Common use of Prepayment Upon Overadvance Clause in Contracts

Prepayment Upon Overadvance. The Borrower shall prepay the outstanding principal amount of Revolving Loans and/or Swing Line Loans on any date on which the Assigned Dollar Value of all outstanding Revolving Loans, Swing Line Loans and LC Obligations (after giving effect to any other repayments or prepayments on such day) plus any Overdraft Reserve exceeds the Total Revolving Commitment then in effect (including, without limitation, solely as a result of fluctuation in Exchange Rates), in the amount of such excess and in the applicable currency; provided, however, that if such excess is solely as a result of fluctuation in Exchange Rates, (i) the Borrower shall not be obligated to pay such amount until four Business Days after notice from the Administrative Agent and (ii) the Borrower shall not be obligated to pay such amount unless such excess is greater than the Dollar Equivalent of an amount equal to 5% of the Total Revolving Commitment. If, after giving effect to the prepayment of all outstanding Revolving Loans and Swing Line Loans pursuant to this Section 4.4(a), the aggregate Assigned Dollar Value of LC Obligations plus any Overdraft Reserve exceeds the Total Revolving Commitment then in effect, the Borrower shall cash collateralize LC Obligations by depositing, pursuant to a cash collateral agreement to be entered into in form and substance reasonably satisfactory to the Administrative Agent, cash with the Administrative Agent in an amount equal to the difference between the Assigned Dollar Value of such LC Obligations plus any Overdraft Reserve and the Total Revolving Commitment then in effect. The Administrative Agent shall establish in its name for the benefit of the Revolving Lenders a collateral account into which it shall deposit such cash to hold as collateral security for the LC Obligations.

Appears in 10 contracts

Samples: Credit Agreement (Huntsman CORP), Credit Agreement (Huntsman International LLC), Credit Agreement (Huntsman International LLC)

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Prepayment Upon Overadvance. The applicable Borrower shall prepay the outstanding principal amount of the Multicurrency Revolving Loans, French Revolving Loans and/or or the Swing Line Loans on any date on which the Assigned Dollar Value aggregate outstanding Effective Amount of all outstanding Revolving Loans, Swing Line such Loans and together with the aggregate Effective Amount of LC Obligations in the case of the Multicurrency Revolving Loans (after giving effect to any other repayments or prepayments on such day) plus any Overdraft Reserve exceeds the Total aggregate Multicurrency Revolving Commitments, French Revolving Commitment then in effect or the Swing Line Commitment, as the case may be (including, without limitation, solely as a result of fluctuation in Exchange Rateson the Revolver Termination Date), in the amount of such excess and in the applicable currency; provided, however, that if such excess is solely as a result of fluctuation in Exchange Rates, (i) the Borrower shall not be obligated to pay such amount until four Business Days after notice from the Administrative Agent and (ii) the Borrower shall not be obligated to pay such amount unless such excess is greater than the Dollar Equivalent of an amount equal to 5% of the Total Revolving Commitmentexcess. If, after giving effect to the prepayment of all outstanding Multicurrency Revolving Loans and Swing Line Loans pursuant to this Section 4.4(a)Loans, the aggregate Assigned Dollar Value Effective Amount of LC Obligations plus any Overdraft Reserve exceeds the Total Multicurrency Revolving Commitment Commitments then in effect, the Borrower Company shall cash collateralize Cash Collateralize LC Obligations by depositing, pursuant to a cash collateral agreement to be entered into in form and substance reasonably satisfactory to the Administrative Agent, cash depositing Cash Collateral with the Administrative Agent in an amount equal to the difference positive difference, if any, between the Assigned Dollar Value Effective Amount of such LC Obligations plus any Overdraft Reserve and the Total Multicurrency Revolving Commitment Commitments then in effect. The Administrative Agent shall establish in its name for the benefit of the Multicurrency Revolving Lenders a one or more interest bearing collateral account accounts (collectively, the “Collateral Account”) into which it shall deposit such cash to hold as collateral security Cash Collateral for the LC Obligations.

Appears in 2 contracts

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

Prepayment Upon Overadvance. The applicable Borrower shall prepay the outstanding principal amount of the Multicurrency Revolving Loans and/or or Dollar Equivalent outstanding principal amount of Swing Line Loans on any date on which the Assigned aggregate outstanding Dollar Value Equivalent principal amount of all outstanding Revolving Loans, Swing Line such Loans and together with the aggregate Effective Amount of LC Obligations in the case of the Multicurrency Revolving Loans (after giving effect to any other repayments or prepayments on such day) plus any Overdraft Reserve exceeds the Total Multicurrency Revolving Commitment, Total Available Multicurrency Revolving Commitment then in effect (includingor the Total Swing Line Commitment, without limitation, solely as a result of fluctuation in Exchange Rates)the case may be, in the amount of such excess and in the applicable currency; excess, provided, however, that if such excess is due solely as a to the result of fluctuation in Exchange Rates, such repayment shall be only required to be made promptly, but in any event within five (i5) the Borrower shall not be obligated to pay such amount until four Business Days after notice from the Administrative Agent and (ii) the Borrower shall not be obligated to pay such amount unless such excess is greater than the Dollar Equivalent of an amount equal to 5% of the Total Revolving CommitmentDays. If, after giving effect to the prepayment of all outstanding Multicurrency Revolving Loans and Swing Line Loans pursuant to this Section 4.4(a)Loans, the aggregate Assigned Dollar Value Effective Amount of LC Obligations plus any Overdraft Reserve exceeds the Total Multicurrency Revolving Commitment Commitments then in effect, the Borrower Company shall cash collateralize LC Obligations by depositing, pursuant to a cash collateral agreement to be entered into in form and substance reasonably satisfactory to the Administrative Agent, cash with the Administrative Agent in an amount equal to the difference between the Assigned Dollar Value Effective Amount of such LC Obligations plus any Overdraft Reserve and the Total Multicurrency Revolving Commitment Commitments then in effect. The Administrative Agent shall establish in its name for the benefit of the Multicurrency Revolving Lenders a an interest bearing cash collateral account (the “Collateral Account”) into which it shall deposit such cash to hold as collateral security for the LC Obligations.. - 68 -

Appears in 1 contract

Samples: Credit Agreement (Greif Inc)

Prepayment Upon Overadvance. The Borrower shall prepay the outstanding principal amount of the Acquisition Revolving Loans, Working Capital Loans and/or or the Swing Line Loans Loan on any date on which the Assigned Dollar Value aggregate outstanding principal amount of all outstanding Revolving Loans, Swing Line such Loans and together with the aggregate LC Obligations (after giving effect to any other repayments or prepayments on such day) plus any Overdraft Reserve exceeds the Total aggregate Revolving Commitment then in effect (includingCommitments or the Swing Line Commitment, without limitation, solely as a result of fluctuation in Exchange Rates)the case may be, in the amount of such excess and in excess. In addition, Borrower shall prepay the applicable currency; provided, however, that if such excess is solely as a result outstanding principal amount of fluctuation in Exchange Rates, (i) Acquisition Revolving Loans on any date on which the Borrower shall not be obligated to pay such aggregate outstanding principal amount until four Business Days after notice from of Acquisition Revolving Loans exceeds the Administrative Agent Acquisition Revolving Sublimit and (ii) Working Capital Loans on any date on which the Borrower shall not be obligated aggregate outstanding principal amount of Working Capital Loans, when added to pay the then outstanding Swing Line Loans and the aggregate LC Obligations, exceeds the Working Capital Sublimit, in each case in the amount of such amount unless such excess is greater than the Dollar Equivalent of an amount equal to 5% of the Total Revolving Commitmentexcess. If, after giving effect to the prepayment of all outstanding Acquisition Revolving Loans and Swing Line Loans pursuant to this Section 4.4(a)Working Capital Loans, the aggregate Assigned Dollar Value of LC Obligations plus any Overdraft Reserve exceeds the Total Revolving Commitment Commitments then in effect, the Borrower shall cash collateralize LC Obligations by depositing, pursuant to a cash collateral agreement to be entered into in form and substance reasonably satisfactory to the Administrative Agent, cash with the Administrative Agent in an amount equal to the difference between the Assigned Dollar Value of such LC Obligations plus any Overdraft Reserve and the Total Revolving Commitment Commitments then in effect. The Administrative Agent shall establish in its name for the benefit of the Revolving Lenders a cash collateral account (the "Collateral Account") into which it shall deposit such cash to hold as collateral security for the LC Obligations.

Appears in 1 contract

Samples: Credit Agreement (Irwin Telecom Services Inc)

Prepayment Upon Overadvance. The Borrower shall prepay (i) If, at any time other than as a result of fluctuations in currency exchange rates, (A) (x) the aggregate outstanding principal amount Effective Amount of Multicurrency Revolving Loans and/or Swing Line Loans on any date on which the Assigned Dollar Value of all outstanding Revolving Loans, Swing Line Loans and LC Obligations (after giving effect to any other repayments or prepayments on such day) plus any Overdraft Reserve together with the aggregate outstanding Effective Amount of LC Obligations exceeds the Total aggregate Multicurrency Revolving Commitment then in Commitments or (y) the aggregate outstanding Effective Amount of Swing Line Loans (after giving effect to any other repayments or prepayments on such day) exceeds the aggregate Swing Line Commitments, as the case may be (including, without limitation, solely on each applicable Revolver Termination Date), the applicable Borrower shall prepay the Multicurrency Revolving Loans or Swing Line Loans, as a result of fluctuation in Exchange Rates)applicable, in the amount of such excess excess, and in the applicable currency; provided, however, that if such excess is solely as a result of fluctuation in Exchange Rates, (iB) the Borrower shall not be obligated to pay such amount until four Business Days after notice from aggregate Effective Amount of LC Obligations exceeds the Administrative Agent and Multicurrency Revolving Commitments then in effect (ii) the Borrower shall not be obligated to pay such amount unless such excess is greater than the Dollar Equivalent of an amount equal to 5% of the Total Revolving Commitment. If, after giving effect to the prepayment of all outstanding Multicurrency Revolving Loans and all Swing Line Loans pursuant to this Section 4.4(aat such time), the aggregate Assigned Dollar Value of LC Obligations plus any Overdraft Reserve exceeds the Total Revolving Commitment then in effect, the applicable Borrower shall cash collateralize Cash Collateralize LC Obligations by depositing, pursuant to a cash collateral agreement to be entered into in form and substance reasonably satisfactory to the Administrative Agent, cash depositing Cash Collateral with the Administrative Agent in an amount equal to the difference positive difference, if any, between the Assigned Dollar Value Effective Amount of such LC Obligations plus any Overdraft Reserve and the Total Multicurrency Revolving Commitment Commitments then in effect. The Administrative Agent shall establish in its name for the benefit of the Multicurrency Revolving Lenders a one or more interest bearing collateral account accounts (collectively, the “Collateral Account”) into which it shall deposit such cash to hold as collateral security Cash Collateral for the LC Obligations. Upon the request of Company, amounts in excess of the amount required to be deposited in the Collateral Account shall be released to the applicable Borrower so long as, at the time of and immediately after giving effect to such release, no (1) prepayment of Loans or Cash Collateralization of LC Obligations would be required under this Section 4.4(a) and (2) Unmatured Event of Default or Event of Default shall have occurred and be continuing.

Appears in 1 contract

Samples: Credit Agreement (Ball Corp)

Prepayment Upon Overadvance. The Borrower shall prepay the outstanding principal amount of the Revolving Loans and/or and Swing Line Loans on any date on which (x) the aggregate outstanding Assigned Dollar Value of such Revolving Loans and such Swing Line Loans together with the Assigned Dollar Value of all outstanding Revolving Loans, Swing Line Loans and the aggregate LC Obligations (after giving effect to any other repayments or prepayments on such day) plus any Overdraft Reserve exceeds the Total Revolving Commitments or (y) the aggregate outstanding Multicurrency Outstandings (after giving effect to any other repayments or prepayments on such day) exceeds the total Multicurrency Commitment then in effect (including, without limitation, solely as a result of fluctuation in Exchange Rates), in the amount of such excess and in the applicable currency; provided, however, that if such excess is solely as a result of fluctuation in Exchange Rates, (i) the Borrower shall not be obligated to pay such amount until four Business Days after notice from the Administrative Agent and (ii) the Borrower shall not be obligated to pay such amount unless such excess is greater than the Dollar Equivalent of an amount equal to 5% the greater of the Total Revolving Commitmenteither such excess. If, after giving effect to the prepayment of all outstanding Revolving Loans and Swing Line Loans pursuant to this Section 4.4(a)Loans, (A) the aggregate Assigned Dollar Value of the aggregate LC Obligations plus any Overdraft Reserve exceeds the Total Revolving Commitment then in effect, or (B) the Assigned Dollar Value of the aggregate Multicurrency Obligations exceeds the Multicurrency Commitment then in effect, then, in either case, the Borrower shall cash collateralize LC Obligations by depositing, pursuant to a cash collateral agreement to be entered into in form and substance reasonably satisfactory to the Administrative Agent, cash with the Administrative Agent in an amount equal to the difference between the Assigned Dollar Value of such LC Obligations plus any Overdraft Reserve and the Total Revolving Commitment then in effecteffect (or the Multicurrency LC Obligation and the Multicurrency Commitment, as the case may be). The Administrative Agent shall establish in its name for the benefit of the Revolving Lenders a cash collateral account (the "COLLATERAL ACCOUNT") into which it shall deposit such cash to hold as collateral security for the LC Obligations.

Appears in 1 contract

Samples: Credit Agreement (Gencorp Inc)

Prepayment Upon Overadvance. The Borrower shall prepay (i)If, at any time other than as a result of fluctuations in currency exchange rates, (A) (x) the aggregate outstanding principal amount Effective Amount, without duplication, of Revolving Loans and/or and Swing Line Loans on under any date on which the Assigned Dollar Value of all outstanding Revolving Loans, Swing Line Loans and LC Obligations Facility (after giving effect to any other repayments or prepayments on such day) plus any Overdraft Reserve together with the aggregate outstanding Effective Amount of LC Obligations under such Revolving Facility exceeds the Total aggregate Revolving Commitment then in Commitments under such Revolving Facility or (y) the aggregate outstanding Effective Amount of Swing Line Loans under any Swing Line Facility (after giving effect to any other repayments or prepayments on such day) exceeds the aggregate Swing Line Commitments under such Swing Line Facility, as the case may be (including, without limitation, solely on the Revolver Termination Date applicable to such Revolving Facility or Swing Line Facility, as a result of fluctuation in Exchange Ratesapplicable), the applicable Borrower shall prepay the Revolving Loans and/or Swing Line Loans under such Revolving Facility or Swing Line Loans under such Swing Line Facility, as applicable, in the amount of such excess excess, and in the applicable currency; provided, however, that if such excess is solely as a result of fluctuation in Exchange Rates, (iB) the Borrower shall not be obligated to pay such amount until four Business Days after notice from the Administrative Agent and aggregate Effective Amount of LC Obligations under any Revolving Facility exceeds either (iix) the Borrower shall not Revolving Commitments or (y) the maximum Stated Amount of Letters of Credit permitted to be obligated to pay issued under such amount unless Revolving Facility, in each case then in effect under such excess is greater than the Dollar Equivalent of an amount equal to 5% of the Total Revolving Commitment. If, Facility (after giving effect to the prepayment of all outstanding Revolving Loans and all Swing Line Loans pursuant to this Section 4.4(aat such time under such Revolving Facility), the aggregate Assigned Dollar Value of applicable Borrower shall Cash Collateralize LC Obligations plus any Overdraft Reserve exceeds the Total under such Revolving Commitment then in effect, the Borrower shall cash collateralize LC Obligations Facility by depositing, pursuant to a cash collateral agreement to be entered into in form and substance reasonably satisfactory to the Administrative Agent, cash depositing Cash Collateral with the Administrative Agent in an amount equal to the difference positive difference, if any, between the Assigned Dollar Value Effective Amount of such LC Obligations plus any Overdraft Reserve under such Revolving Facility and the Total Revolving Commitment Commitments (or such maximum Stated Amount, as applicable) then in effecteffect under such Revolving Facility. The Administrative Agent shall establish in its name for the benefit of the Revolving Lenders a under each Revolving Facility one or more interest bearing collateral account accounts (collectively, the “Collateral Account”) into which it shall deposit such cash to hold as collateral security Cash Collateral for the LC ObligationsObligations under each Revolving Facility. Upon the request of Company, amounts in excess of the amount required to be deposited in the Collateral Account shall be released to the applicable Borrower so long as, at the time of and immediately after giving effect to such release, no (1) prepayment of Loans or Cash Collateralization of LC Obligations would be required under this Section 4.4(a) and (2) Unmatured Event of Default or Event of Default shall have occurred and be continuing.

Appears in 1 contract

Samples: Credit Agreement (BALL Corp)

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Prepayment Upon Overadvance. The Borrower shall prepay the outstanding principal amount of the Revolving Loans and/or or the Swing Line Loans Loan on any date on which the Assigned Dollar Value aggregate outstanding principal amount of all outstanding Revolving Loans, Swing Line Loans and such Loanstogether with the aggregate LC Obligations (after giving effect to any other repayments or prepayments on such day) plus any Overdraft Reserve exceeds the Total aggregate Revolving Commitment then in effect (includingCommitments or the Swing Line Loan Commitment, without limitation, solely as a result of fluctuation in Exchange Rates)the case may be, in the amount of such excess and in the applicable currencyexcess; provided, however, that if such excess is solely as a result at any time the aggregate of fluctuation in Exchange Rates, all Revolving Loans then outstanding plus the aggregate amount of all LC Obligations and Swing Line Loans then outstanding exceeds the lesser of (i) the Borrower shall not be obligated to pay such amount until four Business Days after notice from the Administrative Agent Borrowing Base and (ii) the Total Revolving Commitment, the Borrower shall not be obligated to pay such immediately, and without notice or demand, prepay the outstanding principal amount unless such excess is greater than of the Dollar Equivalent of Revolving Loans and Swing Line Loans by an amount equal to 5% of the Total Revolving Commitmentapplicable excess. If, after giving effect to the prepayment of all outstanding Revolving Loans and Swing Line Loans pursuant to this Section 4.4(a)Loans, the aggregate Assigned Dollar Value of LC Obligations plus any Overdraft Reserve exceeds the lesser of (i) the Borrowing Base and (ii) the Total Revolving Commitment then in effect, the Borrower shall cash collateralize LC Obligations by depositing, pursuant to a cash collateral agreement to be entered into in form and substance reasonably satisfactory to the Administrative AgentAgent and Borrower, cash with the Administrative Agent in an amount equal to the difference between the Assigned Dollar Value of such LC Obligations plus any Overdraft Reserve and the lesser of (i) the Borrowing Base and (ii) the Total Revolving Commitment then in effect. The Administrative Agent shall establish in its name for the benefit of the Revolving Lenders a cash collateral account (the "Collateral Account") into which it shall deposit such cash to hold as collateral security for the LC Obligations.

Appears in 1 contract

Samples: Credit Agreement (BMC Industries Inc/Mn/)

Prepayment Upon Overadvance. The applicable Borrower shall prepay the outstanding principal amount of the Multicurrency Revolving Loans, the Canadian Revolving Loans and/or or the Swing Line Loans on any date on which the Assigned Dollar Value aggregate outstanding Effective Amount of all outstanding Revolving Loans, Swing Line such Loans and together with the aggregate Effective Amount of LC Obligations in the case of the Multicurrency Revolving Loans (after giving effect to any other repayments or prepayments on such day) plus any Overdraft Reserve exceeds the Total aggregate Multicurrency Revolving Commitment then in effect Commitments, Canadian Revolving Commitments or the Swing Line Commitment, as the case may be (including, without limitationlimitation on the Multicurrency Revolver Termination Date or the Canadian Revolver Termination Date, solely as a result of fluctuation in Exchange Ratesthe case may be), in the amount of such excess and in the applicable currency; provided, however, that if such excess is solely as a result of fluctuation in Exchange Rates, (i) the Borrower shall not be obligated to pay such amount until four Business Days after notice from the Administrative Agent and (ii) the Borrower shall not be obligated to pay such amount unless such excess is greater than the Dollar Equivalent of an amount equal to 5% of the Total Revolving Commitmentexcess. If, after giving effect to the prepayment of all outstanding Multicurrency Revolving Loans and Swing Line Loans pursuant to this Section 4.4(a)Loans, the aggregate Assigned Dollar Value Effective Amount of LC Obligations plus any Overdraft Reserve exceeds the Total Multicurrency Revolving Commitment Commitments then in effect, the Borrower Company shall cash collateralize LC Obligations by depositing, pursuant to a cash collateral agreement to be entered into in form and substance reasonably satisfactory to the Administrative Agent, cash with the Administrative Agent in an amount equal to the difference positive difference, if any, between the Assigned Dollar Value Effective Amount of such LC Obligations plus any Overdraft Reserve and the Total Multicurrency Revolving Commitment Commitments then in effect. The Administrative Agent shall establish in its name for the benefit of the Multicurrency Revolving Lenders a an interest bearing cash collateral account (the “Collateral Account”) into which it shall deposit such cash to hold as collateral security for the LC Obligations. If, after giving effect to the prepayment of all outstanding Canadian Prime Rate Loans the outstanding principal amount of Canadian Revolving Loans exceeds the aggregate Canadian Revolving Commitments then in effect, the Canadian Borrower shall cash collateralize outstanding B/A Loans by depositing pursuant to a cash collateral agreement to be entered into in form and substance reasonably satisfactory to Canadian Administrative Agent, cash with Canadian Administrative Agent in an amount equal to the positive difference, if any, between the outstanding principal amount of Canadian Revolving Loans and the Canadian Revolving Commitments then in effect. Canadian Administrative Agent shall establish in its name for the benefit of the Revolving Lenders a cash collateral account into which it shall deposit said cash to hold as collateral security for the outstanding B/A Loans.

Appears in 1 contract

Samples: Credit Agreement (Ball Corp)

Prepayment Upon Overadvance. The Borrower Borrowers shall prepay the outstanding principal amount of the Acquisition Revolving Loans, Working Capital Loans and/or or the Swing Line Loans Loan on any date on which the Assigned Dollar Value aggregate outstanding principal amount of all outstanding Revolving Loans, Swing Line such Loans and together with the aggregate LC Obligations (after giving effect to any other repayments or prepayments on such day) plus any Overdraft Reserve exceeds the Total aggregate Revolving Commitment then in effect (includingCommitments or the Swing Line Commitment, without limitation, solely as a result of fluctuation in Exchange Rates)the case may be, in the amount of such excess and in excess. In addition, Borrowers shall prepay the applicable currency; provided, however, that if such excess is solely as a result outstanding principal amount of fluctuation in Exchange Rates, (i) Acquisition Revolving Loans on any date on which the Borrower shall not be obligated to pay such aggregate outstanding principal amount until four Business Days after notice from of Acquisition Revolving Loans exceeds the Administrative Agent Acquisition Revolving Sublimit and (ii) Working Capital Loans on any date on which the Borrower shall not be obligated aggregate outstanding principal amount of Working Capital Loans, when added to pay the then outstanding Swing Line Loans and the aggregate LC Obligations, exceeds the Working Capital Sublimit, in each case in the amount of such amount unless such excess is greater than the Dollar Equivalent of an amount equal to 5% of the Total Revolving Commitmentexcess. If, after giving effect to the prepayment of all outstanding Acquisition Revolving Loans and Swing Line Loans pursuant to this Section 4.4(a)Working Capital Loans, the aggregate Assigned Dollar Value of LC Obligations plus any Overdraft Reserve exceeds the Total Revolving Commitment Commitments then in effect, the Borrower Borrowers shall cash collateralize LC Obligations by depositing, pursuant to a cash collateral agreement to be entered into in form and substance reasonably satisfactory to the Administrative Agent, cash with the Administrative Agent in an amount equal to the difference between the Assigned Dollar Value of such LC Obligations plus any Overdraft Reserve and the Total Revolving Commitment Commitments then in effect. The Administrative Agent shall establish in its name for the benefit of the Revolving Lenders a cash collateral account (the "Collateral Account") into which it shall deposit such cash to hold as collateral security for the LC Obligations.

Appears in 1 contract

Samples: Credit Agreement (Natg Holdings LLC)

Prepayment Upon Overadvance. The Borrower shall prepay the outstanding principal amount of Revolving the Loans and/or Swing Line Loans and cash collateralize the LC Obligations on any date on which (i) the Assigned Dollar Value aggregate outstanding principal amount of all outstanding Revolving Loans, Swing Line such Loans and together with the aggregate LC Obligations (after giving effect to any other repayments or prepayments on such day) plus any Overdraft Reserve exceeds the lesser of (x) the Total Revolving Commitment then in effect effect, (includingy) the Borrowing Base and (z) prior to the Final Financing Order Date, without limitation, solely as a result the maximum amount of fluctuation in Exchange Rates), Loans and LC Obligations permitted by the Interim Financing Order in the amount of such excess and in the applicable currency; provided, however, that if such excess is solely as a result of fluctuation in Exchange Rates, (i) the Borrower shall not be obligated to pay such amount until four Business Days after notice from the Administrative Agent and (ii) the Borrower shall not be obligated to pay such amount unless such excess is greater than the Dollar Equivalent of an amount equal to 5% of the Total Revolving Commitmentexcess. If, after giving effect to the prepayment of all outstanding Revolving Loans and Swing Line Loans pursuant to this Section 4.4(a)Loans, the aggregate Assigned Dollar Value of LC Obligations plus any Overdraft Reserve exceeds the lesser of (x) the Total Revolving Commitment then in effect, (y) the Borrowing Base and (z) prior to the Final Financing Order Date, the maximum amount of Loans and LC Obligations permitted by the Interim Financing Order, Borrower shall cash collateralize LC Obligations by depositing, pursuant to a cash collateral agreement to be entered into in form and substance reasonably satisfactory to the Administrative Agent, deposit cash with the Administrative Agent in an amount equal to the difference between the Assigned Dollar Value of such LC Obligations plus any Overdraft Reserve and the lesser of (x) the Total Revolving Commitment then in effect, (y) the Borrowing Base and (z) prior to the Final Financing Order Date, the maximum amount of Loans and LC Obligations permitted by the Interim Financing Order. The Administrative Agent shall establish in its name for the benefit of Agent and the Revolving Lenders a cash collateral account (the "Collateral Account") into which it shall deposit such cash to hold as collateral security for the LC Obligations.

Appears in 1 contract

Samples: Credit Agreement (BMC Industries Inc/Mn/)

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