Borrowing Limitations. Pursuant to the terms of the SEC Order, the applicable Participant Borrowing Limit, as of the Effective Date of this Agreement, with respect to each of the Participants is as follows: EAI - $235 million; EGSI - $340 million; XXX - $225 million, EMI - $160 million, ENOI - $100 million, SERI - $140 million; EOI - $20 million; ESI - $200 million; and SFI - $200 million. The Participant Borrowing Limit pertaining to each borrowing Participant may be modified, from time to time, by order of the SEC under PUHCA. In such event, the Note issued by the affected Participant (and corresponding Exhibit) will be amended, replaced and/or superceded so as to reflect the new Participant Borrowing Limit and the Participant shall be permitted to make borrowings hereunder in an aggregate principal amount, at any time outstanding, equal to such revised Participant Borrowing Limit.
Borrowing Limitations. Immediately after giving effect to each Advance and each settlement on any Settlement Date hereunder, the aggregate principal balance of the Advances outstanding is less than or equal to the Borrowing Base, and the Aggregate Principal outstanding is less than or equal to the Aggregate Commitment.
Borrowing Limitations. Notwithstanding anything to the contrary set forth herein (but subject to Section 2.01(e)), it shall be a condition precedent to each Credit Event that after giving effect thereto (and the use of the proceeds thereof):
(i) the Aggregate U.S. Borrower Exposure would not exceed 100% (or, during an Agent Advance Period, 105%) of the U.S. Borrowing Base at such time;
(ii) the Aggregate Dutch Borrower Exposure would not exceed 100% (or, during an Agent Advance Period, 105%) of the Dutch Borrowing Base at such time;
(iii) the Aggregate Exposure at such time would not exceed the Total Revolving Loan Commitment at such time; and
(iv) during a Reduced Availability Period, Excess Availability would exceed 10% of the Availability at such time.
Borrowing Limitations. (a) Notwithstanding any contrary provision set forth herein or in any other loan document, the Borrower agrees that the Outstanding Credit shall not at any time exceed the Maximum Credit Amount. If at any time the Outstanding Credit exceeds the Maximum Credit Amount then in effect, the Borrower shall immediately pay to the Bank the amount of such excess. For purposes hereof, the following terms shall have the following meanings:
Borrowing Limitations. Borrower shall request no more than a single Borrowing per calendar month. Borrower shall give each Notice of Borrowing to Administrative Agent by 11:00 a.m. on a date that is at least [***] Business Days prior to the requested Borrowing date. Any Notice of Borrowing shall be irrevocable and binding on Borrower. Borrower shall not request a Borrowing unless the aggregate nameplate capacity of System Facilities to which the Borrowing relates equals or exceeds [***] kW.
Borrowing Limitations. Notwithstanding anything to the contrary set forth herein (but subject to Section 2.01(e)), it shall be a condition precedent to each Credit Event that after giving effect thereto (and the use of the proceeds thereof):
(i) the Aggregate U.S. Borrower Exposure would not exceed 100% (or, during an Agent Advance Period, 105%) of the U.S. Borrowing Base at such time;
(ii) the Aggregate Canadian Borrower Exposure would not exceed the lesser of (x) 100% (or, during an Agent Advance Period, 105%) the Canadian Borrowing Base at such time and (y) the Canadian Sub-Limit then in effect; and
(iii) the Aggregate Exposure at such time would not exceed the Total Revolving Loan Commitment at such time.
Borrowing Limitations. Anything contained in this Agreement to the contrary notwithstanding, (A) in no event shall the Total Utilization of Commitments at any time outstanding exceed the lesser of (x) the Commitments and (y) the amount permitted to be outstanding hereunder pursuant to the Interim Borrowing Order or Borrowing Order, as applicable, in each case as the foregoing limits may be in effect from time to time; (B) in no event shall the Outstanding Tranche A Amount of all Lenders exceed the lesser of (x) the Tranche A Commitments and (y) the Borrowing Base, in each case as the foregoing limits may be in effect from time to time; (C) in no event shall the Outstanding Tranche B Amounts of all Lenders exceed the Tranche B Commitments in effect from time to time; (D) the Borrowers shall comply with any additional limitations on Tranche B Loan Borrowings prescribed by Supermajority Lenders pursuant to the last sentence of Section 2.01(b); and (E) the Borrowers agree to immediately prepay the Loans in the amounts and at the times as may be necessary to comply with the foregoing clauses (A), (B), (C) and (D).
Borrowing Limitations. The Administrative Agent shall have received the Borrowing Base Certificate required to be delivered by the Collateral Agent under the Warehousing Security Agreement. Following the funding of the requested Loans, the aggregate principal amount of Loans outstanding hereunder shall not exceed the applicable limitations set forth in Section 2.1.
Borrowing Limitations. The Issuer is subject to regulation under the Investment Company Act. The Issuer is, and immediately after giving effect to each Drawdown will be, in compliance with the Investment Company Act, including all borrowing, leverage and asset coverage requirements specified therein.
Borrowing Limitations. (A) The Partnership shall not borrow funds or assume financing unless one of the following applies:
(1) Immediately after giving effect to the borrowing or assumption of financing and the purchase of the related assets, the total Partnership indebtedness as reflected in its accounting records at the date of such proposed borrowing or assumption of financing is less than 50% of the higher of (i) Total Aircraft Cost or (ii) Fair Market Value of the Partnership's Aircraft; however, borrowings and assumption of financings may exceed such 50% limitation for a period of up to 120 days so long as the General Partner uses its best efforts to reduce the indebtedness to comply with said 50% limitation within such 120-day period; or
(2) The borrowed funds are necessary to prevent foreclosure on any Partnership Asset.
(B) The Partnership may borrow funds from the General Partner or its Affiliates, subject to the limitations contained in Section 4.1(t).
