Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.10.
Appears in 57 contracts
Samples: Credit Agreement (AdTheorent Holding Company, Inc.), Credit Agreement (XOOM Corp), Credit Agreement (Alkami Technology, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(v) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 28 contracts
Samples: Credit Agreement (Nuvasive Inc), Credit Agreement (Armstrong Flooring, Inc.), Credit Agreement (Armstrong Flooring, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 22 contracts
Samples: Credit Agreement (Ixia), Credit Agreement (Ixia), Credit Agreement (AAC Holdings, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay repay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Lenders’ Fronting Exposure in accordance with the procedures set forth in Section 3.105.14.
Appears in 18 contracts
Samples: Credit Agreement (Switch, Inc.), Credit Agreement (Boot Barn Holdings, Inc.), Credit Agreement (Synaptics Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderBank’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.15.
Appears in 16 contracts
Samples: Credit Agreement (Sun Communities Inc), Credit Agreement (Hibbett Inc), Credit Agreement (Viemed Healthcare, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderBank’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.15.
Appears in 13 contracts
Samples: Credit Agreement (Physicians Realty Trust), Credit Agreement (Computer Programs & Systems Inc), Credit Agreement (Healthpeak Properties, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay repay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.105.14.
Appears in 13 contracts
Samples: Credit Agreement (Patrick Industries Inc), Credit Agreement (Chuy's Holdings, Inc.), Credit Agreement (Southwest Gas Corp)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (ivb) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 13 contracts
Samples: Credit Agreement (Fox Factory Holding Corp), Credit Agreement (Coeur Mining, Inc.), Credit Agreement (I3 Verticals, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.105.14.
Appears in 12 contracts
Samples: Credit Agreement (Fossil Inc), Credit Agreement (Fossil Group, Inc.), Credit Agreement (Fossil Group, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.24.
Appears in 12 contracts
Samples: Credit Agreement (ESH Hospitality LLC), Credit Agreement (ESH Hospitality, Inc.), Credit Agreement (ESH Hospitality, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure Exposure, and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.10.
Appears in 12 contracts
Samples: Credit Agreement (Organogenesis Holdings Inc.), Credit Agreement (Radisys Corp), Credit Agreement (Monotype Imaging Holdings Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawApplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 11 contracts
Samples: Credit Agreement (Digital Turbine, Inc.), Credit Agreement (Powell Industries Inc), Credit Agreement (Powell Industries Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure on account of such Defaulting Lender and (y) second, Cash Collateralize cash collateralize the Issuing Lender’s Banks’ Fronting Exposure on account of such Defaulting Lender in accordance with the procedures set forth in Section 3.102.05(i).
Appears in 11 contracts
Samples: Credit Agreement (SVMK Inc.), Credit Agreement (Avago Technologies LTD), Credit Agreement (Broadcom LTD)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(v) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawApplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 11 contracts
Samples: Credit Agreement (Usana Health Sciences Inc), Credit Agreement (Duluth Holdings Inc.), Credit Agreement (DocGo Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Lenders’ Fronting Exposure in accordance with the procedures set forth in Section 3.103.9.
Appears in 10 contracts
Samples: Credit Agreement (Meritage Homes CORP), Credit Agreement (AV Homes, Inc.), Credit Agreement (Meritage Homes CORP)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause paragraph (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the LC Issuing Lender’s Banks’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.22.
Appears in 10 contracts
Samples: Credit Agreement, Credit Agreement, Credit Agreement (Pacificorp /Or/)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, shall without prejudice to any right or remedy available to it hereunder or under applicable law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Letter of Credit Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 3.103.8.
Appears in 10 contracts
Samples: Credit Agreement (Applovin Corp), Credit Agreement (Applovin Corp), Credit Agreement (Applovin Corp)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.20.
Appears in 10 contracts
Samples: Credit Agreement (Atlas Merger Subsidiary, Inc.), Credit Agreement (Ani Pharmaceuticals Inc), Credit Agreement (Lehigh Gas Partners LP)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure Exposure, and (y) second, Cash Collateralize the Issuing Lender’s Lenders’ Fronting Exposure in accordance with the procedures set forth in Section 3.10.
Appears in 8 contracts
Samples: Guarantee and Collateral Agreement (Extreme Networks Inc), Credit Agreement (Extreme Networks Inc), Credit Agreement (Digi International Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to it them hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize cash collateralize the Issuing Lender’s Banks’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.24(c).
Appears in 7 contracts
Samples: Credit Agreement (Performance Food Group Co), Credit Agreement (Performance Food Group Co), Credit Agreement (Performance Food Group Co)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay repay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.104.13.
Appears in 6 contracts
Samples: Credit Agreement (Aci Worldwide, Inc.), Credit Agreement (MGP Ingredients Inc), Credit Agreement (MGP Ingredients Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay repay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Lenders’ Fronting Exposure in accordance with the procedures set forth in Section 3.105.14.
Appears in 6 contracts
Samples: Credit Agreement (Southwest Gas Corp), Credit Agreement (Centuri Holdings, Inc.), Credit Agreement (Southwest Gas Corp)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (ivc) above cannot, or can only partially, be effected, the each applicable Borrower shall, without prejudice to any right or remedy available to it such Borrower hereunder or under lawapplicable Law, (x) first, prepay Swingline Loans made to such Borrower in an amount equal to the Swingline Lender’s Fronting Lenders’ Swingline Exposure attributable to such Defaulting Lender and (y) second, Cash Collateralize the Issuing Lender’s Fronting L/C Exposure of such Defaulting Lender in accordance with the procedures set forth in Section 3.102.05(g).
Appears in 6 contracts
Samples: Restatement Agreement (Constellation Brands, Inc.), Credit Agreement (Constellation Brands, Inc.), Assignment and Assumption (Constellation Brands, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the each Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.104.14.
Appears in 6 contracts
Samples: Credit Agreement (CoreCivic, Inc.), Credit Agreement (Corrections Corp of America), Credit Agreement (CoreCivic, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it them hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Swing Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.10.9.4 hereof
Appears in 5 contracts
Samples: Whitestone Credit Agreement (Pillarstone Capital Reit), Credit Agreement (Whitestone REIT), Whitestone Credit Agreement (Whitestone REIT)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawApplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (yB) second, Cash Collateralize the Issuing Lender’s L/C Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 5 contracts
Samples: Credit Agreement (Morningstar, Inc.), Credit Agreement (Morningstar, Inc.), Credit Agreement (Morningstar, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (ivSection 2.15(b) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s L/C Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 5 contracts
Samples: Credit Agreement (Dycom Industries Inc), Assignment and Assumption (Dycom Industries Inc), Credit Agreement (Dycom Industries Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.10.. (b)
Appears in 5 contracts
Samples: 97570842v91 Credit Agreement (Pagaya Technologies Ltd.), Credit Agreement (Brilliant Earth Group, Inc.), Credit Agreement (Brilliant Earth Group, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay repay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.104.14.
Appears in 5 contracts
Samples: Credit Agreement (Global Power Equipment Group Inc.), Credit Agreement (Apogee Enterprises, Inc.), Credit Agreement (Zoe's Kitchen, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Defaulting Lender Fronting Exposure and (y) second, Cash Collateralize cash collateralize the Issuing Lender’s Banks’ Applicable Fronting Exposure in accordance with the procedures set forth in Section 3.102.04(j).
Appears in 5 contracts
Samples: Credit Agreement (Viasat Inc), Credit Agreement (Viasat Inc), Credit Agreement (Viasat Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it them hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderBank’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.24.
Appears in 5 contracts
Samples: Guarantee and Collateral Agreement (Advanced Disposal Services, Inc.), Senior Secured Credit Agreement (Advanced Disposal Services Glacier Ridge Landfill, LLC), Senior Secured Credit Agreement (Trestle Transport, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawLaw, (xA) first, prepay the Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (yB) second, Cash Collateralize the Issuing Lender’s Lenders’ Fronting Exposure in accordance with the procedures set forth in Section 3.104.13.
Appears in 5 contracts
Samples: Credit Agreement (CatchMark Timber Trust, Inc.), Credit Agreement (CatchMark Timber Trust, Inc.), Credit Agreement (CatchMark Timber Trust, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.03(g).
Appears in 5 contracts
Samples: Credit Agreement (Resmed Inc), Credit Agreement (Resmed Inc), Credit Agreement (Resmed Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to it them hereunder or under lawapplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing Lendereach L/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 4 contracts
Samples: Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc), Credit Agreement (Benchmark Electronics Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (ivSection 2.22(a)(ii) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Lenders’ Swingline Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Banks’ L/C Exposure in accordance with the procedures set forth in Section 3.102.05(g).
Appears in 4 contracts
Samples: Credit Agreement (Mylan N.V.), Revolving Credit Agreement (Mylan N.V.), Revolving Credit Agreement (Upjohn Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure that has not been reallocated and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure that has not been reallocated in accordance with the procedures set forth in Section 3.102.20 for so long as such Fronting Exposure is outstanding.
Appears in 4 contracts
Samples: Credit Agreement (Fluent, Inc.), Credit Agreement (Fluent, Inc.), Credit Agreement (Fluent, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.103.1(b).
Appears in 4 contracts
Samples: Guaranty Agreement (Amerigas Partners Lp), Credit Agreement (Amerigas Partners Lp), Credit Agreement (Amerigas Partners Lp)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawRequirements of Law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Loan Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s L/C Issuers’ Fronting Exposure in accordance with the procedures set forth specified in Section 3.10the definition of “Cash Collateralized.”
Appears in 4 contracts
Samples: Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.), Credit Agreement (Koppers Holdings Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawlaw and subject to Section 2.25, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure Exposure, and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.10.
Appears in 4 contracts
Samples: Credit Agreement (Everyday Health, Inc.), Credit Agreement (Alarm.com Holdings, Inc.), Credit Agreement (Alarm.com Holdings, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (ivSection 2.21(c) above cannot, or can only partially, be effected, the Borrower Company shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Applicable Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Applicable Swingline Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.20.
Appears in 4 contracts
Samples: Credit Agreement (Universal Health Realty Income Trust), Credit Agreement (Universal Health Realty Income Trust), Credit Agreement (Universal Health Realty Income Trust)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Banks’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.26.
Appears in 4 contracts
Samples: Credit Agreement (South Carolina Electric & Gas Co), Credit Agreement (South Carolina Electric & Gas Co), Credit Agreement (South Carolina Electric & Gas Co)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.26.
Appears in 4 contracts
Samples: Credit Agreement (EVERTEC, Inc.), Credit Agreement (EVERTEC, Inc.), Credit Agreement (EVERTEC, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawLaw, (x) first, prepay Swingline Loans in an amount equal to the Swingline Loan Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth specified in Section 3.105.12 [Cash Collateral].
Appears in 4 contracts
Samples: Credit Agreement (Stewart Information Services Corp), Credit Agreement (Stewart Information Services Corp), Credit Agreement (EPAM Systems, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawLaw, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderLC Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.19.
Appears in 4 contracts
Samples: Credit Agreement (Susser Petroleum Partners LP), Credit Agreement (Sunoco LP), Credit Agreement (Sunoco LP)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Domestic Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s L/C Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.15.
Appears in 4 contracts
Samples: Credit Agreement (Diodes Inc /Del/), Credit Agreement (Diodes Inc /Del/), Credit Agreement (Diodes Inc /Del/)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it them hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Swing Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 4 contracts
Samples: Credit Agreement (Willdan Group, Inc.), Credit Agreement (Willdan Group, Inc.), Credit Agreement (Cal-Maine Foods Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to it them hereunder or under applicable law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Letter of Credit Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 3.103.7.
Appears in 4 contracts
Samples: Credit Agreement (Canada Goose Holdings Inc.), Credit Agreement (Canada Goose Holdings Inc.), Credit Agreement (Canada Goose Holdings Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawApplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.10.2.14. (b)
Appears in 4 contracts
Samples: Credit Agreement (Encore Wire Corp), Credit Agreement (Alamo Group Inc), Credit Agreement (Alamo Group Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it them hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 4 contracts
Samples: Credit Agreement (Postal Realty Trust, Inc.), Credit Agreement (Willdan Group, Inc.), Credit Agreement (Postal Realty Trust, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay repay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.1015.20.
Appears in 4 contracts
Samples: Credit Agreement (Quanex Building Products CORP), Credit Agreement (Quanex Building Products CORP), Credit Agreement (Quanex Building Products CORP)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (ivd) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to it them hereunder or under lawApplicable Law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize cash collateralize the Issuing LenderBank’s Fronting Exposure in accordance with the procedures set forth in Section 3.10Exposure.
Appears in 4 contracts
Samples: Credit Agreement (Caleres Inc), Credit Agreement (Caleres Inc), Credit Agreement (Brown Shoe Co Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure Exposure, and (yB) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 4 contracts
Samples: Credit Agreement (Mission Produce, Inc.), Credit Agreement (Commercial Vehicle Group, Inc.), Credit Agreement (Us Xpress Enterprises Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Defaulting Lender Fronting Exposure and (y) second, Cash Collateralize cash collateralize the Issuing Lender’s Banks’ Applicable Fronting Exposure in accordance with the procedures set forth in Section 3.10.2.05(j). (b)
Appears in 4 contracts
Samples: Credit Agreement (LivaNova PLC), Credit Agreement (LivaNova PLC), Credit Agreement (LivaNova PLC)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 4 contracts
Samples: Credit Agreement (Amedisys Inc), Credit Agreement (Amedisys Inc), Credit Agreement (Amedisys Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lendereach L/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.10.1.17 hereof. (b)
Appears in 4 contracts
Samples: Credit Agreement (Jones Lang Lasalle Inc), Credit Agreement (Jones Lang Lasalle Inc), Multicurrency Credit Agreement (Jones Lang Lasalle Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iviii) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay repay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize cash collateralize the Issuing Lender’s Fronting Exposure in accordance with a manner reasonably satisfactory to the procedures set forth in Section 3.10Issuing Lender.
Appears in 3 contracts
Samples: Credit Agreement (Imax Corp), Credit Agreement (Imax Corp), Credit Agreement (Imax Corp)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(v) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawApplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing Lender’s L/C Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 3 contracts
Samples: Credit Agreement (Sunpower Corp), Credit Agreement (Sunpower Corp), Credit Agreement (Parsons Corp)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iviii) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans under each applicable Revolving Facility in an amount equal to the Defaulting Lenders’ remaining Swingline Lender’s Fronting Exposure thereunder and (y) second, Cash Collateralize the Issuing such Defaulting Lender’s Fronting remaining L/C Exposure under each applicable Revolving Facility in accordance with the procedures set forth in Section 3.102.05(g).
Appears in 3 contracts
Samples: Credit Agreement (Dole PLC), Credit Agreement (Dole PLC), Assignment and Assumption (Dole Food Co Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.18.
Appears in 3 contracts
Samples: Credit Agreement (ARKO Corp.), Credit Agreement (ARKO Corp.), Credit Agreement (ARKO Corp.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the each Issuing Lender’s Banks’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.15.
Appears in 3 contracts
Samples: Credit Agreement (Orion Group Holdings Inc), Credit Agreement (EarthLink Holdings Corp.), Credit Agreement (Orion Group Holdings Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Banks’ Fronting Exposure in accordance with the procedures set forth in Section 3.10.2.21(a). (c)
Appears in 3 contracts
Samples: Credit Agreement (Pilgrims Pride Corp), Credit Agreement (Pilgrims Pride Corp), Credit Agreement (Pilgrims Pride Corp)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay repay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.104.13.
Appears in 3 contracts
Samples: Credit Agreement (Ubiquiti Networks, Inc.), Credit Agreement (Ubiquiti Networks, Inc.), Credit Agreement (Ubiquiti Networks, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Co-Borrowers shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Defaulting Lender Fronting Exposure and (y) second, Cash Collateralize the cash collateralize each Issuing LenderBank’s Defaulting Lender Fronting Exposure in accordance with the procedures set forth in Section 3.102.05(j).
Appears in 3 contracts
Samples: Credit Agreement (Graftech International LTD), Credit Agreement (Graftech International LTD), Credit Agreement (Graftech International LTD)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (ivSection 2.21.1(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize cash collateralize the Issuing LenderBank’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.21.4.
Appears in 3 contracts
Samples: Credit Agreement (Sei Investments Co), Credit Agreement (Sei Investments Co), Credit Agreement (Sei Investments Co)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to it them hereunder or under lawlaw and subject to Section 2.25, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure Exposure, and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.10.
Appears in 3 contracts
Samples: Credit Agreement (Benefitfocus,Inc.), Credit Agreement (Benefitfocus,Inc.), Credit Agreement (Benefitfocus,Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the each Issuing Lender’s Banks’ Fronting Exposure in accordance with the procedures set forth in Section 3.10.2.15. (b)
Appears in 3 contracts
Samples: Credit Agreement (Orion Group Holdings Inc), Credit Agreement (Orion Group Holdings Inc), Credit Agreement (Orion Group Holdings Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower ODEC shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.04.
Appears in 3 contracts
Samples: Credit Agreement (Old Dominion Electric Cooperative), Credit Agreement (Old Dominion Electric Cooperative), Credit Agreement (Old Dominion Electric Cooperative)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (ivSection 4.11(a)(iv) above cannot, or can only partially, be effected, the each Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize cash collateralize the Issuing Lender’s Lenders’ Fronting Exposure in accordance with the procedures set forth in Section 3.1011.2(b)(i).
Appears in 3 contracts
Samples: Credit Agreement (Brinks Co), Credit Agreement (Brinks Co), Credit Agreement (Brinks Co)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (ive) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay repay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Lenders’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.20.
Appears in 3 contracts
Samples: Credit Agreement (Salesforce, Inc.), Credit Agreement (SALESFORCE.COM, Inc.), Credit Agreement (Salesforce, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderBank’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.13.
Appears in 3 contracts
Samples: Credit Agreement (Virtus Investment Partners, Inc.), Credit Agreement (Virtus Investment Partners, Inc.), Credit Agreement (Virtus Investment Partners, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (ivSection 3.17(a)(iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to it them hereunder or under lawapplicable Law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.103.16.
Appears in 3 contracts
Samples: Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports Inc), Credit Agreement (Speedway Motorsports LLC)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay repay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.105.13.
Appears in 3 contracts
Samples: Credit Agreement (Aci Worldwide, Inc.), Credit Agreement (Aci Worldwide, Inc.), Credit Agreement (Aci Worldwide, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (ivSection 5.15(c) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Swingline Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.105.14.
Appears in 3 contracts
Samples: Credit Agreement (Orbital Sciences Corp /De/), Credit Agreement (Orbital Sciences Corp /De/), Credit Agreement (Orbital Sciences Corp /De/)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Loan Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Lenders’ Fronting Exposure in accordance with the procedures set forth specified in Section 3.105.12.
Appears in 3 contracts
Samples: Credit Agreement (Cadre Holdings, Inc.), Credit Agreement (Cadre Holdings, Inc.), Credit Agreement (Cadre Holdings, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Banks’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.05(j).
Appears in 3 contracts
Samples: Credit Agreement (Norwegian Cruise Line Holdings Ltd.), Intercreditor Agreement (Norwegian Cruise Line Holdings Ltd.), Credit Agreement (RBS Global Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under applicable law, (xa) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure in respect of the Defaulting Lender and (yb) second, Cash Collateralize the Issuing LenderBank’s Fronting Exposure in respect of the Defaulting Lender in accordance with the procedures set forth in Section 3.102.05(n).
Appears in 3 contracts
Samples: Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid Corp), Credit Agreement (Rite Aid Corp)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing Lendereach L/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 3 contracts
Samples: Credit Agreement (Ducommun Inc /De/), Credit Agreement (Ducommun Inc /De/), Credit Agreement (Aerojet Rocketdyne Holdings, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay repay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Lenders’ Fronting Exposure in accordance with the procedures set forth in Section 3.105.14.
Appears in 3 contracts
Samples: Credit Agreement (Kforce Inc), Credit Agreement (Kforce Inc), Credit Agreement (Kforce Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawApplicable Law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Lenders’ Fronting Exposure in accordance with the procedures set forth in Section 3.10Subsection 1.14.
Appears in 3 contracts
Samples: Credit Agreement (Atlantic Tele Network Inc /De), Credit Agreement (Atlantic Tele Network Inc /De), Credit Agreement (ATN International, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Defaulting Lender Fronting Exposure and (y) second, Cash Collateralize cash collateralize the Issuing Lender’s Banks’ Applicable Fronting Exposure in accordance with the procedures set forth in Section 3.102.05(j).
Appears in 3 contracts
Samples: Credit Agreement (Sotera Health Co), Credit Agreement (LivaNova PLC), Credit Agreement (Sotera Health Topco, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, prepay the Loans in an amount sufficient to effect fully the reallocation described in clause (iv) above or Cash Collateralize with respect to the Issuing Lender’s Banks’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.20.
Appears in 3 contracts
Samples: Credit Agreement (Kirby Corp), Credit Agreement (Kirby Corp), Credit Agreement (Kirby Corp)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawApplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing Lender’s applicable L/C Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 3 contracts
Samples: Credit Agreement (Cambium Networks Corp), Credit Agreement (Cambium Networks Corp), Credit Agreement (Cambium Networks Corp)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s L/C Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 3.105.9.
Appears in 3 contracts
Samples: Credit Agreement (Williams Sonoma Inc), Credit Agreement (Williams Sonoma Inc), Credit Agreement (Williams Sonoma Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.10Exposure.
Appears in 3 contracts
Samples: Credit Agreement (South Carolina Electric & Gas Co), Credit Agreement (Diversified Restaurant Holdings, Inc.), Credit Agreement (Diversified Restaurant Holdings, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under applicable law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s L/C Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 3.103.18.
Appears in 3 contracts
Samples: Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawApplicable Law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.103.16.
Appears in 3 contracts
Samples: Credit Agreement (Affiliated Managers Group, Inc.), Credit Agreement (Affiliated Managers Group, Inc.), Credit Agreement (Affiliated Managers Group, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.20.
Appears in 3 contracts
Samples: Credit Agreement and Consent (CrossAmerica Partners LP), Credit Agreement (CrossAmerica Partners LP), Credit Agreement (VOXX International Corp)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderBank’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.10.
Appears in 3 contracts
Samples: Credit Agreement (SM Energy Co), Credit Agreement (SM Energy Co), Credit Agreement (SM Energy Co)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Banks’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.21.
Appears in 3 contracts
Samples: Credit Agreement (Borgwarner Inc), Credit Agreement (Borgwarner Inc), Credit Agreement (Borgwarner Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize cash collateralize the Issuing Lender’s Lenders’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.05(j).
Appears in 3 contracts
Samples: Credit Agreement (Cardtronics Inc), Credit Agreement (Cardtronics Inc), Credit Agreement (Cardtronics Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (ivSection 2.17(b) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure Exposure, and (y) second, Cash Collateralize the Issuing Lender’s L/C Issuers’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.16.
Appears in 3 contracts
Samples: Credit Agreement (Fresenius Medical Care AG & Co. KGaA), Credit Agreement (Fresenius Medical Care AG & Co. KGaA), Credit Agreement (Fresenius Medical Care AG & Co. KGaA)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.10.
Appears in 3 contracts
Samples: Credit Agreement (Franchise Group, Inc.), Credit Agreement (Liberty Tax, Inc.), Credit Agreement (Harvard Bioscience Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the each Issuing Lender’s Banks’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.15.
Appears in 3 contracts
Samples: Credit Agreement (FutureFuel Corp.), Credit Agreement (Heckmann CORP), Credit Agreement (International Shipholding Corp)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay repay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s ’ Fronting Exposure in accordance with the procedures set forth in Section 3.105.14.
Appears in 3 contracts
Samples: Credit Agreement (RealPage, Inc.), Credit Agreement (Realpage Inc), Credit Agreement (Realpage Inc)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Banks’ Fronting Exposure in accordance with the procedures set forth in Section 3.102.21(a).
Appears in 3 contracts
Samples: Credit Agreement (Pilgrims Pride Corp), Credit Agreement (Pilgrims Pride Corp), Credit Agreement (Pilgrims Pride Corp)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(v) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 3 contracts
Samples: Credit Agreement (Super Micro Computer, Inc.), Credit Agreement (Chase Corp), Credit Agreement (Chase Corp)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 3 contracts
Samples: Credit Agreement (RigNet, Inc.), Credit Agreement (RigNet, Inc.), Credit Agreement (RigNet, Inc.)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower Borrowers shall, without prejudice to any right or remedy available to it the Borrowers hereunder or under law, (x) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing Lender’s Banks’ Fronting Exposure in accordance with the procedures set forth in Section 3.10Exposure.
Appears in 3 contracts
Samples: Revolving Credit Agreement (Houghton Mifflin Harcourt Co), Revolving Credit Agreement (HMH Holdings (Delaware), Inc.), Security Agreement (Houghton Mifflin Harcourt Co)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iva)(iv) above cannot, or can only partially, be effected, the Borrower applicable Borrowers shall, without prejudice to any right or remedy available to it hereunder or under lawapplicable Law, (xA) first, prepay Swingline Loans in an amount equal to the Swingline Lender’s Fronting Exposure and (yB) second, Cash Collateralize the Issuing Lendereach L/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.14.
Appears in 3 contracts
Samples: Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma), Credit Agreement (Vertex Pharmaceuticals Inc / Ma)
Cash Collateral, Repayment of Swingline Loans. If the reallocation described in clause (iv) above cannot, or can only partially, be effected, the Borrower shall, without prejudice to any right or remedy available to it hereunder or under law, (x) first, prepay repay Swingline Loans in an amount equal to the Swingline Lender’s Lenders’ Fronting Exposure and (y) second, Cash Collateralize the Issuing LenderL/C Issuer’s Fronting Exposure in accordance with the procedures set forth in Section 3.102.15.
Appears in 3 contracts
Samples: Credit Agreement (Meredith Corp), Credit Agreement (Meredith Corp), Credit Agreement (Meredith Corp)
