Available Cash. The aggregate cash and cash equivalents of the Borrower and its Subsidiaries shall be less than $7,500,000. The acceptance of the proceeds of each Loan shall constitute a representation and warranty by the Borrower to the Lenders that all of the conditions required to be satisfied under this Section 3 in connection with the making of such Loan have been satisfied.
Appears in 5 contracts
Samples: Convertible Loan Agreement (Cdnow Inc/Pa), Convertible Loan Agreement (Sony Corp), Convertible Loan Agreement (Time Warner Inc/)