agent and the Lender Parties or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Letters of Credit, the Applicableapplicable Borrower will, forthwith upon demand by the Administrative Agent or the Collateral Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the Deposit L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Reserved Available Amount over (b) the total amount of funds, if any, then held in the Deposit L/C Cash Collateral Account that the Administrative Agent or the Collateral Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Deposit Account, such funds shall be applied to reimburse the Issuing Bank or Revolving Credit Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Administrative Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 7.01 or otherwise, make demand upon the Borrower Company to, and forthwith upon such demand the Borrower Company will, pay to the Collateral Administrative Agent on behalf of the Lender Parties Lenders in same day funds at the Collateral Administrative Agent’s office designated in such demand's Account, for deposit in the Deposit L/C Cash Collateral Account, an amount equal to the aggregate Reserved Available Amount of all Letters of Credit then outstanding, which funds shall be retained by the Administrative Agent in the L/C Collateral Account as collateral security for the Letter of Credit Liabilities until such time as the Letters of Credit shall have been terminated and all of such Letter of Credit Liabilities paid in full. If at any time the Administrative Agent or the Collateral Agent determines that any funds held in the Deposit L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents Administrative Agent and the Lender Parties Lenders or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Letters of Credit, the Borrower Company will, forthwith upon demand by the Administrative Agent or the Collateral Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the Deposit L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Reserved Available Amount over (b) the total amount of funds, if any, then held in the Deposit L/C Cash Collateral Account that the Administrative Agent or the Collateral Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Deposit Account, such funds shall be applied to reimburse the Issuing Bank or Revolving Credit Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Administrative Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower to, and forthwith upon such demand the Borrower will, pay to the Collateral Agent on behalf of the Lender Parties in same day funds at the Collateral Agent’s 's office designated in such demand, for deposit in the Deposit Account, an amount equal to the aggregate Reserved Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent or the Collateral Agent determines that any funds held in the Deposit Account are subject to any right or claim of any Person other than the Agents and the Lender Parties or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Letters of Credit, the Borrower will, forthwith upon demand by the Administrative Agent or the Collateral Agent, pay to the Collateral Agent, as additional funds to be deposited and held in the Deposit Account, an amount equal to the excess of (a) such aggregate Reserved Available Amount over (b) the total amount of funds, if any, then held in the Deposit Account that the Administrative Agent or the Collateral Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Deposit Account, such funds shall be applied to reimburse the Issuing Bank or Revolving Credit Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Administrative Agent may, or shall at and upon the request of the Required LendersLenders shall, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower Company to, and forthwith upon such demand the Borrower Company will, pay to the Collateral Administrative Agent on behalf of the Lender Parties in same day funds at the Collateral Administrative Agent’s office designated in such demand, for deposit in the Deposit L/C Cash Collateral Account, an amount equal to the aggregate Reserved Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent or the Collateral Agent determines that any funds held in the Deposit L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents Administrative Agent and the Lender Parties or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Letters of Credit, the Borrower Company will, forthwith upon demand by the Administrative Agent or the Collateral Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the Deposit L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Reserved Available Amount over (b) the total amount of funds, if any, then held in the Deposit L/C Cash Collateral Account that the Administrative Agent or the Collateral Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Deposit L/C Cash Collateral Account, such funds shall be applied to reimburse the Issuing Bank or Revolving Credit Lenders, as applicable, to the extent permitted by applicable law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Administrative Agent may, or shall at the request of the Required Majority Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 8.2 or otherwise, make demand upon the Borrower EnergySolutions to, and forthwith upon such demand the Borrower EnergySolutions will, pay to the Collateral Administrative Agent on behalf of the Lender Parties in same day funds at the Collateral Administrative Agent’s office designated in such demand, for deposit in the Deposit L/C Collateral Account, an amount equal to the aggregate Reserved Available Amount of all Revolving Letters of Credit then outstanding. If at any time the Administrative Agent or the Collateral Agent determines that any funds held in the Deposit L/C Collateral Account are subject to any right or claim of any Person other than the Agents and the Lender Parties or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Revolving Letters of Credit, the Borrower EnergySolutions will, forthwith upon demand by the Administrative Agent or the Collateral Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the Deposit L/C Collateral Account, an amount equal to the excess of (a) such aggregate Reserved Available Amount over (b) the total amount of funds, if any, then held in the Deposit L/C Collateral Account that the Administrative Agent or the Collateral Agent, as the case may be, determines to be free and clear of any such right and claim. Upon the drawing of any Revolving Letter of Credit for which funds are on deposit in the Deposit L/C Collateral Account, such funds shall be applied to reimburse the Revolving Issuing Bank or Revolving Credit Lenders, as applicable, to the extent permitted by applicable lawApplicable Law.

Actions in Respect of the Letters of Credit upon Default. If any Event of Default shall have occurred and be continuing, the Administrative Agent may, or shall at the request of the Required Lenders, irrespective of whether it is taking any of the actions described in Section 6.01 or otherwise, make demand upon the Borrower Company to, and forthwith upon such demand the Borrower Company will, pay to the Collateral Administrative Agent on behalf of the Lender Parties in same day funds at the Collateral Administrative Agent’s 's office designated in such demand, for deposit in the Deposit L/C Cash Collateral Account, an amount equal to the aggregate Reserved Available Amount of all Letters of Credit then outstanding. If at any time the Administrative Agent or the Collateral Agent reasonably determines that any funds held in the Deposit L/C Cash Collateral Account are subject to any right or claim of any Person other than the Agents Administrative Agent and the Lender Secured Parties or that the total amount of such funds is less than the aggregate Reserved Available Amount of all Letters of Credit, the Borrower Company will, forthwith upon demand by the Administrative Agent or the Collateral Agent, pay to the Collateral Administrative Agent, as additional funds to be deposited and held in the Deposit L/C Cash Collateral Account, an amount equal to the excess of (a) such aggregate Reserved Available Amount over (b) the total amount of funds, if any, then held in the Deposit L/C Cash Collateral Account that the Administrative Agent or the Collateral Agent, as the case may be, reasonably determines to be free and clear of any such right and claim. Upon the drawing of any Letter of Credit for which funds are on deposit in the Deposit L/C Cash Collateral Account, such funds shall be applied applied, to the extent permitted under applicable law, to reimburse the Issuing Bank or Revolving Credit the Lenders, as applicable, to the extent permitted by applicable law.. THE AGENTS