Borrowing Base Covenant. The Borrower shall cause the Eligible Properties in the Borrowing Base to at all times comply with the Borrowing Base Requirements (other than with respect to Eligible Properties that may exceed concentration limits but still be included in the Borrowing Base Value in compliance with the definition of Borrowing Base Requirements) and shall exclude from the calculation of Borrowing Base Value any portion of Property NOI or book value of any Eligible Properties attributable to any Eligible Properties that exceed the concentration limits set forth in the Borrowing Base Requirements.
Borrowing Base Covenant. Borrower hereby covenants and agrees that the definition of “Borrowing Base” and the component definitions thereof contained in Exhibit A of the Senior Loan Agreement will not be amended, replaced, modified, deleted or revised in any way without prior written consent of Lender in Lender’s reasonable discretion if the effect of such amendment, replacement, modification, or revision would be to allow for advances that would not have been available under the definition of “Borrowing Base” contained in the Senior Loan Agreement as in effect on the Initial Closing Date.
Borrowing Base Covenant. Permit the aggregate principal amount of Loans outstanding hereunder to exceed 65% of the Borrowing Base (the "Borrowing Base Covenant").
Borrowing Base Covenant. The Consolidated Senior Debt (including the amount of any requested Drawdown hereunder) is permitted by the borrowing base covenant in section 4.09(b)(i) of the Note Indenture.
Borrowing Base Covenant. At all times hereafter, and so long as any principal is outstanding hereunder or ASPEN has any obligation to advance funds hereunder, Borrower shall not permit the total of all unpaid Advances hereunder to exceed the Borrowing Base.
Borrowing Base Covenant. The Aggregate Principal Amount up to the Aggregate Commitment Amount is permitted by the borrowing base covenant in section 4.09(b)(i) of the Note Indenture described in part (a) of the definition of Note Indenture (and the equivalent provision in any other Note Indenture).
Borrowing Base Covenant. Permit the aggregate of (i) 85% of the book value of the accounts receivable that constitute Collateral, (ii) 50% of the book value of the inventory that constitutes Collateral and (iii) the lesser of (x) 50% of the book value of the property, plant and equipment that constitutes Collateral (in each case as such book value is determined in accordance with GAAP) of the Loan Parties and (y) $100 million to exceed the aggregate principal amount outstanding under the Revolving Credit Facility at any time.
Borrowing Base Covenant. At any time after (i) any assets of a type that would constitute Collateral have been pledged by any Subsidiary to any Person financing a transaction permitted under Section 5.02(f)(vii) or (ii) the Borrower has elected to designate a newly-formed or newly-acquired Subsidiary as an Excluded Subsidiary as permitted under Section 5.01(j), then, the Borrower shall not permit at any time thereafter the aggregate of (x) 85% of the book value of the accounts receivable that constitute Collateral and (y) 65% of the book value of the inventory that constitutes Collateral to be less than the sum of (A) the aggregate principal amount outstanding under the Revolving Credit Facility at such time (including outstanding Letters of Credit and Swing Line Advances) plus (B) the aggregate amount of obligations outstanding under Secured Cash Management Agreements at such time plus (C) the aggregate Agreement Value of all Secured Hedge Agreements at such time.
Borrowing Base Covenant. At any time at which the Borrower does not have an Investment Grade Rating from at least two of the Rating Agencies, permit the sum of the aggregate outstanding amount of all Borrowing Base Debt to exceed the sum of the Borrowing Base plus the Unrestricted Cash of the Loan Parties in excess of $750,000,000 (the “Borrowing Base Covenant”).
Borrowing Base Covenant. Borrower shall at all times maintain a Borrowing Base, consisting of at least ten (10) Properties that is greater than or equal to the outstanding Loan Amount. To the extent the Borrowing Base Covenant set forth in the preceding clause is not met, then:
(a) to the extent that the then outstanding principal balance of the Loan exceeds the Borrowing Base, Borrower shall repay, without penalty or premium (other than as provided in Section 2.16), that portion of the outstanding principal balance of the Loan which is in excess of the Borrowing Base within five (5) Business Days of Borrower's receipt of written notice that the Borrowing Base Covenant is no longer satisfied.
(b) The Available Loan Amount shall not be reduced pursuant to Section 5.13(a) above if (i) Borrower shall provide Lender, within five Business Days of the notice set forth in Section 5.13(a) an additional Borrowing Base Property or Properties such that the Borrowing Base Covenant is met.
