Common use of Cash Sweep Clause in Contracts

Cash Sweep. (a) The Senior Collateral Agent shall immediately be entitled to deliver Cash Sweep Notices upon the conditions specified in Section 9.15(a) in the Senior Credit Agreement. (b) Upon delivery of: (i) a Blocked Account Cash Sweep Notice from the Senior Collateral Agent, the balance of each Blocked Account shall be forwarded to the Concentration Account, each Business Day or the next Business Day (as permitted by the applicable Blocked Account Agreement), in same day funds, for so long as such Blocked Account Cash Sweep Notice shall be in effect; and (ii) a Concentration Account Cash Sweep Notice from the Senior Collateral Agent, the balance of the Concentration Account shall be forwarded to a Citibank Concentration Account, each Business Day (or the next Business Day (as permitted by the Concentration Account Agreement)), in same day funds, for so long as such Concentration Account Cash Sweep Notice shall be in effect. (c) On each Business Day during a Cash Sweep Period, the Senior Collateral Agent shall use funds on deposit in any Citibank Concentration Account as follows: (i) after the occurrence of a Triggering Event, in accordance with the provisions of Section 4.01(a) of the Collateral Trust and Intercreditor Agreement, as applicable; and (ii) at any other time, first, to repay the Revolving Borrowings (without any Reduction of the Commitments) and second, to be deposited into the Cash Sweep Cash Collateral Account for the benefit of the Senior Secured Parties, as collateral for the payment and performance of the Senior Obligations. The Senior Collateral Agent shall have exclusive dominion and control, including the exclusive right of withdrawal, over the Cash Sweep Cash Collateral Account. Deposits in the Cash Sweep Cash Collateral Account shall be invested in Permitted Investments, to be selected by the Senior Collateral Agent in their sole discretion, and interest earned on such deposits shall be deposited in such account as additional collateral for the payment and performance of the Senior Obligations. Interest or profits, if any, on such investments shall accumulate in such account. Upon termination of any Cash Sweep Period, funds in the Cash Sweep Cash Collateral Account shall be released to the Concentration Account within three Business Days after the end of such Cash Sweep Period. (d) The Senior Collateral Agent shall be required to automatically rescind any Cash Sweep Notice upon the conditions specified in Section 9.15(b) of the Senior Credit Agreement. (e) The Senior Collateral Agent reserves the right to send as many Cash Sweep Notices to the extent that it is entitled to do so under paragraph (a) of this Section 2.

Appears in 1 contract

Sources: Senior Subsidiary Security Agreement (Rite Aid Corp)

Cash Sweep. (a) The Senior Collateral Agent shall immediately be entitled to deliver Cash Sweep Notices upon the conditions specified in Section 9.15(a) in the Senior Credit Agreement. (b) Upon delivery of: (i) a Blocked Account If an Event of Default occurs and continues to exist at any time prior to the Third Extended Maturity Date (the “Cash Sweep Notice from Trigger”), the Senior Borrowers shall (i) establish a cash collateral account in the name of the Borrowers and subject to the provisions set forth below (a “Cash Collateral Account”) and (ii) cause to be delivered to the Administrative Agent 100% of the monthly Cash Sweep Amount, if any, by depositing such funds directly into the Cash Collateral Account. Such monthly payments of Cash Sweep Amount shall be deposited for each month on or before the 15th day of the succeeding month after the Cash Sweep Trigger (the “Sweep Date”). During the period beginning on the Cash Sweep Trigger and ending on the applicable Cash Sweep Termination Date, the Borrowers shall deliver to the Administrative Agent on or before each Sweep Date, a detailed calculation of the Cash Sweep Amount for such month in a form reasonably satisfactory to the Administrative Agent, the balance of each Blocked Account shall be forwarded together with an income statement, operating statement, rent roll, and such other supporting statements, information and documentation with respect to the Concentration Account, each Business Day or Mall that such Person may reasonably request to verify the next Business Day (as permitted by Borrowers’ calculation of the applicable Blocked Account Agreement), in same day funds, for so long as such Blocked Account Cash Sweep Notice shall be in effect; andAmount. (ii) The Borrowers shall maintain a Concentration Account Cash Sweep Notice from the Senior Collateral Agent, the balance of the Concentration Account shall be forwarded to a Citibank Concentration Account, each Business Day (or the next Business Day (as permitted by the Concentration Account Agreement)), in same day funds, for so long as such Concentration Account Cash Sweep Notice shall be in effect. (c) On each Business Day during a Cash Sweep Period, the Senior Collateral Agent shall use funds on deposit in any Citibank Concentration Account as follows: (i) after the occurrence of a Triggering Event, in accordance with the provisions of Section 4.01(a) of the Collateral Trust and Intercreditor Agreement, as applicable; and (ii) at any other time, first, to repay the Revolving Borrowings (without any Reduction of the Commitments) and second, to be deposited into the Cash Sweep Cash Collateral Account for the benefit of the Senior Secured Parties, as collateral for the payment and performance of the Senior Obligations. The Senior Collateral Agent shall have exclusive dominion and control, including the exclusive right of withdrawal, over the Cash Sweep at all times when this Agreement requires a Cash Collateral Account. Deposits All interest (if any) earned on sums on deposit in the Cash Sweep Cash Collateral Account shall be invested in Permitted Investments, credited to be selected by the Senior Collateral Agent in their sole discretion, and interest earned on such deposits shall be deposited in such account as additional collateral for the payment and performance of the Senior Obligations. Interest or profits, if any, on such investments shall accumulate in such account. Upon termination The Borrowers agree that it shall include all interest and earnings on any such deposit as its income (and, if either Borrower is a partnership or other pass-through entity, the income of any Cash Sweep Periodits partners, members or beneficiaries, as the case may be), and shall be the owner of all funds on deposit in the Cash Collateral Account for federal and applicable state and local tax purposes. Following a Cash Sweep Trigger, the Borrowers shall only be permitted to withdraw funds from the Cash Collateral Account at such time as the Administrative Agent have confirmed in writing that the Cash Sweep Termination Date has occurred. The Borrowers hereby assign, pledge, and grant to the Administrative Agent, a first-priority security interest in and lien on the Cash Collateral Account and all amounts from time to time held in or credited to the Cash Collateral Account, and any proceeds thereof, as security for the Obligations. The Administrative Agent shall have all of the rights and remedies of a secured party under the Uniform Commercial Code of the State of New York with respect to each Cash Collateral Account and the funds from time to time held therein. Subject to the terms and conditions of this Section and the other provisions of the Loan Documents, the Cash Collateral Account shall be released subject to the Concentration sole dominion, control and discretion of the Administrative Agent, but the Administrative Agent shall have no fiduciary duty with respect to such account or any funds on deposit therein. All funds in the Cash Collateral Account within three Business Days after shall be used in compliance with the end terms, covenants, conditions and provisions of such this Agreement. Under no circumstance may funds be withdrawn from the Cash Sweep PeriodCollateral Account without the prior written consent of the Administrative Agent and if funds are withdrawn from the Cash Collateral Account in a larger amount than is approved by the Administrative Agent, the Borrowers shall promptly return the excess to the Cash Collateral Account upon request by the Administrative Agent. (diii) The Senior Collateral On the Sweep Date, the Administrative Agent shall be required withdraw and apply any funds held in a Cash Collateral Account to automatically rescind any Cash Sweep Notice upon the conditions specified in Section 9.15(b) prepayment of the Senior Credit AgreementObligations. (eiv) The Senior Collateral Agent reserves the right to send as many occurrence of a Cash Sweep Notices Termination Date and the release of funds to the extent that it is entitled Borrowers in connection therewith shall not, in any case, preclude the application of the cash sweep provisions set forth herein with respect to do so under paragraph any subsequent Cash Sweep Trigger. (av) of this Section 2.For purposes hereof:

Appears in 1 contract

Sources: Senior Secured Term Loan Agreement (Washington Prime Group, L.P.)

Cash Sweep. (a) The Senior Collateral Agent shall immediately be entitled to deliver Cash Sweep Notices upon the conditions specified in Section 9.15(a) in the Senior Credit Agreement. (b) Upon delivery of: : (i) a Blocked Account Cash Sweep Notice from the Senior Collateral Agent, the balance of each Blocked Account shall be forwarded to the Concentration Account, each Business Day or the next Business Day (as permitted by the applicable Blocked Account Agreement), in same day funds, for so long as such Blocked Account Cash Sweep Notice shall be in effect; and and (ii) a Concentration Account Cash Sweep Notice from the Senior Collateral Agent, the balance of the Concentration Account shall be forwarded to a Citibank Concentration Account, each Business Day (or the next Business Day (as permitted by the Concentration Account Agreement)), in same day funds, for so long as such Concentration Account Cash Sweep Notice shall be in effect. (c) On each Business Day during a Cash Sweep Period, the Senior Collateral Agent shall use funds on deposit in any Citibank Concentration Account as follows: : (i) after the occurrence of a Triggering Event, in accordance with the provisions of Section 4.01(a) of the Collateral Trust and Intercreditor Agreement, as applicable; and and (ii) at any other time, first, to repay the Revolving Borrowings (without any Reduction of the Commitments) and second, to be deposited into the Cash Sweep Cash Collateral Account for the benefit of the Senior Secured Parties, as collateral for the payment and performance of the Senior Obligations. The 2 Senior Collateral Agent shall have exclusive dominion and control, including the exclusive right of withdrawal, over the Cash Sweep Cash Collateral Account. Deposits in the Cash Sweep Cash Collateral Account shall be invested in Permitted Investments, to be selected by the Senior Collateral Agent in their sole discretion, and interest earned on such deposits shall be deposited in such account as additional collateral for the payment and performance of the Senior Obligations. Interest or profits, if any, on such investments shall accumulate in such account. Upon termination of any Cash Sweep Period, funds in the Cash Sweep Cash Collateral Account shall be released to the Concentration Account within three Business Days after the end of such Cash Sweep Period. (d) The Senior Collateral Agent shall be required to automatically rescind any Cash Sweep Notice upon the conditions specified in Section 9.15(b) of the Senior Credit Agreement. (e) The Senior Collateral Agent reserves the right to send as many Cash Sweep Notices to the extent that it is entitled to do so under paragraph (a) of this Section 2. SECTION 10.

Appears in 1 contract

Sources: Senior Security Agreement

Cash Sweep. The Borrower may use any amount standing to the credit of the Cash Trap Account to fund lease up and lease renewal expenses (afor example, tenants improvements, leasing commissions) The Senior Collateral Agent shall immediately be entitled to deliver Cash Sweep Notices upon the conditions specified in Section 9.15(a) in the Senior Credit Agreement. (b) Upon delivery of: extent such expenses are – as to scope, contents and timing – either (i) a Blocked Account Cash Sweep Notice from in line with the Senior Collateral Agent, Business Plan agreed with the balance of each Blocked Account shall be forwarded to the Concentration Account, each Business Day Lender or the next Business Day (as permitted by the applicable Blocked Account Agreement), in same day funds, for so long as such Blocked Account Cash Sweep Notice shall be in effect; and (ii) if not foreseen in the Business Plan, pre-agreed with the Lender, or (iii) if not pre-agreed with the Lender, in line with market standards (which shall mean, inter alios, with respect to tenant improvements expenses up to an amount of EUR 500 per sqm in relation to the space to be re-let, and with respect to leasing commissions any reasonable broker commissions (Maklergebühren) which are incurred at arm’s length). The Lender shall be authorised at any time to use the money on the Cash Trap Account to repay the Loan, should a Concentration Cash Trap Event exist on two successive Test Dates. Any non-compliance with the ISCR Level or LTV on a Test Date shall be disregarded, if the ISCR Level or LTV has been cured by making the Cure Payment in relation to such financial covenant within the Cure Period. If on two successive Test Dates, a Cash Trap Event no longer exists (i.e. the ISCR Level and LTV are being complied with (for the avoidance of doubt, if the LTV or ISCR has been cured on a Test Date, this Test Date shall not be taken into account in calculating the two successive Test Dates) and there is no Event of Default or Potential Event of Default which is continuing), amounts standing to the credit of the Cash Trap Account Cash Sweep Notice shall be, within five Business Days from the Senior Collateral Agent, day the balance absence of a Cash Trap Event has been evidenced to the satisfaction of the Concentration Account shall be forwarded Lender, transferred to the Rent Receipt Account. Any authorization to dispose of a Citibank Concentration Bank Account, each Business Day (or the next Business Day (as permitted which has been revoked by the Concentration Account Agreement)), in same day funds, for so long as such Concentration Account Cash Sweep Notice shall be in effect. (c) On each Business Day during a Cash Sweep Period, Lender on the Senior Collateral Agent shall use funds on deposit in any Citibank Concentration Account as follows: (i) after ground of the occurrence of a Triggering Cash Trap Event, in accordance with shall be deemed re-instated upon the provisions transfer of Section 4.01(a) of amounts to the Collateral Trust and Intercreditor Agreement, Rent Receipt Account as applicable; and (ii) at any other time, first, to repay the Revolving Borrowings (without any Reduction of the Commitments) and second, to be deposited into the Cash Sweep Cash Collateral Account provided for the benefit of the Senior Secured Parties, as collateral for the payment and performance of the Senior Obligations. The Senior Collateral Agent shall have exclusive dominion and control, including the exclusive right of withdrawal, over the Cash Sweep Cash Collateral Account. Deposits in the Cash Sweep Cash Collateral Account shall be invested in Permitted Investments, to be selected by the Senior Collateral Agent in their sole discretion, and interest earned on such deposits shall be deposited in such account as additional collateral for the payment and performance of the Senior Obligationsprevious sentence. Interest or profits, if any, on such investments shall accumulate in such account. Upon termination of any Cash Sweep Period, funds in the Cash Sweep Cash Collateral Account shall be released to the Concentration Account within three Business Days after the end of such Cash Sweep Period. (d) The Senior Collateral Agent shall be required to automatically rescind any Cash Sweep Notice upon the conditions specified in Section 9.15(b) of the Senior Credit Agreement. (e) The Senior Collateral Agent reserves the right to send as many Cash Sweep Notices to the extent that it is entitled to do so under paragraph (a) of this Section 2.54

Appears in 1 contract

Sources: Loan Agreement

Cash Sweep. (a) The Senior Collateral Agent Agents shall immediately be entitled to deliver Cash Sweep Notices upon the conditions specified in Section 9.15(a) in the Senior Credit Agreement. (b) Upon delivery of: (i) a Blocked Account Cash Sweep Notice from the Senior Collateral AgentAgents, the balance of each Blocked Account shall be forwarded to the Concentration Account, each Business Day or the next Business Day (as permitted by the applicable Blocked Account Agreement), in same day funds, for so long as such Blocked Account Cash Sweep Notice shall be in effect; and (ii) a Concentration Account Cash Sweep Notice from the Senior Collateral AgentAgents, the balance of the Concentration Account shall be forwarded to a Citibank Concentration Account, each Business Day (or the next Business Day (as permitted by the Concentration Account Agreement)), in same day funds, for so long as such Concentration Account Cash Sweep Notice shall be in effect. (c) On each Business Day during a Cash Sweep Period, the Senior Collateral Agent Agents shall use funds on deposit in any Citibank Concentration Account as follows: (i) after the occurrence of a Triggering Event, in accordance with the provisions of Section 4.01(a) of the Collateral Trust and Intercreditor Agreement, as applicable; and (ii) at any other time, first, to repay the Revolving Borrowings (without any Reduction of the Commitments) and second, to be deposited into the Cash Sweep Cash Collateral Account for the benefit of the Senior Secured Parties, as collateral for the payment and performance of the Senior Obligations. The Senior Collateral Agent Agents shall have exclusive dominion and control, including the exclusive right of withdrawal, over the Cash Sweep Cash Collateral Account. Deposits in the Cash Sweep Cash Collateral Account shall be invested in Permitted Investments, to be selected by the Senior Collateral Agent Agents in their sole discretion, and interest earned on such deposits shall be deposited in such account as additional collateral for the payment and performance of the Senior Obligations. Interest or profits, if any, on such investments shall accumulate in such account. Upon termination of any Cash Sweep Period, funds in the Cash Sweep Cash Collateral Account shall be released to the Concentration Account within three Business Days after the end of such Cash Sweep Period. (d) The Senior Collateral Agent Agents shall be required to automatically rescind any Cash Sweep Notice upon the conditions specified in Section 9.15(b) of the Senior Credit Agreement. (e) The Senior Collateral Agent reserves Agents reserve the right to send as many Cash Sweep Notices to the extent that it is they are entitled to do so under paragraph (a) of this Section 2.

Appears in 1 contract

Sources: Senior Subsidiary Security Agreement (Rite Aid Corp)

Cash Sweep. The Borrower may use any amount standing to the credit of the Cash Trap Account to fund lease up and lease renewal expenses (afor example, tenants improvements, leasing commissions) The Senior Collateral Agent shall immediately be entitled to deliver Cash Sweep Notices upon the conditions specified in Section 9.15(a) in the Senior Credit Agreement. (b) Upon delivery of: extent such expenses are – as to scope, contents and timing – either (i) a Blocked Account Cash Sweep Notice from in line with the Senior Collateral Agent, Business Plan agreed with the balance of each Blocked Account shall be forwarded to the Concentration Account, each Business Day Lender or the next Business Day (as permitted by the applicable Blocked Account Agreement), in same day funds, for so long as such Blocked Account Cash Sweep Notice shall be in effect; and (ii) if not foreseen in the Business Plan, pre-agreed with the Lender, or (iii) if not pre-agreed with the Lender, in line with market standards (which shall mean, inter alios, with respect to tenant improvements expenses up to an amount of EUR 500 per sqm in relation to the space to be re-let, and with respect to leasing commissions any reasonable broker commissions (Maklergebühren) which are incurred at arm’s length). The Lender shall be authorised at any time to use the money on the Cash Trap Account to repay the Loan, should a Concentration Cash Trap Event exist on two successive Test Dates. Any non-compliance with the ISCR Level or LTV on a Test Date shall be disregarded, if the ISCR Level or LTV has been cured by making the Cure Payment in relation to such financial covenant within the Cure Period. If on two successive Test Dates, a Cash Trap Event no longer exists (i.e. the ISCR Level and LTV are being complied with (for the avoidance of doubt, if the LTV or ISCR has been cured on a Test Date, this Test Date shall not be taken into account in calculating the two successive Test Dates) and there is no Event of Default or Potential Event of Default which is continuing), amounts standing to the credit of the Cash Trap Account Cash Sweep Notice shall be, within five Business Days from the Senior Collateral Agent, day the balance absence of a Cash Trap Event has been evidenced to the satisfaction of the Concentration Account shall be forwarded Lender, transferred to the Rent Receipt Account. Any authorization to dispose of a Citibank Concentration Bank Account, each Business Day (or the next Business Day (as permitted which has been revoked by the Concentration Account Agreement)), in same day funds, for so long as such Concentration Account Cash Sweep Notice shall be in effect. (c) On each Business Day during a Cash Sweep Period, Lender on the Senior Collateral Agent shall use funds on deposit in any Citibank Concentration Account as follows: (i) after ground of the occurrence of a Triggering Cash Trap Event, in accordance with shall be deemed re-instated upon the provisions transfer of Section 4.01(a) of amounts to the Collateral Trust and Intercreditor Agreement, Rent Receipt Account as applicable; and (ii) at any other time, first, to repay the Revolving Borrowings (without any Reduction of the Commitments) and second, to be deposited into the Cash Sweep Cash Collateral Account provided for the benefit of the Senior Secured Parties, as collateral for the payment and performance of the Senior Obligations. The Senior Collateral Agent shall have exclusive dominion and control, including the exclusive right of withdrawal, over the Cash Sweep Cash Collateral Account. Deposits in the Cash Sweep Cash Collateral Account shall be invested in Permitted Investments, to be selected by the Senior Collateral Agent in their sole discretion, and interest earned on such deposits shall be deposited in such account as additional collateral for the payment and performance of the Senior Obligations. Interest or profits, if any, on such investments shall accumulate in such account. Upon termination of any Cash Sweep Period, funds in the Cash Sweep Cash Collateral Account shall be released to the Concentration Account within three Business Days after the end of such Cash Sweep Periodprevious sentence. (d) The Senior Collateral Agent shall be required to automatically rescind any Cash Sweep Notice upon the conditions specified in Section 9.15(b) of the Senior Credit Agreement. (e) The Senior Collateral Agent reserves the right to send as many Cash Sweep Notices to the extent that it is entitled to do so under paragraph (a) of this Section 2.

Appears in 1 contract

Sources: Loan Agreement (NorthStar Realty Europe Corp.)

Cash Sweep. (a) Cowen may, in its discretion, pay interest on any Cash Balances awaiting investment. Cowen may permit the Customer to invest or place available Cash Balances over certain minimum amounts to be swept or automatically invested, either weekly or daily, depending on the amount of the Cash Balance and according to a periodic sweep schedule determined by Cowen in its discretion, in money market funds (“MMF Sweep Product”), FDIC-insured bank deposit accounts (such banks, “Program Bank”, and any such investment, the “Bank Sweep Product”) or such other accounts or arrangements as Cowen may make available to the Customer (together with Cash Balance, each a “Sweep Product” and collectively, the “Sweep Options”). The Senior Collateral Agent shall immediately be entitled Customer understands that account statements will reflect the payment of interest on any Cash Balance and all sweep transactions (including purchases, redemptions, dividends and dividend reinvestments). These account statements are provided in lieu of separate confirmations of sweep transactions. Cowen may change or replace the Sweep Options available to deliver Cash Sweep Notices upon the conditions specified in Section 9.15(a) in the Senior Credit AgreementCustomer at its discretion. (b) Upon delivery of: Cowen will provide the Customer advance notice of any such change in Sweep Options as may be required by Applicable Law. With respect to any proposed change in the Customer’s Sweep Option, change in available Sweep Options or change in the terms of a Sweep Option (i) such as a Blocked Account Cash Sweep Notice transfer of the Customer’s interest from one money market fund to another money market fund, or from one FDIC-insured bank deposit account to a deposit account at another FDIC-insured bank), Cowen will provide the Senior Collateral AgentCustomer with 30 days’ advance written notice that will describe, as applicable, the balance changes to the terms and conditions of the Sweep Product, changes to any option within such Sweep Product and any change to the available Sweep Options, along with any change of the Customer’s investment from one Sweep Product to another. This notice will also describe the new terms and conditions of the Sweep Product or the new Sweep Option, and the Sweep Options available to the Customer if the Customer does not accept the new terms and conditions or option. Unless the Customer notifies Cowen of an objection to any such change, the Customer authorizes Cowen to withdraw cash or redeem securities maintained in the prior Sweep Option and to invest or place the proceeds in the replacement Sweep Option. The Customer understands that the Customer will be bound by the terms and conditions for the Sweep Option that is associated with each Blocked Account. In addition, the Customer understands that different Sweep Options may be offered by Cowen in connection with various accounts, services and products. If the Customer decides to enroll an Account in a new service with different available Sweep Options, then, absent the Customer’s affirmative election of a particular Sweep Option available under this new service, the Customer authorizes Cowen to withdraw cash or redeem securities maintained in the prior Sweep Option for the Account and to reinvest or place the proceeds in the new Sweep Option. The Customer shall be forwarded responsible for any investment losses associated with the Customer’s decision to enroll an Account in a new service with a different Sweep Option or changes to a Sweep Option for which the Concentration Account, each Business Day Customer does not make an affirmative election or for which the next Business Day (as permitted by the applicable Blocked Account Agreement), in same day funds, for so long as such Blocked Account Cash Sweep Notice shall be in effect; and (ii) a Concentration Account Cash Sweep Notice from the Senior Collateral Agent, the balance Customer does not notify Cowen of the Concentration Account shall be forwarded to a Citibank Concentration Account, each Business Day (or the next Business Day (as permitted by the Concentration Account Agreement)), in same day funds, for so long as such Concentration Account Cash Sweep Notice shall be in effectCustomer’s objection. (c) On each Business Day during The Customer may change its selection among the products available in a Cash Sweep PeriodProduct, or the Senior Collateral Agent shall use funds on deposit Customer may elect, subject to any limitation set forth in any Citibank Concentration Account as follows: Sweep Product agreement or, where applicable, under federal banking laws (iwhich includes, without limitation, Program Banks’ potential requirement of seven days’ notice before permitting a withdrawal or transfer of funds from an account) after that the occurrence of a Triggering Event, balance in accordance with the provisions of Section 4.01(a) bank deposit account be returned or the shares of the Collateral Trust money market mutual fund be liquidated and Intercreditor Agreementthe proceeds returned, as applicable; and (ii) , to the Account or remitted to the Customer. With respect to any Cash Balance that the Customer opts to have automatically transferred to an account at a bank via the Bank Sweep Product, the Customer agrees that it is responsible for monitoring the balance of the Customer’s Bank Sweep Product accounts deposited with the Program Banks to determine whether the Customer has total deposit balances held in the same capacity at any other time, first, to repay the Revolving Borrowings (without any Reduction Program Bank in excess of the Commitments) and second, to be deposited into the Cash Sweep Cash Collateral Account for the benefit of the Senior Secured Parties, as collateral for the payment and performance of the Senior Obligations. The Senior Collateral Agent shall have exclusive dominion and control, including the exclusive right of withdrawal, over the Cash Sweep Cash Collateral Account. Deposits in the Cash Sweep Cash Collateral Account shall be invested in Permitted Investments, to be selected by the Senior Collateral Agent in their sole discretion, and interest earned on such deposits shall be deposited in such account as additional collateral for the payment and performance of the Senior Obligations. Interest or profits, if any, on such investments shall accumulate in such account. Upon termination of any Cash Sweep Period, funds in the Cash Sweep Cash Collateral Account shall be released to the Concentration Account within three Business Days after the end of such Cash Sweep Period$250,000 FDIC deposit insurance limit. (d) The Senior Collateral Agent shall be required to automatically rescind any Cash Sweep Notice upon the conditions specified Balances are insured by SIPC as described in Section 9.15(b) of 20. Bank Sweep Products are insured by the Senior Credit Agreement. (e) The Senior Collateral Agent reserves the right to send as many Cash Sweep Notices FDIC up to the extent applicable limit, but are not insured by SIPC or obligations of Cowen. Money market funds are securities that it is entitled to do so under paragraph (a) of this Section 2may increase or decrease in value. They are not insured or guaranteed by the FDIC, any other government agency, Cowen or Program Bank, and there can be no assurance that such funds will maintain their net asset value.

Appears in 1 contract

Sources: Customer Account Agreement (Artisan Partners Funds Inc)