Cash Management Services. [[Organization A:Organization]] may use availability hereunder up to the Cash Management Sublimit for [[Organization B:Organization]]'s cash management services, which may include merchant services, direct deposit of payroll, business credit card, and check cashing services identified in various cash management services agreements related to such services (the "Cash Management Services"). The entire Cash Management Sublimit will be treated as an Advance for purposes of determining availability under the Domestic Credit Limit and shall decrease, on a dollar-for-dollar basis, the amount available for other Advances. The Cash Management Services shall be subject to additional terms set forth in applicable cash management services agreements.
Payments Received In the Cash Management Account. Notwithstanding anything to the contrary contained in this Agreement and the other Loan Documents, and provided no Event of Default has occurred and is continuing, ’s obligations with respect to the payment of the Monthly Debt Service Payment Amount and amounts due for the Reserve Funds and any other reserves established pursuant to this Agreement or any other Loan Document shall be deemed satisfied to the extent sufficient amounts are deposited in the Cash Management Account to satisfy such obligations on the dates each such payment is required, regardless of whether any of such amounts are so applied by the Cash Management Bank, so long as ’s access to such funds is not obstructed or interfered with in any way by the activities of any Restricted Party or their Affiliates, or the Cash Management Bank, or by any action or proceeding affecting any of them or the Property.
Cash Deferral Account. A cash deferral account (the "Cash Deferral Account") shall be established and maintained by the Company for each Participant that makes a cash deferral election under the Plan. Each Cash Deferral Account shall be credited as of the date the amount deferred otherwise would have become due and payable to the Participant and shall be credited to reflect the interest return thereon until paid. The establishment and maintenance of such Cash Deferral Accounts, however, shall not be construed as entitling any Participant to any specific assets of the Company and shall represent an unfunded and unsecured promise of the Company with respect to the amounts due thereunder.
Deferred Cash Account. “Deferred Cash Account” means the bookkeeping subaccount established and maintained under this Plan and which is valued in accordance with Section 5(a), and which is maintained solely to calculate amounts payable to each Participant under this Plan and shall not constitute a separate fund of assets.
Deferred Cash Account. Each Participant’s Deferred Cash Account shall accrue interest computed using the Fidelity Investments Money Market Government Portfolio - Institutional Class. The interest shall be computed on the actual balance in each Participant’s Deferred Cash Account during the previous calendar quarter.
Cash Collateral Account. At any time and from time to time # after the occurrence and during the continuance of an Event of Default, the Administrative , at the direction or with the consent of the Required Lenders, may require the , to deliver to the Administrative such amount of cash as is equal to 103% of the aggregate Stated Amount of all Letters of Credit at any time outstanding (whether or not any beneficiary under any Letter of Credit shall have drawn or be entitled at such time to draw thereunder) and # in the event of a prepayment under Section 2.07(b)(iv) or to the extent any amount of a required prepayment under any of [Sections 2.07(b)(i) through 2.07(b)(iii)] remains after prepayment of all outstanding Loans and Letter of Credit Obligations and termination of the Commitments, as contemplated by Section 2.07(d), the Administrative will retain such amount as may then be required to be retained, such amounts in each case under [clauses (i) and (ii) above] to be held by the Administrative in a Cash Collateral Account. The hereby grants (or, if registration thereof is required in any applicable jurisdiction, shall grant) to the Administrative , for the benefit of the Issuing Banks and the Lenders, a Lien upon and security interest in the Cash Collateral Account and all amounts held therein from time to time as security for Letter of Credit Usage, and for application to the ’s Letter of Credit Obligations as and when the same shall arise. The Administrative shall have exclusive dominion and control, including the exclusive right of withdrawal, over such account. Other than any interest on the investment of such amounts in Cash Equivalents, which investments shall be made at the direction of the (unless an Event of Default shall have occurred and be continuing, in which case the determination as to investments shall be made at the option and in the discretion of the Administrative ), amounts in the Cash Collateral Account shall not bear interest. Interest and profits, if any, on such investments shall accumulate in such account. In the event of a drawing, and subsequent payment by the applicable Issuing Bank, under any Letter of Credit at any time during which any amounts are held in the Cash Collateral Account, the Administrative will deliver to such Issuing Bank an amount equal to the Reimbursement Obligation created as a result of such payment (or, if the amounts so held are less than such Reimbursement Obligation, all of such amounts) to reimburse such Issuing Bank therefor. Any amounts remaining in the Cash Collateral Account after the expiration of all Letters of Credit and reimbursement in full of each Issuing Bank for all of its obligations thereunder shall be held by the Administrative , for the benefit of the , to be applied against the Obligations in such order and manner as the Administrative may direct. If the is required to provide Cash Collateral pursuant to this [Section 2.04(l)], such amount (to the extent not applied as aforesaid) shall be returned to the on demand, provided that after giving effect to such return # the sum of # the aggregate principal dollar amount of all Revolving Loans outstanding at such time and # the aggregate Letter of Credit Usage at such time would not exceed the aggregate Revolving Commitments at such time and # no Event of Default shall have occurred and be continuing at such time. If the is required to provide Cash Collateral pursuant to [Sections 2.07(b)(i) through 2.07(b)(ii)], as contemplated by Section 2.07(d), such amount shall be returned to the on demand; provided that, after giving effect to such return, all outstanding Letters of Credit shall have expired and each Issuing Bank shall have been reimbursed in full for all of its obligations thereunder. If the is required to provide Cash Collateral as a result of an Event of Default, such amount (to the extent not applied as aforesaid) shall be returned to the within three Business Days after all Events of Default have been cured or waived.
Cash Management Services Sublimit. Co-Borrowers may use up to of the Revolving Line for Banks cash management services which may include merchant services, direct deposit of payroll, business credit card, and check cashing services identified in Banks various cash management services agreements (collectively, the Cash Management Services). Any amounts Bank pays on behalf of Co-Borrowers for any Cash Management Services will be treated as Advances under the Revolving Line and will accrue interest at the interest rate applicable to Advances.
Cash Management Services Etc. Commencing with the date that is six months after the Effective Date (or such longer period as Lender may agree in its discretion), Borrower and its Wholly-Owned Subsidiaries (other than Foreign Subsidiaries) shall obtain substantially all of their cash management services from Lender other than # nominal amounts of cash, # Restricted cash, # cash required to be maintained at [[Subsidiary Guarantor:Person]]s in order to (but only to the extent required to) maintain capital or net worth requirements imposed on such [[Subsidiary Guarantor:Person]]s by governmental authorities due to the regulated nature of such [[Subsidiary Guarantor:Person]]s’ operations, # payroll accounts, and # local checking accounts and other operating cash accounts for local offices provided that the funds in such accounts shall not at any time exceed $250,000 in the aggregate.
The Borrowers shall establish and maintain a segregated Eligible Account (the “Cash Management Account”) with the Cash Management Bank, which Cash Management Account shall be under the sole dominion and control of the Agent and shall be governed by the Cash Management Agreement. The Cash Management Account shall initially be entitled “Plymouth MWG Holdings LLC, for the benefit of , as administrative agent, and its successors and/or assigns – Cash Management Account”; provided that the Agent shall have the right, upon notice to Cash Management Bank and the Borrowers, to change the title of the Cash Management Account. The Borrowers # hereby grant to the Agent, for the benefit of Lender, a first priority security interest in the Cash Management Account and all deposits at any time contained therein and the proceeds thereof, and # will take all actions necessary to maintain in favor of the Agent a perfected first priority security interest in the Cash Management Account, including, without limitation, executing and filing UCC-1 Financing Statements and continuations thereof. The Borrowers will notify the Agent promptly of the account number and any other relevant information concerning the Cash Management Account and will not in any way alter or modify the Cash Management Account or the terms on which it is being maintained except with the Agent’s prior consent. The Agent shall have the sole right to make withdrawals from the Cash Management Account and all costs and expenses for establishing and maintaining the Cash Management Account shall be paid by the Borrowers.
any material breach of the Cash Management Provisions resulting in the failure to # open the Lockbox Account, # deliver the Lockbox Agreement, # open the Cash Management Account, # deliver the Cash Management Agreement or # deposit Rents into the Lockbox Account.
AllDrafts is a cloud-based editor designed specifically for contracts. With automatic formatting, a massive clause library, smart redaction, and insanely easy templates, it’s a welcome change from Word.
And AllDrafts generates clean Word and PDF files from any draft.