Common use of Closing Availability Clause in Contracts

Closing Availability. After giving effect to all Borrowings to be made on the Effective Date and the issuance of any Letters of Credit on the Effective Date and payment of all fees and expenses due hereunder, and with all of the Loan Parties’ indebtedness, liabilities, and obligations current, the Aggregate Availability shall not be less than $25,000,000 determined on a pro forma basis after giving effect to the Recapitalization Transactions and the Petro Acquisition and assuming (i) all accounts payable of the Borrowers and their subsidiaries have been paid in the ordinary course of business consistent with past business practice, (ii) no Property of the UK Borrower or the Eligible UK Subsidiaries are included in the calculation of Aggregate Availability, and (iii) the advance rate on Eligible Inventory is 65% under each of the borrowing base definitions herein.