Common use of Grant of Security Interest Clause in Contracts

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agent. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C Lenders, and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral and in all proceeds thereof, as security for the Obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations secured thereby, the Borrower or the relevant Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender).

Appears in 31 contracts

Samples: Credit Agreement (CrowdStrike Holdings, Inc.), Guarantee and Collateral Agreement (Fitbit Inc), Guarantee and Collateral Agreement (Organogenesis Holdings Inc.)

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Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.14(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 31 contracts

Samples: Credit Agreement (Innerworkings Inc), Assignment and Assumption (Sheridan Group Inc), Credit Agreement (Websense Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.15(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 26 contracts

Samples: Credit Agreement (BMC Software Inc), Credit Agreement (Mantech International Corp), Credit Agreement (Sonoco Products Co)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.16(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 10 contracts

Samples: Credit Agreement (American Assets Trust, Inc.), Credit Agreement (Lowes Companies Inc), Credit Agreement (Lowes Companies Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C Issuer and the Lenders, and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.14(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 10 contracts

Samples: Credit Agreement (NOODLES & Co), Credit Agreement (NOODLES & Co), Securities Purchase Agreement (NOODLES & Co)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer, and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts, and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c3.14(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect or in the amount of such third party rights or claims to any which the Cash Collateral provided by such Defaulting Lender)is subject, as applicable.

Appears in 8 contracts

Samples: Credit Agreement (Vail Resorts Inc), Credit Agreement (Vail Resorts Inc), Credit Agreement (Vail Resorts Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.17(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 8 contracts

Samples: Credit and Term Loan Agreement (DCT Industrial Trust Inc.), Credit Agreement (Agree Realty Corp), Credit Agreement (Harte Hanks Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuers and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.15(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure (after giving effect to Section 2.16(a)(iv)) and other Obligations obligations secured therebythereby (as identified at the time such Cash Collateral is provided), the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 8 contracts

Samples: Credit Agreement (Republic Services, Inc.), Credit Agreement (Republic Services, Inc.), Credit Agreement (Republic Services, Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.16(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 7 contracts

Samples: Credit Agreement (Pebblebrook Hotel Trust), Credit Agreement (Fresh Market, Inc.), Credit Agreement (Bellingham II Associates, L.L.C.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.15(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral unless provided by such the applicable Defaulting Lender).

Appears in 7 contracts

Samples: Credit Agreement (Cole Real Estate Investments, Inc.), Credit Agreement (Cole Credit Property Trust III, Inc.), Credit Agreement (Cole Corporate Income Trust, Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, interest or non-interest bearing (at the Company’s election) deposit accounts with the Administrative Agentat Bank of America. The BorrowerCompany, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.17(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower Company or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 7 contracts

Samples: Pledge and Security Agreement (Host Hotels & Resorts L.P.), Pledge and Security Agreement (Host Hotels & Resorts, Inc.), Pledge and Security Agreement (Host Hotels & Resorts L.P.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Xxxxx Fargo. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and Swingline Lender, the L/C Issuer and the Lenders, and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.14(c). If at any time the Administrative Agent determines in good faith that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 7 contracts

Samples: Revolving Credit Agreement (PBF Energy Inc.), Credit Agreement (Western Refining Logistics, LP), Revolving Credit Agreement (PBF Energy Co LLC)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing blocked deposit accounts with the Administrative Agentat Bank of America and may be invested in readily available Cash Equivalents at its sole discretion. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the relevant L/C LendersIssuers and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.17(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 7 contracts

Samples: Credit Agreement (CEB Inc.), Credit Agreement (Corporate Executive Board Co), Credit Agreement (Corporate Executive Board Co)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with at the Administrative Agent. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C Issuers and the Lenders, and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.15(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral unless provided by such the applicable Defaulting Lender).

Appears in 6 contracts

Samples: Credit Agreement (Cole Credit Property Trust Iv, Inc.), Credit Agreement (Cole Office & Industrial REIT (CCIT II), Inc.), Credit Agreement (Cim Real Estate Finance Trust, Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The BorrowerCompany, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuers and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.16(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured therebythereby (including by reason of exchange rate fluctuations), the Borrower Company or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 6 contracts

Samples: Credit Agreement (Stericycle Inc), Credit Agreement (Stericycle Inc), Credit Agreement (Stericycle Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with at the Administrative Agent. The Each Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuers and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.17(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person (other than the Administrative Agent or any Issuing Lender as herein provided), or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower Borrowers or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect deficiency. The Borrowers shall pay on demand therefor from time to any time all customary account opening, activity and other administrative fees and charges in connection with the maintenance and disbursement of Cash Collateral provided by such Defaulting Lender)Collateral.

Appears in 6 contracts

Samples: Credit Agreement (Casella Waste Systems Inc), Credit Agreement (Casella Waste Systems Inc), Credit Agreement (Casella Waste Systems Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with at a bank selected by the Administrative Agent. The Each Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.15(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower applicable Revolving Credit Borrowers or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 6 contracts

Samples: Credit Agreement (ACCO BRANDS Corp), Credit Agreement (ACCO BRANDS Corp), Credit Agreement (ACCO BRANDS Corp)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing blocked deposit accounts with the Administrative Agent, which accounts shall, if reasonably available, be interest-bearing accounts. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender Lenders and the L/C LendersLenders (including the Swingline Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and in all proceeds thereof, balances therein as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c)clause (c) below. If at any time the Administrative Agent Agent, any Issuing Lender or the Swingline Lender reasonably determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, any Issuing Lender or the Swingline Lender, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 6 contracts

Samples: Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc), Credit Agreement (Osi Systems Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agent. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender Lenders and the L/C Lenders, and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral and in all proceeds thereof, as security for the Obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105103% of the applicable L/C Exposure, Fronting Exposure and other Obligations secured thereby, the Borrower or the relevant Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender).

Appears in 5 contracts

Samples: Credit Agreement (Digi International Inc), Credit Agreement (Digi International Inc), Revolving Credit Agreement (Digi International Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agent. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersLenders (including the Swingline Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c)clause (b) below. If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 5 contracts

Samples: Credit Agreement (Hni Corp), Credit Agreement (Bravo Brio Restaurant Group, Inc.), Credit Agreement (Bravo Brio Restaurant Group, Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Revolving Lender, such Lender or Defaulting Revolving Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Revolving Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.14(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 5 contracts

Samples: Credit Agreement (Omega Healthcare Investors Inc), Credit Agreement (Omega Healthcare Investors Inc), Credit Agreement (Omega Healthcare Investors Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agent. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C Lenders, and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral and in all proceeds thereof, as security for the Obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105103% of the applicable L/C Exposure, Fronting Exposure and other Obligations secured thereby, the Borrower or the relevant Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender).

Appears in 5 contracts

Samples: Credit Agreement (Alarm.com Holdings, Inc.), Credit Agreement (Alarm.com Holdings, Inc.), Guarantee and Collateral Agreement (Accuray Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the applicable L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.15(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 5 contracts

Samples: Credit Agreement (TreeHouse Foods, Inc.), Credit Agreement (TreeHouse Foods, Inc.), Credit Agreement (TreeHouse Foods, Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with at the Administrative AgentL/C Issuer. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.17(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 5 contracts

Samples: Credit Agreement (Aar Corp), Credit Agreement (Aar Corp), Credit Agreement (Aar Corp)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The BorrowerCompany, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.15(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower Company or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 5 contracts

Samples: Credit Agreement (California Water Service Group), Credit Agreement (Buckeye Technologies Inc), Credit Agreement (Amerigon Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The BorrowerCompany, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C Issuer and the Lenders, and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.16(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured therebythereby (including by reason of exchange rate fluctuations), the Borrower Company or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 5 contracts

Samples: Credit Agreement, Credit Agreement (Tetra Tech Inc), Credit Agreement (Tetra Tech Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing blocked deposit or securities accounts with at the Administrative Agent. The BorrowerTo the extent provided by the Borrowers, the Borrowers, and to the extent provided by any Lender or Defaulting Revolving Lender, such Lender or Defaulting Revolving Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender Issuer and the L/C Revolving Lenders, and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit and securities accounts and all balances therein, and in all proceeds thereofof the foregoing, and to maintain such security interest as a first-priority security interest, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c)clause (c) below. If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower Borrowers or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon (but in any event within five Business Days) after demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 5 contracts

Samples: Credit Agreement (Unit Corp), Credit Agreement (Unit Corp), Credit Agreement (Unit Corp)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agent. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C Lenders, and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral and in all proceeds thereof, as security for the Obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations secured thereby, the Borrower or the relevant Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender).

Appears in 5 contracts

Samples: Credit Agreement (Ribbon Communications Inc.), Credit Agreement (Ribbon Communications Inc.), Credit Agreement (Ribbon Communications Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with at the Administrative Agent. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.15(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral unless provided by such the applicable Defaulting Lender).

Appears in 5 contracts

Samples: Credit Agreement (Cole Office & Industrial REIT (CCIT II), Inc.), Credit Agreement (Cole Credit Property Trust V, Inc.), Credit Agreement (Cole Office & Industrial REIT (CCIT II), Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C Issuer and the Lenders, and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.14(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender the L/C Issuer as herein providedprovided (other than Liens permitted under Section 8.01(m)), or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations secured therebyMinimum Collateral Amount, the Borrower or the relevant Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect deficiency. The Borrower shall pay on demand therefor from time to any time all customary account opening, activity and other administrative fees and charges in connection with the maintenance and disbursement of Cash Collateral provided by such Defaulting Lender)Collateral.

Appears in 4 contracts

Samples: Credit Agreement (Intl Fcstone Inc.), Credit Agreement (StoneX Group Inc.), Credit Agreement (StoneX Group Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agent. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C Issuers and, to the extent applicable, the Lenders, and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral and in all proceeds thereof, as security for the Obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.03(g)(iv). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein providedprovided which has priority over the Administrative Agent’s claim (other than Liens permitted pursuant to Section 7.01(c)), or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposureaggregate amount required by this Section 2.03, Fronting Exposure Section 2.05(c), Section 2.14(c), Section 2.16 and other Obligations secured thereby, the Borrower or the relevant Lender or Defaulting LenderSection 8.02, as applicable, willthe Borrower or, to the extent such Cash Collateral was provided by any Defaulting Lender, such Defaulting Lender, agrees to, promptly upon within one Business Day of written demand by the Administrative Agent, pay remit or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral then in the control of the Administrative Agent); provided that if any applicable Defaulting Lender fails to provide such additional Cash Collateral, the Borrower shall promptly within one Business Day of written demand by the Administrative Agent provide such Defaulting Lender)additional Cash Collateral.

Appears in 4 contracts

Samples: Credit Agreement (Enbridge Energy Partners Lp), Credit Agreement (Enbridge Energy Partners Lp), Credit Agreement

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The BorrowerCompany, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender Banks and the L/C LendersLenders (including the Swing Loan Banks), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral Collateral, including all cash, deposit accounts and balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c3.11(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower Company or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 4 contracts

Samples: Credit Agreement (Marriott International Inc /Md/), Credit Agreement (Marriott International Inc /Md/), Credit Agreement (Marriott International Inc /Md/)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with at the Administrative Agent. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender Banks and the L/C LendersLenders (including the Swingline Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c11.19(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 4 contracts

Samples: Credit Agreement (Nv Energy, Inc.), Credit Agreement (Nv Energy, Inc.), Credit Agreement (Nv Energy, Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The BorrowerBorrowers, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C Issuer and the Lenders (including the Swing Line Lenders), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.26(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender an L/C Issuer as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower Borrowers or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 4 contracts

Samples: Credit Agreement (Asbury Automotive Group Inc), Credit Agreement (Asbury Automotive Group Inc), Credit Agreement (Asbury Automotive Group Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender Agent and the L/C LendersLenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.15(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 4 contracts

Samples: Credit Agreement (Hunt J B Transport Services Inc), Credit Agreement (Hunt J B Transport Services Inc), Credit Agreement (Hunt J B Transport Services Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the each L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.17(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 4 contracts

Samples: Credit Agreement (Ross Stores, Inc.), Credit Agreement (Ross Stores Inc), Credit Agreement (Ross Stores Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Xxxxx Fargo. The BorrowerCompany, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuers and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant to this Agreement, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.16(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender for the benefit of the Administrative Agent, the L/C Issuers and the Lenders (including the Swing Line Lender) as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower Company or the relevant Lender or that is a Defaulting Lender, as applicable, Lender will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 4 contracts

Samples: Credit Agreement and Extension Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc), Credit Agreement (Mohawk Industries Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with at the Administrative Agent. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C Lenders, Issuers and the Lenders and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.15(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 4 contracts

Samples: Credit Agreement (Darden Restaurants Inc), Credit Agreement (Darden Restaurants Inc), Credit Agreement (Darden Restaurants Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender Letter of Credit Issuer and the L/C LendersLenders (including the Swingline Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c3.7(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 4 contracts

Samples: Credit Agreement (Intelsat S.A.), Credit Agreement (Intelsat S.A.), Credit Agreement (Intelsat S.A.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C Lenders, and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.17(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% the applicable Fronting Exposure of the applicable L/C Exposure, Fronting Exposure Issuing Lender (after giving effect to Section 2.16(a)(iv)) and other Obligations obligations secured therebythereby (as identified at the time such Cash Collateral is provided), the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 4 contracts

Samples: Credit Agreement (Reliance Steel & Aluminum Co), Credit Agreement (Reliance Steel & Aluminum Co), Credit Agreement (Reliance Steel & Aluminum Co)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agent. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the each L/C LendersIssuer and the Lenders (including the Swingline Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.14(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 4 contracts

Samples: Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc), Credit Agreement (Cincinnati Bell Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing blocked deposit accounts with the Administrative Agentat Bank of America. The BorrowerCompany, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C Issuer and the Lenders, and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.16(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender the L/C Issuer as herein providedprovided (other than Liens permitted under Section 8.01(j)), or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations secured therebyMinimum Collateral Amount, the Borrower Company or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency deficiency. The Company shall pay promptly, and in any event within thirty (after giving effect 30) days following written demand therefor from time to any time all reasonable and customary account opening, activity and other administrative fees and charges in connection with the maintenance and disbursement of Cash Collateral provided by such Defaulting Lender)Collateral.

Appears in 4 contracts

Samples: Credit Agreement (Flir Systems Inc), Credit Agreement (Flir Systems Inc), Credit Agreement (Flir Systems Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Xxxxx Fargo. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and Swingline Lender, the L/C Issuer and the Lenders, and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.14(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 4 contracts

Samples: Option Agreement and Permanent Easement Agreement (Antero Midstream Partners LP), Credit Agreement (Antero Resources Midstream LLC), Option Agreement and Permanent Easement Agreement (Antero Midstream Partners LP)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agent. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender Lenders and the L/C Lenders, and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral and in all proceeds thereof, as security for the Obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations secured thereby, the Borrower or the relevant Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender).

Appears in 4 contracts

Samples: Credit Agreement (Extreme Networks Inc), Guarantee and Collateral Agreement (Extreme Networks Inc), Credit Agreement (Extreme Networks Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The BorrowerCompany, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C Issuer and the Lenders, and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.15(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender the L/C Issuer as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower Company or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 4 contracts

Samples: Credit Agreement (Methode Electronics Inc), Credit Agreement (Methode Electronics Inc), Credit Agreement (Methode Electronics Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Each Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C Issuer and the Lenders, and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.14(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender the L/C Issuer as herein providedprovided (other than Liens permitted under Section 8.01(m)), or that the total amount of such Cash Collateral is less than 105% of the Minimum Collateral Amount, the applicable L/C Exposure, Fronting Exposure and other Obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 4 contracts

Samples: Credit Agreement (Cantel Medical Corp), Credit Agreement (Cantel Medical Corp), Credit Agreement (Cantel Medical Corp)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agent. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C Lenders, and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral and in all proceeds thereof, as security for the Obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations secured thereby, the Borrower or the relevant Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Lender or Defaulting Lender).

Appears in 3 contracts

Samples: Credit Agreement (Enfusion, Inc.), Credit Agreement (Enfusion, Inc.), Credit Agreement (Enfusion, Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with at the Administrative Agent. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender Agent and the L/C Lenders, Lenders (including the Swing Line Lender) and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.14(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Credit Agreement (Connecticut Light & Power Co), Credit Agreement (Public Service Co of New Hampshire), Credit Agreement (Public Service Co of New Hampshire)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Xxxxx Fargo. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuers and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.14(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Escrow Agreement (Vectren Utility Holdings Inc), Escrow Agreement (Vectren Corp), Credit Agreement (Vectren Utility Holdings Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.17(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Credit Agreement (Tanger Properties LTD Partnership /Nc/), Credit Agreement (Lydall Inc /De/), Credit Agreement (Tanger Properties LTD Partnership /Nc/)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest non‑interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C Issuers and the Lenders (including the Swing Line Lenders), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.16(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Credit Agreement (Alliant Techsystems Inc), Credit Agreement (Vista Outdoor Inc.), Credit Agreement (Vista Outdoor Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, noninterest-interest bearing deposit accounts with the Administrative Agentat Xxxxx Fargo. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuers and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.15(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon within five (5) Business Days after demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Credit Agreement (STAG Industrial, Inc.), Credit Agreement (STAG Industrial, Inc.), Credit Agreement (STAG Industrial, Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuers and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.14(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Escrow Agreement (Vectren Utility Holdings Inc), Credit Agreement (Vectren Utility Holdings Inc), Escrow Agreement (Vectren Corp)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agent. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender L/C Issuer and the L/C LendersIssuer, and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c3.1(h)(iii). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Credit Agreement (DoubleVerify Holdings, Inc.), Credit Agreement (DoubleVerify Holdings, Inc.), Credit Agreement (DoubleVerify Holdings, Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the at Administrative Agent. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender LC Issuer and the L/C LendersLenders (including Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.16(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Credit Agreement (Sundance Energy Australia LTD), Credit Agreement (Sundance Energy Australia LTD), Credit Agreement (Sundance Energy Australia LTD)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuers and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.15(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Credit Agreement (Global Geophysical Services Inc), Third Amendment and Restatement Agreement (Targa Resources Partners LP), Credit Agreement (Tri-State Generation & Transmission Association, Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with at the Administrative Agent. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C Lenders, Issuer and the Lenders (including the Swing Line Lender) and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.14(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Credit Agreement (Laboratory Corp of America Holdings), Credit Agreement (Laboratory Corp of America Holdings), Credit Agreement (Laboratory Corp of America Holdings)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with at the Administrative Agent. The BorrowerBorrowers and, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects subject to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the applicable Issuing Lender Banks and the L/C applicable Lenders (including the applicable Swingline Lenders), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral Collateral, deposit accounts and in all balances therein, and all other property so provided as collateral pursuant hereto, and all proceeds thereofof the foregoing, as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.15(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the Minimum Collateral Amount or, if applicable, the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower Borrowers or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Credit Agreement (NPC Restaurant Holdings, LLC), Credit Agreement (NPC Restaurant Holdings, LLC), Franchise Agreement (NPC Operating Co B, Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The BorrowerXxxxxxxxx, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.17(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower Xxxxxxxxx or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Credit Agreement (Carpenter Technology Corp), Credit Agreement (Carpenter Technology Corp), Credit Agreement (Carpenter Technology Corp)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with at Bank of America (the Administrative Agent“LC Collateral Accounts”). The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender Issuers and the L/C LendersLenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.22(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon written demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Credit Agreement (Great Plains Energy Inc), Credit Agreement (Great Plains Energy Inc), Credit Agreement (Great Plains Energy Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with at Bank of America. Each of the Administrative Agent. The BorrowerBorrowers, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersLenders (including the Swingline Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c3.16(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower Borrowers or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports LLC), Credit Agreement (Speedway Motorsports Inc)

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Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, noninterest-interest bearing deposit accounts with the Administrative Agentat Bank of America. The BorrowerCompany, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuers and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.16(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured therebythereby (including by reason of exchange rate fluctuations), the Borrower Company or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Credit Agreement (Avnet Inc), Credit Agreement (Avnet Inc), Credit Agreement (Avnet Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agent. The Each Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C Issuers and, to the extent applicable, the Lenders, and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral and in all proceeds thereof, as security for the Obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.03(g)(iv). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein providedprovided which has priority over the Administrative Agent’s claim (other than Liens permitted pursuant to Section 7.01(b)(iii)), or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposureaggregate amount required by this Section 2.03, Fronting Exposure Section 2.05(c), Section 2.14(c), Section 2.16 and other Obligations secured thereby, the Borrower or the relevant Lender or Defaulting LenderSection 8.02, as applicable, willeach Borrower or, to the extent such Cash Collateral was provided by any Defaulting Lender, such Defaulting Lender, agrees to, promptly upon within one Business Day of written demand by the Administrative Agent, pay remit or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral then in the control of the Administrative Agent); provided that if any applicable Defaulting Lender fails to provide such additional Cash Collateral, a Borrower shall promptly within one Business Day of written demand by the Administrative Agent provide such Defaulting Lender)additional Cash Collateral.

Appears in 3 contracts

Samples: Credit Agreement (Midcoast Energy Partners, L.P.), Security Agreement (Enbridge Energy Partners Lp), Security Agreement (Midcoast Energy Partners, L.P.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Xxxxx Fargo Bank. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants grant to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersLenders (including the Swingline Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c3.19(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Credit Agreement (Cree Inc), Credit Agreement (Cree, Inc.), Credit Agreement (Cree Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with at the Administrative Agent. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.15(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Credit Agreement (MSCI Inc.), Credit Agreement (MSCI Inc.), Credit Agreement (MSCI Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with at the Administrative Agent. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuers and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.16(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Credit Agreement (Oglethorpe Power Corp), Credit Agreement (Oglethorpe Power Corp), Credit Agreement (Oglethorpe Power Corp)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing blocked deposit accounts with the Administrative Agentat Xxxxx Fargo. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.14(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Credit Agreement (Marina District Finance Company, Inc.), Credit Agreement (Boyd Gaming Corp), Credit Agreement (Marina District Development Company, LLC)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with at Bank of America. Each of the Administrative Agent. The BorrowerBorrowers, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersLenders (including the Swingline Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c3.17(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower Borrowers or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Credit Agreement (New Hampshire Motor Speedway, Inc.), Credit Agreement (Speedway Motorsports Inc), Credit Agreement (Speedway Motorsports Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat PNC. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C Issuers and the Revolving Lenders (including the Swing Line Lenders), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.17(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Agree Realty Corp), Revolving Credit and Term Loan Agreement (Agree Realty Corp), Credit Agreement (Agree Realty Corp)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the at Administrative Agent, Collateral Agent or any Lender. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, Collateral Agent or such Lender, for the benefit of the Administrative Agent, the Issuing Lender LC Issuer and the L/C Lenders, and agrees to maintain, a first priority security interest and Lien in all such Cash cash, deposit accounts and all balances therein, and all other property so provided as Collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.16(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Credit Agreement (Mid-Con Energy Partners, LP), Credit Agreement (Mid-Con Energy Partners, LP), Credit Agreement (Mid-Con Energy Partners, LP)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agent. The BorrowerBorrowers, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender Bank and the L/C LendersLenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c)§5.13.3. If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower Borrowers or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Credit Agreement (Barnes Group Inc), Assignment and Assumption (Barnes Group Inc), Revolving Credit Agreement (Barnes Group Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with at the Administrative Agent pursuant to arrangement reasonably satisfactory to the Administrative Agent. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C Issuer and the Lenders, and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.15(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Revolving Credit Agreement (MSCI Inc.), Revolving Credit Agreement (MSCI Inc.), Revolving Credit Agreement (MSCI Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Revolving Lender, such Lender or Defaulting Revolving Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Revolving Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.16(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Credit Agreement (Sabra Health Care REIT, Inc.), Credit Agreement (Aviv Reit, Inc.), Credit Agreement (Aviv Reit, Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with at the Administrative Agent. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the each L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.15(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim Lien of any Person other than in favor of the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Credit Agreement (Wendy's Restaurants, LLC), Credit Agreement (Wendy's/Arby's Group, Inc.), Credit Agreement (Wendy's Co)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing blocked deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersLenders (including the Swingline Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property, if any, so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.23(c). If at any time the Administrative Agent reasonably determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Credit Agreement (National Financial Partners Corp), Credit Agreement (National Financial Partners Corp), Credit Agreement (National Financial Partners Corp)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Each Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.14(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower Borrowers or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 3 contracts

Samples: Credit Agreement (Kid Brands, Inc), Credit Agreement (Kid Brands, Inc), Credit Agreement (International Assets Holding Corp)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The BorrowerBorrowers, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants grant to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.17(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower Borrowers or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 2 contracts

Samples: Credit Agreement (Unifirst Corp), Credit Agreement (Tidewater Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.16(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 2 contracts

Samples: Credit Agreement (Micros Systems Inc), Credit Agreement (Micros Systems Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing blocked deposit accounts with at Xxxxx, which shall bear interest for the Administrative Agentaccount of the Borrower. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the each L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.10(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 2 contracts

Samples: Credit Agreement (Integrys Energy Group, Inc.), Five Year Credit Agreement (Integrys Energy Group, Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agent. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C Lenders, and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral and in all proceeds thereof, as security for the Obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations secured thereby, the Borrower or the relevant Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender).

Appears in 2 contracts

Samples: Credit Agreement (Ribbon Communications Inc.), Credit Agreement (Ribbon Communications Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The BorrowerBorrowers, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants grant to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuers and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant to Section 2.22(b), and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.22(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent Agent, or any Issuing Lender the applicable L/C Issuer or the Lenders (including the Swing Line Lender) as herein provided, or that the total amount of such Cash Collateral is less than 105103% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower Borrowers or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 2 contracts

Samples: Credit Agreement (Pacer International Inc), Credit Agreement (Pacer International Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with at the Administrative Agent. The Each Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender Agent and the L/C Lenders, Lenders (including the Swing Line Lender) and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.14(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the each Borrower or the relevant Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 2 contracts

Samples: Credit Agreement (Connecticut Light & Power Co), Credit Agreement (Public Service Co of New Hampshire)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The BorrowerCo-Borrowers, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.16(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower Co-Borrowers or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 2 contracts

Samples: Credit Agreement (Verisk Analytics, Inc.), Credit Agreement (Verisk Analytics, Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The BorrowerBorrowers, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender Banks and the L/C LendersLenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c)clause (iii) below. If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105103% of the applicable L/C Fronting Exposure, Fronting Exposure and other Obligations secured thereby, the Borrower Company or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 2 contracts

Samples: Senior Secured Revolving Facility Credit Agreement (Chemtura CORP), Senior Secured Revolving Facility Credit Agreement (Chemtura CORP)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with at a bank selected by the Borrower and reasonably acceptable to the Administrative Agent. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C Issuers and the Revolving Credit Lenders, and agrees to maintain, a first priority security interest and Lien in all such cash, deposit accounts and all balances therein, and all other property so provided as Cash Collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.15(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 2 contracts

Samples: Credit Agreement (Turning Point Brands, Inc.), Credit Agreement (Turning Point Brands, Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing (or interest bearing if the Agent so agrees) deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender Bank and the L/C LendersLenders (including the Swing Line Bank), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.15(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 2 contracts

Samples: Credit Agreement (CBIZ, Inc.), Credit Agreement (CBIZ, Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat SunTrust Bank. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.14(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 2 contracts

Samples: Credit Agreement (American Renal Associates Holdings, Inc.), Credit Agreement (American Renal Associates Holdings, Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.15(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 2 contracts

Samples: Credit Agreement (Granite Construction Inc), Credit Agreement (Granite Construction Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing a deposit accounts with the Administrative Agentat Bank of America. The BorrowerBorrowers, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the applicable Issuing Lender and the L/C LendersLenders (including the Euro Swingline Lender and the Swingline Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.36(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower Borrowers or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 2 contracts

Samples: Credit Agreement (Kennametal Inc), Credit Agreement (Kennametal Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing blocked deposit accounts with the Administrative Agentat Royal Bank of Canada. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.14(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 2 contracts

Samples: Credit Agreement (Keyw Holding Corp), Credit Agreement (Keyw Holding Corp)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agent. The BorrowerCompany, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender Lenders and the L/C Lenders, and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral Collateral, and in all proceeds thereofof such Cash Collateral, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.7(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any the Issuing Lender Lenders as herein providedprovided (other than Liens permitted by Section 11.2(d), (n) or (o)), or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations secured therebyMinimum Collateral Amount, the Borrower or the relevant Lender or Defaulting Lender, as applicable, Company will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any deficiency. All Cash Collateral provided by such Defaulting Lender)(other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts at Bank of America. The Company shall pay on demand therefor from time to time all customary account opening, activity and other administrative fees and charges in connection with the maintenance and disbursement of Cash Collateral.

Appears in 2 contracts

Samples: Credit Agreement (Standard Parking Corp), Credit Agreement (SP Plus Corp)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.16(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Fronting Exposure, Fronting Exposure and other Obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 2 contracts

Samples: Credit and Term Loan Agreement (Dividend Capital Diversified Property Fund Inc.), Credit Agreement (Dividend Capital Diversified Property Fund Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing blocked deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.17(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 2 contracts

Samples: Security Agreement (Gsi Group Inc), Credit Agreement (Gsi Group Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The BorrowerCompany, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing L/C Issuer and the Lenders (including the Swing Line Lender, the U.K. Swing Line Lender and the L/C LendersCanadian Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.16(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower Company or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 2 contracts

Samples: Credit Agreement (Navigant Consulting Inc), Credit Agreement (Navigant Consulting Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C Issuers and the Lenders (including the Swing Line Lenders), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.16(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 2 contracts

Samples: Credit Agreement (Vista Outdoor Inc.), Credit Agreement (Alliant Techsystems Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swingline Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.14(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 2 contracts

Samples: Credit Agreement (Dycom Industries Inc), Credit Agreement (Advance America, Cash Advance Centers, Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with at the Administrative Agent. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuers and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.15(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 2 contracts

Samples: Credit Agreement (Tri-State Generation & Transmission Association, Inc.), Credit Agreement (Tri-State Generation & Transmission Association, Inc.)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Xxxxx Fargo. The Borrower, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swingline Lender), and agrees to maintain, a first first-priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.15(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower (with respect to Fronting Exposure related to L/C Obligations only) or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 2 contracts

Samples: Credit Agreement (Meredith Corp), Credit Agreement (Meredith Corp)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) required to be maintained pursuant to this Agreement shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agentat Bank of America. The BorrowerCompany, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender and the L/C LendersIssuer and the Lenders (including the Swing Line Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c2.18(c). If at any time the Administrative Agent determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower Company or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 2 contracts

Samples: Credit Agreement (Equifax Inc), Credit Agreement (Equifax Inc)

Grant of Security Interest. All Cash Collateral (other than credit support not constituting funds subject to deposit) shall be maintained in blocked, non-interest bearing deposit accounts with the Administrative Agent. The BorrowerCompany, and to the extent provided by any Lender or Defaulting Lender, such Lender or Defaulting Lender, hereby grants to (and subjects to the control of) the Administrative Agent, for the benefit of the Administrative Agent, the Issuing Lender Lenders and the L/C LendersLenders (including the Swingline Lender), and agrees to maintain, a first priority security interest and Lien in all such Cash Collateral cash, deposit accounts and all balances therein, and all other property so provided as collateral pursuant hereto, and in all proceeds thereofof the foregoing, all as security for the Obligations obligations to which such Cash Collateral may be applied pursuant to Section 3.10(c)clause (c) below. If at any time the Administrative Agent Agent, Issuing Lender or Swingline Lender determines that Cash Collateral is subject to any right or claim of any Person other than the Administrative Agent or any Issuing Lender as herein provided, or that the total amount of such Cash Collateral is less than 105% of the applicable L/C Exposure, Fronting Exposure and other Obligations obligations secured thereby, the Borrower Company or the relevant Defaulting Lender or Defaulting Lender, as applicable, will, promptly upon demand by the Administrative Agent, Issuing Lender or Swingline Lender pay or provide to the Administrative Agent additional Cash Collateral in an amount sufficient to eliminate such deficiency (after giving effect to any Cash Collateral provided by such Defaulting Lender)deficiency.

Appears in 2 contracts

Samples: Credit Agreement (Universal Health Realty Income Trust), Credit Agreement (Universal Health Realty Income Trust)

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