Excess Liquidity. Upon making the initial Loans (including such Loans made to finance the fees, costs, and expenses then payable under this Agreement) and issuing any Letters of Credit on the date of making the initial Loans, Undrawn Availability shall not be less than $25,000,000.
Excess Liquidity. At any time the amount by which the sum of the Borrower’s cash, excluding restricted cash, plus Availability exceeds $20,000,000.”
Excess Liquidity. After giving effect to the initial Receivables Advance, the incurrence of any initial Letter of Credit Obligations and the consummation of the Related Transactions (on a pro forma basis, with the Credit Parties' trade payables being paid currently, and expenses and liabilities being paid in the ordinary course of business and without acceleration of sales) Debtor shall have Excess Liquidity of at least $25,000,000.
Excess Liquidity. As of the Closing, after giving effect to all payments and distributions to be made on the Effective Date of the Plan or required to be paid in respect of administrative and priority claims pursuant to the Plan, the Reorganized Debtors shall have Liquidity of at least one billion, two hundred fifty million dollars ($1,250,000,000) and Adjusted Excess Negative Availability of not more than five hundred eighty-nine million dollars ($589,000,000) and the Company shall have delivered to the Plan Investors at the Closing a certificate signed by its Chief Executive Officer and Chief Financial Officer, dated the Closing Date, in form and substance reasonably satisfactory to the Plan Investors, to the foregoing effect and such signatories shall have no personal liability as a result of signing such certificate. The parties to the Investment Agreement also agree that the term "Adjusted Excess Availability" shall be amended and restated in its entirety to read as follows:
Excess Liquidity. As of the first day of any calendar month occurring after the First Amendment Effective Date, on which the Parent and its Subsidiaries collectively have cash and cash equivalents in excess of $50,000,000 (excluding proceeds from the issuance of capital stock other than capital stock that constitutes “Redeemable Stock” under the Senior Notes) such excess amount, the “Excess Liquidity Amount”, an amount equal to the sum of:
(A) the lesser of (I) the Excess Liquidity Amount and (II) the amount of cash and cash equivalents held by the Loan Parties and their Subsidiaries, in each case less
(B) the amount of cash and cash equivalents held by the Loan Parties and their Subsidiaries necessary to comply with the provisions of Section 9.2.”
Excess Liquidity. If for any reason at any time Liquidity exceeds $15,000,000, the Borrower shall immediately prepay the Loans and/or Cash Collateralize the L/C Obligations as hereafter provided in an aggregate amount equal to such excess. Such prepayment shall be applied first, ratably to the L/C Borrowings and the Swing Line Loans, second, to the outstanding Revolving Loans, third, to Cash Collateralize the remaining L/C Obligations and, fourth, to the outstanding Delay Draw Term Loan (to the remaining principal amortization payments in inverse order of maturity); provided that, notwithstanding the foregoing, if such excess Liquidity is the result of the receipt by the Borrower or any Subsidiary of Net Cash Proceeds from any Disposition, Involuntary Disposition, Debt Issuance or Equity Issuance, then the Borrower shall only be required to make a prepayment on the Delay Draw Term Loan pursuant to clause “fourth” of this clause (v) by an amount equal to such Net Cash Proceeds (after the application of any payments required by clauses “first”, “second” or “third”) less the outstanding principal amount of the 2006 Convertible Subordinated Notes. Within the parameters of the applications set forth above, mandatory prepayments under this Section 2.05(b) shall be applied first to Base Rate Loans and then to Eurodollar Rate Loans in direct order of Interest Period maturities. All prepayments under this Section 2.05(b) shall be subject to Section 3.05, but otherwise without premium or penalty, and shall be accompanied by interest on the principal amount prepaid through the date of prepayment.
Excess Liquidity. Have Excess Liquidity plus Qualified Cash in an aggregate amount of least [****] at all times.
Excess Liquidity. Have Excess Liquidity plus Qualified Cash in an aggregate amount of least Ten Million Dollars ($10,000,000) at all times.
Excess Liquidity. Borrowers’ Excess Liquidity and Qualified Cash [was/was not] in an aggregate amount greater than or equal to the amount set forth in Section 7(a) of the Credit Agreement at all times for the period since delivery of the last Compliance Certificate.
Excess Liquidity. The Administrative Agent shall have received a certificate, dated as of the Closing Date and signed by the chief financial officer of the Borrower, certifying that, as of the Closing Date and after giving effect to the Acquisition and the making of the Term Loans, the Excess Liquidity equals at least $3,000,000.
