Equipment Utilization Agreement definition

Equipment Utilization Agreement means the Equipment Utilization Agreement dated September 7, 2011, by and among the Surety, the Indemnitors and Bank of America, N.A., as Administrative Agent, as the same may be amended, restated, supplemented, modified or replaced from time to time.

Equipment Utilization Agreement means the Equipment Utilization Agreement, dated as of the date hereof, among the Borrower, certain Subsidiaries of the Borrower as indemnitors, the Administrative Agent and Zurich, as surety thereunder, as may be amended, restated, supplemented or otherwise modified from time to time in accordance with the terms thereof.

Equipment Utilization Agreement means (i) that certain Equipment Utilization Agreement entered into by and among Administrative Borrower, Travelers Casualty and Surety Company of America and Co-Collateral Agents, dated as of September 15, 2014, (ii) that certain Equipment Utilization Agreement entered into by and among Administrative Borrower, Liberty Mutual Insurance Company and Co-Collateral Agents, dated as of January 30, 2015 and (iii) any other equipment utilization agreement or similar agreement, contract, undertaking or instrument entered into among any Borrower, Co-Collateral Agents and any other Person that may issue to any Borrower surety bonds or other instruments or suretyship, in form and substance satisfactory to Co-Collateral Agents in their sole discretion.

Examples of Equipment Utilization Agreement in a sentence

• Before the Purchase Agreement, the Bonds were secured by an Agreement of Indemnity and an Equipment Utilization Agreement executed by Great Lakes, NASDI Holdings, NASDI and Yankee.

• The Bonds were secured by an Agreement of Indemnity and an Equipment Utilization Agreement previously executed by Great Lakes, NASDIHoldings, NASDI and Yankee in favor of Zurich.

• Zurich consented to release Great Lakes, NASDI Holdings, NASDI and Yankee from their obligations under their prior Agreement of Indemnity and Equipment Utilization Agreement with respect to certain bonds, including but not limited to the Bonds, and agreed to maintain the Bonds, but did so in exchange for three new agreements.

• GLDD Bonding Agreements means the GIA as subsequently modified, amended, supplemented or replaced, including but not limited to the Rider dated June 4, 2012, and all underlying and related agreements and modifications of agreements, including the Equipment Utilization Agreement dated June 4, 2012 and the Lender-Surety Agreement dated June 4, 2012.

More Definitions of Equipment Utilization Agreement

Equipment Utilization Agreement means the Equipment Utilization Agreement, dated as of September 7, 2011, among the Borrower, Great Lakes and the other Subsidiaries of the Borrower, the Administrative Agent and Zurich American Insurance Company, Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company and American Guarantee and Liability Insurance, as sureties thereunder, substantially in the form delivered to the Administrative Agent on September 7, 2011, and as may be amended from time to time to join additional indemnitors thereunder.

Equipment Utilization Agreement means the Equipment Utilization Agreement, dated as of the date hereof, among the Borrower, certain Subsidiaries of the Borrower as indemnitors, Wells Fargo Bank, National Association, as Administrative Agent under the Existing Credit Agreement and Zurich, as surety thereunder, as may be amended, restated, supplemented or otherwise modified in writing from time to time in accordance with the terms thereof.

Equipment Utilization Agreement as currently defined in Section 1.01 of the Credit Agreement is hereby deleted in its entirety and replaced with the following:

Equipment Utilization Agreement in the GIA is deleted in its entirety and replaced with the following new definition of “Equipment Utilization Agreement”:

Equipment Utilization Agreement means that certain Equipment Utilization Agreement entered into by and among Administrative Borrower, Travelers Casualty and Surety Company of America and Co-Collateral Agents, dated as of September 15, 2014.

Equipment Utilization Agreement means any Equipment Utilization Agreement substantially in the form attached hereto as Exhibit F entered into by the Collateral Agent at the request of a Surety pursuant to Section 14.11(c).

Equipment Utilization Agreement means the Equipment Utilization Agreement dated June 4, 2012, by and among the Surety, the Indemnitors and Wells Fargo Bank, N.A., as Administrative Agent, as the same may be amended, restated, supplemented, modified or replaced from time to time.