Crack Spread Hedging Cash Collateral definition

Crack Spread Hedging Cash Collateral means cash deposited by the Borrower or its Affiliates with, or for the benefit of, (a) the Crack Spread Hedging Counterparty as support for the Borrower’s obligations under the Crack Spread Hedging Agreement or (b) the issuer of the Crack Spread Hedging Support LC as support for the Borrower’s obligations under the Crack Spread Hedging Support LC as the account party thereunder; provided, that the total amount of such cash shall not exceed the lesser of (i) $50,000,000, or (ii) the sum of (1) the net proceeds retained by the Borrower from issuance of the Notes following repayment of the Term Loan Facility and (2) cash collateral contributed for such purpose by Parent and its Affiliates (other than Holdings and its subsidiaries, except to the extent such cash collateral was originally contributed to Holdings or its subsidiaries by Parent and its Affiliates (other than Holdings and its subsidiaries)).
Crack Spread Hedging Cash Collateral means not more than $50,000,000 in cash or Cash Equivalents deposited by or on behalf of the Company or any Guarantor with, or for the benefit of, one or more Crack Spread Hedging Secured Parties, together with all interest and income thereon (so long as such interest and income has not been withdrawn from a Crack Spread Hedging Cash Collateral Account in payment thereof to the Company or any Guarantor) and all products and proceeds thereof, and all securities, security entitlements, investment property and financial assets arising therefrom; provided, that the aggregate amount of such cash or Cash Equivalents that is permitted to be so deposited to secure obligations of the Company and such Guarantors (i) under all Permitted Crack Spread Hedge Agreements shall be reduced by the aggregate amount of Crack Spread Hedging Cash Collateral deposited to support reimbursement obligations under outstanding Crack Spread Hedging Support LCs and (ii) in respect of Permitted Debt described in clause (9)(a) of the definition thereof shall not exceed 105% of the aggregate face amount of all Crack Spread Hedging Support LCs.
Crack Spread Hedging Cash Collateral means not more than $50,000,000 in cash deposited by the Company with, or for the benefit of, (a) the Crack Spread Hedging Counterparty as support for the Company’s obligations under the Crack Spread Hedging Agreement or (b) the issuer of the Crack Spread Hedging Support LC as support for the Company’s obligations under the Crack Spread Hedging Support LC as the account party thereunder. Crack Spread Hedging Counterparty: Credit Suisse Energy LLC, or any successor or assignee thereof that becomes a party to the Crack Spread Hedging Agreement. Crack Spread Hedging Support LC: a letter of credit in a face amount of not more than $50,000,000 issued for the benefit of the Crack Spread Hedging Counterparty as support for the Company’s obligations under the Crack Spread Hedging Agreement. CWA: the Clean Water Act (33 U.S.C. §§ 1251 et seq.).

Examples of Crack Spread Hedging Cash Collateral in a sentence

  • The Unwind Proceeds and the released Crack Spread Hedging Cash Collateral delivered to the Administrative Agent for application to the outstanding Loans as provided above will be deemed to be prepayments pursuant to Section 2.12 and will be applied, first, pro rata to the remaining scheduled installments of principal due in 2009 and, thereafter, pro rata to the remaining scheduled installments of principal due in respect of the Loans on and after March 31, 2010 under Section 2.11.

  • Basic Views on Eliminating Anti-Social Forces It is NTT’s basic view that, in accordance with the NTT Group Corporate Ethics Charter, all officers and employees, including in Japan and overseas, not only must carefully observe laws and regulations, social norms, and company rules, but must act with the highest possible level of ethical standards in both public and private.

  • In no event shall any such amounts be payable out of the Unwind Proceeds that are payable to the Lenders as provided above or out of the Crack Spread Hedging Cash Collateral.

  • The Borrowers shall also cause the Crack Spread Hedging Counterparty to promptly, and in any event within 3 Business Days of the Second Amendment Date (but in any event not later than the same day as the Borrowers would have otherwise been entitled to receive such amounts absent this Section 10.1.9), pay the Crack Spread Hedging Cash Collateral directly to the Term Loan Agent to be applied in accordance with the Term Loan Agreement (as amended by the Term Loan First Amendment).

  • Borrowers shall request in writing and otherwise take all necessary steps to ensure that all payments on Accounts or otherwise relating to ABL Priority Collateral, including any proceeds thereof, are made directly to an Approved Deposit Account (other than the Crack Spread Hedging Cash Collateral Account, any Proceeds Collateral Account, the ECF Payment Account and the Note Proceeds Account) or a Dominion Account (or a lockbox relating to such Approved Deposit Account or Dominion Account).

  • Each Borrower shall be the sole account holder of each Deposit Account (other than the Proceeds Collateral Account and the Crack Spread Hedging Cash Collateral Account) and shall not allow any other Person (other than Agent, the Note Collateral Agent or, with respect to the Crack Spread Hedging Cash Collateral Account, any Crack Spread Hedging Secured Party) to have control over a Deposit Account or any Property deposited therein.

  • Holdings and each Borrower authorizes and directs each bank or other depository to deliver to Agent, on a daily basis and otherwise pursuant to instructions of Agent, all balances in each Deposit Account maintained by Holdings or such Borrower with such depository (other than the Crack Spread Hedging Cash Collateral Account, the ECF Payment Account and the Note Proceeds Account), for application to the Obligations then outstanding.

  • At any time, the Standards Committee may question any of thepeople involved or any of the witnesses.3If the Member disagrees with any relevant fact in the investigation report, without having given prior notice of the disagreement, he or she must give good reasons for not mentioning it before the hearing.

  • Any such net proceeds may only be used by the Company for deposit as Crack Spread Hedging Cash Collateral, for transfer to a Dominion Account or to repay Loans and for no other purposes; provided, that if there are no Obligations outstanding, the Company may use such net proceeds for general working capital and other lawful corporate purposes.


More Definitions of Crack Spread Hedging Cash Collateral

Crack Spread Hedging Cash Collateral shall be as defined in the Intercreditor Agreement.
Crack Spread Hedging Cash Collateral means not more than $50,000,000 in cash or Cash Equivalents (as defined in the Indenture as in effect on the date hereof) deposited by or on behalf of the Borrower or any other Grantor with, or for the benefit of, (a) a Crack Spread Hedging Counterparty as support for the Borrower’s or other Grantor’s obligations under the Crack Spread Hedging Agreement or (b) a Crack Spread Hedging Support LC Issuer as support for the Borrower’s or such other Grantor’s obligations as the account party thereunder, together with all interest thereon (so long as such interest has not been withdrawn from a Crack Spread Hedging Cash Collateral Account in payment thereof to the Borrower or any other Grantor) and all products and Proceeds thereof, and all Securities, Security Entitlements, Investment Property and Financial Assets arising therefrom; provided, that the aggregate amount of such cash or Cash Equivalents that is permitted to be so deposited to secure obligations of the Borrower and such Grantors (i) under all Crack Spread Hedging Agreements shall be reduced by the aggregate amount of Crack Spread Hedging Cash Collateral deposited to support Crack Spread Hedging LC Obligations and (ii) in respect of Permitted Debt (as defined in the Indenture as in effect on the date hereof) described in clause (9)(a) of the definition thereof shall not exceed 105% of the aggregate face amount of all Crack Spread Hedging Support LCs.
Crack Spread Hedging Cash Collateral means not more than $50,000,000 in cash deposited by the Borrower with, or for the benefit of, (a) the Crack Spread Hedging Counterparty as support for the Borrower’s obligations under the Crack Spread Hedging Agreement or (b) the issuer of the Crack Spread Hedging Support LC as support for the Borrower’s obligations under the Crack Spread Hedging Support LC as the account party thereunder.

Related to Crack Spread Hedging Cash Collateral

  • Net Hedging Obligations means, as of any date, the Termination Value of any such Hedging Agreement on such date.

  • Class A Cash Collateral Account means, in respect of the Class A Liquidity Facility, an Eligible Deposit Account in the name of the Subordination Agent maintained at an Eligible Institution, which shall be the Subordination Agent if it so qualifies, into which amounts shall be deposited as referred to in Section 3.05(f).

  • Secured Cash Management Obligations means Obligations under Secured Cash Management Agreements.

  • L/C Cash Collateral Account means an account of the Borrower to be maintained with the Administrative Agent, in the name of the Administrative Agent and under the sole control and dominion of the Administrative Agent and subject to the terms of this Agreement.

  • Revolving Credit Obligations means, at any particular time, the sum of (i) the outstanding principal amount of the Revolving Loans at such time, plus (ii) the outstanding principal amount of the Swing Line Loans at such time, plus (iii) the outstanding L/C Obligations at such time.

  • Bank Product Collateralization means providing cash collateral (pursuant to documentation reasonably satisfactory to Agent) to be held by Agent for the benefit of the Bank Product Providers (other than the Hedge Providers) in an amount determined by Agent as sufficient to satisfy the reasonably estimated credit exposure with respect to the then existing Bank Product Obligations (other than Hedge Obligations).

  • Hedge Collateral Defined in Section 5.3(b).

  • Hedge Breakage Costs means, for any Hedge Transaction, any amount payable by the Borrower for the early termination of that Hedge Transaction or any portion thereof.

  • Letter of Credit Usage means, as of any date of determination, the aggregate undrawn amount of all outstanding Letters of Credit.

  • Secured Hedging Obligations means all Hedging Obligations owing by the U.S. Borrower or any Restricted Subsidiary to the Agent, a Joint Lead Arranger, Co-Documentation Agent or any Affiliate of any of the foregoing or a Person that was a Lender or an Affiliate of a Lender on the Closing Date or at the time the Hedge Agreement giving rise to such Hedging Obligations was entered into.

  • Rate Hedging Obligations of a Person means any and all obligations of such Person, whether absolute or contingent and howsoever and whensoever created, arising, evidenced or acquired (including all renewals, extensions and modifications thereof and substitutions therefor), under (a) any and all Rate Hedging Agreements, and (b) any and all cancellations, buy backs, reversals, terminations or assignments of any Rate Hedging Agreement.

  • Letter of Credit Cash Collateral Account means a blocked deposit account at Bank of America with respect to which Borrower hereby grants a security interest in such account to Administrative Agent for and on behalf of Lenders as security for Letter of Credit Usage and with respect to which Borrower agrees to execute and deliver from time to time such documentation as Administrative Agent may reasonably request to further assure and confirm such security interest.

  • Swap Agreement Obligations means any and all obligations of the Loan Parties and their Subsidiaries, whether absolute or contingent and howsoever and whensoever created, arising, evidenced or acquired (including all renewals, extensions and modifications thereof and substitutions therefor), under (a) any Swap Agreement permitted hereunder with a Lender or an Affiliate of a Lender, and (b) any cancellations, buy backs, reversals, terminations or assignments of any Swap Agreement transaction permitted hereunder with a Lender or an Affiliate of a Lender.

  • Cash Collateral shall have a meaning correlative to the foregoing and shall include the proceeds of such cash collateral and other credit support.

  • Required Cash Collateral Amount shall have the meaning provided in Section 3.7(c).

  • Interest Swap and Hedging Obligation means any obligation of any Person pursuant to any interest rate swap agreement, interest rate cap agreement, interest rate collar agreement, interest rate exchange agreement, currency exchange agreement or any other agreement or arrangement designed to protect against fluctuations in interest rates or currency values, including, without limitation, any arrangement whereby, directly or indirectly, such Person is entitled to receive from time to time periodic payments calculated by applying either a fixed or floating rate of interest on a stated notional amount in exchange for periodic payments made by such Person calculated by applying a fixed or floating rate of interest on the same notional amount.

  • Hedging Obligation of any Person means any obligation of such Person pursuant to any Interest Rate Agreement, Currency Exchange Protection Agreement or any other similar agreement or arrangement.

  • Bank Product Reserve means the aggregate amount of reserves established by the Administrative Agent from time to time in its Permitted Discretion in respect of Secured Bank Product Obligations.

  • Credit Obligations means all present and future liabilities, obligations and Indebtedness of the Company, any of its Subsidiaries or any other Obligor owing to the Agent or any Buyer (or any Affiliate of a Buyer) under or in connection with this Agreement or any other Transaction Document.

  • Currency Hedge Obligations means, at any time as to any Person, the obligations of such Person at such time that were incurred in the ordinary course of business pursuant to any foreign currency exchange agreement, option or futures contract or other similar agreement or arrangement designed to protect against or manage such Person’s or any of its Subsidiaries’ exposure to fluctuations in foreign currency exchange rates.

  • Hedging Obligations means, with respect to any specified Person, the obligations of such Person under:

  • Defaulting Lender Fronting Exposure means, at any time there is a Defaulting Lender, (a) with respect to the Issuing Bank, such Defaulting Lender’s Applicable Percentage of the outstanding Letter of Credit obligations other than Letter of Credit obligations as to which such Defaulting Lender’s participation obligation has been reallocated to other Lenders or cash collateralized in accordance with the terms hereof, and (b) with respect to the Swingline Lender, such Defaulting Lender’s Applicable Percentage of Swingline Loans other than Swingline Loans as to which such Defaulting Lender’s participation obligation has been reallocated to other Lenders or cash collateralized in accordance with the terms hereof.

  • Refinancing Revolving Commitments means one or more Classes of commitments in respect of Revolving Loans hereunder that result from a Refinancing Amendment.

  • Swap Exposure means, as at any relevant date, the amount certified by the Swap Bank to the Agent to be the aggregate net amount in Dollars which would be payable by the Borrower to the Swap Bank under (and calculated in accordance with) section 6(e) (Payments on Early Termination) of the Master Agreement if an Early Termination Date had occurred on the relevant date in relation to all continuing Designated Transactions entered into between the Borrower and the Swap Bank;

  • L/C Obligations means, as at any date of determination, the aggregate amount available to be drawn under all outstanding Letters of Credit plus the aggregate of all Unreimbursed Amounts, including all L/C Borrowings. For purposes of computing the amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.06. For all purposes of this Agreement, if on any date of determination a Letter of Credit has expired by its terms but any amount may still be drawn thereunder by reason of the operation of Rule 3.14 of the ISP, such Letter of Credit shall be deemed to be “outstanding” in the amount so remaining available to be drawn.