Cash Equivalents

Cash Equivalents. (a) marketable direct obligations with maturities of one year or less from the date of acquisition, issued by or fully guaranteed or insured by (i) the United States Government or any agency or instrumentality thereof or (ii) any member state of the European Union; (b) marketable general obligations issued or fully guaranteed by any state, commonwealth or territory of the United States of America or any political subdivision, agency or taxing authority of any such state, commonwealth or... territory or any public instrumentality thereof or any other foreign government or any agency or instrumentality thereof maturing within one year from the date of acquisition thereof and, at the time of acquisition, which are rated at least A- by S&P or A-1 by Moody's; (c) marketable direct obligations with maturities of one year or less from the date of acquisition, issued by an issuer rated at least A-/A-1 by S&P or A3/P-1 by Moody's; or carrying an equivalent rating by a nationally recognized rating agency, if both of the two named rating agencies cease publishing ratings of investments, and, in either case, maturing within one year from the date of acquisition; (d) certificates of deposit, time deposits, eurodollar time deposits, overnight bank deposits, notes, debt securities, bankers' acceptances and repurchase agreements, in each case having maturities of one year or less from the date of acquisition, issued, and money market deposit accounts issued or offered, by any Lender or by any commercial bank organized under the laws of the United States of America or any state thereof or foreign commercial bank of recognized standing having combined capital and surplus of not less than $100,000,000 or any bank (or the parent company of any such bank) whose short-term commercial paper rating from S&P is at least A-1 or from Moody's is at least P-2 or an equivalent rating from another rating agency; (e) commercial paper of an issuer rated at least A-1 by S&P or P-1 by Moody's, or carrying an equivalent rating by a nationally recognized rating agency, if both of the two named rating agencies cease publishing ratings of investments, and, in either case, maturing within one year from the date of acquisition; (f) repurchase obligations of any Lender or of any commercial bank satisfying the requirements of clause (d) of this definition, having a term of not more than 30 days, with respect to notes or other securities described in clause (a) of this definition; (g) any notes or other debt securities or instruments issued by any Person, (i) the payment and performance of which is premised upon (A) securities issued by any state, commonwealth or territory of the United States of America or any political subdivision or taxing authority of such state, commonwealth or territory or any public instrumentality or agency thereof or any foreign government or (B) loans originated or acquired by any other Person pursuant to a plan or program established by any Governmental Authority that requires the payment of not less than 95% of the outstanding principal amount of such loans to be guaranteed by (1) a specified Governmental Authority or (2) any other Person (provided that all or substantially all of such guarantee payments made by such Person are contractually required to be reimbursed by any other Governmental Authority), (ii) that are rated at least AAA by S&P and Aaa by Moody's and (iii) which are disposed of by the Company or any Subsidiary within one year after the date of acquisition thereof; (h) shares of money market, mutual or similar funds that (i) invest in assets satisfying the requirements of clauses (a) through (g) (or any of such clauses) of this definition, and (ii) have portfolio assets of at least $1,000,000,000; (i) any other Investment which constitutes a "cash equivalent" under GAAP as in effect from time to time; and (j) any other notes, securities or other instruments or deposit-based products consented to in writing by the Administrative Agent. View More

Cash Equivalents. Any of the following, to the extent owned by Guarantor or any of its subsidiaries free and clear of all Liens and having a maturity of not greater than ninety (90) days from the date of issuance thereof: (a) readily marketable direct obligations of the government of the United States or any agency or instrumentality thereof or obligations unconditionally guaranteed by the full faith and credit of the government of the United States, (b) certificates of deposit of or time deposits with Lender... or a member of the Federal Reserve System that issues (or the parent of which issues) commercial paper rated as described in clause (c) below, is organized under the laws of the United states or any State thereof and has combined capital and surplus of at least Five Hundred Million and No/100ths Dollars ($500,000,000.00), (c) commercial paper in an aggregate amount of not more than Fifty Million and No/100ths Dollars ($50,000,000.00) per issuer outstanding at any time, issued by any corporation organized under the laws of any State of the United States and rated at least "Prime-1" (or the then equivalent grade) by Moody's Investors Service, Inc. ("Moody's") or "A-1" (or the then equivalent grade) by Standard & Poor's Ratings Services, a division of the McGraw-Hill Companies, Inc. ("S&P"), (d) repurchase obligations of any commercial bank satisfying the requirements of clause (b) of this definition, having a term of not more than seven days with respect to securities issued or fully guaranteed or insured by the United States Government, (e) securities with maturities of ninety (90) days or less from the date of acquisition issued or fully guaranteed by any state, commonwealth or territory of the United States, by any political subdivision or taxing authority of any such state, commonwealth or territory or by any foreign government, the securities of which state, commonwealth, territory, political subdivision, taxing authority or foreign government (as the case may be) are rated at least "A" by S&P or "A" by Moody's, (f) securities with maturities of ninety (90) days or less from the date of acquisition backed by standby letters of credit issued by any commercial bank satisfying the requirements of clause (b) of this definition or (g) shares of money market mutual or similar funds which invest exclusively in assets satisfying the requirements of clauses (a) through (f) of this definition View More

Cash Equivalents. Investments permitted by Sections 9.05(c) through (f) of the Credit Agreement

Cash Equivalents. Means: (a) U.S. Treasury bills and notes; (b) GNMA securities; (c) debt, securities and obligations either issued by or insured by agencies of the United States of America; (d) commercial paper rated either "A1" or better by S&P or "P1" by Moody's; (e) Dutch Auction Preferred Stocks (DAP) rated either "AA" or better by S&P or "Aa2" or better by Moody's; (f) certificates of deposit and time deposits issued by (i) any Lender (other than a Defaulting Lender) or affiliate thereof or (ii) commercial... banks, savings banks or savings and loan associations whose short-term debt is rated either "A1" or better by S&P or "P1" or better by Moody's, or if such an institution is a subsidiary whose short-term debt is unrated, then its parent corporation must have such a rating; (g) bankers acceptances issued by financial institutions that meet the requirements for certificates of deposit or time deposits; (h) deposits in institutions having the same qualifications required for investments in certificates of deposit or time deposits; (i) repurchase agreements collateralized by any of the items identified in clauses (a) through (h) above; and (j) money market accounts a majority of whose assets are composed of items described by any of the foregoing clauses (a) through (i) through brokerage firms deemed acceptable by Borrower's management. View More

Cash Equivalents. (i) short-term obligations of, or fully guaranteed by, the United States of America, (ii) commercial paper rate A-1 or better by S&P or P-1 or better by Moody's, (iii) demand deposit accounts maintained in the ordinary course of business, (iv) certificates of deposit issued by and time deposits with commercial banks (whether domestic or foreign) having capital and surplus in excess of $100,000,000, provided in each case that the same provides for payment of both principal and interest (and not... principal alone or interest alone) and is not subject to any contingency regarding the payment of principal or interest and (v) money market funds substantially all the assets of which are described in the preceding clauses. View More

Cash Equivalents. Has the meaning specified therefor in the Credit Agreement

Cash Equivalents. (i) direct sovereign obligations of the United States of America (including obligations issued or held in book-entry form on the books of the Department of the Treasury of the United States of America), or obligations, the timely payment of principal and interest of which is fully guaranteed by the United States of America or any agency or instrumentality thereof (provided that the full faith and credit of the United States of America is pledged in support thereof); (ii) interest-bearing demand... or time deposits (including certificates of deposit) which are held in banks which have general obligations rated at least AA or equivalent by S&P or Moody's; (iii) commercial paper rated (on the date of acquisition thereof) at least A-1 or P-1 or equivalent by S&P or Moody's, respectively; (iv) money market funds, so long as such funds are rated Aaa by Moody's and AAA by S&P; (v) floating rate securities whereby the interest rates is indexed to a money market index including Treasury bills, LIBOR, Prime Rate or Federal Funds and which have a rating of AAA by S&P; (vi) bonds and medium term notes, provided such investments have a minimum rating of AA or better by S&P; (vii) bankers acceptances, provided such investments have a minimum rating of AA or better by S&P; (viii) municipal obligations, so long as such funds are rated Aaa by Moody's and AAA by S&P; or (ix) any advances, loans or extensions of credit or any stock, bonds, notes, debentures or other securities as the Collateral Agent may from time to time approve in its sole discretion View More

Cash Equivalents. Shall mean any of the following: (a) securities issued or directly and fully guaranteed or insured by the United States or any agency or instrumentality thereof (provided that the full faith and credit of the United States is pledged in support thereof), (b) securities issued or directly and fully guaranteed or insured by any state of the United States or any political subdivision of any such state and rated at least AA or the equivalent thereof by S&P or at least Aa2 or the equivalent thereof... by Moody's on the date of acquisition, (c) bonds (excluding mortgage-backed securities), notes or other debt obligations issued by private issuers and rated at least AA or the equivalent thereof by S&P or at least Aa2 or the equivalent thereof by Moody's on the date of acquisition, (d) time deposits or certificates of deposit of any commercial bank incorporated under the laws of the United States or any state thereof, having capital and unimpaired surplus in excess of $500,000,000 and whose short-term commercial paper rating at the time of acquisition is at least A-1 or the equivalent thereof by S&P or at least P-1 or the equivalent thereof by Moody's (any such bank, an "Approved Bank") on the date of acquisition, with such deposits or certificates having maturities of not more than one (1) year from the date of acquisition, (e) repurchase agreements entered into by any Person with a bank or trust company (including Wells Fargo Bank, National Association) or recognized securities dealer having capital and surplus in excess of $500,000,000 for underlying securities of the types described in clauses (a) and (d) above, (f) commercial paper or finance company paper issued by any Person incorporated under the laws of the United States or any state thereof and rated at least A-1 or the equivalent thereof by S&P or at least P-1 or the equivalent thereof by Moody's on the date of acquisition, and in each case maturing not more than one (1) year after the date of acquisition, and (g) investments in money market funds that are registered under the Investment Company Act, which have net assets of at least $1,000,000,000 and at least 85% of whose assets consist of securities and other obligations of the type described in clauses (a) through (f) above. All such Cash Equivalents must be denominated solely for payment in Dollars. View More

Cash Equivalents. At least 75% cash and Cash Equivalents

Cash Equivalents. Means (1) any investment in time deposits, demand deposits, certificates of deposit or money market deposits maturing on or before the Conditions Precedent Date, that are either (a) entitled to U.S. Federal deposit insurance for the full amount thereof; (b) maintained by the Escrow Agent or an Affiliate thereof with earnings based on the daily federal funds effective rate as determined by the Federal Reserve Bank of New York and insured by the German Deposit Scheme or (c) issued by a bank or... trust company that is organized under the laws of the United States of America or any state thereof having capital in excess of $500.0 million, so long as such investment is convertible into cash on not more than one Business Day's notice or (2) money market funds registered under the Investment Company Act of 1940, whose shares are registered under the Securities Act and rated "AAAm" or "AAAm-G" by S&P and "Aaa" by Moody's, including any mutual fund for which the Escrow Agent or any of its Affiliates serves as investment manager, administrator, shareholder servicing agent, and/or custodian. The Escrow Agent may purchase from or sell to itself or an Affiliate, as principal or agent, securities herein authorized. All Cash Equivalents will be purchased in the name of the Escrow Agent and credited to the Escrow Account. View More