Common use of Cash Collateralize Clause in Contracts

Cash Collateralize. the delivery of cash to Administrative 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), in an amount equal to Administrative Agent’s good faith estimate of the amount due or to become due, including fees, expenses and indemnification hereunder. “Cash Collateralization” has a correlative meaning. Cash Equivalents: (a) direct obligations of the United States or any agency thereof, or obligations guaranteed by the United States or any agency thereof, in each case maturing within one (1) year from the date of creation thereof; (b) deposits maturing within one (1) year from the date of creation thereof with, including certificates of deposit issued by, any Lender or any office located in the United States of any other bank or trust company which is organized under the laws of the United States or any state thereof, having capital, surplus and undivided profits aggregating at least $100,000,000 (as of the date of such bank or trust company’s most recent financial reports) and a short term deposit rating of no lower than A2 or P2, as such rating is set forth from time to time, by S&P or Xxxxx’x, respectively or, in the case of any Foreign Subsidiary, a bank organized in a jurisdiction in which the Foreign Subsidiary conducts operations having assets in excess of $500,000,000; (c) repurchase obligations of any Lender or of any commercial bank satisfying the requirements of clause (b) hereof, having a term of not more than 30 days with respect to securities issued or fully guaranteed or insured by the United States government; (d) commercial paper maturing within one year from the date of creation thereof rated in the highest grade by S&P or Xxxxx’x; (e) securities with maturities of six months or less from the date of acquisition backed by standby letters of credit issued by any Lender or any commercial bank satisfying the requirements of clause (b) hereof; (f) deposits in money market funds investing exclusively in Investments described in clauses (a) through (e) hereof; and (g) instruments equivalent to those referred to in clauses (a) through (f) above of comparable tenor to those referred to above, (i) denominated in Canadian dollars, pounds sterling, euros, the national currency of any participating member state of the European Union or, in the case of any Foreign Subsidiary, such local currencies held by it from time to time in the ordinary course of business, and (ii) used in the ordinary course of business of the Company and its Subsidiaries for cash management purposes in any jurisdiction outside the United States of America to the extent reasonably required or advisable in connection with any business conducted by the Company or any Subsidiary.

Cash Collateralize. the delivery of cash to Administrative 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), in an amount equal to Administrative Agent’s good faith estimate of the amount due or to become due, including fees, expenses and indemnification hereunder. “Cash Collateralization” has a correlative meaning. Cash Equivalents: (a) direct obligations of the United States or any agency thereof, or obligations guaranteed by the United States or any agency thereof, in each case maturing within one (1) year from the date of creation thereof; (b) deposits maturing within one (1) year from the date of creation thereof with, including certificates of deposit issued by, any Lender or any office located in the United States of any other bank or trust company which is organized under the laws of the United States or any state thereof, having has capital, surplus and undivided profits aggregating at least $100,000,000 (as of the date of such bank or trust company’s most recent financial reports) and has a short term deposit rating of no lower than A2 or P2, as such rating is set forth from time to time, by S&P or Xxxxx’x, respectively or, in the case of any Foreign Subsidiary, a bank organized in a jurisdiction in which the Foreign Subsidiary conducts operations having assets in excess of $500,000,000; (c) repurchase obligations of any Lender or of any commercial bank satisfying the requirements of clause (b) hereof, having a term of not more than 30 days with respect to securities issued or fully guaranteed or insured by the United States government; (d) commercial paper maturing within one year from the date of creation thereof rated in the highest grade by S&P or Xxxxx’x; (e) securities with maturities of six months or less from the date of acquisition backed by standby letters of credit issued by any Lender or any commercial bank satisfying the requirements of clause (b) hereof; and (f) deposits in money market funds investing exclusively in Investments described in clauses (a) through (e) hereof; . Cash Management Services: services relating to 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 (g) instruments equivalent to those referred to in clauses (a) through (f) above of comparable tenor to those referred to above, (i) denominated in Canadian dollars, pounds sterling, euros, the national currency of any participating member state of the European Union or, 42 U.S.C. § 9601 et seq.). CFC: as defined in the case definition of any “Foreign Subsidiary, such local currencies held by it from time to time in the ordinary course of business, and (ii) used in the ordinary course of business of the Company and its Subsidiaries for cash management purposes in any jurisdiction outside the United States of America to the extent reasonably required or advisable in connection with any business conducted by the Company or any Subsidiary”.

Cash Collateralize. the delivery of cash to Administrative Agent, as security for the payment of Obligations, in an amount equal to (ai) with respect to LC ObligationsLetter of Credit Outstandings, 105% of the aggregate LC ObligationsLetter of Credit Outstandings, and (b) with respect to any inchoate, contingent or other Obligations (including Secured Obligations arising under Bank Product ObligationsProducts), in an amount equal to Administrative Agent’s good faith estimate of the amount due or to become due, including fees, expenses all fees and indemnification hereunder. “Cash Collateralization” has a correlative meaningother amounts relating to such Obligations. Cash Equivalents: Equivalents - (ai) marketable direct obligations of the United States issued or any agency thereof, or obligations unconditionally guaranteed by the United States or any agency thereofgovernment and backed by the full faith and credit of the United States government having maturities of not more than 12 months from the date of acquisition; (ii) domestic certificates of deposit and time deposits having maturities of not more than 12 months from the date of acquisition, bankers’ acceptances having maturities of not more than 12 months from the date of acquisition and overnight bank deposits, in each case maturing within one (1) year from the date of creation thereof; (b) deposits maturing within one (1) year from the date of creation thereof with, including certificates of deposit issued by, by any Lender or any office located in the United States of any other commercial bank or trust company which is organized under the laws of the United States or States, any state thereofthereof or the District of Columbia, having capitalwhich at the time of acquisition are rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x, surplus and undivided profits aggregating at least $100,000,000 (as of the date unless issued by a Lender) not subject to offset rights in favor of such bank or trust company’s most recent financial reports) and a short term deposit rating of no lower than A2 or P2, as arising from any banking relationship with such rating is set forth from time to time, by S&P or Xxxxx’x, respectively or, in the case of any Foreign Subsidiary, a bank organized in a jurisdiction in which the Foreign Subsidiary conducts operations having assets in excess of $500,000,000bank; (ciii) repurchase obligations of any Lender or of any commercial bank satisfying the requirements of clause (b) hereof, having with a term of not more than 30 days for underlying securities of the types described in clauses (i) and (ii) entered into with respect to securities issued or fully guaranteed or insured by any financial institution meeting the United States governmentqualifications specified in clause (ii) above; and (div) commercial paper maturing within one year from having at the date time of creation thereof rated in the highest grade investment therein or a contractual commitment to invest therein a rating of A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x; (e) securities with maturities of six , and having a maturity within 9 months or less from after the date of acquisition backed by standby letters of credit issued thereof. Cash Management Services - any services provided from time to time by any Lender or any commercial bank satisfying of its 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 requirements Comprehensive Environmental Response Compensation and Liability Act, 42 U.S.C. § 9601 et seq. and its implementing regulations. Change of clause Control - the occurrence of any of the following events after the date of the Agreement: (a) any Person or group shall own beneficially (as defined in Rule 13d-3 of the SEC under the Exchange Act or any successor provision thereto) more than 50% of the aggregate Voting Power of SRC (other than an ownership by any Person or group who beneficially own in excess of 10% of the aggregate Voting Power of SRC on the date hereof; or (b) hereof; any “Change of Control,” “Change in Control” or similar event or circumstance, however defined or designated, under any agreement or document governing any Debt shall occur. Chattel Paper - shall have the meaning given to “chattel paper” in the UCC to the extent such meaning relates to Inventory or Accounts. Claims - any and all claims, demands, liabilities, obligations, losses, damages, penalties, actions, judgments, suits, awards, remedial response costs, expenses or disbursements of any kind or nature whatsoever (fincluding reasonable attorneys’, accountants’, consultants’ or paralegals’ fees and expenses), whether arising under or in connection with the Loan Documents, any Applicable Law (including any Environmental Laws) deposits or otherwise, that may now or hereafter be suffered or incurred by a Person and whether suffered or incurred in money market funds investing exclusively or as a result of any investigation, litigation, arbitration or other judicial or non-judicial proceeding or any appeals related thereto. Closing Date - the date on which all of the conditions precedent in Investments Section 10 of the Agreement are satisfied and the initial Loans are made under the Agreement. Code – the Internal Revenue Code of 1986. Collateral - all of the Property and interests in Property in which a security interest is granted in Sections 6.1 and 6.2 of the Agreement and all Property described in clauses (a) through (e) hereof; and (g) instruments equivalent to those referred to in clauses (a) through (f) above any of comparable tenor to those referred to above, the Security Documents as security for the payment or performance of any of the Obligations. Collateral Documentation Trigger Event - the earlier of (i) denominated in Canadian dollars, pounds sterling, euros, the national currency date on which Liquidity falls below the greater of any participating member state 30% of the European Union or, in the case aggregate Commitments or $22,500,000 and continues to remain below such amount on each date thereafter for a period of any Foreign Subsidiary, such local currencies held by it from time to time in the ordinary course of business, and thirty consecutive days or (ii) used in the ordinary course date an Event of business Default occurs; provided that, a Collateral Documentation Trigger Event shall occur immediately on the date on which Liquidity falls below the greater of 25% of the Company aggregate Commitments or $18,750,000 at any time. Collateral Perfection Trigger Event - the earlier of (i) the date on which Liquidity falls below the greater of 20% of the aggregate Commitments or $15,000,000 and its Subsidiaries continues to remain below such amount on each date thereafter for cash management purposes in any jurisdiction outside a period of five consecutive Business Days or (ii) the United States date an Event of America to the extent reasonably required or advisable in connection with any business conducted by the Company or any SubsidiaryDefault occurs.

Cash Collateralize. the delivery of cash to Administrative 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 any inchoate or contingent Secured Bank Product Obligations)) with respect to which a claim therefor has been asserted, in an amount equal to Administrative Agent’s good faith estimate of the amount due or to become due, including fees, expenses and indemnification hereunder. “Cash Collateralization” has a correlative meaning. Cash Equivalents: (a) marketable direct obligations issued by, or unconditionally guaranteed by, the United States or issued by any agency thereof and backed by the full faith and credit of the United States, in each case maturing within 1 year from the date of acquisition thereof, (b) marketable direct obligations issued or fully guaranteed by any state of the United States or any agency thereof, or obligations guaranteed by the United States political subdivision of any such state or any agency thereof, in each case public instrumentality thereof maturing within one (1) 1 year from the date of creation thereof; acquisition thereof and, at the time of acquisition, having one of the two highest ratings obtainable from either S&P or Moody’s, (bc) deposits commercial paper maturing within one (1) year no more than 270 days from the date of creation thereof withand, including at the time of acquisition, having a rating of at least A-1 from S&P or at least P-1 from Moody’s, (d) certificates of deposit deposit, time deposits, overnight bank deposits or bankers’ acceptances maturing within 1 year from the date of acquisition thereof issued by, by any Lender or any office located in the United States of any other bank or trust company which is organized under the laws of the United States or any state thereof, thereof or the District of Columbia or any United States branch of a foreign bank having capital, surplus and undivided profits aggregating at least $100,000,000 (as of the date of such acquisition thereof combined capital and surplus of not less than $250,000,000, (e) deposit accounts maintained with (i) any bank that satisfies the criteria described in clause (d) above, or trust company’s most recent financial reports(ii) and a short term deposit rating of no lower than A2 or P2, as such rating is set forth from time to time, by S&P or Xxxxx’x, respectively or, in the case of any Foreign Subsidiary, a other bank organized in a jurisdiction in which under the Foreign Subsidiary conducts operations having assets in excess laws of $500,000,000; the United States or any state thereof so long as the full amount maintained with any such other bank is insured by the Federal Deposit Insurance Corporation, (cf) repurchase obligations of any Lender or of any commercial bank satisfying the requirements of clause (bd) hereofof this definition or recognized securities dealer having combined capital and surplus of not less than $250,000,000, having a term of not more than 30 days seven days, with respect to securities issued satisfying the criteria in clauses (a) or fully guaranteed or insured by the United States government; (d) commercial paper maturing within one year from the date of creation thereof rated in the highest grade by S&P or Xxxxx’x; above, (eg) debt securities with maturities of six months or less from the date of acquisition backed by standby letters of credit issued by any Lender or any commercial bank satisfying the requirements of criteria described in clause (bd) hereof; above, and (fh) deposits investments in money market funds investing exclusively substantially all of whose assets are invested in Investments the types of assets described in clauses (a) through (e) hereof; and (g) instruments equivalent to those referred to in clauses (a) through (f) above of comparable tenor to those referred to above, (i) denominated in Canadian dollars, pounds sterling, euros, the national currency of any participating member state of the European Union or, in the case of any Foreign Subsidiary, such local currencies held by it from time to time in the ordinary course of business, and (ii) used in the ordinary course of business of the Company and its Subsidiaries for cash management purposes in any jurisdiction outside the United States of America to the extent reasonably required or advisable in connection with any business conducted by the Company or any Subsidiary.

Cash Collateralize. the delivery of cash to Administrative Agent, as security for the payment of Obligations, in an amount equal to (a) with respect to LC Obligations, 105103% of the aggregate such LC Obligations, and (b) with respect to any inchoate, contingent or other Obligations (including fees, expenses, indemnification obligations and Secured Bank Product Obligations), in an amount equal to Administrative Agent’s good faith estimate of the amount due or to become due, including fees, expenses and indemnification hereunder. “Cash Collateralization” has a correlative meaning. 57 Cash Equivalents: (a) direct marketable obligations of the United States issued or any agency thereofunconditionally guaranteed by, or obligations guaranteed and backed by the United States or any agency thereoffull faith and credit of, in each case the U.S. government, maturing within one (1) year from 24 months of the date of creation thereofacquisition; (b) time Deposit Accounts, certificates of deposit and money market deposits maturing within one (1) year from 180 days of the date of creation acquisition thereof with, including certificates issued by Bank of deposit issued by, any Lender America or any office located in the United States of any other a bank or trust company which that is organized under the laws of the United States or of America, any state thereof, or any foreign country recognized by the United States of America, having capital, surplus and undivided profits aggregating at least $100,000,000 (as of the date of such bank or trust company’s most recent financial reports) and a short term deposit rating of no lower than A2 or P2, as such rating is set forth from time to time, by S&P or Xxxxx’x, respectively or, in the case of any Foreign Subsidiary, a bank organized in a jurisdiction in which the Foreign Subsidiary conducts operations having assets in excess of $500,000,000250,000,000 and whose long-term debt, or whose parent holding company’s long-term debt, is rated A (or such similar equivalent rating or higher) by at least one nationally recognized statistical rating organization (as defined in Rule 436 under the Securities Act); (c) repurchase obligations of any Lender or of any commercial bank satisfying the requirements of clause (b) hereof, having with a term of not more than 30 180 days for underlying securities of the types described in clause (a) above entered into with respect to securities issued or fully guaranteed or insured by any bank meeting the United States governmentqualifications described in clause (b) above; (d) commercial paper issued by Bank of America or rated A-1 (or better) by S&P or P-1 (or better) by Xxxxx’x, and maturing within not more than one year from after the date of creation thereof rated in the highest grade by S&P or Xxxxx’xacquisition; (e) securities with maturities of six months two years or less from the date of acquisition backed by standby letters of credit issued or fully guaranteed by any Lender State, commonwealth or territory of the United States of America or by any commercial bank satisfying the requirements of clause (b) hereofpolitical subdivision or taxing authority thereof, and rated at least A by S&P or A-2 by Xxxxx’x; (f) deposits in money market shares of mutual funds investing exclusively in Investments described in whose investment guidelines restrict 95% of such funds’ investments to those satisfying the provisions of clauses (a) through (e) hereofabove; (g) money market funds that (i) comply with the criteria set forth in Rule 2a-7 under the Investment Company Act of 1940, (ii) are rated AAA by S&P and Aaa by Xxxxx’x and (iii) have portfolio assets of at least $500,000,000; and (gh) instruments equivalent to those referred to time Deposit Accounts, certificates of deposit and money market deposits in clauses (a) through (f) above an aggregate face amount not in excess of comparable tenor to those referred to above1/2 of 1% of Consolidated Total Assets, (i) denominated in Canadian dollars, pounds sterling, euros, the national currency of any participating member state as of the European Union or, in the case end of any Foreign Subsidiary, such local currencies held by it from time to time in the ordinary course of business, and (ii) used in the ordinary course of business of the Company and its Subsidiaries for cash management purposes in any jurisdiction outside the United States of America to the extent reasonably required or advisable in connection with any business conducted by the Company or any SubsidiaryBorrower’s most recently completed Fiscal Year.