Common use of Foreign Exchange Sublimit Clause in Contracts

Foreign Exchange Sublimit. As part of the Revolving Line and subject to the deduction of Reserves, Borrower may enter into foreign exchange contracts with Bank under which Borrower commits to purchase from or sell to Bank a specific amount of Foreign Currency (each, a “FX Forward Contract”) on a specified date (the “Settlement Date”). The aggregate amount of FX Forward Contracts at any one time may not exceed ten (10) times the lesser of (A) Seven Million Five Hundred Thousand Dollars ($7,500,000), minus (i) the sum of all amounts used (and not re-paid) for Cash Management Services, and minus (ii) the Dollar Equivalent of the face amount of any outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit and any Letter of Credit Reserve), or (B) the lesser of Revolving Line or the Borrowing Base, minus (i) the sum of all outstanding principal amounts of any Advances (including any amounts used (and not repaid) for Cash Management Services), and minus (ii) the Dollar Equivalent of the face amount of any outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit and any Letter of Credit Reserve). The amount otherwise available for Credit Extensions under the Revolving Line shall be reduced by an amount equal to ten percent (10%) of each outstanding FX Forward Contract (the “FX Reduction Amount”). Any amounts needed to fully reimburse Bank for any amounts not paid by Borrower in connection with FX Forward Contracts will be treated as Advances under the Revolving Line and will accrue interest at the interest rate applicable to Advances.

Appears in 2 contracts

Samples: Loan and Security Agreement (NxStage Medical, Inc.), Loan and Security Agreement (NxStage Medical, Inc.)

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Foreign Exchange Sublimit. As part of the Revolving Line and subject to the deduction of ReservesLine, Borrower may enter into foreign exchange contracts with Bank under which Borrower commits to purchase from or sell to Bank a specific amount of Foreign Currency (each, a “FX Forward Contract”) on a specified date (the “Settlement Date”). FX Contracts shall have a Settlement Date of at least one (1) FX Business Day after the contract date. The aggregate amount of FX Forward Contracts Reduction Amount at any one time may not exceed ten (10) times the lesser of (i) (A) Seven Two Million Five Hundred Thousand Dollars ($7,500,0002,000,000.00), minus (iB) the sum of all amounts used (and not re-paid) for Cash Management Services, and minus (iiC) the aggregate Dollar Equivalent of the face amount of any outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit and any Letter of Credit Reserve), or ) and (Bii) (A) the lesser of Revolving Line or the Borrowing BaseLine, minus (iB) the sum of all outstanding principal amounts of any Advances (including any amounts used (and not repaid) for Cash Management Services), and minus (iiC) the aggregate Dollar Equivalent of the face amount of any outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit and any Letter of Credit Reserve). The amount otherwise available for Credit Extensions under the Revolving Line shall be reduced by an amount equal to ten percent (10%) of each outstanding FX Forward Contract (the FX Reduction Amount”). Any amounts needed to fully reimburse Bank for any amounts not paid by Borrower in connection with FX Forward Contracts will be treated as Advances under the Revolving Line and will accrue interest at the interest rate applicable to Advances.

Appears in 2 contracts

Samples: Loan and Security Agreement (Moneylion Inc.), Loan and Security Agreement (Fusion Acquisition Corp.)

Foreign Exchange Sublimit. As part of the Revolving Line and subject to the deduction of ReservesLine, Borrower may enter into foreign exchange contracts with Bank under which Borrower commits to purchase from or sell to Bank a specific amount of Foreign Currency (each, a “FX Forward Contract”) on a specified date (the “Settlement Date”). FX Contracts shall have a Settlement Date of at least one (1) FX Business Day after the contract date. The aggregate amount of FX Forward Contracts Reduction Amount at any one time may not exceed ten (10) times the lesser of (Aa) Seven One Million Five Hundred Thousand Dollars ($7,500,0001,000,000.00), minus (i) the sum of all amounts used (and not re-paid) for Cash Management Services, and minus (ii) the aggregate Dollar Equivalent of the face amount of any outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit and any Letter of Credit Reserve), ) or (Bb) the lesser of the Revolving Line or the Borrowing Base, minus (i) the sum of all outstanding principal amounts of any Advances (including any amounts used (and not repaid) for Cash Management Services), and minus (ii) the aggregate Dollar Equivalent of the face amount of any outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit and any Letter of Credit Reserve). The amount otherwise available for Credit Extensions under the Revolving Line shall be reduced by an amount equal to ten percent (10%) of each outstanding FX Forward Contract (the FX Reduction Amount”). Any amounts needed to fully reimburse Bank for any amounts not paid by Borrower in connection with FX Forward Contracts will be treated as Advances under the Revolving Line and will accrue interest at the interest rate applicable to Advances.

Appears in 1 contract

Samples: Loan and Security Agreement (Omeros Corp)

Foreign Exchange Sublimit. As part of the Revolving Line and subject to the deduction of ReservesLine, Borrower may enter into foreign exchange contracts with Bank under which Borrower commits to purchase from or sell to Bank a specific amount of Foreign Currency (each, a “FX Forward Contract”) on a specified date (the “Settlement Date”). FX Contracts shall have a Settlement Date of at least one (1) FX Business Day after the contract date. The aggregate amount of FX Forward Contracts Reduction Amount at any one time may not exceed ten (10i) times the lesser of (A) Seven Million Five Hundred Thousand Dollars ($7,500,000), minus (i) the sum of all amounts used (and not re-paid) for Cash Management Services, and minus (ii) the Dollar Equivalent of the face amount of any outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit and any Letter of Credit Reserve), Revolving Line or (B) the lesser of Revolving Line or the Borrowing Base, Base minus (iii) the sum of all outstanding principal amounts of any Advances (including any amounts used (and not repaid) for Cash Management Services)Advances, and minus (ii) the sum of all amounts used for Cash Management Services, and minus (iii) the aggregate Dollar Equivalent of the face amount of any outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit and any Letter of Credit Reserve). The amount otherwise available for Credit Extensions under the Revolving Line shall be reduced by an amount equal to ten percent (10%) of each outstanding FX Forward Contract (the FX Reduction Amount”). Any amounts needed to fully reimburse Bank for any amounts not paid by Borrower in connection with FX Forward Contracts will be treated as Advances under the Revolving Line and will accrue interest at the interest rate applicable to Advances. Subject to Section 4.1, if, on the Revolving Line Maturity Date, there are any outstanding FX Forward Contracts, then on such date Borrower shall provide to Bank cash collateral in an amount consistent with Bank’s current foreign exchange contracts policies to secure all of the Obligations relating to such FX Forward Contracts.

Appears in 1 contract

Samples: Loan and Security Agreement (Tremor Video Inc.)

Foreign Exchange Sublimit. As part of the Revolving Line and subject to the deduction of ReservesLine, Borrower may enter into foreign exchange contracts with Bank SVB under which Borrower commits to purchase from or sell to Bank SVB a specific amount of Foreign Currency (each, a “FX Forward Contract”) on a specified date (the “Settlement Date”). FX Contracts shall have a Settlement Date of at least one (1) FX Business Day after the contract date. The aggregate amount of FX Forward Contracts Reduction Amount at any one time may not exceed ten (10) times the lesser of (Aa) Seven Five Million Five Hundred Thousand Dollars ($7,500,000), 5,000,000.00) minus (i) the sum of all amounts used (and not re-paid) for Cash Management Services, and minus (ii) the aggregate Dollar Equivalent of the face amount of any outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit and any Letter of Credit Reserve), ) or (Bb) the lesser of the Revolving Line or the Borrowing Base, minus (i) the sum of all outstanding principal amounts of any Advances (including any amounts used (and not repaid) for Cash Management Services), and minus (ii) the aggregate Dollar Equivalent of the face amount of any outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit and any Letter of Credit Reserve). The amount otherwise available for Credit Extensions under the Revolving Line shall be reduced by an amount equal to ten percent (10%) of each outstanding FX Forward Contract (the FX Reduction Amount”). Any amounts needed to fully reimburse Bank Agent and the Lenders for any amounts not paid by Borrower in connection with FX Forward Contracts will be treated as Advances under the Revolving Line and will accrue interest at the interest rate applicable to Advances.

Appears in 1 contract

Samples: Loan and Security Agreement (AtriCure, Inc.)

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Foreign Exchange Sublimit. As part of the Revolving Line and subject to the deduction of ReservesLine, Borrower may enter into foreign exchange contracts with Bank under which Borrower commits to purchase from or sell to Bank a specific amount of Foreign Currency (each, a “FX Forward Contract”) on a specified date (the “Settlement Date”). FX Contracts shall have a Settlement Date of at least one (1) FX Business Day after the contract date. The aggregate amount of FX Forward Contracts Reduction Amount at any one time may not exceed ten (10) times the lesser of (Aa) Seven Million Five Hundred Thousand Dollars ($7,500,000)i) the Bank Services Sublimit, minus (iii) the sum of all amounts used (and not re-paid) for Cash Management Services, and minus (iiiii) the aggregate Dollar Equivalent of the face amount of any outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit and any Letter of Credit Reserve), ) or (Bb) (i) the lesser of the Revolving Line or the Borrowing Base, minus (iii) the sum of all outstanding principal amounts of any Advances (including any amounts used (and not repaid) for Cash Management Services), and minus (iiiii) the aggregate Dollar Equivalent of the face amount of any outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit and any Letter of Credit Reserve). The amount otherwise available for Credit Extensions under the Revolving Line shall be reduced by an amount equal to ten percent (10%) of each outstanding FX Forward Contract (the FX Reduction Amount”). Any amounts needed to fully reimburse Bank for any amounts not paid by Borrower in connection with FX Forward Contracts will be treated as Advances under the Revolving Line and will accrue interest at the interest rate applicable to Advances.

Appears in 1 contract

Samples: Loan and Security Agreement (Magnite, Inc.)

Foreign Exchange Sublimit. As part of the Revolving Line and subject to the deduction of ReservesLine, Borrower may Bank may, in its good faith business discretion, enter into foreign exchange contracts with Bank Borrower under which Borrower commits to purchase from or sell to Bank a specific amount of Foreign Currency (each, a “FX Forward Contract”) on a specified date (the “Settlement Date”). FX Contracts shall have a Settlement Date of at least one (1) FX Business Day after the contract date. The aggregate amount of FX Forward Contracts Reduction Amount at any one time may not exceed ten (10) times the lesser of (Aa) Seven Million Five Hundred Thousand Dollars ($7,500,000)i) [*], minus (iii) the sum of all amounts used (and not re-paid) for Cash Management Services, and minus (iiiii) the aggregate Dollar Equivalent of the face amount of any outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit and any Letter of Credit Reserve), or ) and (Bb) (i) the lesser of the Revolving Line or the Borrowing Base, minus (iii) the sum of all outstanding principal amounts of any Advances (including any amounts used (and not repaid) for Cash Management Services), and minus (iiiii) the aggregate Dollar Equivalent of the face amount of any outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit and any Letter of Credit Reserve). The amount otherwise available for Credit Extensions under the Revolving Line shall be reduced by an amount equal to ten percent (10%) of each outstanding FX Forward Contract (the FX Reduction Amount”). Any amounts needed to fully reimburse Bank for any amounts not paid by Borrower in connection with FX Forward Contracts will be treated as Advances under the Revolving Line and will accrue interest at the interest rate applicable to Advances.

Appears in 1 contract

Samples: First Loan Modification Agreement (Acell Inc)

Foreign Exchange Sublimit. As part of the Revolving Line and subject to the deduction of ReservesLine, Borrower may enter into foreign exchange contracts with Bank under which Borrower commits to purchase from or sell to Bank a specific amount of Foreign Currency (each, a “FX Forward Contract”) on a specified date (the “Settlement Date”). FX Contracts shall have a Settlement Date of at least one (1) FX Business Day after the contract date. The aggregate amount of FX Forward Contracts Reduction Amount at any one time may not exceed ten (10) times the lesser of (A) Seven Fifteen Million Five Hundred Thousand Dollars ($7,500,00015,000,000), minus (i) the sum of all amounts used (and not re-paid) for Cash Management Services, and minus (ii) the aggregate Dollar Equivalent of the face amount of any outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit and any Letter of Credit Reserve), ) or (B) the lesser of the Revolving Line or the Borrowing Base, minus (i) the sum of all outstanding principal amounts of any Advances (including any amounts used (and not repaid) for Cash Management Services), and minus (ii) the aggregate Dollar Equivalent of the face amount of any outstanding Letters of Credit (including drawn but unreimbursed Letters of Credit and any Letter of Credit Reserve). The amount otherwise available for Credit Extensions under the Revolving Line shall be reduced by an amount equal to ten percent (10%) of each outstanding FX Forward Contract (the FX Reduction Amount”). Any amounts needed to fully reimburse Bank for any amounts not paid by Borrower in connection with FX Forward Contracts will be treated as Advances under the Revolving Line and will accrue interest at the interest rate applicable to Advances.

Appears in 1 contract

Samples: Loan and Security Agreement (Grove Collaborative Holdings, Inc.)

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