Guarantor’s Financial Covenants. The failure of Guarantor to at all times maintain (a) a Tangible Net Worth of not less than Five Million Dollars ($5,000,000.00) and (b) Cash Liquidity Balances of not less than Five Hundred Thousand Dollars ($500,000.00), and the continuation of such failure for ten (10) days after receipt of notice thereof from Lender.
Guarantor’s Financial Covenants. Guarantor shall provide, or cause to be provided, to Landlord the following financial statements and information, all of which must be in a form reasonably acceptable to Landlord:
Guarantor’s Financial Covenants. The Borrower shall procure that the Guarantor shall at all times during the Facility Period:
Guarantor’s Financial Covenants. At any time during the Facility Period, the Borrower shall procure that on a consolidated basis:-
Guarantor’s Financial Covenants. So long as any Bank shall have any Commitments hereunder, or any Loan or other Obligations shall remain unpaid or unsatisfied, unless the Majority Banks waive compliance in writing:
Guarantor’s Financial Covenants. 12.3.1 Throughout the Facility Period the Guarantor shall:-
Guarantor’s Financial Covenants. 12.3.1 Unless otherwise agreed by an Instructing Group, throughout the Facility Period the Guarantor shall:-
Guarantor’s Financial Covenants. Borrower shall not permit the violation by Guarantor of any of the Guarantor’s Financial Covenants.
Guarantor’s Financial Covenants. Guarantor represents and warrants to, and covenants with Lender that as of the date hereof and until such time as the Obligations under the Security Instrument shall be satisfied in full, Guarantor shall, at all times, maintain (a) a net worth equal to or greater than the lesser of (I) that amount which is the then-existing outstanding principal balance of the Loan or (II) $20,000,000.00 ("Minimum Net Worth"), as determined by Lender in accordance with Exhibit A hereof, and (b) Liquid Assets (as defined below) which are unencumbered by third party security interests (whether in favor of Lender or anyone else) and as to which there are no restrictions upon the use thereof) of not less than the less or (I) that amount which is 10% of the then-existing outstanding principal balance of the Loan or (II) $2,000,000.00 ("Minimum Liquidity Standard"), as determined by Lender in Lender's sole discretion. As used herein, "Liquid Assets" shall mean assets in the form of cash, cash equivalents, obligations of (or fully guaranteed as to principal and interest by) the United States or any agency or instrumentality thereof (provided the full faith and credit of the United States supports such obligation or guarantee) having a maturity of not more than one year and certificates of deposit (with a maturity of two years or less) issued by a commercial bank reasonably satisfactory to Lender and having net assets of at least $500,000,000.00, and publicly traded or registered shares of any Person listed on the New York Stock Exchange, NASDAQ or other nationally or internationally recognized stock exchange. Guarantor shall provide satisfactory evidence, such as Guarantor's balance sheet certified by an officer of Guarantor, to Lender annually to establish compliance with the Minimum Net Worth and Minimum Liquidity Standard. Notwithstanding anything herein to the contrary, the determination of Guarantor's Minimum Net Worth shall include the amount of Guarantor's Liquid Assets.
Guarantor’s Financial Covenants. If, in the reasonable opinion of the Facility Agent (acting on the instructions of the Lenders), the Guarantor, in the context of a financing made or to be made available to a member of the Group or otherwise, agrees with any third party financial covenants which:
