Common use of Cash Collateralization of Extended Letters of Credit Clause in Contracts

Cash Collateralization of Extended Letters of Credit. The Borrower shall provide Cash Collateral (in an amount equal to 105% of the maximum face amount of each Extended Letter of Credit, calculated in accordance with Section 1.08) to each applicable L/C Issuer with respect to each Extended Letter of Credit issued by such L/C Issuer by a date that is no earlier than 120 days prior to the Revolving Credit Facility Maturity Date, but no later than 95 days prior to the Revolving Credit Facility Maturity Date (or, if such Letter of Credit is issued on or after the date that is 95 days prior to the Revolving Credit Facility Maturity Date, on the date of issuance thereof); provided that if the Borrower fails to provide Cash Collateral with respect to any such Extended Letter of Credit by such time, such event shall be treated as a drawing under such Extended Letter of Credit (in an amount equal to 105% of the maximum face amount of each such Letter of Credit, calculated in accordance with Section 1.08), which shall be reimbursed (or participations therein funded) in accordance with Section 2.03(c), with the proceeds being utilized to provide Cash Collateral for such Letter of Credit. The Cash Collateralization documentation with respect to each Extended Letter of Credit shall require that the applicable L/C Issuer, and the applicable Loan Party or Subsidiary shall direct such L/C Issuer, to return any Cash Collateral released on account of the undrawn termination or return of the applicable Extended Letter of Credit or reduction of the face value thereof (“Released Cash Collateral”) to the Administrative Agent to be applied as a prepayment in accordance with Section 2.05(b)(iv), unless the Administrative Agent shall have provided notice to such L/C Issuer that the Revolving Credit Facility Termination Date has occurred.

Cash Collateralization of Extended Letters of Credit. The Borrower shall provide Cash Collateral (in an amount equal to 105% of the maximum face amount of each Extended Letter of Credit, calculated in accordance with Section 1.08) to each applicable L/C Issuer with respect to each Extended Letter of Credit issued by such L/C Issuer by a date that is no earlier than 120 days prior to the Revolving Credit Facility Maturity Date, but no later than 95 135 9540 days prior to the Revolving Credit Facility Maturity Date (or, if such Letter of Credit is issued on or after the date that is 95 days 40days prior to the Revolving Credit Facility Maturity Date, on the date of issuance thereof); provided that if the Borrower fails to provide Cash Collateral with respect to any such Extended Letter of Credit by such time, such event shall be treated as a drawing under such Extended Letter of Credit (in an amount equal to 105% of the maximum face amount of each such Letter of Credit, calculated in accordance with Section 1.08), which shall be reimbursed (or participations therein funded) in accordance with Section 2.03(c), with the proceeds being utilized to provide Cash Collateral for such Letter of Credit. The Cash Collateralization documentation with respect to each Extended Letter of Credit shall require that the applicable L/C Issuer, and the applicable Loan Party or Subsidiary shall direct such L/C Issuer, to return any Cash Collateral released on account of the undrawn termination or return of the applicable Extended Letter of Credit or reduction of the face value thereof (“Released Cash Collateral”) to the Administrative Agent to be applied as a prepayment in accordance with Section 2.05(b)(iv), unless the Administrative Agent shall have provided notice to such L/C Issuer that the Revolving Credit Facility Termination Date has occurred.

Cash Collateralization of Extended Letters of Credit. The Borrower shall provide Cash Collateral (in an amount equal to 105% of the maximum face amount of each Extended Letter of Credit, calculated in accordance with Section 1.08) to each applicable L/C Issuer with respect to each Extended Letter of Credit issued by such L/C Issuer by a date that is no earlier than 120 days prior to the Revolving Credit Facility Maturity Date, but no later than 95 9540 days prior to the Revolving Credit Facility Maturity Date (or, if such Letter of Credit is issued on or after the date that is 95 40 days prior to the Revolving Credit Facility Maturity Date, on the date of issuance thereof); provided that if the Borrower fails to provide Cash Collateral with respect to any such Extended Letter of Credit by such time, such event shall be treated as a drawing under such Extended Letter of Credit (in an amount equal to 105% of the maximum face amount of each such Letter of Credit, calculated in accordance with Section 1.08), which shall be reimbursed (or participations therein funded) in accordance with Section 2.03(c), with the proceeds being utilized to provide Cash Collateral for such Letter of Credit. The Cash Collateralization documentation with respect to each Extended Letter of Credit shall require that the applicable L/C Issuer, and the applicable Loan Party or Subsidiary shall direct such L/C Issuer, to return any Cash Collateral released on account of the undrawn termination or return of the applicable Extended Letter of Credit or reduction of the face value thereof (“Released Cash Collateral”) to the Administrative Agent to be applied as a prepayment in accordance with Section 2.05(b)(iv), unless the Administrative Agent shall have provided notice to such L/C Issuer that the Revolving Credit Facility Termination Date has occurred.. 149

Cash Collateralization of Extended Letters of Credit. The Borrower shall provide Cash Collateral (in an amount equal to 105% of the maximum face amount of each Extended Letter of Credit, calculated in accordance with Section 1.08) to each applicable L/C Issuer with respect to each Extended Letter of Credit issued by such L/C Issuer by a date that is no earlier than 120 days prior to the Revolving Credit Facility Maturity Date, but no later than 95 9540 days prior to the Revolving Credit Facility Maturity Date (or, if such Letter of Credit is issued on or after the date that is 95 days 40days prior to the Revolving Credit Facility Maturity Date, on the date of issuance thereof); provided that if the Borrower fails to provide Cash Collateral with respect to any such Extended Letter of Credit by such time, such event shall be treated as a drawing under such Extended Letter of Credit (in an amount equal to 105% of the maximum face amount of each such Letter of Credit, calculated in accordance with Section 1.08), which shall be reimbursed (or participations therein funded) in accordance with Section 2.03(c), with the 150 proceeds being utilized to provide Cash Collateral for such Letter of Credit. The Cash Collateralization documentation with respect to each Extended Letter of Credit shall require that the applicable L/C Issuer, and the applicable Loan Party or Subsidiary shall direct such L/C Issuer, to return any Cash Collateral released on account of the undrawn termination or return of the applicable Extended Letter of Credit or reduction of the face value thereof (“Released Cash Collateral”) to the Administrative Agent to be applied as a prepayment in accordance with Section 2.05(b)(iv), unless the Administrative Agent shall have provided notice to such L/C Issuer that the Revolving Credit Facility Termination Date has occurred. Post Closing Deliveries. To the extent not delivered on or prior to the Closing Date pursuant to a waiver by the Administrative Agent with respect to such Mortgaged Property as provided in Section 4.02(a)(iii), the Borrower shall deliver to the Administrative Agent on or prior to sixty (60) days after the Closing Date (or such later date as the Administrative Agent may agree in its sole discretion) each document, and satisfy each other condition, with respect to such Mortgaged Property as described in Section 4.02(a)(iii), including (to the extent applicable) a favorable opinion with respect thereto as described in Section 4.02(a)(vi).