Foreign Exchange Facility. Borrower may enter into foreign exchange forward contracts (collectively, a “Foreign Exchange Facility”) with Bank under which Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one Business Day after the contract date (the “FX Forward Contract”). Bank will subtract 10%, or such greater amount as determined by Bank, of each outstanding FX Forward Contract from the foreign exchange sublimit that is a maximum of $100,000 (the “FX Reserve”). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Ten percent (10%) of the amount of each outstanding FX Forward Contract shall be treated as Advances hereunder and shall decrease, on a dollar-for-dollar basis, the amount available for other Advances. Bank may terminate the FX Forward Contracts if an Event of Default occurs. Each FX Forward Contract shall be subject to additional terms set forth in the applicable FX Forward Contract or other agreements executed in connection with the Foreign Exchange Facility.
Appears in 2 contracts
Samples: Loan and Security Agreement (Singulex Inc), Loan and Security Agreement (Singulex Inc)
Foreign Exchange Facility. Subject to the terms and conditions of this Agreement, Borrower may may, at its option from time to time, enter into foreign exchange forward contracts (collectively, a the “Foreign Exchange Facility”) with Bank Bank, under which Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one Business Day after the contract date (the each such contract a “FX Forward Contract”). Bank will subtract 10%, or such greater amount as determined by Bank, of each outstanding FX Forward Contract from the a foreign exchange sublimit that is a maximum of $100,000 750,000 (the “FX Reserve”). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Ten percent (10%) of the amount of each outstanding FX Forward Contract shall be treated as Advances hereunder under Section 2.1(a) and shall decreasereduce, so long as outstanding, on a dollar-for-dollar basis, the amount available for other Advances. Bank may terminate the FX Forward Contracts if an Event of Default occurs. Each FX Forward Contract shall be subject to additional terms set forth in the applicable FX Forward Contract or other agreements executed in connection with the Foreign Exchange Facility.
Appears in 2 contracts
Samples: Loan and Security Agreement (Vertro, Inc.), Loan and Security Agreement (Vertro, Inc.)