Borrowing Base Certificate; Excess Availability Sample Clauses

Borrowing Base Certificate; Excess Availability. (i) The Administrative Agent shall have received a Borrowing Base Certificate, dated on or about the Closing Date, executed by a Financial Officer of the Lead Administrative Borrower, and calculating the Revolving Borrowing Base and the FILO Borrowing Base, in each case, as of the last day of the Fiscal Month most recently ended at least fifteen (15) Business Days prior to the Closing Date. (ii) Excess Availability as of the Closing Date, after giving effect to the Transactions occurring on the Closing Date, including all Credit Extensions made on the Closing Date, shall be not less than the greater of (i) 25.0% of the Modified Revolving Loan Cap and (ii) $400,000,000.

Borrowing Base Certificate; Excess Availability. Agent shall have received from Borrowers a Borrowing Base Certificate for Borrowers as of January 31, 2011, demonstrating that after giving effect to the initial extensions of credit hereunder on the Closing Date, and the consummation of the Transactions, Borrowers shall have Excess Availability of not less than $10,000,000.

Borrowing Base Certificate; Excess Availability. (i) The Administrative Agent shall have received a Borrowing Base Certificate, dated on or about the Closing Date, executed by a Financial Officer of - 171 - (ii) Excess Availability as of the Closing Date, after giving effect to the Transactions occurring on the Closing Date, including all Credit Extensions made on the Closing Date, shall be not less than the greater of (i) 25.0% of the Modified Revolving Loan Cap and (ii) $400,000,000.

Borrowing Base Certificate; Excess Availability. The Agent shall have received a Borrowing Base Certificate (and all supporting documents and schedules) dated as of the Sixth Amendment Closing Date, in form and substance reasonably satisfactory to it and providing a determination of the Tranche A Borrowing Base and the Tranche A-1 Borrowing Base after giving effect to this Amendment, and the Agent shall be satisfied that, both before and after giving effect to any extensions of credit outstanding or to be made on the Sixth Amendment Closing Date, no Default or Event of Default shall then exist.

Borrowing Base Certificate; Excess Availability. On the Closing Date, Administrative Agent shall have received a Borrowing Base Certificate from Company dated the Closing Date, substantially in the form of Exhibit II annexed hereto and with appropriate attachments, certifying the Borrowing Base as of such date and demonstrating, after giving effect to the consummation of the transactions contemplated by the Loan Documents, that (i) the Total Utilization of Revolving Loan Commitments does not exceed the Borrowing Base as of such date and (ii) Excess Availability as of the Closing Date shall, after giving effect to the Loans made and the Letters of Credit issued on the Closing Date, be at least $50 million.