Cash Covenant. Parent shall not permit aggregate Cash and Cash Equivalents of Parent and its Subsidiaries to be less than the “Applicable Amount” set forth on Attachment 1 hereto for the corresponding “Applicable Period” in such Attachment 1 (which “Applicable Amounts” shall be adjusted from time to time in the manner set forth in Attachment 1). Such Cash and Cash Equivalents in such amounts shall at all times be held in Deposit Accounts or Securities Accounts for which Control Agreements are in effect (the terms “Cash”, “Cash Equivalents”, “Control Agreements” and “Securities Account” being used herein as defined in the Junior Pledge and Security Agreement, dated as of December 31, 2002, between each of the Parent and the other “Grantors” named therein and iSTT Investments Pte Ltd, as Collateral Agent, as amended by that certain Omnibus Amendment Agreement, dated as of November 24, 2004).”
Cash Covenant. Together with the other Loan Parties, maintain all cash and Cash Equivalents in a Collateral Account owned by EpiCept that is located the United States and subject to a Control Agreement other than cash or Cash Equivalents equal to (a) the lesser of (i) $500,000 (or an amount equivalent thereto in Shekels) and (ii) an amount equal to the Three Month Immune Budget (as defined below) plus ten percent (10%) of such amount, in each case, to be used for the out-of-pocket costs and expenses of Immune Surviving Corporation in the Ordinary Course of Business, (b) $60,000 (or an amount equivalent thereto in Shekels), which shall be permitted to be held in a deposit account owned by Immune Surviving Corporation for purposes of securing the Lien in favor of Bank of Hapoalim referenced as fixed charge over a money deposit, transaction number 880001 (which, for the avoidance of doubt, constitutes the Lien with respect to Immune Surviving Corporation’s guarantee of credit card activity) on Exhibit C to the Charge, (c) $150,000 (or an amount equivalent thereto in Shekels) which shall be permitted to be held in a deposit account owned by Immune Surviving Corporation for purposes of securing the Liens in favor of Bank of Hapoalim referenced as fixed charges over Shekel deposit with a credit balance of NIS 79,500 and 115,000, respectively (which, for the avoidance of doubt, constitute the Liens with respect to Immune Surviving Corporation’s leasing facilities) on Exhibit C of the Charge, or any replacement Liens that are solely to secure amounts that are being held as security deposits for operating leases entered into in the ordinary course of business subject to the overall cap of $150,000 (or an amount equivalent thereto in shekels) set forth above and (d) amounts held in a Deposit Account subject to a floating charge in favor of Agent used to pay costs and expenses required to be paid pursuant to the terms of the Merger Agreement to the extent such amounts are required to be paid in Shekels.
Cash Covenant. (a) Borrower shall, at all times from and after the Effective Time under that certain Agreement and Plan of Merger and Reorganization, dated January 6, 2017, among Borrower, Victoria Merger Corp., a Delaware corporation, and Savara Inc., a Delaware corporation (“Savara”), maintain in one or more U.S.-domiciled accounts in the name of Borrower and subject to an Account Control Agreement unrestricted cash equal to at least $4,000,000 (the “Minimum Cash Amount”); provided, however, (i) the Minimum Cash Amount shall be reduced to $2,000,000 upon Borrower’s achievement of the First Financing Milestone, and (ii) if Borrower achieves the Second Financing Milestone, the cash covenant set forth in this Section 7.17 shall not apply to Borrower from and after the date the Second Financing Milestone is achieved.
Cash Covenant. Fail to maintain at all times cash in a Collateral Account subject to a Control Agreement in favor of Collateral Agent, an amount equal to at least the Minimum Cash Balance.
Cash Covenant. During the Term, Quigo shall at all times maintain a cash balance of no less than ten million dollars ($10,000,000). Within fifteen (15) days of the end of each calendar month, Quigo will send a notice to Time stating whether it is in compliance with the foregoing sentence. Time will have the right to verify such cash balance by contacting Quigo’s bank and Quigo shall instruct its bank to respond to any queries from Time regarding Quigo’s compliance with this Section 5.7. A failure by Quigo to comply with this Section 5.7 shall be deemed to be a material breach of the Agreement, and shall entitle Time and the Publishers to terminate the Agreement (or, with respect to the Publishers, to terminate the applicable Enrollment Forms) immediately upon written notice and no cure period shall apply for such a breach.
Cash Covenant. Until termination of the Lender's obligations to make any Loan under this Agreement and payment and satisfaction in full of all Obligations, the Borrower shall at all times maintain verifiable cash balances (other than cash securing any Letter of Credit) in its bank accounts and Cash Equivalents which are free and clear of all Liens of at least $20,000,000 in the aggregate (the "Cash Covenant").
Cash Covenant. Borrower shall on the dates set forth in Schedule 5.05 hereto, have cash on hand not less than the amounts set forth in such Schedule 5.05.
Cash Covenant. Fail to maintain at all times cash in a Collateral Account subject to a Control Agreement in favor of Collateral Agent, an amount equal to One Hundred Ten Percent (110%) of the Cash Out Principal Loan Balance. In the monthly Compliance Certificate that Borrower is obligated to provide under Section 6.2(b), Borrower shall set forth the calculation of the Cash Out Principal Loan Balance and Cash Out Date. Borrower shall no longer be required to comply with the provisions of this Section 7.12 if the aggregate outstanding principal balance of the Term Loans is equal to or less than $10,000,000 on or before November 1, 2018.
Cash Covenant. Fail to maintain at all times cash (excluding proceeds of the SBA PPP Loan unless such proceeds have been forgiven by the SBA) in a Collateral Account subject to a Control Agreement in favor of Collateral Agent, an amount equal to at least the Minimum Cash Balance.
Cash Covenant. Commencing on May 31, 2024 and at all times thereafter through and including May 31, 2026, Borrower shall have an unrestricted (other than pursuant to this Agreement) cash balance in one or more Collateral Accounts subject to Control Agreements in favor of Collateral Agent in an aggregate amount of not less than (i) for May 31, 2024 and at all times thereafter through and including January 31, 2025, seventy-five percent (75.00%) of the aggregate principal amount of the outstanding Obligations on and (ii) for February 1, 2025 and at all times thereafter through and including May 31, 2026, one hundred twenty percent (120.00%) of the aggregate principal amount of the outstanding Obligations.
