Common use of Availability Reserves Clause in Contracts

Availability Reserves. All Revolving Loans otherwise available to Borrower pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability Reserves.

Appears in 25 contracts

Samples: Loan and Security Agreement (Inyx Inc), Loan and Security Agreement (Lamaur Corp), Loan and Security Agreement (Browne Bottling Co)

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Availability Reserves. All Revolving Loans otherwise available to Borrower Borrowers pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability Reserves.

Appears in 6 contracts

Samples: Loan and Security Agreement (Clean Harbors Inc), Loan and Security Agreement (Nutritional Sourcing Corp), Loan and Security Agreement (Go Video Inc)

Availability Reserves. All Revolving Loans otherwise available to Borrower pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability Reserves.

Appears in 3 contracts

Samples: Loan and Security Agreement (Dsi Toys Inc), Loan and Security Agreement (Vector Group LTD), Loan and Security Agreement (Cerplex Group Inc/De)

Availability Reserves. All Revolving Loans otherwise available to --------------------- Borrower pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability Reserves.

Appears in 3 contracts

Samples: Loan and Security Agreement (Quadrax Corp), Loan and Security Agreement (Nei Webworld Inc), Receivable Financing Agreement (Keystone Consolidated Industries Inc)

Availability Reserves. All Revolving Loans and Letter of Credit Accommodation otherwise available to any Borrower pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability Reserves. Lender shall give Borrowers' Representative notice of any Availability Reserve as promptly as practicable after it is established or revised.

Appears in 3 contracts

Samples: Loan and Security Agreement (Atlantic Express Transportation Corp), Loan and Security Agreement (Atlantic Express Transportation Corp), Loan and Security Agreement (Atlantic Express Transportation Corp)

Availability Reserves. All Revolving Loans otherwise available to any Borrower pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability ReservesReserves as provided herein.

Appears in 2 contracts

Samples: Loan and Security Agreement (LSB Industries Inc), Loan and Security Agreement (LSB Industries Inc)

Availability Reserves. All Revolving Loans and Letters of Credit otherwise available to Borrower pursuant to the lending formulas formula(s) or sublimits, and subject to the Maximum Credit Amount and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability Reserves.

Appears in 2 contracts

Samples: Loan Agreement (Andataco Inc), Loan Agreement (Stevens International Inc)

Availability Reserves. All Revolving Loans otherwise available to Borrower pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's ’s continuing right to establish and revise Availability Reserves.

Appears in 2 contracts

Samples: Loan and Security Agreement (Vector Group LTD), Loan and Security Agreement (Vector Group LTD)

Availability Reserves. All Revolving Loans otherwise available to Borrower Borrowers pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability Reserves.

Appears in 2 contracts

Samples: Loan and Security Agreement (G&g Retail Inc), Loan and Security Agreement (Play by Play Toys & Novelties Inc)

Availability Reserves. All Revolving Loans otherwise available to Borrower Borrowers pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability ReservesReserves in accordance with the terms set forth in the definition of such term.

Appears in 2 contracts

Samples: Loan and Security Agreement (Waxman Industries Inc), Loan and Security Agreement (Waxman Industries Inc)

Availability Reserves. All Revolving Loans otherwise available to Borrower pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability ReservesReserves in a manner consistent with the terms set forth in the definition of such term.

Appears in 1 contract

Samples: Loan and Security Agreement (Startec Global Communications Corp)

Availability Reserves. All Revolving Loans and Letters of Credit otherwise available to Borrower pursuant to the lending formulas formulas, sublimits and subject to the Maximum Credit Amount, and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability Reserves.

Appears in 1 contract

Samples: Loan Agreement (Iomega Corp)

Availability Reserves. All Revolving Loans otherwise available to Borrower pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability ReservesReserves in a manner consistent with the criteria and conditions included in the definition thereof.

Appears in 1 contract

Samples: Loan and Security Agreement (Geneva Steel Co)

Availability Reserves. All Revolving Loans otherwise available to Borrower pursuant to the lending formulas formula(s) or sublimits, and subject to the Maximum Credit Amount and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability Reserves.

Appears in 1 contract

Samples: Loan Agreement (Titan Motorcycle Co of America Inc)

Availability Reserves. All Revolving Loans otherwise available to Borrower pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to LenderAgent's continuing right to establish and revise Availability Reserves.

Appears in 1 contract

Samples: Loan and Security Agreement (Jordan Industries Inc)

Availability Reserves. All Revolving Loans otherwise available to Borrower Borrowers pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability Reserves, including, without limitation, Availability Reserves for unpaid foreign and domestic freight charges and unpaid United States customs fees and duties with respect to imported Inventory.

Appears in 1 contract

Samples: Loan and Security Agreement (Charming Shoppes Inc)

Availability Reserves. All Revolving Loans otherwise available to Borrower pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability Reserves, in accordance with this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Cluett Peabody & Co Inc /De)

Availability Reserves. (a) All Revolving Loans otherwise available to Borrower Borrowers pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability ReservesReserves as provided in the definition of Availability Reserves and elsewhere herein.

Appears in 1 contract

Samples: Loan and Security Agreement (Reunion Industries Inc)

Availability Reserves. All Revolving Loans otherwise available to Borrower Borrowers pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability ReservesReserves in good faith.

Appears in 1 contract

Samples: Loan and Security Agreement (Huntco Inc)

Availability Reserves. All Revolving Loans otherwise available to Borrower --------------------- pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder hereunder, shall be subject to LenderAgent's continuing right to establish and revise Availability Reserves.. Without

Appears in 1 contract

Samples: Loan and Security Agreement (Zany Brainy Inc)

Availability Reserves. All Revolving Loans otherwise available to Borrower Borrowers pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right as provided herein to establish and revise Availability Reserves.

Appears in 1 contract

Samples: Loan and Security Agreement (Central Sprinkler Corp)

Availability Reserves. All Revolving Loans otherwise available to Borrower Borrowers pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise revise, in good faith, Availability Reserves, including, without limitation, Availability Reserves in an amount equal to the amount by which dilution with respect to GO/DAN's Accounts (as determined in accordance with Section 2.1(b)(i)(A)) in excess of five percent (5%)."

Appears in 1 contract

Samples: Loan and Security Agreement (Transpro Inc)

Availability Reserves. All Revolving Loans otherwise available to Borrower Parent pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to the Permanent Availability Reserve and to Lender's continuing right right, acting in good faith and upon notice to Borrower, to establish and revise additional Availability Reserves.

Appears in 1 contract

Samples: Loan and Security Agreement (Ultralife Batteries Inc)

Availability Reserves. All Revolving Loans otherwise available to Borrower pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise revise, in good faith, Availability Reserves.

Appears in 1 contract

Samples: Loan Agreement (Catalina Lighting Inc)

Availability Reserves. All Revolving Loans otherwise available to a Borrower pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability ReservesReserves in good faith. SECTION 3.

Appears in 1 contract

Samples: Loan and Security Agreement (Wyant Corp)

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Availability Reserves. All Without limiting any other rights or remedies of the Lender hereunder or under the other Loan Document, all Revolving Loans otherwise available to Borrower pursuant to the lending formulas described above and subject to the Maximum Credit Available Commitment and other applicable limits hereunder shall be subject to Lender's continuing right to in good faith establish and revise Availability Reserves.

Appears in 1 contract

Samples: Loan and Security Agreement (Wire One Technologies Inc)

Availability Reserves. All Revolving Loans otherwise available to Borrower pursuant to the lending formulas Borrowing Base and subject to the Maximum Credit maximum Committed Amount and other applicable limits hereunder shall be subject to LenderBank's continuing right to establish and revise Availability Reserves.

Appears in 1 contract

Samples: Loan Agreement (Standard Premium Finance Holdings, Inc.)

Availability Reserves. All Revolving Loans otherwise available to Borrower pursuant to the lending formulas and subject to the Revolving Loan Limit, the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise in good faith Availability Reserves.

Appears in 1 contract

Samples: Loan and Security Agreement (Fairwood Corp)

Availability Reserves. (a) All Revolving Loans otherwise available to Borrower pursuant to the lending formulas and subject to the Maximum Credit Credit, the Inventory Loan Limit and other applicable limits hereunder shall be subject to Lender's the continuing right of Lender to establish and revise Availability ReservesReserves in accordance with this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Clark Material Handling Co)

Availability Reserves. All Revolving Loans otherwise available to Borrower pursuant to the lending formulas and subject to the Maximum Credit Revolving Loan Limit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability Reserves.

Appears in 1 contract

Samples: Loan and Security Agreement (Kerr Group Inc)

Availability Reserves. All Revolving Loans otherwise available to Borrower pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise in good faith Availability Reserves.

Appears in 1 contract

Samples: Loan and Security Agreement (Transpro Inc)

Availability Reserves. All Revolving Loans otherwise available to Borrower --------------------- Borrowers pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability Reserves.

Appears in 1 contract

Samples: Loan and Security Agreement (Ivi Checkmate Corp)

Availability Reserves. All Revolving Loans otherwise available to Borrower Borrowers pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to the Permanent Availability Reserve and to Lender's continuing right to establish and revise additional Availability Reserves.

Appears in 1 contract

Samples: Loan and Security Agreement (Picturetel Corp)

Availability Reserves. All Revolving Loans otherwise available to Borrower pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability Reserves. SECTION 3.

Appears in 1 contract

Samples: Loan and Security Agreement (Exabyte Corp /De/)

Availability Reserves. All Revolving Loans otherwise available to a Borrower pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability Reserves and Currency Reserves.

Appears in 1 contract

Samples: Loan and Security Agreement (Inyx Inc)

Availability Reserves. All Revolving Loans otherwise available to Borrower Borrowers pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to LenderAgent's continuing right to establish and revise Availability Reserves.

Appears in 1 contract

Samples: Loan and Security Agreement (Crown Central Petroleum Corp /Md/)

Availability Reserves. (a) All Revolving Loans otherwise available to Borrower pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability Reserves.

Appears in 1 contract

Samples: Emerson Radio Corp

Availability Reserves. (a) All Revolving Loans otherwise available to Borrower pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability Reserves.

Appears in 1 contract

Samples: Loan and Security Agreement (Diplomat Corp)

Availability Reserves. All Revolving Loans otherwise available to Borrower pursuant to the lending formulas and subject to the Maximum Revolving Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability Reserves.

Appears in 1 contract

Samples: Loan and Security Agreement (Champion Parts Inc)

Availability Reserves. All Revolving Loans otherwise available to Borrower Borrowers pursuant to the lending formulas and subject to the Maximum Credit Credit, the Inventory Loan Limit and other applicable limits hereunder shall be subject to Lender's the continuing right of Lenders' Agent to establish and revise Availability ReservesReserves in accordance with this Agreement.

Appears in 1 contract

Samples: Loan and Security Agreement (Terex Corp)

Availability Reserves. All Revolving Loans and Letter of Credit Accommodations otherwise available to Borrower pursuant to the lending formulas and subject to the Maximum Credit for Revolving Loans and Letter of Credit Accommodations and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability Reserves.

Appears in 1 contract

Samples: Loan Agreement (Galey & Lord Inc)

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