Amount of Revolving Advances. Subject to the terms and conditions set forth in this Agreement including Section 2.1(b), each Lender, severally and not jointly, will make Revolving Advances to Borrowers in aggregate amounts outstanding at any time equal to such Lender's Commitment Percentage of the lesser of (x) the Maximum Revolving Advance Amount less the sum of (i) the aggregate Maximum Undrawn Amount of outstanding Letters of Credit, plus (ii) the aggregate amount of outstanding Swing Loans and (y) an amount equal to the sum of: (i) subject to the provisions of Section 2.1(b) hereof, up to eighty-five percent (85%) ("Receivables Advance Rate") of Eligible Receivables, plus (ii) subject to the provisions of Section 2.1(b) hereof, up to the lesser of (A) the sum of (y) up to eighty percent (80%) ("Rental Fleet Advance Rate (NBV)") of the net book value of the Eligible Rental Fleet Inventory, and (z) up to eighty percent (80%) ("Other Inventory Advance Rate (NBV)") of the net book value of the Eligible Other Inventory, and (B) the sum of (y) (I) from the Closing Date through and including June 30, 2011, up to ninety percent (90%), (II) from July 1, 2011 through and including June 30, 2012, up to eighty-five percent (85%), and (III) from July 1, 2012 and thereafter, up to eighty percent (80%) (collectively, the "Rental Fleet Advance Rate (NOLV)") of the Net Orderly Liquidation Value of the Eligible Rental Fleet Inventory, and (z) (I) from the Closing Date through and including June 30, 2011, up to ninety percent (90%), (II) from July 1, 2011 through and including June 30, 2012, up to eighty-five percent (85%), and (III) from July 1, 2012 and thereafter, up to eighty percent (80%) (collectively, the "Other Inventory Advance Rate (NOLV)") of the Net Orderly Liquidation Value of the Eligible Other Inventory , plus
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (General Finance CORP)
Amount of Revolving Advances. Subject to the terms and conditions set forth in this Agreement including Section 2.1(b), each Lender, severally and not jointly, will make Revolving Advances to Borrowers in aggregate amounts outstanding at any time equal to such Lender's Commitment Percentage of the lesser of (x) the Maximum Revolving Advance Amount less the sum of (i) the aggregate Maximum Undrawn Amount of outstanding Letters of Credit, plus (ii) the aggregate amount of outstanding Swing Loans and (y) an amount equal to the sum of:
(i) subject to the provisions of Section 2.1(b) hereof, up to eighty-five percent (85%) ("Receivables Advance Rate") of Eligible Receivables, plus
(ii) subject to the provisions of Section 2.1(b) hereof, up to the lesser of (A) the sum of (y) up to eighty percent (80%) ("Rental Fleet Advance Rate (NBV)") of the net book value of the Eligible Rental Fleet Inventory, and (z) up to eighty percent (80%) ("Other Inventory Advance Rate (NBV)") of the net book value of the Eligible Other Inventory, and (B) the sum of (y) (I) from the Closing Date through and including June 30, 2011, up to ninety percent (90%), (II) from July 1, 2011 through and including June 30, 2012, up to eighty-five percent (85%), and (III) from July 1, 2012 and thereafter, up to eighty percent (80%) (collectively, the "Rental Fleet Advance Rate (NOLV)") of the Net Orderly Liquidation Value of the Eligible Rental Fleet Inventory, and (z) (I) from the Closing Date through and including June 30, 2011, up to ninety percent (90%), (II) from July 1, 2011 through and including June 30, 2012, up to eighty-five percent (85%), and (III) from July 1, 2012 and thereafter, up to eighty percent (80%) (collectively, the "Other Inventory Advance Rate (NOLV)") of the Net Orderly Liquidation Value of the Eligible Other Inventory , plus
(iii) subject to the provisions of Section 2.1(b) hereof, up to the least of (A) the sum of (w) up to fifty percent (50%) ("Tractor Advance Rate (NBV)") of the net book value of Eligible Tractor Equipment, (x) up to fifty percent (50%) ("Rolling Stock Equipment Advance Rate (NBV)") of the net book value of Eligible Rolling Stock Equipment, (y) up to fifty percent (50%) ("Branch-Use Advance Rate (NBV)") of the net book value of Eligible Branch-Use Equipment, and (z) up to fifty percent (50%) ("Step Inventory Advance Rate (NBV)") of the net book value of Eligible Step Inventory, (B) the sum of (x) up to eighty-five percent (85%) ("Tractor Advance Rate (NOLV)") of the Net Orderly Liquidation Value of Eligible Tractor Equipment, (y) up to eighty-five (85%) ("Rolling Stock Equipment Advance Rate (NOLV)") of the Net Orderly Liquidation Value of Eligible Rolling Stock Equipment and (z) up to eighty-five (85%) ("Branch-Use Advance Rate (NOLV)") of the Net Orderly Liquidation Value of Branch-Use Equipment, and (C) Two Million and 00/100 Dollars ($2,000,000.00), minus
(iv) the aggregate Maximum Undrawn Amount of all outstanding Letters of Credit, minus
(v) the aggregate amount of outstanding Swing Loans, minus
(vi) the Availability Block, minus
(vii) such reserves as Agent may reasonably deem proper and necessary from time to time. The amount derived from (x) the sum of Sections 2.1(a)(y)(i), (ii) and (iii), minus (y) Section 2.1(a)(y)(iv), (v), (vi) and (vii), at any time and from time to time shall be referred to as the "Formula Amount". The Revolving Advances shall be evidenced by one or more secured promissory notes (collectively, the "Revolving Credit Note") substantially in the form attached hereto as Exhibit 2.1(a).
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (General Finance CORP)
Amount of Revolving Advances. Subject to the terms and conditions set forth in this Agreement Agreement, including Section 2.1(b), each Lender, severally and not jointly, will make Revolving Advances to Borrowers in aggregate amounts outstanding at any time equal to such Lender's ’s Commitment Percentage of the lesser of (x) the applicable Maximum Revolving Advance Amount at such time, less the sum of (i) the aggregate Maximum Undrawn Amount of all outstanding Letters of Credit, plus (ii) the aggregate amount of outstanding Swing Loans and Credit or (y) an amount equal to the sum of:
(i) up to 85%, subject to the provisions of Section 2.1(b) (“Receivables Advance Rate”), of Eligible Receivables, plus
(ii) up to the lesser of (A) 60%, subject to the provisions of Section 2.1(b) hereof, up to eighty-five percent of the value of the Eligible Inventory (85%) ("“Inventory Advance Rate” and together with the Receivables Advance Rate", collectively, the “Advance Rates”), (B) 85% of the appraised net orderly liquidation value of Eligible ReceivablesInventory (as evidenced by an Inventory appraisal satisfactory to Agent in its discretion, plus
reasonably exercised) or (iiC) subject to the provisions of Section 2.1(b) hereofapplicable Inventory Sublimit (provided, up to the lesser of that (A) the sum amount of Eligible ATS Inventory included in this clause (yii) up to eighty percent (80%) ("Rental Fleet Advance Rate (NBV)") of the net book value of the Eligible Rental Fleet Inventory, and (z) up to eighty percent (80%) ("Other Inventory Advance Rate (NBV)") of the net book value of the Eligible Other Inventory, shall not exceed $7,000,0009,000,000 and (B) the sum amount of Eligible Work In Process Inventory included in this clause (yii) shall not exceed $1,000,000), plus
(iii) with respect to each fiscal year of the Borrowers, during the respective period set forth below for such fiscal year, the amount applicable to such period January $9,000,0008,000,000 February $10,000,00011,000,000 March $11,000,00014,000,000 June $14,000,00011,000,000 July $11,000,0008,000,000 August 1 through 1531 $8,000,000 plus (iv) the Temporary Equipment Line, minus
(iv) (Iv) from the Closing Date through and including June 30aggregate Maximum Undrawn Amount of all outstanding Letters of Credit, 2011, up to ninety percent (90%), (II) from July 1, 2011 through and including June 30, 2012, up to eighty-five percent (85%), and (III) from July 1, 2012 and thereafter, up to eighty percent (80%) (collectively, the "Rental Fleet Advance Rate (NOLV)") of the Net Orderly Liquidation Value of the Eligible Rental Fleet Inventory, and (z) (I) from the Closing Date through and including June 30, 2011, up to ninety percent (90%), (II) from July 1, 2011 through and including June 30, 2012, up to eighty-five percent (85%), and (III) from July 1, 2012 and thereafter, up to eighty percent (80%) (collectively, the "Other Inventory Advance Rate (NOLV)") of the Net Orderly Liquidation Value of the Eligible Other Inventory , plusminus
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Virco MFG Corporation)
Amount of Revolving Advances. Subject to the terms and conditions set forth in this Agreement Agreement, including Section 2.1(b), each Lender, severally and not jointly, will make Revolving Advances to Borrowers in aggregate amounts outstanding at any time equal to such Lender's ’s Commitment Percentage of the lesser of (x) the applicable Maximum Revolving Advance Amount at such time, less the sum of (i) the aggregate Maximum Undrawn Amount of all outstanding Letters of Credit, plus (ii) the aggregate amount of outstanding Swing Loans and Credit or (y) an amount equal to the sum of:
(i) up to 85%, subject to the provisions of Section 2.1(b) (“Receivables Advance Rate”), of Eligible Receivables, plus
(ii) up to the lesser of (A) 60%, subject to the provisions of Section 2.1(b) hereof, up to eighty-five percent of the value of the Eligible Inventory (85%) ("“Inventory Advance Rate” and together with the Receivables Advance Rate", collectively, the “Advance Rates”), (B) 85% of the appraised net orderly liquidation value of Eligible ReceivablesInventory (as evidenced by an Inventory appraisal satisfactory to Agent in its discretion, plus
reasonably exercised) or (iiC) subject to the provisions of Section 2.1(b) hereofapplicable Inventory Sublimit (provided, up to the lesser of that (A) the sum amount of Eligible ATS Inventory included in this clause (yii) up to eighty percent (80%) ("Rental Fleet Advance Rate (NBV)") of the net book value of the Eligible Rental Fleet Inventory, and (z) up to eighty percent (80%) ("Other Inventory Advance Rate (NBV)") of the net book value of the Eligible Other Inventory, shall not exceed $7,000,000 and (B) the sum amount of Eligible Work In Process Inventory included in this clause (yii) shall not exceed $1,000,000), plus
(Iiii) from with respect to each fiscal year of the Closing Date Borrowers, during the respective period set forth below for such fiscal year, the amount applicable to such period Period Amount March $ 6,000,000 April $ 10,000,000 May $ 12,000,000 June 1st through and including June 30July 15th $ 6,000,000
(iv) the aggregate Maximum Undrawn Amount of all outstanding Letters of Credit, 2011, up to ninety percent (90%), (II) from July 1, 2011 through and including June 30, 2012, up to eighty-five percent (85%), and (III) from July 1, 2012 and thereafter, up to eighty percent (80%) (collectively, the "Rental Fleet Advance Rate (NOLV)") of the Net Orderly Liquidation Value of the Eligible Rental Fleet Inventory, and (z) (I) from the Closing Date through and including June 30, 2011, up to ninety percent (90%), (II) from July 1, 2011 through and including June 30, 2012, up to eighty-five percent (85%), and (III) from July 1, 2012 and thereafter, up to eighty percent (80%) (collectively, the "Other Inventory Advance Rate (NOLV)") of the Net Orderly Liquidation Value of the Eligible Other Inventory , plusminus
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Virco MFG Corporation)