The Cash Collateral Clause Samples

The Cash Collateral. The Prepetition Collateral includes cash collateral within the meaning of section 363(a) of the Bankruptcy Code. Any cash and cash equivalent proceeds of the Prepetition Collateral, including any cash and cash equivalent proceeds located in deposit or securities accounts subject to control agreements or otherwise, are cash collateral of the Prepetition Secured Creditors within the meaning of section 363(a) of the Bankruptcy Code. Except as otherwise specifically provided for herein, cash collateral of any of the Prepetition Secured Creditors within the meaning of section 363(a) of the Bankruptcy Code (including, without limitation, all proceeds of Prepetition Collateral) is collectively referred to herein as “Cash Collateral”.

The Cash Collateral a first lien and exclusive pledge and assignment of, and security interest in, all Permits and Contracts, as more particularly provided for in the Collateral Assignment of Permits and Contracts; and (d) in the event that, at any time during the Term, Lessee holds the fee title to or a leasehold interest in any real property and/or personal property which is used as an integral part of the operation of the Leased Property (but is not subject to this Lease), Lessee shall (i) provide Lessor with prior notice of such acquisition and (ii) shall take such actions and enter into such agreements as Lessor shall reasonably request in order to ▇▇▇▇▇ ▇▇▇▇▇▇ a first priority mortgage or other security interest in such real property and personal property, subject only to the Permitted Encumbrances and other Liens reasonably acceptable to Lessor. Without limiting the foregoing, it is acknowledged and agreed that all revenues generated from the operation of such additional real property shall be included in the determination of Gross Revenues (subject to such adjustments as agreed upon hereunder). Notwithstanding the foregoing, Lessor shall subordinate its security interest in Receivables to a prior security interest to secure a working capital line as provided in Section 6.1.3. 36

The Cash Collateral. All funds of the Debtors (including any funds of the Debtors on deposit at the Pre-Petition Secured Lenders or at any other institution) as of the Petition Date are cash collateral of the Pre-Petition Secured Lenders within the meaning of Section 363(a) of the Code. In addition, all cash proceeds of Pre-Petition Collateral received after the Petition Date are cash collateral of the Pre-Petition Secured Lenders within the meaning of Section 363(a) of the Code. Furthermore, to the extent, as of the Petition Date, any funds were on deposit with the Pre-Petition Secured Lenders, such funds were subject to rights of set-off. By virtue of such set-off rights, such funds are subject to a lien in favor of such Pre-Petition Secured Lenders pursuant to Sections 506(a) and 553 of the Code. The Pre-Petition Secured Lenders are obligated, to the extent provided for in the Existing Agreements, to share the benefit of such liens with the other Pre-Petition Secured Lenders party to such Existing Agreements based upon their respective PRO RATA shares of the obligations under such Existing Agreements. All such cash collateral (including without limitation, funds subject to such setoff rights) are referred to herein as "CASH COLLATERAL."

The Cash Collateral. The Borrower hereby irrevocably authorizes the Lender at any time to file in any relevant jurisdiction any financing statements and amendments thereto that contain the information required by Article 9 of the UCC of each applicable jurisdiction including any financing or continuation statements or other documents for the purpose of perfecting, enforcing or protecting the security interest granted by the Borrower hereunder, without the signature of the Borrower where permitted by law. The Borrower agrees to provide all information required by the Lender pursuant to this Section or otherwise contain herein promptly to the Lender as Lender may reasonably request. The Lender agrees to provide Borrower a copy of all such statements and amendments as Borrower may reasonably request.

The Cash Collateral. All of the Loan Party Debtors’ cash, including, without limitation, all cash and other amounts from time to time on deposit or maintained by the Loan Party Debtors in any account or accounts with any Prepetition Secured Lender and any cash proceeds of the disposition of any Prepetition Collateral, constitute proceeds of the Prepetition Collateral and, therefore, are cash collateral of the Prepetition Secured Lenders within the meaning of section 363(a) of the Bankruptcy Code (the “Cash Collateral”).

The Cash Collateral. To the extent any funds were on deposit with any Pre-Petition Secured Lender as of the Petition Date, including, without limitation, all funds deposited in, or credited to, an account of any Debtor with any Pre-Petition Secured Lender immediately prior to the filing of the Debtors’ bankruptcy petitions (the “Petition Time”) (regardless of whether, as of the Petition Time, such funds had been collected or made available for withdrawal by any such Debtor), and such funds (the “Deposited Funds”) are subject to rights of setoff, by virtue of such setoff rights, the Deposited Funds are subject to a lien in favor of such Pre-Petition Secured Lenders pursuant to sections 506(a) and 553 of the Bankruptcy Code. The Pre-Petition Secured Lenders are obligated, to the extent provided in the Existing Agreements, to share the benefit of such liens and setoff rights with the other Pre-Petition Secured Lenders party to such Existing Agreements. Any proceeds of the Pre-Petition Collateral (including the Deposited Funds or any other funds on deposit at the Pre-Petition Secured Lenders or at any other institution as of the Petition Date) are cash collateral of the Pre-Petition Secured Lenders within the meaning of section 363(a) of the Bankruptcy Code. The Deposited Funds and all such proceeds of Pre-Petition Collateral are referred to herein as “Cash Collateral.”