Common use of Cash Collateralize Clause in Contracts

Cash Collateralize. the delivery of cash to Agent, as security for the payment of Obligations, in an amount equal to (a) with respect to LC Obligations, 105% of the aggregate LC Obligations, and (b) with respect to any inchoate, contingent or other Obligations (including Secured Bank Product Obligations, but excluding indemnification obligations which are either contingent or inchoate to the extent no claims giving rise thereto have been asserted), Agent’s good faith, reasonable estimate of the amount that is due or could become due, including all fees and other amounts relating to such Obligations. “Cash Collateralization” has a correlative meaning. Cash Equivalents: (a) marketable obligations issued by, or unconditionally guaranteed by, the United States government or any agency or instrumentality thereof and backed by the full faith and credit of the United States government, in each case maturing within 12 months of the date of acquisition; (b) certificates of deposit, time deposits and bankers’ acceptances maturing within 12 months of the date of acquisition, and overnight bank deposits, in each case which are issued by Bank of the West, any Lender or a commercial bank organized under the laws of the United States or any state or district thereof, rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x at the time of acquisition, and (unless issued by a Lender) not subject to offset rights; (c) repurchase obligations with a term of not more than 30 days for underlying investments of the types described in clauses (a) and (b) entered into with any bank described in clause (b); (d) commercial paper issued by Bank of the West, any Lender or rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x, and maturing within nine months of the date of acquisition; and (e) shares of any money market fund that has substantially all of its assets invested continuously in the types of investments referred to above, has net assets of at least $500,000,000 and has the highest rating obtainable from either Xxxxx’x or S&P. Cash Management Services: any services provided from time to time by Bank of the West, any Lender or any of their respective Affiliates to any Borrower or Subsidiary in connection with operating, collections, payroll, trust, or other depository or disbursement accounts, including automated clearinghouse, e-payable, electronic funds transfer, wire transfer, controlled disbursement, overdraft, depository, information reporting, lockbox and stop payment services. CERCLA: the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. § 9601 et seq.).

Cash Collateralize. the delivery of cash to Agent, as security for the payment of Obligations, in an amount equal to (a) with respect to LC Obligations, 105103% of the aggregate LC Obligations, and (b) with respect to any inchoate, contingent or other Obligations (including Secured Bank Product Obligations, but excluding indemnification obligations which are either contingent or inchoate to the extent no claims giving rise thereto have been asserted), Agent’s good faith, reasonable faith estimate of the amount that is due or could to become due, including all fees fees, expenses and other amounts relating to such Obligationsindemnification hereunder. “Cash Collateralization” has a correlative meaning. Cash Dominion Trigger Period: the period (a) commencing on any date in which a Specified Default or an Event of Default occurs or Availability is less than the greater of (i) $17,500,000 and (ii) 10% of the Commitments at such time and (b) continuing until the first date thereafter on which no Specified Default or Event of Default has existed for 45 consecutive days and Availability has been at least the greater of (i) $17,500,000 and (ii) 10% of the Commitments at all times for 45 consecutive days. Cash Equivalents: (a) marketable direct obligations issued byof, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States government of America (or by any agency or instrumentality thereof and to the extent such obligations are backed by the full faith and credit of the United States governmentof America), in each case maturing within 12 months of one year from the date of acquisitionissuance thereof; (b) investments in commercial paper maturing within 270 days from the date of issuance thereof and having, at such date of acquisition, the highest credit rating obtainable from Moody’s or from S&P; (c) investments in certificates of deposit, banker’s acceptances and time deposits and bankers’ acceptances maturing within 12 months of one year from the date of acquisitionacquisition thereof issued or guaranteed by or placed with, and overnight bank depositsmoney market deposit accounts issued or offered by, in each case which are issued by Bank the Administrative Agent or any domestic office of the West, any Lender or a commercial bank organized under the laws of the United States of America or any state or district thereof, rated A-1 State thereof that has a combined capital and surplus and undivided profits at the date of acquisition thereof of not less than $500,000,000 and that issues (or betterthe parent of which issues) commercial paper rated at least “Prime 1” (or the then equivalent grade) by S&P Moody’s or P-1 “A-1” (or betterthe then equivalent grade) by Xxxxx’x at the time of acquisition, and (unless issued by a Lender) not subject to offset rightsS&P; (cd) fully collateralized repurchase obligations agreements with a term of not more than 30 days for underlying securities described in clause (a) above and entered into with a financial institution satisfying the criteria of clause (c) above; and (e) investments in “money market funds” within the meaning of Rule 2a-7 of the Investment Company Act of 1940, as amended, substantially all of whose assets are invested in investments of the types type described in clauses (a) and (b) entered into with any bank described in clause (b); through (d) commercial paper issued by Bank of the West, any Lender or rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x, and maturing within nine months of the date of acquisition; and (e) shares of any money market fund that has substantially all of its assets invested continuously in the types of investments referred to above, has net assets of at least $500,000,000 and has the highest rating obtainable from either Xxxxx’x or S&P. Cash Management Services: any services provided from time to time by Bank of the West, any Lender or any of their respective Affiliates to any Borrower or Subsidiary in connection with operating, collections, payroll, trust, or other depository or disbursement accounts, including automated clearinghouse, e-payable, electronic funds transfer, wire transfer, controlled disbursement, overdraft, depository, information reporting, lockbox and stop payment services. CERCLA: the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. § 9601 et seq.).

Cash Collateralize. the delivery of cash to Agent, as security for the payment of Obligations, in an amount equal to (a) with respect to LC Obligations, 105103% of the aggregate LC Obligations, and (b) with respect to any inchoate, contingent or other Obligations (including Secured Obligations arising under Bank Product Obligations, but excluding indemnification obligations which are either contingent or inchoate to the extent no claims giving rise thereto have been assertedProducts), Agent’s good faith, reasonable faith estimate of the amount that is due or could to become due, including all fees and other amounts relating to such Obligations. “Cash Collateralization” has a correlative meaning. Cash Dominion Period: (a) the period commencing on the day that Excess Availability is less than the greater of (i) $15,000,000 and (ii) 15% of the lesser of (A) the Borrowing Base and (B) the aggregate amount of Commitments; and (b) continuing until the date when Excess Availability has been equal to or greater than the greater of (i) $15,000,000 and (ii) 15% of the lesser of (A) the Borrowing Base and (B) the aggregate amount of Commitments for 45 consecutive days and (b) any period during which an Event of Default shall have occurred and be continuing. Cash Equivalents: (a) marketable obligations issued by, or unconditionally guaranteed by, the United States government or any agency or instrumentality thereof and backed by the full faith and credit of, the United States government, maturing within 12 months of the date of acquisition; (b) marketable direct obligations issued by any state of the United States governmentor any political subdivision of any such state or any public instrumentality thereof, in each case maturing within 12 months of the date of acquisitionacquisition and having a rating of at least A- from S&P or the equivalent thereof from Xxxxx’x; (bc) certificates of deposit, time deposits and bankers’ acceptances maturing within 12 months of the date of acquisition, and overnight bank deposits, in each case which are issued by Bank of the West, any Lender or a commercial bank organized under the laws of the United States or any state or district thereofthereof or any OECD country, rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x at the time of acquisition, and (unless issued by a Lender) not subject to offset rights; (cd) repurchase obligations with a term of not more than 30 days for underlying investments of the types described in clauses (a), (b) and (bc) entered into with any bank described meeting the qualifications specified in clause (bc); (de) Dollar denominated floating rate notes and foreign currency denominated floating rate notes, in each case maturing within 12 months of the date of acquisition and having a rating of at least A- from S&P or the equivalent thereof from Xxxxx’x; (f) commercial paper issued by Bank of the West, any Lender or rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x, and maturing within nine months of the date of acquisition; and (eg) shares of any money market fund that has substantially all of its assets invested continuously in the types of investments referred to above, has net assets of at least $500,000,000 1,000,000,000 and has a rating of at least A- from S&P or the highest rating obtainable equivalent thereof from either Xxxxx’x or S&P. Cash Management Services: any services provided from time to time by Bank of the West, any Lender or any of their respective Affiliates to any Borrower or Subsidiary in connection with operating, collections, payroll, trust, or other depository or disbursement accounts, including automated clearinghouse, e-payable, electronic funds transfer, wire transfer, controlled disbursement, overdraft, depository, information reporting, lockbox and stop payment services. CERCLA: the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. § 9601 et seqXxxxx’x.).

Cash Collateralize. the delivery of cash to Agent, as security for the payment of Obligations, in an amount equal to (a) with respect to LC Obligations, 105% of the aggregate LC Obligations, and (b) with respect to any inchoate, inchoate or contingent or other Obligations (including Secured Obligations arising under Bank Product Obligations, but excluding indemnification obligations which are either contingent or inchoate to the extent no claims giving rise thereto have been assertedProducts), Agent’s good faith, reasonable faith estimate of the amount that is due or could to become due, including all fees and other amounts relating to such Obligations. “Cash Collateralization” has a correlative meaning. Cash EquivalentsDominion Trigger Event — the occurrence of any of the following: (a) marketable obligations issued byAvailability falls below $30,000,000, or unconditionally (b) a Default or Event of Default. Cash Equivalents — as at any date, (a) securities issued or directly and fully guaranteed by, or insured by the United States government or any agency or instrumentality thereof and backed by (provided that the full faith and credit of the United States government, is pledged in each case maturing within 12 support thereof) having maturities of not more than twelve months of the date of acquisition; (b) certificates of deposit, time deposits and bankers’ acceptances maturing within 12 months of from the date of acquisition, (b) Dollar denominated time deposits and overnight certificates of deposit of (i) any Lender, (ii) any domestic commercial bank depositsof recognized standing having capital and surplus in excess of $500,000,000 or (iii) any bank whose short-term commercial paper rating from S&P is at least A-1 or the equivalent thereof or from Mxxxx’x is at least P-1 or the equivalent thereof (any such bank being an “Approved Bank”), in each case which are issued by Bank with maturities of not more than 270 days from the West, any Lender or a commercial bank organized under the laws date of the United States or any state or district thereof, rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x at the time of acquisition, acquisition and (unless issued by a Lender) not subject to offset rights; , (c) repurchase obligations with a respect to any Foreign Subsidiary, (1) time deposits and customary short term of not more than 30 days for underlying investments with one of the types described three largest banks doing business in clauses (a) the jurisdiction in which the Foreign Subsidiary is conducting business, and (b2) entered into with any bank described other short term investments customarily used by multinational corporations in clause (b); the country in which the Foreign Subsidiary is conducting business for the purpose of cash management, which investments have the preservation of capital as their primary objective, (d) commercial paper and variable or fixed rate notes issued by any Approved Bank of (or by the Westparent company thereof) or any variable rate notes issued by, or guaranteed by, any Lender or domestic corporation rated A-1 (or betterthe equivalent thereof) or better by S&P or P-1 (or betterthe equivalent thereof) or better by Xxxxx’x, Moody’s and maturing within nine six months of the date of acquisition; and , (e) shares repurchase agreements entered into by any Person with a bank or trust company (including any of any the Lenders) or recognized securities dealer having capital and surplus in excess of $500,000,000 for direct obligations issued by or fully guaranteed by the United States in which such Person shall have a perfected first priority security interest (subject to no other Liens) and having, on the date of purchase thereof, a fair market value of at least 100% of the amount of the repurchase obligations and (f) Investments, classified in accordance with GAAP as current assets, in money market fund that has substantially all investment programs registered under the Investment Company Act of its assets invested continuously in the types of investments referred 1940, as amended, which are not subject to above, has net assets offset and are administered by reputable financial institutions having capital of at least $500,000,000 and has the highest rating obtainable from either Xxxxx’x or S&P. portfolios of which are limited to Investments whose primary objective is the preservation of capital and whose investments are limited to “cash equivalents” as defined under GAAP. Cash Management Services: Services — any services provided from time to time by Bank of the West, any Lender America or any of their respective its Affiliates to any Borrower or Subsidiary in connection with operating, collections, payroll, trust, or other depository or disbursement accounts, including automated automatic clearinghouse, e-payablecontrolled disbursement, depository, electronic funds transfer, wire transfer, controlled disbursement, overdraft, depository, information reporting, lockbox and lockbox, stop payment payment, overdraft and/or wire transfer services. CERCLA: CERCLA — the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. § 9601 et seq.).

Cash Collateralize. the delivery of cash to Agent, as security for the payment of Obligations, in an amount equal to (a) with respect to LC Obligations, 105103% of the aggregate LC Obligations, and (b) with respect to any inchoate, contingent or other Obligations (including Secured Bank Product Obligations, but excluding indemnification obligations which are either contingent or inchoate to the extent no claims giving rise thereto have been asserted), Agent’s good faith, reasonable faith estimate of the amount that is due or could to become due, including all fees fees, expenses and other amounts relating to such Obligationsindemnification hereunder. “Cash Collateralization” has a correlative meaning. Cash Dominion Trigger Period: the period (a) commencing on any date in which a Specified Default or an Event of Default occurs or Specified Availability for three (3) consecutive Business Days is less than the greater of (i) $12,500,000 and (ii) 10% of the Commitments at such time and (b) continuing until the first date thereafter on which no Specified Default or Event of Default has existed for 30 consecutive days and Specified Availability has been at least the greater of (i) $12,500,000 and (ii) 10% of the Commitments at all times for 30 consecutive days. Cash Equivalents: (a) marketable direct obligations issued byof, or obligations the principal of and interest on which are unconditionally guaranteed by, the United States government of America (or by any agency or instrumentality thereof and to the extent such obligations are backed by the full faith and credit of the United States governmentof America), in each case maturing within 12 months of one year from the date of acquisitionissuance thereof; (b) investments in commercial paper maturing within 270 days from the date of issuance thereof and having, at such date of acquisition, the highest credit rating obtainable from Xxxxx’x or from S&P; (c) investments in certificates of deposit, banker’s acceptances and time deposits and bankers’ acceptances maturing within 12 months of one year from the date of acquisitionacquisition thereof issued or guaranteed by or placed with, and overnight bank depositsmoney market deposit accounts issued or offered by, in each case which are issued by Bank the Administrative Agent or any domestic office of the West, any Lender or a commercial bank organized under the laws of the United States of America or any state or district thereof, rated A-1 State thereof that has a combined capital and surplus and undivided profits at the date of acquisition thereof of not less than $500,000,000 and that issues (or betterthe parent of which issues) by S&P or P-1 commercial paper rated at least “Prime 1” (or betterthe then equivalent grade) by Xxxxx’x at or “A-1” (or the time of acquisition, and (unless issued then equivalent grade) by a Lender) not subject to offset rightsS&P; (cd) fully collateralized repurchase obligations agreements with a term of not more than 30 days for underlying securities described in clause (a) above and entered into with a financial institution satisfying the criteria of clause (c) above; and (e) investments in “money market funds” within the meaning of Rule 2a-7 of the Investment Company Act of 1940, as amended, substantially all of whose assets are invested in investments of the types type described in clauses (a) and (b) entered into with any bank described in clause (b); through (d) commercial paper issued by Bank of the West, any Lender or rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x, and maturing within nine months of the date of acquisition; and (e) shares of any money market fund that has substantially all of its assets invested continuously in the types of investments referred to above, has net assets of at least $500,000,000 and has the highest rating obtainable from either Xxxxx’x or S&P. Cash Management Services: any services provided from time to time by Bank of the West, any Lender or any of their respective Affiliates to any Borrower or Subsidiary in connection with operating, collections, payroll, trust, or other depository or disbursement accounts, including automated clearinghouse, e-payable, electronic funds transfer, wire transfer, controlled disbursement, overdraft, depository, information reporting, lockbox and stop payment services. CERCLA: the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. § 9601 et seq.).