Common use of Letter of Credit Cash Collateral Account Clause in Contracts

Letter of Credit Cash Collateral Account. Cash collateral pledged by the Borrowers pursuant to this Agreement shall be maintained in a deposit account of the Borrowers maintained with the Administrative Agent, over which the Administrative Agent shall have sole dominion and control (the "Letter of Credit Cash Collateral Account"). The Borrowers hereby grant, bargain, convey and set over to the Administrative Agent for the benefit of the Banks a security interest in and lien upon the Letter of Credit Cash Collateral Account and all cash and any other assets at any time hereafter contained therein as security for the payment and performance of all of the Borrowers' obligations in connection with the Letters of Credit. The Borrowers shall take such action and execute and deliver such documents, including financing statements, as the Administrative Agent may determine necessary or desirable to further the security interest hereby created. Provided there does not then exist an Event of Default or Incipient Default, if at any time the funds held in the Letter of Credit Cash Collateral Account exceed the sum of the then existing Letter of Credit Liability plus the amount of any yet to be issued Letters of Credit then subject to a request by the Borrowers under SECTION 2.15 hereof, the Administrative Agent shall remit such excess to the Company. After the occurrence of an Event of Default and acceleration of the Loans as set forth in SECTION 8.2 hereof, or if the Borrowers shall have failed to pay all amounts which have come due on or prior to such applicable due date, the Administrative Agent shall apply all funds held in the Letter of Credit Cash Collateral Account in the manner provided in SECTION 2.15(e). On the Termination Date, all monies in the Letter of Credit Cash Collateral Account in excess of the amount required to repay the Advances, the Letter of Credit Liability and any other amount then owing hereunder shall be returned to the Company.

Letter of Credit Cash Collateral Account. Cash collateral pledged by the Borrowers pursuant to this Agreement Borrower, whether pledged voluntarily or as required under Sections 2.1, 2.6, 2.18(A) or 2.18(B) hereof, shall be maintained in a deposit deposited into an account of the Borrowers Borrower maintained with the Administrative Agent, over which the Administrative Agent shall have sole dominion and control (the "Letter of Credit Cash Collateral Account"). The Borrowers hereby grant, bargain, convey and set over Prior to the Administrative Agent occurrence of a Default or Event of Default amounts on deposit in the Letter of Credit Cash Collateral Account shall be invested from time to time in Cash Equivalents upon the instruction of the Borrower and at the risk and for the benefit of the Banks Borrower, provided that the Agent shall be obligated to comply with such instruction only to the extent that the Agent retains a perfected security interest in the Letter of Credit Cash Collateral Account and all investments therein, as granted below. The Borrower hereby grants, bargains, conveys and sets over to the Agent, for the benefit of the Lender Group, a security interest in and lien upon the Letter of Credit Cash Collateral Account and all cash and any other assets Cash Equivalents at any time hereafter contained therein as security for the payment and performance of all of the Borrowers' Borrower's obligations now or hereafter incurred hereunder or under the Notes or otherwise in connection with the Letters of Creditherewith. The Borrowers Borrower shall take such action and execute and deliver such documents, including financing statements, as the Administrative Agent may determine necessary or desirable to further the security interest hereby created. Provided there does not then exist an Event of Default or Incipient Default, if at any time the funds value of the assets held in the Letter of Credit Cash Collateral Account exceed the sum of the then existing Letter of Credit Liability plus the amount of any yet to be issued Letters of Credit then subject to a request by the Borrowers Borrower under SECTION 2.15 Section 2.18(B) hereof, the Administrative Agent shall remit such excess to the CompanyBorrower provided that the Agent shall have no obligation to remit such excess except from uninvested cash in the Letter of Credit Cash Collateral Account. In the event that the value of the assets held in the Letter of Credit Cash Collateral Account is less than the sum of the then existing Letter of Credit Liability plus the amount of any yet to be issued Letters of Credit then subject to a request by the Borrower under Section 2.18(B), the Borrower shall deposit such difference in the Letter of Credit Cash Collateral Account promptly upon notice from the Agent. After the occurrence of an Event of Default and acceleration of the Loans as set forth in SECTION 8.2 Section 7.2 hereof, or if the Borrowers Borrower shall have failed to pay all amounts which have come due on or prior to such applicable due date, the Administrative Agent shall apply all funds held in the Letter of Credit Cash Collateral Account in the manner provided in SECTION 2.15(eSection 2.18(C). On the Termination Date, all monies and Cash Equivalents in the Letter of Credit Cash Collateral Account in excess of the amount required to repay the AdvancesLoans, the Letter of Credit Liability and any other amount then owing hereunder shall be returned to the CompanyBorrower.

Letter of Credit Cash Collateral Account. Cash collateral pledged by the Borrowers pursuant to this Agreement shall be maintained in a deposit account of the Borrowers maintained with the Administrative Agent, over which the Administrative Agent shall have sole dominion and control (the "Letter of Credit Cash Collateral Account"). The Borrowers hereby grant, bargain, convey and set over to the Administrative Agent for the benefit of the Banks a security interest in and lien upon the Letter of Credit Cash Collateral Account and all cash and any other assets at any time hereafter contained therein as security for the payment and performance of all of the Borrowers' obligations now or hereafter incurred hereunder or under the Notes or otherwise in connection with the Letters of Creditherewith. The Borrowers shall take such action and execute and deliver such documents, including financing statements, as the Administrative Agent may determine necessary or desirable to further the security interest hereby created. Provided there does not then exist an Event of Default or Incipient Unmatured Event of Default, if at any time the funds held in the Letter of Credit Cash Collateral Account exceed the sum of the then existing Letter of Credit Liability plus the amount of any yet to be issued Letters of Credit then subject to a request by the Borrowers under SECTION 2.15 Section 2.19(D) hereof, the Administrative Agent shall remit such excess to the CompanyBorrowers. After the occurrence of an Event of Default and acceleration of the Loans as set forth in SECTION 8.2 Section 6.2 hereof, or if the Borrowers shall have failed to pay all amounts which have come due on or prior to such applicable due date, the Administrative Agent shall apply all funds held in the Letter of Credit Cash Collateral Account in the manner provided in SECTION 2.15(eSection 2.19(E). On the Termination Date, all monies in the Letter of Credit Cash Collateral Account in excess of the amount required to repay the AdvancesLoans, the Letter of Credit Liability and any other amount then owing hereunder shall be returned to the CompanyBorrowers.

Letter of Credit Cash Collateral Account. Cash collateral pledged by the Borrowers delivered to Lender pursuant to this Agreement Sections 2.1 or 2.12 hereof shall be maintained in a deposit account of Borrowers to be established with Lender at the Borrowers maintained with the Administrative Agenttime such cash collateral is first created, over which the Administrative Agent Lender shall have sole dominion and control (the "Letter of Credit Cash Collateral Account"); provided that, so long as no Default or Event of Default has occurred and is continuing hereunder, Borrowers shall have the right to request, and Lender shall withdraw from the Letter of Credit Cash Collateral Account, the amount by which the balance in such account exceeds the Letter of Credit Liability which amount shall be deposited by Lender into the Operating Account. The Borrowers hereby grant, bargain, convey and set over to the Administrative Agent for the benefit of the Banks Lender a security interest in and lien upon the Letter of Credit Cash Collateral Account and all cash and any other assets at any time hereafter contained therein as security for the payment and performance of all of the Borrowers' obligations now or hereafter incurred hereunder, under the Note or otherwise in connection with the Letters of Creditherewith. The Borrowers shall take such action and execute and deliver such documents, including financing statements, as the Administrative Agent Lender may determine necessary or desirable to further the security interest hereby created. Provided there does not then exist an Event of Default or Incipient Default, if at any time the funds held in the Letter of Credit Cash Collateral Account exceed the sum of the then existing Letter of Credit Liability plus the amount of any yet to be issued Letters of Credit then subject to a request by the Borrowers under SECTION 2.15 hereof, the Administrative Agent shall remit such excess to the Company. After the occurrence of an Event of Default and acceleration of the Loans Revolving Credit as set forth in SECTION 8.2 Section 7.2 hereof, or if the Borrowers shall have failed to pay all amounts which have come due on or prior to such applicable due date, the Administrative Agent Lender shall apply all funds held in the Letter of Credit Cash Collateral Account in the manner provided in SECTION 2.15(e)Section 2.2. On the Termination Date, all monies in the Letter of Credit Cash Collateral Account in excess of the amount required to repay the Advances, the Letter of Credit Liability Liability, and any other amount then owing hereunder shall be returned to the CompanyBorrowers.

Letter of Credit Cash Collateral Account. Cash collateral pledged by the Borrowers pursuant to this Agreement shall be maintained in a an interest-bearing deposit account of Borrowers to be established with Agent at the Borrowers maintained with the Administrative Agenttime such cash collateral is first created, over which the Administrative Agent shall have sole dominion and control (the "Letter of Credit Cash Collateral Account"). The Borrowers hereby grant, bargain, convey and set over to the Administrative Agent for the benefit of the Banks Lenders and Issuing Bank a security interest in and lien upon the Letter of Credit Cash Collateral Account and all cash and any other assets at any time hereafter contained therein as security for the payment and performance of all of the Borrowers' obligations in connection with the Letters of CreditLiabilities. The Borrowers shall take such action and execute and deliver such documents, including financing statements, as the Administrative Agent may determine necessary or desirable to further the security interest hereby created. Provided there does not then exist an Event of Default or Incipient Default, if at any time the funds held in the Letter of Credit Cash Collateral Account exceed the sum of the then existing Letter of Credit Liability plus the amount of any yet to be issued Letters of Credit then subject to a request by the Borrowers a Borrower under SECTION 2.15 Section 2.23 hereof, the Administrative Agent shall remit such excess to the CompanyBorrowers. After the occurrence of an Event of Default and and/or acceleration of the Loans as set forth in SECTION 8.2 Section 7.2 hereof, or if the Borrowers shall have failed to pay all amounts which have come due on or prior to such applicable due date, the Administrative Agent shall apply all funds held in the Letter of Credit Cash Collateral Account in the manner provided in SECTION 2.15(e)Section 2.15 hereof. On the Termination Date, all monies in the Letter of Credit Cash Collateral Account in excess of the amount required to repay the Advances, the Letter of Credit Liability Liabilities and any other amount then owing hereunder shall be returned to the CompanyBorrowers.

Letter of Credit Cash Collateral Account. Cash At the request of the Borrowers or upon delivery of cash collateral pledged by the Borrowers pursuant to this Agreement Agreement, the Agent shall be maintained in establish a deposit account of for the Borrowers maintained with the Administrative Agent, over which the Administrative Agent shall have sole dominion and control (the "Letter of Credit Cash Collateral Account")) into which the Borrowers may deposit cash. The Borrowers hereby grant, bargain, convey and set over to the Administrative Agent for the benefit of the Banks Agent and each Bank a security interest in and lien upon the Letter of Credit Cash Collateral Account and all cash and any other assets at any time hereafter contained therein as security for the payment and performance of all of the Borrowers' obligations now or hereafter incurred hereunder, under the Note or otherwise in connection with the Letters of Creditherewith. The Borrowers shall take such action and execute and deliver such documents, including financing statements, as the Administrative Agent may determine necessary or desirable to further the security interest hereby created. Provided there does not then exist an Event of Default or Incipient Default, if at any time the funds Cash collateral held in the Letter of Credit Cash Collateral Account exceed the sum of the then existing Letter of Credit Liability plus the amount of any yet to shall be issued Letters of Credit then subject to a request by the Borrowers under SECTION 2.15 hereof, the Administrative Agent shall remit such excess to the Companyapplied in accordance with Section 2.17(E) except as otherwise set forth herein. After the occurrence of an Event of Default and acceleration of the Loans as set forth in SECTION Section 8.2 hereof, or if the Borrowers shall have failed to pay all amounts which have come due on or prior to such applicable due date, the Administrative Agent Bank shall apply all funds held in the Letter of Credit Cash Collateral Account in the manner provided in SECTION 2.15(e)Section 2.8. On the Commitment Termination Date, all monies in the Letter of Credit Cash Collateral Account in excess of the amount required to repay the AdvancesLoans, the Letter of Credit Liability Liability, and any other amount then owing hereunder shall be returned to the CompanyBorrowers.

Letter of Credit Cash Collateral Account. Cash collateral pledged by the Borrowers delivered to Lender pursuant to this Agreement Sections 2.1 or 2.11 hereof shall be maintained in a deposit account of Borrowers to be established with Lender at the Borrowers maintained with the Administrative Agenttime such cash collateral is first created, over which the Administrative Agent Lender shall have sole dominion and control (the "Letter of Credit Cash Collateral Account"); provided that, so long as no Default or Event of Default has occurred and is continuing hereunder, Borrowers shall have the right to request, and Lender shall withdraw from the Letter of Credit Cash Collateral Account, the amount by which the balance in such account exceeds the Letter of Credit Liability which amount shall be deposited by Lender into the Operating Account. The Borrowers hereby grant, bargain, convey and set over to the Administrative Agent for the benefit of the Banks Lender a security interest in and lien upon the Letter of Credit Cash Collateral Account and all cash and any other assets at any time hereafter contained therein as security for the payment and performance of all of the Borrowers' obligations now or hereafter incurred hereunder, under the Note or otherwise in connection with the Letters of Creditherewith. The Borrowers shall take such action and execute and deliver such documents, including financing statements, as the Administrative Agent Lender may determine necessary or desirable to further the security interest hereby created. Provided there does not then exist an Event of Default or Incipient Default, if at any time the funds held in the Letter of Credit Cash Collateral Account exceed the sum of the then existing Letter of Credit Liability plus the amount of any yet to be issued Letters of Credit then subject to a request by the Borrowers under SECTION 2.15 hereof, the Administrative Agent shall remit such excess to the Company. After the occurrence of an Event of Default and acceleration of the Loans Revolving Credit as set forth in SECTION 8.2 Section 7.2 hereof, or if the Borrowers shall have failed to pay all amounts which have come due on or prior to such applicable due date, the Administrative Agent Lender shall apply all funds held in the Letter of Credit Cash Collateral Account in the manner provided in SECTION 2.15(e)Section 2.2. On the Termination Date, all monies in the Letter of Credit Cash Collateral Account in excess of the amount required to repay the AdvancesLoans, the Letter of Credit Liability Liability, and any other amount then owing hereunder shall be returned to the CompanyBorrowers.