Common use of Cash Collateralize Clause in Contracts

Cash Collateralize. the delivery of cash to Agent, as security for the payment of Obligations, in an amount equal to (a) with respect to LC Obligations, 103% of the aggregate LC Obligations, and (b) with respect to any inchoate, contingent or other Obligations (including Secured Bank Product Obligations), Agent’s good faith estimate of the amount due or to become due, including fees, expenses and indemnification hereunder. “Cash Collateralization” has a correlative meaning. Cash Dominion Trigger Period: the period (a) commencing on any date in which a Specified Default or an Event of Default occurs or Availability is less than the greater of (i) $17,500,000 and (ii) 10% of the Commitments at such time and (b) continuing until the first date thereafter on which no Specified Default or Event of Default has existed for 45 consecutive days and Availability has been at least the greater of (i) $17,500,000 and (ii) 10% of the Commitments at all times for 45 consecutive days. Cash Equivalents: (a) direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America (or by any agency thereof to the extent such obligations are backed by the full faith and credit of the United States of America), in each case maturing within one year from the date of issuance thereof; (b) investments in commercial paper maturing within 270 days from the date of issuance thereof and having, at such date of acquisition, the highest credit rating obtainable from Moody’s or from S&P; (c) investments in certificates of deposit, banker’s acceptances and time deposits maturing within one year from the date of acquisition thereof issued or guaranteed by or placed with, and money market deposit accounts issued or offered by, the Administrative Agent or any domestic office of any commercial bank organized under the laws of the United States of America or any State thereof that has a combined capital and surplus and undivided profits at the date of acquisition thereof of not less than $500,000,000 and that issues (or the parent of which issues) commercial paper rated at least “Prime 1” (or the then equivalent grade) by Moody’s or “A-1” (or the then equivalent grade) by S&P; (d) fully collateralized repurchase agreements with a term of not more than 30 days for securities described in clause (a) above and entered into with a financial institution satisfying the criteria of clause (c) above; and (e) investments in “money market funds” within the meaning of Rule 2a-7 of the Investment Company Act of 1940, as amended, substantially all of whose assets are invested in investments of the type described in clauses (a) through (d) above.

Cash Collateralize. the delivery of cash to Agent, as security for the payment of Obligations, in an amount equal to (a) with respect to LC Obligations, 103105% of the aggregate LC Obligations, and (b) with respect to any inchoate, contingent or other Obligations (including Secured Bank Product Obligations, but excluding indemnification obligations which are either contingent or inchoate to the extent no claims giving rise thereto have been asserted), Agent’s good faith faith, reasonable estimate of the amount that is due or to could become due, including fees, expenses all fees and indemnification hereunderother amounts relating to such Obligations. “Cash Collateralization” has a correlative meaning. Cash Dominion Trigger Period: the period (a) commencing on any date in which a Specified Default or an Event of Default occurs or Availability is less than the greater of (i) $17,500,000 and (ii) 10% of the Commitments at such time and (b) continuing until the first date thereafter on which no Specified Default or Event of Default has existed for 45 consecutive days and Availability has been at least the greater of (i) $17,500,000 and (ii) 10% of the Commitments at all times for 45 consecutive days. Cash Equivalents: (a) direct marketable obligations ofissued by, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America (government or by any agency or instrumentality thereof to the extent such obligations are and backed by the full faith and credit of the United States of America)government, in each case maturing within one year from 12 months of the date of issuance thereofacquisition; (b) investments in commercial paper certificates of deposit, time deposits and bankers’ acceptances maturing within 270 days from 12 months of the date of issuance thereof and having, at such date of acquisition, and overnight bank deposits, in each case which are issued by Bank of the highest credit rating obtainable from Moody’s West, any Lender or from S&P; (c) investments in certificates of deposit, banker’s acceptances and time deposits maturing within one year from the date of acquisition thereof issued or guaranteed by or placed with, and money market deposit accounts issued or offered by, the Administrative Agent or any domestic office of any a commercial bank organized under the laws of the United States of America or any State thereof that has a combined capital and surplus and undivided profits state or district thereof, rated A-1 (or better) by S&P or P-1 (or better) by ▇▇▇▇▇’▇ at the date time of acquisition thereof of acquisition, and (unless issued by a Lender) not less than $500,000,000 and that issues (or the parent of which issues) commercial paper rated at least “Prime 1” (or the then equivalent grade) by Moody’s or “A-1” (or the then equivalent grade) by S&Psubject to offset rights; (dc) fully collateralized repurchase agreements obligations with a term of not more than 30 days for securities described in clause (a) above and entered into with a financial institution satisfying the criteria of clause (c) above; and (e) investments in “money market funds” within the meaning of Rule 2a-7 of the Investment Company Act of 1940, as amended, substantially all of whose assets are invested in underlying investments of the type types described in clauses (a) through and (b) entered into with any bank described in clause (b); (d) commercial paper issued by Bank of the West, any Lender or rated A-1 (or better) by S&P or P-1 (or better) by ▇▇▇▇▇’▇, and maturing within nine months of the date of acquisition; and (e) shares of any money market fund that has substantially all of its assets invested continuously in the types of investments referred to above, has net assets of at least $500,000,000 and has the highest rating obtainable from either ▇▇▇▇▇’▇ or S&P. Cash Management Services: any services provided from time to time by Bank of the West, any Lender or any of their respective Affiliates to any Borrower or Subsidiary in connection with operating, collections, payroll, trust, or other depository or disbursement accounts, including automated clearinghouse, e-payable, electronic funds transfer, wire transfer, controlled disbursement, overdraft, depository, information reporting, lockbox and stop payment services. CERCLA: the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. § 9601 et seq.).

Cash Collateralize. the delivery of cash to Agent, as security for the payment of Obligations, in an amount equal to (a) with respect to LC Obligations, 103105% of the aggregate LC Obligations, and (b) with respect to any inchoate, contingent or other Obligations (including Secured Bank Product Obligations, but excluding indemnification obligations which are either contingent or inchoate to the extent no claims giving rise thereto have been asserted), Agent’s 's good faith faith, reasonable estimate of the amount that is due or to could become due, including fees, expenses all fees and indemnification hereunderother amounts relating to such Obligations. “Cash Collateralization” has a correlative meaning. Cash Dominion Trigger Period: the period (a) commencing on any date in which a Specified Default or an Event of Default occurs or Availability is less than the greater of (i) $17,500,000 and (ii) 10% of the Commitments at such time and (b) continuing until the first date thereafter on which no Specified Default or Event of Default has existed for 45 consecutive days and Availability has been at least the greater of (i) $17,500,000 and (ii) 10% of the Commitments at all times for 45 consecutive days. Cash Equivalents: (a) direct marketable obligations ofissued by, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America (government or by any agency or instrumentality thereof to the extent such obligations are and backed by the full faith and credit of the United States of America)government, in each case maturing within one year from 12 months of the date of issuance thereofacquisition; (b) investments in commercial paper certificates of deposit, time deposits and bankers' acceptances maturing within 270 days from 12 months of the date of issuance thereof and having, at such date of acquisition, and overnight bank deposits, in each case which are issued by Bank of the highest credit rating obtainable from Moody’s West, any Lender or from S&P; (c) investments in certificates of deposit, banker’s acceptances and time deposits maturing within one year from the date of acquisition thereof issued or guaranteed by or placed with, and money market deposit accounts issued or offered by, the Administrative Agent or any domestic office of any a commercial bank organized under the laws of the United States of America or any State thereof that has a combined capital and surplus and undivided profits at the date of acquisition thereof of not less than $500,000,000 and that issues state or district thereof, rated A-1 (or the parent of which issuesbetter) commercial paper rated at least “Prime 1” by S&P or P-1 (or the then equivalent gradebetter) by Moody’s or “A-1” 's at the time of acquisition, and (or the then equivalent gradeunless issued by a Lender) by S&Pnot subject to offset rights; (dc) fully collateralized repurchase agreements obligations with a term of not more than 30 days for securities described in clause (a) above and entered into with a financial institution satisfying the criteria of clause (c) above; and (e) investments in “money market funds” within the meaning of Rule 2a-7 of the Investment Company Act of 1940, as amended, substantially all of whose assets are invested in underlying investments of the type types described in clauses (a) through and (b) entered into with any bank described in clause (b); (d) commercial paper issued by Bank of the West, any Lender or rated A-1 (or better) by S&P or P-1 (or better) by Moody's, and maturing within nine months of the date of acquisition; and (e) shares of any money market fund that has substantially all of its assets invested continuously in the types of investments referred to above., has net assets of at least $500,000,000 and has the highest rating obtainable from either Moody's or S&P.

Cash Collateralize. the delivery of cash to Agent, as security for the payment of Obligations, in an amount equal to (a) with respect to LC Obligations, 103% of the aggregate LC Obligations, and (b) with respect to any inchoate, contingent or other Obligations (including Secured Bank Product Obligations), Agent’s good faith estimate of the amount due or to become due, including fees, expenses and indemnification hereunder. “Cash Collateralization” has a correlative meaning. Cash Dominion Trigger Period: the period (a) commencing on any date in which a Specified Default or an Event of Default occurs or Specified Availability for three (3) consecutive Business Days is less than the greater of (i) $17,500,000 12,500,000 and (ii) 10% of the Commitments at such time and (b) continuing until the first date thereafter on which no Specified Default or Event of Default has existed for 45 30 consecutive days and Specified Availability has been at least the greater of (i) $17,500,000 12,500,000 and (ii) 10% of the Commitments at all times for 45 30 consecutive days. Cash Equivalents: (a) direct obligations of, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America (or by any agency thereof to the extent such obligations are backed by the full faith and credit of the United States of America), in each case maturing within one year from the date of issuance thereof; (b) investments in commercial paper maturing within 270 days from the date of issuance thereof and having, at such date of acquisition, the highest credit rating obtainable from Moody’s ▇▇▇▇▇’▇ or from S&P; (c) investments in certificates of deposit, banker’s acceptances and time deposits maturing within one year from the date of acquisition thereof issued or guaranteed by or placed with, and money market deposit accounts issued or offered by, the Administrative Agent or any domestic office of any commercial bank organized under the laws of the United States of America or any State thereof that has a combined capital and surplus and undivided profits at the date of acquisition thereof of not less than $500,000,000 and that issues (or the parent of which issues) commercial paper rated at least “Prime 1” (or the then equivalent grade) by Moody’s ▇▇▇▇▇’▇ or “A-1” (or the then equivalent grade) by S&P; (d) fully collateralized repurchase agreements with a term of not more than 30 days for securities described in clause (a) above and entered into with a financial institution satisfying the criteria of clause (c) above; and (e) investments in “money market funds” within the meaning of Rule 2a-7 of the Investment Company Act of 1940, as amended, substantially all of whose assets are invested in investments of the type described in clauses (a) through (d) above.

Cash Collateralize. the delivery of cash to Agent, as security for the payment of Obligations, in an amount equal to (a) with respect to LC Obligations, 103% of the aggregate LC Obligations, and (b) with respect to any inchoate, contingent or other Obligations (including Secured Obligations arising under Bank Product ObligationsProducts), Agent’s good faith estimate of the amount due or to become due, including fees, expenses all fees and indemnification hereunderother amounts relating to such Obligations. “Cash Collateralization” has a correlative meaning. Cash Dominion Trigger Period: the period (a) the period commencing on any date in which a Specified Default or an Event of Default occurs or the day that Excess Availability is less than the greater of (i) $17,500,000 15,000,000 and (ii) 1015% of the Commitments at such time lesser of (A) the Borrowing Base and (B) the aggregate amount of Commitments; and (b) continuing until the first date thereafter on which no Specified Default or Event of Default has existed for 45 consecutive days and when Excess Availability has been at least equal to or greater than the greater of (i) $17,500,000 15,000,000 and (ii) 1015% of the lesser of (A) the Borrowing Base and (B) the aggregate amount of Commitments at all times for 45 consecutive daysdays and (b) any period during which an Event of Default shall have occurred and be continuing. Cash Equivalents: (a) direct marketable obligations of, issued or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America (or by any agency thereof to the extent such obligations are and backed by the full faith and credit of, the United States government, maturing within 12 months of the date of acquisition; (b) marketable direct obligations issued by any state of the United States or any political subdivision of America)any such state or any public instrumentality thereof, in each case maturing within one year from 12 months of the date of issuance thereofacquisition and having a rating of at least A- from S&P or the equivalent thereof from ▇▇▇▇▇’▇; (bc) investments in commercial paper certificates of deposit, time deposits and bankers’ acceptances maturing within 270 days from 12 months of the date of issuance thereof and having, at such date of acquisition, the highest credit rating obtainable from Moody’s or from S&P; (c) investments and overnight bank deposits, in certificates of deposit, banker’s acceptances and time deposits maturing within one year from the date of acquisition thereof each case which are issued or guaranteed by or placed with, and money market deposit accounts issued or offered by, the Administrative Agent or any domestic office of any a commercial bank organized under the laws of the United States of America or any State state or district thereof that has a combined capital and surplus and undivided profits or any OECD country, rated A-1 (or better) by S&P or P-1 (or better) by ▇▇▇▇▇’▇ at the date time of acquisition thereof of acquisition, and (unless issued by a Lender) not less than $500,000,000 and that issues (or the parent of which issues) commercial paper rated at least “Prime 1” (or the then equivalent grade) by Moody’s or “A-1” (or the then equivalent grade) by S&Psubject to offset rights; (d) fully collateralized repurchase agreements obligations with a term of not more than 30 days for securities described in clause (a) above and entered into with a financial institution satisfying the criteria of clause (c) above; and (e) investments in “money market funds” within the meaning of Rule 2a-7 of the Investment Company Act of 1940, as amended, substantially all of whose assets are invested in underlying investments of the type types described in clauses (a), (b) through and (dc) entered into with any bank meeting the qualifications specified in clause (c); (e) Dollar denominated floating rate notes and foreign currency denominated floating rate notes, in each case maturing within 12 months of the date of acquisition and having a rating of at least A- from S&P or the equivalent thereof from ▇▇▇▇▇’▇; (f) commercial paper rated A-1 (or better) by S&P or P-1 (or better) by ▇▇▇▇▇’▇, and maturing within nine months of the date of acquisition; and (g) shares of any money market fund that has substantially all of its assets invested continuously in the types of investments referred to above, has net assets of at least $1,000,000,000 and has a rating of at least A- from S&P or the equivalent thereof from ▇▇▇▇▇’▇.

Cash Collateralize. the delivery of cash to Agent, as security for the payment of Obligations, in an amount equal to (a) with respect to LC Obligations, 103105% of the aggregate LC Obligations, and (b) with respect to any inchoate, contingent or other Obligations (including Secured Bank Product Obligations, but excluding indemnification obligations which are either contingent or inchoate to the extent no claims giving rise thereto have been asserted), Agent’s good faith faith, reasonable estimate of the amount that is due or to could become due, including fees, expenses all fees and indemnification hereunderother amounts relating to such Obligations. “Cash Collateralization” has a correlative meaning. Cash Dominion Trigger Period: the period (a) commencing on any date in which a Specified Default or an Event of Default occurs or Availability is less than the greater of (i) $17,500,000 and (ii) 10% of the Commitments at such time and (b) continuing until the first date thereafter on which no Specified Default or Event of Default has existed for 45 consecutive days and Availability has been at least the greater of (i) $17,500,000 and (ii) 10% of the Commitments at all times for 45 consecutive days. Cash Equivalents: (a) direct marketable obligations ofissued by, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States of America (government or by any agency or instrumentality thereof to the extent such obligations are and backed by the full faith and credit of the United States of America)government, in each case maturing within one year from 12 months of the date of issuance thereofacquisition; (b) investments in commercial paper certificates of deposit, time deposits and bankers’ acceptances maturing within 270 days from 12 months of the date of issuance thereof and having, at such date of acquisition, and overnight bank deposits, in each case which are issued by Bank of the highest credit rating obtainable from Moody’s West, any Lender or from S&P; (c) investments in certificates of deposit, banker’s acceptances and time deposits maturing within one year from the date of acquisition thereof issued or guaranteed by or placed with, and money market deposit accounts issued or offered by, the Administrative Agent or any domestic office of any a commercial bank organized under the laws of the United States of America or any State thereof that has a combined capital and surplus and undivided profits state or district thereof, rated A-1 (or better) by S&P or P-1 (or better) by ▇▇▇▇▇’▇ at the date time of acquisition thereof of acquisition, and (unless issued by a Lender) not less than $500,000,000 and that issues (or the parent of which issues) commercial paper rated at least “Prime 1” (or the then equivalent grade) by Moody’s or “A-1” (or the then equivalent grade) by S&Psubject to offset rights; (dc) fully collateralized repurchase agreements obligations with a term of not more than 30 days for securities described in clause (a) above and entered into with a financial institution satisfying the criteria of clause (c) above; and (e) investments in “money market funds” within the meaning of Rule 2a-7 of the Investment Company Act of 1940, as amended, substantially all of whose assets are invested in underlying investments of the type types described in clauses (a) through and (b) entered into with any bank described in clause (b); (d) commercial paper issued by Bank of the West, any Lender or rated A-1 (or better) by S&P or P-1 (or better) by ▇▇▇▇▇’▇, and maturing within nine months of the date of acquisition; and (e) shares of any money market fund that has substantially all of its assets invested continuously in the types of investments referred to above., has net assets of at least $500,000,000 and has the highest rating obtainable from either ▇▇▇▇▇’▇ or S&P.