Additional Availability the receipt by the Borrowers after the Fourth Amendment Effective Date of at least Cdn$3,000,000 of additional cash from new financings or Additional Subordinated Debt, or from cash equity contributions, in each case, acceptable to the Agents and Lenders. Additional Subordinated Debt - such secured Debt incurred by any Loan Party pursuant to Section 10.2.1(l) that is expressly subordinated to the Full Payment of the Obligations on terms and conditions and pursuant to a Subordination Agreement in form, scope and substance satisfactory to the Agents and the Required Lenders.
Additional Availability. After giving effect to all Revolving Credit Loans made on the Effective Date and the Letters of Credit issued on such date, (i) the aggregate Availability shall not be less than $10,000,000, and (ii) all liabilities of the Borrower shall be current. The Borrower shall deliver to the Agent a certificate of the chief financial officer of the Borrower certifying as to the matters set forth in clauses (i) and (ii) of this Section 5.01(i) and containing the calculations thereof.
Additional Availability. On the earlier of (i) the date on which the Lenders make the initial Loan under this Agreement or (ii) the date on which the Borrower obtains the issuance of the initial Letter of Credit under this Agreement (excluding any Existing Letters of Credit), after giving effect to all Loans made on such date, the Letters of Credit issued on such date and all Existing Letters of Credit, the Availability shall not be less than $15,000,000 and the Borrower shall deliver to the Agent a certificate of the Designated Financial Officer of the Borrower certifying that the Availability is not less than $15,000,000 and containing the calculation thereof. Any oral or written request by the Borrower for any Credit Extension hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in this Section 5.02 have been satisfied as of the date of such request. Failure of the Agent to receive notice from the Borrower to the contrary before such Credit Extension is made shall constitute a further representation and warranty by the Borrower that the conditions set forth in this Section 5.02 have been satisfied as of the date of such Credit Extension.
Additional Availability. After giving effect to all the Loans made and Letters of Credit issued on the Closing Date, (i) the Availability shall be at least $25,000,000 in the aggregate on the Closing Date and (ii) all obligations of the Borrowers shall be current. The Borrowers shall deliver to the Agent a certificate of the Designated Financial Officer of the Administrative Borrower certifying as to the matters set forth in clauses (i) and (ii) above and containing the calculations thereof.
Additional Availability. The following aggregate amounts (including ----------------------- all advances previously made under the Agreement) shall be added to Section 1.1.4 of the Agreement: December 16, 2004 $1,255,000.00 January 13, 2005 $1,355,000.00
Additional Availability. After giving effect to all Credit Extensions made on the Closing Date (i) the Availability shall not be less than $35,000,000 (but assuming for purposes of this paragraph 5.01(1) that the Activated Revolving Credit Commitments were $100,000,000 on the Closing Date) and (ii) all liabilities of the Borrower and its Subsidiaries shall be current in accordance with the Borrower's customary business practices. The Borrower shall deliver to the Agent a certificate of the Designated Financial Officer certifying as to the matters set forth in this paragraph 5.01(l).
Additional Availability. The Revolving Advance Increased Amount shall not be available for borrowing hereunder unless the proceeds of Term Loan B have been advanced to the Borrower by Term Loan B Lenders.
Additional Availability. (a) The following aggregate amounts (including all advances previously made under the Agreement) shall be added to Section 1.1.7 of the Agreement, but never in excess of the Borrowing Base (as hereinafter defined) (the "Additional Amounts"): Closing of this Amendment $ 450,000 (the "FIRST DISBURSEMENT") ------------------ November 16, 2004 $ 125,000 November 22, 2004 $ 150,000 November 30, 2004 $ 62,500 December 6, 2004 $ 200,000 December 16, 2004 $ 62,500 December 20, 2004 $ 200,000 TOTAL $1,250,000
(b) The Initial Transaction Costs up to and including $25,000 and the Placement Fee shall be deducted from the First Disbursement.
(c) The First Disbursement shall not be disbursed until after the payment of the Placement Fee and the initial Transaction Costs (in accordance with Section 2(b)), and unless and until Borrowers deliver to Lender the following documents set forth on SCHEDULE 2(C) hereto.
Additional Availability. On the earlier of (i) the date on which the Lenders make the initial Loan under this Agreement or (ii) the date on which the Borrower obtains the issuance of the initial Letter of Credit under this Agreement (excluding any Existing Letters of Credit), after giving effect to all Loans made on such date, the Letters of Credit issued on such date and all Existing Letters of Credit, the Availability shall not be less than $1,000,000 and the Borrower shall deliver to the Agent a certificate of the Designated Financial Officer of the Borrower certifying that the Availability is not less than $1,000,000 and containing the calculation thereof.
Additional Availability. Notwithstanding any other provision of ----------------------- this Agreement, Agent and Lenders agree to provide additional availability under the Borrowing Base to the Borrowers on the Closing Date and thereafter in an amount equal to $1,250,000 (the 37 "Additional Amount"), based upon, among other reasons, Agent's receipt at Closing of certificates of title and other acceptable documentation for Vehicles which are titled in states in which the Agent's security interest, on behalf of itself and Lenders, will not be perfected until the appropriate Governmental Authority of such state has indicated on the certificate of title that Agent is a lienholder. As such certificates of title are received by the Agent evidencing that the appropriate Governmental Authority of such state has indicated on such certificates of title that the Agent is the lienholder for such Vehicles or to the extent that Agent perfects a security interest in other Vehicles which were not included in the Borrowing Base on the Closing Date and constitute Eligible Vehicles after the Closing Date, the Additional Amount will be reduced by an amount equal to the increase in the Borrowing Base resulting from Agent's perfection of its security interest in such Vehicles. On the Closing Date, the closing fee payable to KPS will be reduced by $1,250,000. If and when the Additional Amount is reduced to zero pursuant to the terms of the second sentence of this Section 5.12, KPS will be paid the $1,250,000 by which its ------------ closing fee was reduced on the Closing Date notwithstanding Section 6.14 or any other provision of this Agreement.
