Common use of Termination of Requirement Clause in Contracts

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management Agreement.

Appears in 22 contracts

Samples: Credit Agreement (Kaltura Inc), Credit Agreement (Alkami Technology, Inc.), Credit Agreement (Bill.com Holdings, Inc.)

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Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 15 contracts

Samples: Credit Agreement (Ribbon Communications Inc.), Guarantee and Collateral Agreement (Fitbit Inc), Credit Agreement (Ribbon Communications Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance existence of an Event of Default, and (B) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management Agreement.

Appears in 13 contracts

Samples: Credit Agreement (Nerdwallet, Inc.), Credit Agreement (Fastly, Inc.), Credit Agreement (Nerdwallet, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 2.15 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a the determination by the Administrative Agent and the Issuing Lender Bank that there exists excess Cash Collateral; provided, however, (Ax) that Cash Collateral furnished by or on behalf of a Loan Credit Party shall not be released during the continuance of an a Default or Event of DefaultDefault (and following application as provided in this Section 2.15 may be otherwise applied in accordance with Section 9.3) but shall be released upon the cure, termination or waiver of such Default or Event of Default in accordance with the terms of this Agreement, and (By) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender Bank or Swingline Lender, as applicable, may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management Agreement.

Appears in 8 contracts

Samples: Credit Agreement (BurgerFi International, Inc.), Credit Agreement (Hibbett Inc), Credit Agreement (Computer Programs & Systems Inc)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.242.22, the Person providing such Cash Collateral and the Issuing Lender Lenders may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including or any applicable Cash Management AgreementBank Services Agreement or FX Contract.

Appears in 7 contracts

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

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 2.15 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a the determination by the Administrative Agent and the Issuing Lender Bank that there exists excess Cash Collateral; provided, however, (Ax) that Cash Collateral furnished by or on behalf of a Loan Credit Party shall not be released during the continuance of an a Default or Event of DefaultDefault (and following application as provided in this Section 2.15 may be otherwise applied in accordance with Section 9.3) but shall be released upon the cure, termination or waiver of such Default or Event of Default in accordance with the terms of this Agreement, and (By) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender Bank or Swingline Lender, as applicable, may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management Agreement.

Appears in 7 contracts

Samples: Credit Agreement (Physicians Realty Trust), Credit Agreement (Physicians Realty Trust), Credit Agreement (Healthpeak Properties, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Fronting Exposure in respect of Letters of Credit any LC Issuer or other Obligations the Swing Line Lender, as applicable, shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 2.20.13 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a the determination by the Administrative Agent Agent, each LC Issuer and the Issuing Swing Line Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished in excess of the Fronting Exposure of such Defaulting Lender (determined in accordance with the first paragraph of this Section 2.20.13), in which case, such Cash Collateral (in the case of clause (i) above) or excess amounts (in the case of clause (ii) above), as applicable, shall be returned to the Borrower upon its request therefor to the extent such Cash Collateral was provided by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) Borrower; provided that, subject to Section 2.24, 2.24 the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead in excess of such Fronting Exposure at any time shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementExposure.

Appears in 6 contracts

Samples: Credit Agreement (Oge Energy Corp.), Credit Agreement (Oklahoma Gas & Electric Co), Credit Agreement (Oklahoma Gas & Electric Co)

Termination of Requirement. Cash Collateral collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral cash collateral pursuant to this Section 3.10 2.08(k) following (iA) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (iiB) a the determination by the Administrative Agent and the Issuing Lender Bank that there exists excess Cash Collateralcash collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) provided that, subject to Section 2.242.09, (x) the Person providing Issuing Bank may determine in its sole discretion that cash collateral provided by a Defaulting Lender shall be held to support future anticipated Fronting Exposure or other obligations of such Cash Collateral Defaulting Lender and (y) the Borrower and the Issuing Lender Bank may agree that such Cash Collateral shall not be released but instead cash collateral provided by the Borrower shall be held to support future anticipated Fronting Exposure or other obligations, ; and provided further, further that to the extent that such Cash Collateral cash collateral was provided by the Borrower or any other Loan PartyBorrower, such Cash Collateral cash collateral shall remain subject to any the security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 4 contracts

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

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 2.15 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a the determination by the Administrative Agent and the each Issuing Lender Bank that there exists excess Cash Collateral; provided, however, (Ax) that Cash Collateral furnished by or on behalf of a Loan Credit Party shall not be released during the continuance of an a Default or Event of DefaultDefault (and following application as provided in this Section 2.15 may be otherwise applied in accordance with Section 9.3) but shall be released upon the cure, termination or waiver of such Default or Event of Default in accordance with the terms of this Agreement, and (By) that, subject to Section 2.24, the Person providing such Cash Collateral and the any Issuing Lender Bank or Swingline Lender, as applicable, may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Orion Group Holdings Inc), Credit Agreement (FutureFuel Corp.), Credit Agreement (FutureFuel Corp.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower Borrowers or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 4 contracts

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

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 2.15 and shall be released to the Borrowers (or Defaulting Lender, if applicable) following (ia) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (iib) a the determination by the Administrative Agent and the each Issuing Lender Bank that there exists excess Cash Collateral; provided, however, (Ai) that Cash Collateral furnished by or on behalf of a Loan Party Borrower shall not be released during the continuance of an Event Unmatured Default or Default (and following application as provided in this Section 2.15 may be otherwise applied in accordance with Section 7.2) but shall be released upon the cure, termination or waiver of Defaultsuch Unmatured Default or Default in accordance with the terms of this Agreement, and (Bii) that, subject to Section 2.24, the Person providing such Cash Collateral and any Issuing Bank or the Issuing Lender Swingline Lender, as applicable, may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management Agreement.

Appears in 4 contracts

Samples: Credit Agreement (Protective Life Insurance Co), Credit Agreement (Protective Life Insurance Co), Credit Agreement (Protective Life Insurance Co)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 2.15 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a the determination by the Administrative Agent and the Issuing Lender Bank that there exists excess Cash Collateral; provided, however, provided that (Ax) that Cash Collateral furnished by or on behalf of a Loan Credit Party shall not be released during the continuance of an a Default or Event of DefaultDefault (and following application as provided in this Section 2.15 may be otherwise applied in accordance with Section 9.3) but shall be released upon the cure, termination or waiver of such Default or Event of Default in accordance with the terms of this Agreement, and (By) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender Bank may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management Agreement.

Appears in 4 contracts

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

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management Agreement.. 3.11

Appears in 3 contracts

Samples: Credit Agreement (Brilliant Earth Group, Inc.), Credit Agreement (Brilliant Earth Group, Inc.), Credit Agreement (Privia Health Group, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender Agent’s good faith determination that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 3 contracts

Samples: Credit Agreement (Carbonite Inc), Credit Agreement (Monotype Imaging Holdings Inc.), Credit Agreement (Carbonite Inc)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent Agent’s and the Issuing Lender Lender’s determination that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 3 contracts

Samples: Guarantee and Collateral Agreement (RhythmOne PLC), Credit Agreement (Organogenesis Holdings Inc.), Credit Agreement (Silver Spring Networks Inc)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 2.15 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a the determination by the Administrative Agent and the each Issuing Lender Bank that there exists excess Cash Collateral; provided, however, (Ax) that Cash Collateral furnished by or on behalf of a Loan Credit Party shall not be released during the continuance of an a Default or Event of DefaultDefault (and following application as provided in this Section 2.15 may be otherwise applied in accordance with Section 9.3) but shall be released upon the cure, termination or waiver of such Default or Event of Default in accordance with the terms of this Agreement, and (By) that, subject to Section 2.24, the Person providing such Cash Collateral and the any Issuing Lender Bank or Swingline Lender, as applicable, may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management Agreement.. Section 2.16

Appears in 3 contracts

Samples: Credit Agreement (Orion Group Holdings Inc), Credit Agreement (Orion Group Holdings Inc), Credit Agreement (Orion Group Holdings Inc)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.242.17, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 3 contracts

Samples: Credit Agreement (Fusion-Io, Inc.), Credit Agreement (Radisys Corp), Credit Agreement (Radisys Corp)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a good faith determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 3 contracts

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

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 2.15 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a the determination by the Administrative Agent and the Issuing Lender Bank that there exists excess Cash Collateral; provided, however, (Ax) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an a Default or Event of DefaultDefault (and following application as provided in this Section 2.15 may be otherwise applied in accordance with Section 9.3) but shall be released upon the cure, termination or waiver of such Default or Event of Default in accordance with the terms of this Agreement, and (By) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender Bank or Swing Line Lender, as applicable, may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management Agreement.

Appears in 3 contracts

Samples: Credit Agreement (AdaptHealth Corp.), Credit Agreement (AdaptHealth Corp.), Credit Agreement (AdaptHealth Corp.)

Termination of Requirement. Cash Collateral collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral cash collateral pursuant to this Section 3.10 2.08(k) following (iA) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (iiB) a the determination by the Administrative Agent and the Issuing Lender Bank that there exists excess Cash Collateralcash collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) provided that, subject to Section 2.242.09, (x) the Person providing Issuing Bank may determine in its sole discretion that cash collateral provided by a Defaulting Lender shall be held to support future anticipated Fronting Exposure or other obligations of such Cash Collateral Defaulting Lender and (y) the Borrower and the Issuing Lender Bank may agree that such Cash Collateral shall not be released but instead cash collateral provided by the Borrower shall be held to support future anticipated Fronting Exposure or other obligations, ; and provided further, further that to the extent that such Cash Collateral cash collateral was provided by the Borrower or any other Loan PartyBorrower, such Cash Collateral cash collateral shall remain subject to any other security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 3 contracts

Samples: Credit Agreement (Fortis Minerals, LLC), Credit Agreement (Fortis Minerals, Inc.), Credit Agreement (Chaparral Energy, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 2.15 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a the determination by the Administrative Agent and the Issuing Lender Bank that there exists excess Cash Collateral; provided, however, (Ax) that Cash Collateral furnished by or on behalf of a Loan Credit Party shall not be released during the continuance of an a Default or Event of DefaultDefault (and following application as provided in this Section 2.15 may be otherwise applied in accordance with Section 9.3) but shall be released upon the cure, termination or waiver of such Default or Event of Default in accordance with the terms of this Agreement, and (By) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender Bank or Swingline Lender, as applicable, may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management Agreement.. Section 2.16

Appears in 2 contracts

Samples: Credit Agreement (Physicians Realty Trust), Credit Agreement (Physicians Realty L.P.)

Termination of Requirement. Cash Collateral collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank's Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral cash collateral pursuant to this Section 3.10 2.08(k) following (iA) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (iiB) a the determination by the Administrative Agent and the Issuing Lender Bank that there exists excess Cash Collateralcash collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) provided that, subject to Section 2.242.09, (x) the Person providing Issuing Bank may determine in its sole discretion that cash collateral provided by a Defaulting Lender shall be held to support future anticipated Fronting Exposure or other obligations of such Cash Collateral Defaulting Lender and (y) the Borrower and the Issuing Lender Bank may agree that such Cash Collateral shall not be released but instead cash collateral provided by the Borrower shall be held to support future anticipated Fronting Exposure or other obligations, ; and provided further, further that to the extent that such Cash Collateral cash collateral was provided by the Borrower or any other Loan PartyBorrower, such Cash Collateral cash collateral shall remain subject to any other security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 2 contracts

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

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including or any applicable Cash Management AgreementBank Services Agreement or FX Contract.

Appears in 2 contracts

Samples: Credit Agreement (Extreme Networks Inc), Credit Agreement (Extreme Networks Inc)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 2 contracts

Samples: Credit Agreement (K2m Group Holdings, Inc.), Credit Agreement (K2m Group Holdings, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s or the Swing Line Lender’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 2.17 following (iA) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), ) or (iiB) a the determination by the Administrative Agent Agent, the applicable Issuing Bank or the Swing Line Lender and the Issuing Lender Borrower (each such determination not to be unreasonably withheld, conditioned or delayed) that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) provided that, subject to the other provisions of this Section 2.242.17, the Person providing such Cash Collateral and the applicable Issuing Lender Bank or the Swing Line Lender, as the case may be, may agree that such the Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and ; provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan PartyBorrower, such Cash Collateral shall remain subject to any the security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Milan Laser Inc.), Credit and Guaranty Agreement (Milan Laser Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s or Swingline Lender’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 2.15 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a the determination by the Administrative Agent and the Issuing Bank and Swingline Lender that there exists excess Cash Collateral; provided, however, (Ax) that Cash Collateral furnished by or on behalf of a Loan Credit Party shall not be released during the continuance of an a Default or Event of DefaultDefault (and following application as provided in this Section 2.15 may be otherwise applied in accordance with Section 10.3) but shall be released upon the cure, termination or waiver of such Default or Event of Default in accordance with the terms of this Agreement, and (By) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender Bank or Swingline Lender, as applicable, may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (Guardian Pharmacy Services, Inc.), Loan and Security Agreement (Guardian Pharmacy Services, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 2.15 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a the determination by the Administrative Agent and the Issuing Lender Bank that there exists excess Cash Collateral; provided, however, (Ax) that Cash Collateral furnished by or on behalf of a Loan Credit Party shall not be released during the continuance of an Event of DefaultDefault (and following application as provided in this Section 2.15 may be otherwise applied in accordance with Section 9.3) but shall be released upon the cure, termination or waiver of such Event of Default in accordance with the terms of this Agreement, and (By) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender Bank or the Swingline Lender, as applicable, may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Sun Communities Inc), Credit Agreement (Sun Communities Inc)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 2.15 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a the determination by the Administrative Agent and the Issuing Lender Bank that there exists excess Cash Collateral; provided, however, provided that (Ax) that Cash Collateral furnished by or on behalf of a Loan Credit Party shall not be released during the continuance of an a Default or Event of DefaultDefault (and following application as provided in this Section 2.15 may be otherwise applied in accordance with Section 9.3) but shall be released upon the cure, termination or waiver of such Default or Event of Default in accordance with the terms of this Agreement, and (By) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender Bank may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management Agreement.. Section 2.16

Appears in 2 contracts

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

Termination of Requirement. Cash Collateral collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral cash collateral pursuant to this Section 3.10 2.08(k) following (iA) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Revolving Credit Lender), or (iiB) a the determination by the Administrative Agent and the Issuing Lender Bank that there exists excess Cash Collateralcash collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) provided that, subject to Section 2.242.09, (x) the Person providing Issuing Bank may determine in its sole discretion that cash collateral provided by a Defaulting Lender shall be held to support future anticipated Fronting Exposure or other obligations of such Cash Collateral Defaulting Lender and (y) the Borrower and the Issuing Lender Bank may agree that such Cash Collateral shall not be released but instead cash collateral provided by the Borrower shall be held to support future anticipated Fronting Exposure or other obligations; and provided, and provided further, that to the extent that such Cash Collateral cash collateral was provided by the Borrower or any other Loan PartyBorrower, such Cash Collateral cash collateral shall remain subject to any other security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 2 contracts

Samples: Credit Agreement (Grizzly Energy, LLC), Credit Agreement (Vanguard Natural Resources, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the L/C Issuer’s Fronting Exposure in respect of Letters of Credit or to secure other Obligations obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 released promptly following (i) the elimination of the applicable Fronting Exposure and or other Obligations obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable LenderLender (or, as appropriate, its assignee following compliance with Section 11.06(b)(vi)), or (ii) a the determination by the Administrative Agent and the Issuing Lender L/C Issuer that there exists excess Cash Collateral; provided, provided however, (Ax) that any such release shall be without prejudice to, and any disbursement or other transfer of Cash Collateral furnished by or on behalf shall be and remain subject to, any other Lien conferred under the Loan Documents and the other applicable provisions of a the Loan Party shall not be released during the continuance of an Event of DefaultDocuments, and (By) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender L/C Issuer may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, further that to the extent that such Cash Collateral was provided by the Borrower or any other Loan PartyBorrower, such Cash Collateral shall remain subject to any the security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 1 contract

Samples: Credit Agreement (Wageworks, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral sf-3193689 furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.242.18, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including or any applicable Cash Management Bank Services Agreement.

Appears in 1 contract

Samples: Credit Agreement (Mattson Technology Inc)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be ​ ​ ​ required to be held as Cash Collateral pursuant to this Section 3.10 2.15 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a the determination by the Administrative Agent and the each Issuing Lender Bank that there exists excess Cash Collateral; provided, however, (Ax) that Cash Collateral furnished by or on behalf of a Loan Credit Party shall not be released during the continuance of an a Default or Event of DefaultDefault (and following application as provided in this Section 2.15 may be otherwise applied in accordance with Section 9.3) but shall be released upon the cure, termination or waiver of such Default or Event of Default in accordance with the terms of this Agreement, and (By) that, subject to Section 2.24, the Person providing such Cash Collateral and the any Issuing Lender Bank or Swingline Lender, as applicable, may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management Agreement.

Appears in 1 contract

Samples: Credit Agreement (Orion Group Holdings Inc)

Termination of Requirement. Cash Collateral collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral cash collateral pursuant to this Section 3.10 2.08(k) following (iA) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Revolving Credit Lender), or (iiB) a the determination by the Administrative Agent and the Issuing Lender Bank that there exists excess Cash Collateralcash collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) provided that, subject to Section 2.242.09, (x) the Person providing Issuing Bank may determine in its sole discretion that cash collateral provided by a Defaulting Lender shall be held to support future anticipated Fronting Exposure or other obligations of such Cash Collateral Defaulting Lender and (y) the Borrower and the Issuing Lender Bank may agree that such Cash Collateral shall not be released but instead cash collateral provided by the Borrower shall be held to support future anticipated Fronting Exposure or other obligations, ; and provided further, further that to the extent that such Cash Collateral cash collateral was provided by the Borrower or any other Loan PartyBorrower, such Cash Collateral cash collateral shall remain subject to any other security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 1 contract

Samples: Credit Agreement (Chaparral Energy, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 2.15 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a the determination by the Administrative Agent and the each Issuing Lender Bank that there exists excess Cash Collateral; provided, however, (Ax) that Cash Collateral furnished by or on behalf of a Loan Party Borrower shall not be released during the continuance of an a Default or Event of DefaultDefault (and following application as provided in this Section 2.15 may be otherwise applied in accordance with Section 8.3) but shall be released upon the cure, termination or waiver of such Default or Event of Default in accordance with the terms of this Agreement, and (By) that, subject to Section 2.24, the Person providing such Cash Collateral and the any Issuing Lender Bank or Swingline Lender, as applicable, may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management Agreement.

Appears in 1 contract

Samples: Credit Agreement (Heckmann CORP)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any LC Issuer’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 2.20(m) following (iA) the elimination of the applicable such Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (iiB) a the determination by the Administrative Agent and the Issuing Lender each LC Issuer that there exists Cash Collateral in excess of the amount required to be maintained pursuant to the terms of this Agreement, in which case, such Cash Collateral; provided, however, Collateral (in the case of clause (A) that Cash Collateral furnished by above) or on behalf excess amounts (in the case of a Loan Party shall not be released during the continuance of an Event of Default, and clause (B) above), as applicable, shall be returned to the Borrower upon its request therefor to the extent such Cash Collateral was provided by the Borrower; provided that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead in excess of such Fronting Exposure at any time shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementObligations.

Appears in 1 contract

Samples: Revolving Credit Agreement (Enable Midstream Partners, LP)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 2.15 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a the determination by the Administrative Agent and the each Issuing Lender Bank that there exists excess Cash Collateral; provided, however, (Ax) that Cash Collateral furnished by or on behalf of a Loan Credit Party shall not be released during the continuance of an a Default or Event of DefaultDefault (and following application as provided in this Section 2.15 may be otherwise applied in accordance with Section 9.3) but shall be released upon the cure, termination or waiver of such Default or Event of Default in accordance with the terms of this Agreement, and (By) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender Bank or Swingline Lender, as applicable, may agree agree, in its sole discretion, that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management Agreement.

Appears in 1 contract

Samples: Credit Agreement (Neogenomics Inc)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the a Revolving Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 1 contract

Samples: Credit Agreement (Ultra Clean Holdings Inc)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Lender’s or any Swingline Lender’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 2.19(b) following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender)) with respect to Letters of Credit and Swingline Advances, or (ii) a the determination by the Administrative Agent Agent, each Swingline Lender and the each Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) provided that, subject to Section 2.24, the Person providing such Cash Collateral Collateral, the Issuing Lenders and the Issuing Lender Swingline Lenders may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, ; and provided furtherfurther that, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan PartyBorrower, such Cash Collateral shall remain subject to any the security interest and Lien granted pursuant to the Loan Credit Documents including any if a Security Event has occurred to the extent required pursuant to the terms of the then applicable Cash Management AgreementSecurity Documents.

Appears in 1 contract

Samples: Credit Agreement (NOW Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 2.10 following (ia) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the 73 applicable Lender), or (iib) a the determination by the Administrative Agent and the such Issuing Lender Bank that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) provided that, subject to Section 2.242.11, the Person providing (x) such Issuing Bank may determine in its sole discretion that Cash Collateral provided by a Defaulting Lender shall be held to support future anticipated Fronting Exposure or other obligations of such Defaulting Lender and (y) the Borrower and such Issuing Lender Bank may agree agree, each in its sole discretion, that such Cash Collateral shall not be released but instead provided by the Borrower shall be held to support future anticipated Fronting Exposure or other obligations, ; and provided further, further that to the extent that such Cash Collateral was provided by the Borrower or any other Loan PartyBorrower, such Cash Collateral shall remain subject to any other security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 1 contract

Samples: Credit Agreement (Comstock Resources Inc)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.242.19, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Specified Cash Management Agreement.

Appears in 1 contract

Samples: Credit Agreement (Pagaya Technologies Ltd.)

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Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent Agent’s and the each Issuing Lender Lender’s determination that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.24, the Person providing such Cash Collateral and the each Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 1 contract

Samples: Credit Agreement (FTC Solar, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure or L/C Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 (and shall be promptly released) following (i) the elimination of the applicable Fronting Exposure, L/C Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable LenderLender or, as appropriate, its assignee), or (ii) a good faith determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure, L/C Exposure or other obligations, and provided provided, further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 1 contract

Samples: Credit Agreement (Gerson Lehrman Group, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.242.25, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 1 contract

Samples: Credit Agreement (Ultra Clean Holdings Inc)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.242.21, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Specified Cash Management Agreement.. 3.11

Appears in 1 contract

Samples: 97570842v91 Credit Agreement (Pagaya Technologies Ltd.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of DefaultDefault or during the Suspension Period, and (B) that, subject to Section 2.242.22, the Person providing such Cash Collateral and the Issuing Lender Lenders may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including or any applicable Cash Management AgreementBank Services Agreement or FX Contract.

Appears in 1 contract

Samples: Credit Agreement (Extreme Networks Inc)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; : provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan PartyParty , such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management Agreement.

Appears in 1 contract

Samples: Credit Agreement (Remitly Global, Inc.)

Termination of Requirement. Cash Collateral collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral cash collateral pursuant to this Section 3.10 2.08(l) following (iA) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (iiB) a the determination by the Administrative Agent and the Issuing Lender Bank that there exists excess Cash Collateralcash collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) provided that, subject to Section 2.242.09, (x) the Person providing Issuing Bank may determine in its sole discretion that cash collateral provided by a Defaulting Lender shall be held to support future anticipated Fronting Exposure or other obligations of such Cash Collateral Defaulting Lender and (y) the Borrower and the Issuing Lender Bank may agree that such Cash Collateral shall not be released but instead cash collateral provided by the Borrower shall be held to support future anticipated Fronting Exposure or other obligations, ; and provided further, further that to the extent that such Cash Collateral cash collateral was provided by the Borrower or any other Loan PartyBorrower, such Cash Collateral cash collateral shall remain subject to any other security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 1 contract

Samples: Credit Agreement (HighPeak Energy, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.242.21, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including or any applicable Cash Management Bank Services Agreement.

Appears in 1 contract

Samples: Credit Agreement (ShoreTel Inc)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce any Issuing Bank’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 2.09 following (ia) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender Bank status of the applicable LenderRevolving Bank), or (iib) a the determination by the Administrative Agent and the such Issuing Lender Bank that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) provided that, subject to Section 2.242.10, the Person providing (x) such Issuing Bank may determine in its sole discretion that Cash Collateral provided by a Defaulting Bank shall be held to support future anticipated Fronting Exposure or other obligations of such Defaulting Bank and (y) the Borrower and such Issuing Lender Bank may agree agree, each in its sole discretion, that such Cash Collateral shall not be released but instead provided by the Borrower shall be held to support future anticipated Fronting Exposure or other obligations, ; and provided further, further that to the extent that such Cash Collateral was provided by the Borrower or any other Loan PartyBorrower, such Cash Collateral shall remain subject to any other security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementPapers.

Appears in 1 contract

Samples: Credit Agreement (Vital Energy, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and or other Obligations obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable LenderLender (or, as appropriate, its assignee following compliance with Section 9.04(b)(v)), or (ii) a the determination by the Administrative Agent and the each Issuing Bank and Swingline Lender that there exists excess Cash Collateral; provided, however, provided that (A) that Cash Collateral furnished by or on behalf of a Loan Party the Borrower shall not be released during the continuance of a Default under paragraph (a), (k) or (l) of Article VII or an Event of Default, Default (and following application as provided in this Section may be otherwise applied in accordance with Article VII) and (B) that, subject to Section 2.242.20, the Person providing such Cash Collateral and the each Issuing Bank and Swingline Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligationsobligations hereunder; provided further that, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan PartyBorrower, such Cash Collateral shall remain subject to any the security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 1 contract

Samples: Credit Agreement (American Realty Capital Global Trust II, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an NY-2355188 Event of Default, and (B) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management Agreement.

Appears in 1 contract

Samples: Credit Agreement (Alkami Technology, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 2.10 following (ia) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (iib) a the determination by the Administrative Agent and the Issuing Lender Bank that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) provided that, subject to Section 2.242.11, (x) the Person providing such Issuing Bank may determine in its sole discretion that Cash Collateral provided by a Defaulting Lender shall be held to support future anticipated Fronting Exposure or other obligations of such Defaulting Lender and (y) the Borrower and the Issuing Lender Bank may agree agree, each in its sole discretion, that such Cash Collateral shall not be released but instead provided by the Borrower shall be held to support future anticipated Fronting Exposure or other obligations, ; and provided further, further that to the extent that such Cash Collateral was provided by the Borrower or any other Loan PartyBorrower, such Cash Collateral shall remain subject to any other security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 1 contract

Samples: Credit Agreement (SM Energy Co)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.242.19, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Specified Cash Management Agreement.. 3.11

Appears in 1 contract

Samples: Credit Agreement (Pagaya Technologies Ltd.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Issuing Bank’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 2.16 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), ) or (ii) a the determination by the Administrative Agent and the Issuing Lender Bank that there exists excess Cash Collateral; provided, howeverprovided that, (Ax) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to the other provisions of this Section 2.242.16, the Person providing such Cash Collateral and the Issuing Lender Bank may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and (y) Cash Collateral shall not be released during the continuance of a Default or Event of Default; provided further, further that to the extent that such Cash Collateral was provided by the Borrower or any other Loan PartyBorrower, such Cash Collateral shall remain subject to any the security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management Agreement.Documents. (c)

Appears in 1 contract

Samples: Credit Agreement (United States Steel Corp)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 2.1.3(l) following (iX) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (iiY) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (AI) that Cash Collateral furnished by or on behalf of a Loan Party Borrower shall not be released during the continuance of an Event of Default, and (BII) that, subject to Section 2.24, that the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, ; and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan PartyBorrower, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 1 contract

Samples: Loan and Security Agreement (Avalara Inc)

Termination of Requirement. Cash Collateral collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral cash collateral pursuant to this Section 3.10 2.08(l) following (iA) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (iiB) a the determination by the Administrative Agent and the Issuing Lender Bank that there exists excess Cash Collateralcash collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) provided that, subject to Section 2.242.11, (x) the Person providing Issuing Bank may determine in its sole discretion that cash collateral provided by a Defaulting Lender shall be held to support future anticipated Fronting Exposure or other obligations of such Cash Collateral Defaulting Lender and (y) the Borrower and the Issuing Lender Bank may agree that such Cash Collateral shall not be released but instead cash collateral provided by the Borrower shall be held to support future anticipated Fronting Exposure or other obligations, ; and provided further, further that to the extent that such Cash Collateral cash collateral was provided by the Borrower or any other Loan PartyBorrower, such Cash Collateral cash collateral shall remain subject to any the security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 1 contract

Samples: Credit Agreement (Energen Corp)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 (and released promptly) following (i) the elimination of the applicable Fronting Exposure and other Obligations obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a good faith determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 1 contract

Samples: Credit Agreement (Global Telecom & Technology, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce the Issuing Bank’s Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 2.15 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a the determination by the Administrative Agent and the Issuing Lender Bank that there exists excess Cash Collateral; provided, however, provided that (Ax) that Cash Collateral furnished by or on behalf of a Loan Credit Party shall not be released during the continuance of an a Default or Event of DefaultDefault (and following application as provided in this Section 2.15 may be otherwise applied in accordance with Section 9.3) but shall be released upon the cure, termination or waiver of such Default or Event of Default in accordance with the terms of this Agreement, and (By) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender Bank or Swingline Lender, as applicable, may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management Agreement.

Appears in 1 contract

Samples: Credit Agreement (Viemed Healthcare, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent Agent’s and the Issuing Lender Lender’s determination that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower Borrowers or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 1 contract

Samples: Credit Agreement (Teladoc, Inc.)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided provided, further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management Agreement.

Appears in 1 contract

Samples: Credit Agreement

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.242.19, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management AgreementDocuments.

Appears in 1 contract

Samples: Credit Agreement (Perficient Inc)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management Agreement.Loan

Appears in 1 contract

Samples: Credit Agreement (Kaltura Inc)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.242.19, the Person providing such Cash Collateral and the Issuing Lender Lenders may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including or any applicable Cash Management AgreementBank Services Agreement or FX Contract.

Appears in 1 contract

Samples: Revolving Credit Agreement (Digi International Inc)

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.24, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management Bank Services Agreement.

Appears in 1 contract

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

Termination of Requirement. Cash Collateral (or the appropriate portion thereof) provided to reduce Fronting Exposure in respect of Letters of Credit or other Obligations shall no longer be required to be held as Cash Collateral pursuant to this Section 3.10 following (i) the elimination of the applicable Fronting Exposure and other Obligations giving rise thereto (including by the termination of the Defaulting Lender status of the applicable Lender), or (ii) a determination by the Administrative Agent and the Issuing Lender that there exists excess Cash Collateral; provided, however, (A) that Cash Collateral furnished by or on behalf of a Loan Party shall not be released during the continuance of an Event of Default, and (B) that, subject to Section 2.242.20, the Person providing such Cash Collateral and the Issuing Lender may agree that such Cash Collateral shall not be released but instead shall be held to support future anticipated Fronting Exposure or other obligations, and provided further, that to the extent that such Cash Collateral was provided by the Borrower or any other Loan Party, such Cash Collateral shall remain subject to any security interest and Lien granted pursuant to the Loan Documents including any applicable Cash Management Agreement.

Appears in 1 contract

Samples: Credit Agreement (UiPath, Inc.)

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