Common use of Borrowing Base; Reserves Clause in Contracts

Borrowing Base; Reserves. The Borrowing Base shall be determined by Lender (including the eligibility of Accounts) based on the most recent Borrowing Base Certificate delivered to Lender in accordance with Section 4.1(e) and such other information available to Lender. The Revolving Credit Loan shall be subject to Lender’s continuing right to withhold from Borrowing Availability reserves, and to increase and decrease such reserves from time to time, if and to the extent that in Lender’s good faith credit judgment such reserves are necessary, including to protect Lender’s interest in the Collateral or to protect Lender against possible non-payment of Accounts for any reason by Account Debtors or possible diminution of the value of any Collateral or possible non-payment of any of the Obligations or for any Taxes or any amounts due any landlord, lessor or any other Person by Borrower or in respect of any state of facts that could constitute a Default. Lender may, at its option, implement reserves by designating as ineligible a sufficient amount of Accounts that would otherwise be Eligible Accounts so as to reduce the Borrowing Base by the amount of the intended reserves.

Appears in 2 contracts

Samples: Loan and Security Agreement (Charys Holding Co Inc), Loan and Security Agreement (Charys Holding Co Inc)

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Borrowing Base; Reserves. The Borrowing Base of each Borrower shall be determined by Lender (including the eligibility of AccountsAccounts and Eligible Cash Collateral) based on the most recent Borrowing Base Certificate delivered to Lender in accordance with Section 4.1(e4.1(b) and such other information available to Lender. The Revolving Credit Loan shall be subject to Lender’s 's continuing right to withhold from any Borrower's Borrowing Availability reserves, and to increase and decrease such reserves from time to time, if and to the extent that in Lender’s 's good faith credit judgment such reserves are necessary, including to protect Lender’s 's interest in the Collateral or to protect Lender against possible non-payment of Accounts for any reason by Account Debtors or possible diminution of the value of any Collateral or possible non-payment of any of the Obligations or for any Taxes or any amounts due any landlord, lessor or any other Person by Borrower or in respect of any state of facts that which could constitute a Default. Lender may, at its option, implement reserves by designating as ineligible a sufficient amount of Accounts that or cash which would otherwise be Eligible Accounts or Eligible Cash Collateral, as the case may be, so as to reduce the any Borrower's Borrowing Base by the amount of the intended reserves.

Appears in 2 contracts

Samples: Loan and Security Agreement (Intelefilm Corp), Loan and Security Agreement (Harmony Holdings Inc)

Borrowing Base; Reserves. The Borrowing Base of each Borrower shall be determined by Lender (including the eligibility of AccountsAccounts and Inventory) based on the most recent Borrowing Base Certificate delivered to Lender in accordance with Section 4.1(e4.1(b) and such other information available to Lender. The Revolving Credit Loan shall be subject to Lender’s 's continuing right to withhold from any Borrower's Borrowing Availability reserves, and to increase and decrease such reserves from time to time, if and to the extent that in Lender’s 's good faith credit judgment such reserves are necessary, including to protect Lender’s 's interest in the Collateral or to protect Lender against possible non-non- payment of Accounts for any reason by Account Debtors or possible diminution of the value of any Collateral or possible non-payment of any of the Obligations or for any Taxes or any amounts due any landlord, lessor or any other Person by Borrower or in respect of any state of facts that which could constitute a Default. Lender may, at its option, implement reserves by designating as ineligible a sufficient amount of Accounts that or Inventory which would otherwise be Eligible Accounts or Eligible Inventory, as the case may be, so as to reduce the any Borrower's Borrowing Base by the amount of the intended reserves.

Appears in 1 contract

Samples: Loan and Security Agreement (Method Products Corp /De)

Borrowing Base; Reserves. The Borrowing Base shall be determined -------------------------- by Lender (including the eligibility of Accounts) based on the most recent Borrowing Base Certificate delivered to Lender in accordance with Section 4.1(e4.1(b) and such other information available to Lender. The Revolving Credit Loan shall be subject to Lender’s 's continuing right to withhold from Borrowing Availability reserves, and to increase and decrease such reserves from time to time, if and to the extent that in Lender’s 's good faith credit judgment such reserves are necessary, including to protect Lender’s 's interest in the Collateral or to protect Lender against possible non-payment of Accounts for any reason by Account Debtors or possible diminution of the value of any Collateral or possible non-payment of any of the Obligations or for any Taxes or any amounts due any landlordcontractor, lessor subcontractor or any other Person by Borrower or in respect of any state of facts that could constitute a Default. Lender may, at its option, implement reserves by designating as ineligible a sufficient amount of Accounts that would otherwise be Eligible Accounts so as to reduce the Borrowing Base by the amount of the intended reserves.

Appears in 1 contract

Samples: Loan and Security Agreement (Charys Holding Co Inc)

Borrowing Base; Reserves. The Borrowing Base of each Borrower shall be determined by Lender (including the eligibility of AccountsAccounts and Inventory) based on the most recent Borrowing Base Certificate delivered to Lender in accordance with Section 4.1(e4.1(b) and such other information available to Lender. The Revolving Credit Loan shall be subject to Lender’s 's continuing right to withhold from any Borrower's Borrowing Availability reservesreserves (including, without limitation, the Special Reserve), and to increase and decrease such reserves from time to time, if and to the extent that in Lender’s 's good faith credit judgment such reserves are necessary, including to protect Lender’s 's interest in the Collateral or to protect Lender against possible non-payment of Accounts for any reason by Account Debtors or possible diminution of the value of any Collateral or possible non-payment of any of the Obligations or for any Taxes or any amounts due any landlord, lessor or any other Person by Borrower or in respect of any state of facts that could constitute a Default. Lender may, at its option, in Lender's good faith credit judgment, implement reserves (including, without limitation, the Special Reserve) by designating as ineligible a sufficient amount of Accounts or Inventory that would otherwise be Eligible Accounts or Eligible Inventory, as the case may be, so as to reduce the any Borrower's Borrowing Base by the amount of the intended reserves.

Appears in 1 contract

Samples: Loan and Security Agreement (Marlton Technologies Inc)

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Borrowing Base; Reserves. The Borrowing Base of each Borrower shall be determined by Lender (including the eligibility of AccountsAccounts and Inventory) based on the most recent Borrowing Base Certificate delivered to Lender in accordance with Section 4.1(e4.1(b) and such other information available to Lender. The Revolving Credit Loan shall be subject to Lender’s 's continuing right to withhold from any Borrower's Borrowing Availability reserves, including the Tax Liability Reserve, and to increase and decrease such reserves from time to time, if and to the extent that in Lender’s 's good faith credit judgment such reserves are necessary, including to protect Lender’s 's interest in the Collateral or to protect Lender against possible non-payment of Accounts for any reason by Account Debtors or possible diminution of the value of any Collateral or possible non-payment of any of the Obligations or for any Taxes or any amounts due any landlord, lessor or any other Person by Borrower or in respect of any state of facts that which could constitute a Default. Lender may, at its option, implement reserves reserves, including the Tax Liability Reserve, by designating as ineligible a sufficient amount of Accounts that or Inventory which would otherwise be Eligible Accounts or Eligible Inventory, as the case may be, so as to reduce the any Borrower's Borrowing Base by the amount of the intended reserves.

Appears in 1 contract

Samples: Loan and Security Agreement (Edac Technologies Corp)

Borrowing Base; Reserves. The Borrowing Base shall be determined by Lender (including the eligibility of AccountsAccounts and Inventory) based on the most recent Borrowing Base Certificate delivered to Lender in accordance with Section 4.1(eSECTION 4.1(B) and such other information available to Lender. The Without limiting any other rights and remedies of Lender hereunder or under the other Loan Documents, the Revolving Credit Loan shall be subject to Lender’s 's continuing right to withhold from Borrowing Availability reserves, and to increase and decrease such reserves from time to time, if and to the extent that in Lender’s 's good faith credit judgment such reserves are necessary, including to protect Lender’s 's interest in the Collateral or to protect Lender against possible non-payment of Accounts for any reason by Account Debtors or possible diminution of the value of any Collateral or possible non-payment of any of the Obligations or for any Taxes or any amounts due any landlord, lessor or any other Person by Borrower or in respect of any state of facts that could constitute a DefaultDefault (collectively, "Reserves"). Lender may, at its option, implement reserves Reserves by designating as ineligible a sufficient amount of Accounts or Inventory that would otherwise be Eligible Accounts or Eligible Inventory, as the case may be, so as to reduce the Borrowing Base by the amount of the intended reservesReserves.

Appears in 1 contract

Samples: Loan and Security Agreement (Youthstream Media Networks Inc)

Borrowing Base; Reserves. The Borrowing Base of each Borrower shall be determined by Lender (including the eligibility of AccountsAccounts and Inventory) based on the most recent Borrowing Base Certificate delivered to Lender in accordance with Section 4.1(e4.1(b) and such other information available to Lender. The Revolving Credit Loan shall be subject to Lender’s 's continuing right to withhold from any Borrower's Borrowing Availability reserves, and to increase and decrease such reserves from time to time, if and to the extent that in Lender’s 's good faith credit judgment such reserves are necessary, including to protect Lender’s 's interest in the Collateral or to protect Lender against possible non-payment of Accounts for any reason by Account Debtors or possible diminution of the value of any Collateral or possible non-payment of any of the Obligations or for any Taxes or any amounts due any landlord, lessor or any other Person by Borrower or in respect of any state of facts that which could constitute a Default. Lender may, at its option, implement reserves by designating as ineligible a sufficient amount of Accounts that or Inventory which would otherwise be Eligible Accounts or Eligible Inventory, as the case may be, so as to reduce the any Borrower's Borrowing Base by the amount of the intended reserves.

Appears in 1 contract

Samples: Loan and Security Agreement (Diversified Corporate Resources Inc)

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