Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (ii) the determination by Administrative Agent and the Issuing Banks that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 24 contracts
Sources: Senior Secured Revolving Credit Agreement and Guarantee and Security Agreement (Sixth Street Lending Partners), Senior Secured Revolving Credit Agreement (Sixth Street Specialty Lending, Inc.), Senior Secured Revolving Credit Agreement (Sixth Street Specialty Lending, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankany L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 9.4(c) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and the Issuing Banks L/C Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 1.14 the Person providing Cash Collateral and each Issuing Bank the L/C Issuer may agree (but shall not be obligated to) that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 15 contracts
Sources: Credit Agreement (Necessity Retail REIT, Inc.), Credit Agreement (American Finance Trust, Inc), Credit Agreement (American Finance Trust, Inc)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankany L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.14(c) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and the Issuing Banks each L/C Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.14, the Person providing Cash Collateral and each Issuing Bank L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, further, and provided further that to the extent that such Cash Collateral was provided by Borrowerthe Borrower or any other Loan Party, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 14 contracts
Sources: Credit Agreement (Willdan Group, Inc.), Credit Agreement (Sonida Senior Living, Inc.), Credit Agreement (Willdan Group, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable LenderLender or giving effect to Section 2.19(a)(iii)) or (ii) the determination by the Administrative Agent and the Issuing Banks that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 12 contracts
Sources: Senior Secured Revolving Credit Agreement (Fortress Private Lending Fund), Senior Secured Credit Agreement (AGL Private Credit Income Fund), Senior Secured Revolving Credit Agreement (Bain Capital Private Credit)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (ii) the determination by Administrative Agent and the Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 11 contracts
Sources: Senior Secured Revolving Credit Agreement (Stellus Capital Investment Corp), Senior Secured Revolving Credit Agreement (Stellus Capital Investment Corp), Senior Secured Revolving Credit Agreement (Stellus Capital Investment Corp)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (i) the elimination or reduction of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable LenderLender or giving effect to Section 2.19(a)(iii)) or (ii) the determination by Administrative Agent and the Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 11 contracts
Sources: Senior Secured Revolving Credit Agreement (Goldman Sachs BDC, Inc.), Senior Secured Revolving Credit Agreement (Goldman Sachs BDC, Inc.), Senior Secured Revolving Credit Agreement (Goldman Sachs BDC, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.08(j) following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (ii) the determination by the Administrative Agent and the each Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 4.05 the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 10 contracts
Sources: Credit Agreement (Pedevco Corp), Credit Agreement (Us Energy Corp), Credit Agreement (Sundance Energy Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankany LC Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.16 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks each LC Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.15, the Person providing Cash Collateral and each Issuing Bank LC Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; Exposure or other obligations and provided, further, further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 9 contracts
Sources: Credit Agreement (Eastern Co), Credit Agreement (Purple Innovation, Inc.), Credit Agreement (Purple Innovation, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.15 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks Lender that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 2.16 the Person providing Cash Collateral and each the Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Credit Documents.
Appears in 9 contracts
Sources: Credit Agreement (Berry Petroleum Corp), Credit Agreement (Berry Petroleum Corp), Credit Agreement (Jagged Peak Energy Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (i) the elimination or reduction of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable LenderLender or giving effect to Section 2.19(a)(iii)) or (ii) the determination by Administrative Agent and the Issuing Banks that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 8 contracts
Sources: Senior Secured Revolving Credit Agreement (Morgan Stanley Direct Lending Fund), Senior Secured Revolving Credit Agreement (North Haven Private Income Fund LLC), Senior Secured Revolving Credit Agreement (North Haven Private Income Fund a LLC)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s the Fronting Exposure of the Issuing Bank shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.09 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.10, the Person providing Cash Collateral and each the Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, further, and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 8 contracts
Sources: Senior Secured Revolving Credit Agreement (Viper Energy Partners LP), Credit Agreement (Diamondback Energy, Inc.), Senior Secured Revolving Credit Agreement (Viper Energy Partners LP)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.20 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the each Issuing Banks Lender that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.21, the Person providing Cash Collateral and each Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Credit Documents.
Appears in 8 contracts
Sources: Credit Agreement (Ani Pharmaceuticals Inc), Credit Agreement (Fluent, Inc.), Credit Agreement (Fluent, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankthe L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 9.4(c) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and the Issuing Banks L/C Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 1.14 the Person providing Cash Collateral and each Issuing Bank the L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 7 contracts
Sources: Credit Agreement (Whitestone REIT), Credit Agreement (Whitestone REIT), Credit Agreement (Whitestone REIT)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing BankL/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.18 following (ix) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (iiy) the determination by the Administrative Agent and the Issuing Banks L/C Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.18, the Person providing Cash Collateral and each Issuing Bank L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, further, that to the extent that such Cash Collateral was provided by Borrowerthe Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 7 contracts
Sources: Credit Agreement (MGM Resorts International), Credit Agreement (MGM Resorts International), Credit Agreement (MGM Resorts International)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankany Letter of Credit Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.16 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks each Letter of Credit Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 2.15 the Person providing Cash Collateral and each Issuing Bank Letter of Credit Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations and; provided, further, that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Credit Documents.
Appears in 7 contracts
Sources: Credit Agreement (WideOpenWest, Inc.), Credit Agreement (WideOpenWest Finance, LLC), Credit Agreement (WideOpenWest Finance, LLC)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankany L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 9.4(c) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and the Issuing Banks L/C Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 1.14 the Person providing Cash Collateral and each Issuing Bank the L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 6 contracts
Sources: Credit Agreement (Umh Properties, Inc.), Credit Agreement (Umh Properties, Inc.), Credit Agreement (Umh Properties, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce each Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.16 following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (iiB) the determination by Administrative the Agent and the each Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.16, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, further, that to the extent that such Cash Collateral was provided by Borrowerthe Company, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 6 contracts
Sources: Credit Agreement (CNO Financial Group, Inc.), Credit Agreement (CNO Financial Group, Inc.), Sixth Amendment and Restatement Agreement (CNO Financial Group, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankany L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 9.4(c) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and the Issuing Banks L/C Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 1.14 hereof the Person providing Cash Collateral and each Issuing Bank the L/C Issuer may agree (but shall not be obligated to) that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 6 contracts
Sources: Second Amendment to Third Amended and Restated Credit Agreement (Centerspace), Credit Agreement (Centerspace), Credit Agreement (Centerspace)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.26 and shall promptly be returned to the Person providing such Cash Collateral following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the each Issuing Banks Lender that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.27, the Person providing Cash Collateral and each Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; and provided, further, further that to the extent that such Cash Collateral was provided by Borrowerthe Company, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 6 contracts
Sources: Credit Agreement (Harsco Corp), Credit Agreement (Harsco Corp), Credit Agreement (Harsco Corp)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by Administrative Agent and the each Issuing Banks Lender that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 2.6 the Person providing Cash Collateral and each Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, further, provided further that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 6 contracts
Sources: Incremental Facility Agreement, Waiver and Eleventh Amendment to Credit Agreement (A-Mark Precious Metals, Inc.), Credit Agreement (A-Mark Precious Metals, Inc.), Credit Agreement (A-Mark Precious Metals, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.3(i) following (ia) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iib) the determination by the Administrative Agent and the Issuing Banks Lender that there exists excess Cash Collateral; provided that, (1) subject to the other provisions of this Section 2.192.17, the Person providing Cash Collateral and each the Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; providedExposure or other obligations, further, that and (2) to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Credit Documents.
Appears in 6 contracts
Sources: Credit Agreement (Nine Energy Service, Inc.), Credit Agreement (Nine Energy Service, Inc.), Credit Agreement (Nine Energy Service, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (iiB) the determination by the Administrative Agent and or the applicable Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, the Person providing Cash Collateral and each the applicable Issuing Bank may agree that the Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, further, provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 6 contracts
Sources: Credit Agreement (Allegro Microsystems, Inc.), Credit Agreement (Ironwood Pharmaceuticals Inc), Credit Agreement (Allegro Microsystems, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankthe L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.14 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by Administrative Agent and the Issuing Banks L/C Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.15, the Person providing Cash Collateral and each Issuing Bank the L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; Exposure or other obligations and provided, further, that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 6 contracts
Sources: Senior Secured Super Priority Debtor in Possession Credit Agreement (Gulfport Energy Corp), Restructuring Support Agreement (Gulfport Energy Corp), Credit Agreement (Gulfport Energy Corp)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s the LC Issuers’ Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.22(d) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and the Issuing Banks that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 2.22 the Person providing Cash Collateral and each Issuing Bank the Administrative Agent may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 6 contracts
Sources: Credit Agreement (Extra Space Storage Inc.), Credit Agreement (Extra Space Storage Inc.), Credit Agreement (Extra Space Storage Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankthe L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 9.3(b) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and the Issuing Banks L/C Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 2.15 the Person providing Cash Collateral and each Issuing Bank the L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 5 contracts
Sources: Credit Agreement (LTC Properties Inc), Credit Agreement (LTC Properties Inc), Credit Agreement (LTC Properties Inc)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the each Issuing Banks Lender that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 2.24(c) the Person providing Cash Collateral and each Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 5 contracts
Sources: Credit Agreement, Credit Agreement (National CineMedia, Inc.), Credit Agreement (National CineMedia, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.24 and shall promptly be returned to the Person providing such Cash Collateral following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the each Issuing Banks Lender that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.25, the Person providing Cash Collateral and each Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; and provided, further, further that to the extent that such Cash Collateral was provided by Borrowerthe Company, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 5 contracts
Sources: Credit Agreement (Verint Systems Inc), Credit Agreement (Verint Systems Inc), Refinancing Amendment and Joinder Agreement (Verint Systems Inc)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.24 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (ii) the determination by the Administrative Agent and the Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 2.25 the Person providing Cash Collateral and each the Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 5 contracts
Sources: Amendment and Restatement Agreement (Advanced Disposal Services, Inc.), Credit Agreement (Advanced Disposal Services, Inc.), Credit Agreement (ADS Waste Holdings, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure or other obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by Administrative the Agent and the Issuing Banks Lender that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.11, the Person providing Cash Collateral and each the Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 5 contracts
Sources: Credit Agreement (Viasat Inc), Credit Agreement (Viasat Inc), Credit Agreement (Viasat Inc)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s the Fronting Exposure of the Letter of Credit Issuer shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 4.9 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks Letter of Credit Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.1912.12, the Person providing Cash Collateral and each Issuing Bank the Letter of Credit Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, further, provided further that to the extent that such Cash Collateral was provided by Borrowerthe Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 5 contracts
Sources: Revolving Credit Agreement (Fortress Private Lending Fund), Revolving Credit Agreement (Fortress Private Lending Fund), Revolving Credit Agreement (Owl Rock Capital Corp III)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s the LC Issuers’ Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.22(d) following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks LC Issuers that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 2.22 the Person providing Cash Collateral and each Issuing Bank the LC Issuers may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by a Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 5 contracts
Sources: Credit Agreement (Arcbest Corp /De/), Credit Agreement (Arcbest Corp /De/), Credit Agreement (Arcbest Corp /De/)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.07(i) following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks Lender that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.16, the Person providing Cash Collateral and each the Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, further, and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 5 contracts
Sources: Credit Agreement (Penn Virginia Corp), Master Assignment, Borrowing Base Increase Agreement, and Amendment No. 6 to Credit Agreement (Penn Virginia Corp), Credit Agreement (Gastar Exploration Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankthe LC Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.22(d) following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks LC Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 2.22 the Person providing Cash Collateral and each Issuing Bank the LC Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 5 contracts
Sources: Credit Agreement (Universal Electronics Inc), Credit Agreement (Universal Electronics Inc), Credit Agreement (Orchids Paper Products CO /DE)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable LenderLender or giving effect to Section 2.19(a)(iii)) or (ii) the determination by Administrative Agent and the Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 4 contracts
Sources: Senior Secured Revolving Credit Agreement (Pennantpark Investment Corp), Senior Secured Revolving Credit Agreement (Pennantpark Investment Corp), Senior Secured Revolving Credit Agreement (Pennantpark Investment Corp)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the applicable Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 5.12 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the applicable Issuing Banks Lender that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 5.15 the Person providing Cash Collateral and each the applicable Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; and provided, further, that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan DocumentsSection 5.12(a) above.
Appears in 4 contracts
Sources: Credit Agreement (Cadre Holdings, Inc.), Incremental Facility Amendment to Credit Agreement (Cadre Holdings, Inc.), Credit Agreement (Cadre Holdings, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 5.12 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks Lender that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 2.9 the Person providing Cash Collateral and each the Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan DocumentsSection 5.12(a) above.
Appears in 4 contracts
Sources: Credit Agreement (TWFG, Inc.), Credit Agreement (TWFG, Inc.), Credit Agreement (TWFG, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.14 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks Lender that there exists excess Cash Collateral; provided that, that (A) subject to the other provisions of this Section 2.1911.10 hereof, the Person providing Cash Collateral and each the Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; providedExposure or other obligations, further, that to and (B) the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the any security interest granted pursuant to the Loan Documents.
Appears in 4 contracts
Sources: Credit and Security Agreement (Bel Fuse Inc /Nj), Credit and Security Agreement (Bel Fuse Inc /Nj), Credit Agreement (Bel Fuse Inc /Nj)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.4(i) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and the Issuing Banks Bank that there exists excess Cash Collateral; provided thatprovided, subject to the other provisions of this Section 2.192.22(a)(v), the Person providing Cash Collateral and each the Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, provided further, that to the extent that such Cash Collateral was provided by Borrowerthe Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Credit Documents.
Appears in 4 contracts
Sources: First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.), First Lien Credit and Guaranty Agreement (Corsair Gaming, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the TALC Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 3.28 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by Administrative Agent and the TALC Issuing Banks Bank that there exists excess Cash Collateral; provided provided, that, subject to the other provisions of this Section 2.193.27, the Person providing Cash Collateral and each the TALC Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; and, provided, further, that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Collateral Documents.
Appears in 4 contracts
Sources: Credit Agreement, Credit Agreement (NRG Yield, Inc.), Credit Agreement (NRG Yield, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s the Fronting Exposure of the Swing Line Lender shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.25 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the good faith determination by the Administrative Agent and Agent, the Issuing Banks Swing Line Lender that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.21, the Person providing Cash Collateral and each Issuing Bank the Swing Line Lender may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, further, and provided further that to the extent that such Cash Collateral was provided by Borrowerthe Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 4 contracts
Sources: Credit Agreement (Fortegra Group, Inc), Credit Agreement (Tiptree Inc.), Credit Agreement (Tiptree Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankany L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 1.13(c) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and the Issuing Banks each L/C Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.191.13, the Person providing Cash Collateral and each Issuing Bank L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, further, and provided further that to the extent that such Cash Collateral was provided by Borrowerthe Borrower or any other Loan Party, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 4 contracts
Sources: Credit Agreement (StoneX Group Inc.), Credit Agreement (StoneX Group Inc.), Credit Agreement (Intl Fcstone Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 4.13 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the each Issuing Banks Lender that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.194.12, the Person providing Cash Collateral and each Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 4 contracts
Sources: Amendment Agreement (CatchMark Timber Trust, Inc.), Credit Agreement (CatchMark Timber Trust, Inc.), Joinder and Amendment Agreement (CatchMark Timber Trust, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s the Fronting Exposure of the Letter of Credit Issuer shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 4.9 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks Letter of Credit Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.1912.12, the Person providing Cash Collateral and each Issuing Bank the Letter of Credit Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; providedprovided further that, further, that to the extent that such Cash Collateral was provided by Borrowerthe Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 4 contracts
Sources: Revolving Credit Agreement (Lord Abbett Private Credit Fund S), Revolving Credit Agreement (Lord Abbett Private Credit Fund), Revolving Credit Agreement (MSD Investment Corp.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s the Fronting Exposure of the Letter of Credit Issuer shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 4.08 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks Letter of Credit Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.15, the Person providing Cash Collateral and each Issuing Bank the Letter of Credit Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; and provided, further, that to the extent that such Cash Collateral was provided by Borrowerthe Borrower Parties, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 4 contracts
Sources: Revolving Credit Agreement (AGTB Private BDC), Revolving Credit Agreement (Carlyle Secured Lending III), Revolving Credit Agreement (Franklin BSP Capital Corp)
Termination of Requirement. Cash Collateral collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral cash collateral pursuant to this Section 2.19 2.18 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks Bank that there exists excess Cash Collateralcash collateral; provided that, subject to the other provisions of this Section 2.19, 2.17 the Person providing Cash Collateral cash collateral and each the Issuing Bank may agree that Cash Collateral cash collateral shall be held to support future anticipated Fronting Exposure; Exposure or other obligations, and provided, further, that to the extent that such Cash Collateral cash collateral was provided by the Borrower, such Cash Collateral cash collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 4 contracts
Sources: Credit Agreement (Quintana Energy Services Inc.), Credit Agreement (Quintana Energy Services Inc.), Credit Agreement (Quintana Energy Services Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (ii) the determination by the Administrative Agent and the Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, the Person providing Cash Collateral and each the Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 4 contracts
Sources: Senior Secured Revolving Credit Agreement, Credit Agreement (TCG Bdc, Inc.), Senior Secured Revolving Credit Agreement (NF Investment Corp.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.21 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), and upon the occurrence of such event, the Cash Collateral provided by the Borrower shall be promptly returned to the Borrower, or (ii) the determination by the Administrative Agent and the each Issuing Banks Bank that there exists excess Cash Collateral, and upon the occurrence of such event, such excess Cash Collateral shall be promptly returned to the Borrower, to the extent such excess amount was provided by the Borrower; provided that, subject to the other provisions of this Section 2.192.22, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan DocumentsExposure or other obligations.
Appears in 4 contracts
Sources: Credit Agreement (Service Corp International), Credit Agreement (Service Corp International), Credit Agreement (Service Corp International)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankany L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 9.4(c) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and the Issuing Banks L/C Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 1.12 the Person providing Cash Collateral and each Issuing Bank the L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 4 contracts
Sources: Credit Agreement (StoneX Group Inc.), Credit Agreement (StoneX Group Inc.), Credit Agreement (Intl Fcstone Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral and shall be returned to the Person that provided such Cash Collateral pursuant to this Section 2.19 2.11 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the each Issuing Banks Lender that there exists excess Cash CollateralCollateral (in which case any Cash Collateral provided by any Borrower shall be returned prior to the return of any Cash Collateral to any Defaulting Lender); provided that, subject to the other provisions of this Section 2.19, 2.12 the Person providing Cash Collateral and each Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan DocumentsExposure or other obligations.
Appears in 4 contracts
Sources: Long Term Credit Agreement (Whirlpool Corp /De/), Long Term Credit Agreement (Whirlpool Corp /De/), Long Term Credit Agreement (Whirlpool Corp /De/)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 5.12 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks Lender that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 2.9 the Person providing Cash Collateral and each the Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by Borrowerthe Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan DocumentsSection 5.12(a) above.
Appears in 4 contracts
Sources: Fifth Amendment to Third Amended and Restated Credit Agreement (Construction Partners, Inc.), Credit Agreement (Construction Partners, Inc.), Credit Agreement (Construction Partners, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankany Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.13(c) following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by Administrative the Agent and the Issuing Banks each Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.13, the Person providing Cash Collateral and each Issuing Bank Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, further, and provided further that to the extent that such Cash Collateral was provided by Borrowerany Borrower or Guarantor, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 4 contracts
Sources: Credit Agreement (EMCOR Group, Inc.), Credit Agreement (EMCOR Group, Inc.), Credit Agreement (Emcor Group Inc)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankany LC Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.16 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks each LC Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.15, the Person providing Cash Collateral and each Issuing Bank LC Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; Exposure or other obligations and provided, further, further that to the extent that such Cash Collateral was provided by the U.S. Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 4 contracts
Sources: Credit Agreement (GTT Communications, Inc.), Credit Agreement (GTT Communications, Inc.), Credit Agreement (GTT Communications, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankthe applicable LC Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.17.11 following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and the Issuing Banks applicable LC Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.20, the Person providing Cash Collateral and each Issuing Bank the applicable LC Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 3 contracts
Sources: Credit Agreement (Hawkins Inc), Credit Agreement (Hawkins Inc), Credit Agreement (Hawkins Inc)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce each Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.25(d) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and the each Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.25, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Financing Documents.
Appears in 3 contracts
Sources: Credit Agreement (Bloom Energy Corp), Credit Agreement (Bloom Energy Corp), Credit Agreement (Bloom Energy Corp)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.21 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (ii) the determination by Administrative Agent and the Issuing Banks Bank that there exists excess Cash Collateral; provided that, (x) subject to the other provisions of this Section 2.192.21, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations, and (y) Cash Collateral shall not be released during the continuance of a Default or Event of Default; provided, further, provided further that to the extent that such Cash Collateral was provided by BorrowerCompany, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Credit Documents.
Appears in 3 contracts
Sources: Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.), Credit and Guaranty Agreement (ONE Group Hospitality, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.20 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the each Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.21, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; providedprovided further that, further, that to the extent that such Cash Collateral was provided by the Borrower, any such Cash Collateral so held shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 3 contracts
Sources: Credit Agreement (Arlo Technologies, Inc.), Credit Agreement (Globant S.A.), Credit Agreement (Globant S.A.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.20 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the each Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 2.19 the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 3 contracts
Sources: First Amendment (Kinder Morgan, Inc.), Revolving Credit Agreement (Kinder Morgan, Inc.), Revolving Credit Agreement (Kinder Morgan, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided under (i) Section 2.23(a)(i) or Section 2.24 to reduce the Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.23 following (ix) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (iiy) the determination by the Administrative Agent and the each Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.24, the Person providing Cash Collateral and each the Issuing Bank may agree that such Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, further, that and (ii) Section 2.23(b) shall be returned to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan DocumentsBorrower within three Business Days after all Events of Default have been cured or waived.
Appears in 3 contracts
Sources: Credit Agreement (Cactus, Inc.), Credit Agreement (Cactus, Inc.), Credit Agreement (Cactus, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankany L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.14 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks each L/C Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.14, the Person providing Cash Collateral and each Issuing Bank L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, further, and provided further that to the extent that such Cash Collateral was provided by Borrowerthe Borrower or any other Loan Party, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 3 contracts
Sources: Credit Agreement (Postal Realty Trust, Inc.), Credit Agreement (Postal Realty Trust, Inc.), Credit Agreement (Postal Realty Trust, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the each Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 2.20 the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 3 contracts
Sources: Credit Agreement (Atlas Corp.), Credit Agreement (Atlas Corp.), Credit Agreement (Seaspan CORP)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.21 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (ii) the determination by the Administrative Agent and the each Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.22, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; providedand provided further that, further, that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 3 contracts
Sources: Credit Agreement (Comstock Resources Inc), Credit Agreement (Comstock Oil & Gas Investments, LLC), Credit Agreement (AMERICAN EAGLE ENERGY Corp)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.22 following (ix) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (iiy) the determination by Administrative Agent and the such Issuing Banks Bank that there exists excess Cash Collateral; provided that, that subject to the other provisions of this Section 2.192.22, the Person providing Cash Collateral and each such Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, further, that to the extent that such Cash Collateral was provided by BorrowerCompany, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Credit Documents.
Appears in 3 contracts
Sources: Credit Agreement (Covanta Holding Corp), Credit and Guaranty Agreement (Covanta Holding Corp), Credit and Guaranty Agreement (Covanta Holding Corp)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce an Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.16 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the an Issuing Banks Lender that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.15, the Person providing Cash Collateral and each such Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by Borrowerthe Borrower or any other Loan Party, such Cash Collateral shall remain subject to the security interest Prior Security Interest granted pursuant to the Loan Documents.
Appears in 3 contracts
Sources: Credit Agreement (Hawaiian Telcom Holdco, Inc.), Credit Agreement (Shenandoah Telecommunications Co/Va/), Credit Agreement (Shenandoah Telecommunications Co/Va/)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankan L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by Administrative Agent and the Issuing Banks each L/C Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 2.16 the Person providing Cash Collateral and each Issuing Bank the applicable L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 3 contracts
Sources: Credit Agreement (AlTi Global, Inc.), Credit Agreement (AlTi Global, Inc.), Senior Secured Credit Facility (Alvarium Tiedemann Holdings, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankany L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.20(c) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by Administrative Agent and the Issuing Banks each L/C Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.20, the Person providing Cash Collateral and each Issuing Bank L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, further, and provided further that to the extent that such Cash Collateral was provided by BorrowerBorrower or any other Loan Party, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 3 contracts
Sources: Multicurrency Credit Agreement (Fenix Parts, Inc.), Multicurrency Credit Agreement (Fenix Parts, Inc.), Multicurrency Credit Agreement (Fenix Parts, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankany L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.15(c) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiB) the determination by the Administrative Agent and the Issuing Banks each L/C Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.15, the Person providing Cash Collateral and each Issuing Bank L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, further, and provided further that to the extent that such Cash Collateral was provided by Borrowerthe Borrower or any other Loan Party, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 3 contracts
Sources: Credit Agreement (Dynatrace, Inc.), Credit Agreement (Dynatrace, Inc.), Credit Agreement (Dynatrace, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 5.12 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks Lender that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 2.9 [Default Lenders] the Person providing Cash Collateral and each the Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan DocumentsSection 5.12(a) above.
Appears in 3 contracts
Sources: Credit Agreement (EPAM Systems, Inc.), Credit Agreement (Factset Research Systems Inc), Revolving Credit Facility (Factset Research Systems Inc)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankany LC Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.15 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks each LC Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.14, the Person providing Cash Collateral and each Issuing Bank LC Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; Exposure or other obligations and provided, further, further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 3 contracts
Sources: Credit Agreement (Kona Grill Inc), Credit Agreement (Kona Grill Inc), Credit Agreement (Mercury Computer Systems Inc)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s the Fronting Exposure of the Letter of Credit Issuer shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 4.10 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks Letter of Credit Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.1912.12, the Person providing Cash Collateral and each Issuing Bank the Letter of Credit Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, further, provided further that to the extent that such Cash Collateral was provided by Borrowerthe Borrower Parties, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 3 contracts
Sources: Revolving Credit Agreement (Oaktree Gardens OLP, LLC), Revolving Credit Agreement (Oaktree Gardens OLP, LLC), Revolving Credit Agreement (Oaktree Gardens OLP, LLC)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 5.12 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks Lender that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 2.9 [Defaulting Lenders] the Person providing Cash Collateral and each the Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan DocumentsSection 5.12(a) above.
Appears in 3 contracts
Sources: Credit Agreement (Stewart Information Services Corp), Revolving Credit Facility (Erie Indemnity Co), Credit Agreement (Stewart Information Services Corp)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.08(k) following (iA) the elimination of the applicable Fronting Exposure (including including, without limitation, by the termination of Defaulting Lender status of the applicable Lender) Lender or reduction of the Fronting Exposure), or (iiB) the determination by the Administrative Agent and the Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.10, the Person providing Cash Collateral and each the Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral cash collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 3 contracts
Sources: Credit Agreement (Lonestar Resources US Inc.), Credit Agreement (Lonestar Resources US Inc.), Credit Agreement (Lonestar Resources US Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.18 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable LenderLender or giving effect to Section 2.18(a)(iii)) or (ii) the determination by the Administrative Agent and the Issuing Banks that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.18, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 3 contracts
Sources: Revolving Credit Agreement (Hercules Capital, Inc.), Revolving Credit Agreement (Hercules Capital, Inc.), Revolving Credit Agreement (Hercules Capital, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s the Fronting Exposure of any Issuing Lender shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 5.14 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks Lenders that there exists Cash Collateral in excess of the Minimum Collateral Amount in which case such excess amount will be promptly returned to the Borrower, to the extent such Cash CollateralCollateral was provided by the Borrower; provided that, subject to the other provisions of this Section 2.195.15, the Person providing Cash Collateral and each the Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan DocumentsExposure or other obligations.
Appears in 3 contracts
Sources: Credit Agreement (Cirrus Logic, Inc.), Credit Agreement (Cirrus Logic Inc), Credit Agreement (Cirrus Logic Inc)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.16 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (ii) the determination by Administrative Agent and the Issuing Banks Bank that there exists excess Cash Collateral; provided that, (x) subject to the other provisions of this Section 2.192.16, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations, and (y) Cash Collateral shall not be released during the continuance of a Default or Event of Default; provided, further, provided further that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 3 contracts
Sources: Abl Credit Agreement (United States Steel Corp), Abl Credit Agreement (United States Steel Corp), Abl Credit Agreement (United States Steel Corp)
Termination of Requirement. Cash Collateral collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral cash collateral pursuant to this Section 2.19 2.21.4 following (ix) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (iiy) the determination by the Administrative Agent and the Issuing Banks Bank that there exists excess Cash Collateralcash collateral; provided that, subject to the other provisions of this Section 2.19, 2.21.4 the Person providing Cash Collateral cash collateral and each the Issuing Bank may agree that Cash Collateral cash collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral cash collateral was provided by the Borrower, such Cash Collateral cash collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 3 contracts
Sources: Credit Agreement (Sei Investments Co), Credit Agreement (Sei Investments Co), Credit Agreement (Sei Investments Co)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Lender’ Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.16 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the US Administrative Agent and the Issuing Banks Lender that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.15, the Person providing Cash Collateral and each the Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by Borrowerany Credit Party, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan DocumentsSecurity Agreement.
Appears in 2 contracts
Sources: Credit Agreement (NCS Multistage Holdings, Inc.), Credit Agreement (NCS Multistage Holdings, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankany L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 8.8 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by Administrative the Agent and the Issuing Banks each L/C Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.198.7, the Person providing Cash Collateral and each Issuing Bank L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by Borrowerthe Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Addus HomeCare Corp), Credit and Guaranty Agreement (Addus HomeCare Corp)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankany L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ); or (ii) the determination by the Administrative Agent and the Issuing Banks each L/C Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.194.15, the Person providing Cash Collateral and each Issuing Bank L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; Exposure or other obligations and, provided, further, that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 2 contracts
Sources: Credit Agreement (GrubHub Inc.), Credit Agreement (GrubHub Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 Subsection 1.14 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by Administrative Agent and the each Issuing Banks Lender that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, Subsection 1.17 the Person providing Cash Collateral and each Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; providedExposure or other obligations and provided further that, further, that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 2 contracts
Sources: Third Amendment and Confirmation Agreement (ATN International, Inc.), Credit Agreement (Atlantic Tele Network Inc /De)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.13 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks Lender that there exists excess Cash Collateral; provided that, that (A) subject to the other provisions of this Section 2.1912.10 hereof, the Person providing Cash Collateral and each the Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; providedExposure or other obligations, further, that to and (B) the extent that such Cash Collateral was provided by Borrowerthe Borrowers, such Cash Collateral shall remain subject to the any security interest granted pursuant to the Loan Documents.
Appears in 2 contracts
Sources: Credit and Security Agreement (AvidXchange Holdings, Inc.), Credit and Security Agreement (AvidXchange Holdings, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 5.14 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks Lender that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 2.10 [Defaulting Lenders] the Person providing Cash Collateral and each the Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by Borrowerthe Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan DocumentsSection 5.14 above.
Appears in 2 contracts
Sources: Revolving Credit Facility (Stoneridge Inc), Credit Agreement (Stoneridge Inc)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s the Fronting Exposure of the Issuing Bank shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.08 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.09, the Person providing Cash Collateral and each the Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, further, and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 2 contracts
Sources: Credit Agreement (Rattler Midstream Lp), Credit Agreement (Rattler Midstream Lp)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.13 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by Administrative Agent and the each Issuing Banks Lender that there exists excess Cash Collateral. Promptly following any of the events set forth in clauses (i) and (ii) of the preceding sentence, the Cash Collateral (or the appropriate portion thereof) shall be returned to the applicable Loan Party or other Person providing such Cash Collateral; provided that, subject to the other provisions of this Section 2.19, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 2 contracts
Sources: Senior Secured Credit Agreement (Midstates Petroleum Company, Inc.), Credit Agreement (Midstates Petroleum Company, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.24 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.22, the Person providing Cash Collateral and each the Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 2 contracts
Sources: Revolving Credit Agreement (Reliant Software, Inc.), Revolving Credit Agreement (Community Choice Financial Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankany L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks each L/C Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 2.6 the Person providing Cash Collateral and each Issuing Bank L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by BorrowerBorrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 2 contracts
Sources: Loan and Security Agreement (S&W Seed Co), Loan and Security Agreement (S&W Seed Co)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 4.05 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the each Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 4.06 the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 2 contracts
Sources: Credit Agreement (LRR Energy, L.P.), Credit Agreement (LRR Energy, L.P.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankany L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks each L/C Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.194.15, the Person providing Cash Collateral and each Issuing Bank L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; Exposure or other obligations and, provided, further, that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 2 contracts
Sources: Credit Agreement (Wayfair Inc.), Credit Agreement (Wayfair Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.22 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (ii) the determination by Administrative Agent and the such Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.22, the Person providing Cash Collateral and each such Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, further, provided further that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Credit Documents.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement, Credit and Guaranty Agreement (TerraForm Power, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce each Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.13 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the such Issuing Banks Lender that there exists excess Cash Collateral; provided that, that (A) subject to the other provisions of this Section 2.1911.10 hereof, the Person providing Cash Collateral and each such Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; providedExposure or other obligations, further, that to and (B) the extent that such Cash Collateral was provided by Borrowerthe Borrowers, such Cash Collateral shall remain subject to the any security interest granted pursuant to the Loan Documents.
Appears in 2 contracts
Sources: Credit and Security Agreement (DMC Global Inc.), Credit and Security Agreement (DMC Global Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.17 (Cash Collateral) following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 2.15 (Defaulting Lenders) the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 2 contracts
Sources: Credit Agreement (Greatbatch, Inc.), Credit Agreement (Greatbatch, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure or other obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.20 following (i) the elimination of the applicable Fronting Exposure or other obligations giving rise thereto (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent Agent, the Issuing Lender and the Issuing Banks Swingline Lender that there exists excess Cash CollateralCollateral (which determination shall not be unreasonably withheld or delayed); provided that, subject Subject to the other provisions of this Section 2.192.21, the Person providing Cash Collateral and each the Issuing Bank Lender and Swingline Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan DocumentsExposure or other obligations.
Appears in 2 contracts
Sources: Credit Agreement (VOXX International Corp), Credit Agreement (VOXX International Corp)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce an Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (i) the elimination or reduction of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable LenderLender or giving effect to Section 2.19(a)(iii)) or (ii) the determination by Administrative Agent and the Issuing Banks that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 2 contracts
Sources: Senior Secured Revolving Credit Agreement (Goldman Sachs Middle Market Lending Corp.), Senior Secured Revolving Credit Agreement (Goldman Sachs Middle Market Lending Corp.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any relevant Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.22 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (ii) the determination by the Administrative Agent and the each Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.22, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, further, further that to the extent that such Cash Collateral was provided by Borrowerthe Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 2 contracts
Sources: First Lien Credit Agreement, First Lien Credit Agreement (Allscripts Healthcare Solutions, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bankany L/C Issuer’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks each L/C Issuer that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.194.14, the Person providing Cash Collateral and each Issuing Bank L/C Issuer may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; Exposure or other obligations and, provided, further, that to the extent that such Cash Collateral was provided by Borrowerthe Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 2 contracts
Sources: Credit Agreement (Applied Medical Corp), Credit Agreement (Applied Medical Corp)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the applicable Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.20 (Defaulting Lenders) following (iA) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (iiB) the determination by the Administrative Agent and the Issuing Banks that there exists excess Cash Collateral; provided that, (x) subject to the other provisions of this Section 2.192.20 (Defaulting Lenders), the Person providing Cash Collateral and each the applicable Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, that to the extent that such Exposure or other obligations and (y) Cash Collateral was provided furnished by Borrower, such Cash Collateral or on behalf of a Loan Party shall remain subject to not be released during the security interest granted pursuant to the Loan Documentsexistence of a Default or Event of Default.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (Cheniere Energy, Inc.), Credit and Guaranty Agreement (Cheniere Energy Partners, L.P.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.10 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Impacted Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 2.11 the Person providing Cash Collateral and each the Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Documents.
Appears in 2 contracts
Sources: Credit Agreement (SM Energy Co), Credit Agreement (SM Energy Co)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.22 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) or (ii) the determination by Administrative Agent and the Issuing Banks Bank that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.22, the Person providing Cash Collateral and each Issuing Bank may agree that Cash Collateral shall be held to support future anticipated Fronting ExposureExposure or other obligations; provided, further, provided further that to the extent that such Cash Collateral was provided by Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan Credit Documents.
Appears in 2 contracts
Sources: Credit and Guaranty Agreement (TerraForm Power, Inc.), Credit and Guaranty Agreement
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 4.12 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the such Issuing Banks Lender that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.19, 2.9 [Defaulting Lenders] the Person providing Cash Collateral and each such Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; Exposure or other obligations and provided, further, that to the extent that such Cash Collateral was provided by the Borrower, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan DocumentsSection 4.12(a) above.
Appears in 2 contracts
Sources: Credit Agreement (Peabody Energy Corp), Credit Agreement (Peabody Energy Corp)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 2.15 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks Lender that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.14, the Person providing Cash Collateral and each the Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by Borrowerthe Borrower or any other Loan Party, such Cash Collateral shall remain subject to the security interest Prior Security Interest granted pursuant to the Loan Documents.
Appears in 2 contracts
Sources: Credit Agreement (Andersons, Inc.), Credit Agreement (Andersons, Inc.)
Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing BankLender’s Fronting Exposure shall no longer be required to be held as Cash Collateral pursuant to this Section 2.19 5.13 following (i) the elimination of the applicable Fronting Exposure (including by the termination of Defaulting Lender status of the applicable Lender) ), or (ii) the determination by the Administrative Agent and the Issuing Banks Lender that there exists excess Cash Collateral; provided that, subject to the other provisions of this Section 2.192.9 [Default Lenders], the Person providing Cash Collateral and each the Issuing Bank Lender may agree that Cash Collateral shall be held to support future anticipated Fronting Exposure; provided, further, Exposure or other obligations and provided further that to the extent that such Cash Collateral was provided by Borrowerthe Borrowers, such Cash Collateral shall remain subject to the security interest granted pursuant to the Loan DocumentsSection 5.13(i) above.
Appears in 2 contracts
Sources: Credit Agreement (Crocs, Inc.), Revolving Credit Facility (Crocs, Inc.)