Common use of Foreign Exchange Sublimit Clause in Contracts

Foreign Exchange Sublimit. Subject to and upon the terms and conditions of this Agreement and any other agreement that a Borrower may enter into with the Bank in connection with foreign exchange transactions (“FX Contracts”), Parent may request Bank to enter into FX Contracts with a Borrower due not later than the Revolving Maturity Date. Borrowers shall pay any standard issuance and other fees that Bank notifies Parent will be charged for issuing and processing FX Contracts for such Borrower. The FX Amount shall at all times be equal to or less than the Foreign Exchange Sublimit. The “FX Amount” shall equal the amount determined by multiplying (i) the aggregate amount, in United States Dollars, of FX Contracts between a Borrower and Bank remaining outstanding as of any date of determination by (ii) the applicable Foreign Exchange Reserve Percentage as of such date. The “Foreign Exchange Reserve Percentage” shall be a percentage as determined by Bank, in its sole discretion from time to time. The initial Foreign Exchange Reserve Percentage shall be fifty percent (50%).

Appears in 3 contracts

Samples: Loan and Security Agreement (Lyris, Inc.), Loan and Security Agreement (Lyris, Inc.), Loan and Security Agreement (Jl Halsey Corp)

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Foreign Exchange Sublimit. Subject to and upon the terms and conditions of this Agreement and any other agreement that a Borrower may enter into with the Bank in connection with foreign exchange transactions (“FX Contracts”), Parent Borrower may request Bank to enter into FX Contracts with a Borrower due not later than the Revolving Maturity Date. Borrowers Borrower shall pay any standard issuance and other fees that Bank notifies Parent Borrower will be charged for issuing and processing FX Contracts for such Borrower. The FX Amount shall at all times be equal to or less than the Foreign Exchange SublimitOne Million Dollars ($1,000,000). The “FX Amount” shall equal the amount determined by multiplying (i) the aggregate amount, in United States Dollars, of FX Contracts between a Borrower and Bank remaining outstanding as of any date of determination by (ii) the applicable Foreign Exchange Reserve Percentage as of such date. The “Foreign Exchange Reserve Percentage” shall be a percentage as determined by Bank, in its sole discretion from time to time. The initial Foreign Exchange Reserve Percentage shall be fifty ten percent (5010%).

Appears in 3 contracts

Samples: Loan and Security Agreement, Loan and Security Agreement (Legalzoom Com Inc), Loan and Security Agreement (Biolase Technology Inc)

Foreign Exchange Sublimit. Subject to and upon the terms and conditions of this Agreement and any other agreement that a Borrower may enter into with the Bank in connection with foreign exchange transactions (“FX Contracts”), Parent Borrower may request Bank to enter into FX Contracts with a Borrower due not later than the Revolving Maturity Date. Borrowers Borrower shall pay any standard issuance and other fees that Bank notifies Parent Borrower will be charged for issuing and processing FX Contracts for such Borrower. The FX Amount shall at all times be equal to or less than the Foreign Exchange Sublimit. The “FX Amount” shall equal the amount determined by multiplying (i) the aggregate amount, in United States Dollars, of FX Contracts between a Borrower and Bank remaining outstanding as of any date of determination by (ii) the applicable Foreign Exchange Reserve Percentage as of such date. The “Foreign Exchange Reserve Percentage” shall be a percentage as determined by Bank, in its sole discretion from time to time. The initial Foreign Exchange Reserve Percentage shall be fifty ten percent (5010%).

Appears in 2 contracts

Samples: Loan and Security Agreement (Wind Power Holdings Inc), Loan and Security Agreement (Wind Power Holdings Inc)

Foreign Exchange Sublimit. Subject to and upon the terms and conditions of this Agreement and any other agreement that a Borrower may enter into with the Bank in connection with foreign exchange transactions (“FX Contracts”), Parent Borrower may request Bank to enter into FX Contracts with a Borrower due not later than the Revolving Maturity Date. Borrowers Borrower shall pay any standard issuance and other fees that Bank notifies Parent Borrower will be charged for issuing and processing FX Contracts for such Borrower. The FX Amount shall at all times be equal to or less than the Foreign Exchange SublimitOne Million Five Hundred Thousand Dollars ($1,500,000). The “FX Amount” shall equal the amount determined by multiplying (i) the aggregate amount, in United States Dollars, of FX Contracts between a Borrower and Bank remaining outstanding as of any date of determination determination, by (ii) the applicable Foreign Exchange Reserve Percentage as of such date. The “Foreign Exchange Reserve Percentage” shall be a percentage as determined by Bank, in its sole discretion from time to time. The initial Foreign Exchange Reserve Percentage shall be fifty ten percent (5010%).

Appears in 1 contract

Samples: Loan and Security Agreement (Legalzoom Com Inc)

Foreign Exchange Sublimit. Subject to and upon the terms and conditions of this Agreement and any other agreement that a Borrower may enter into with the Bank in connection with foreign exchange transactions (“FX Contracts”), Parent Borrower may request Bank to enter into FX Contracts with a Borrower due not later than the Revolving Maturity Termination Date. Borrowers Borrower shall pay any standard issuance and other fees that Bank notifies Parent Borrower will be charged for issuing and processing FX Contracts for such Borrower. The FX Amount shall at all times be equal to or less than the Foreign Exchange SublimitTwo Million Five Hundred Thousand Dollars ($2,500,000). The “FX Amount” shall equal the amount determined by multiplying (i) the aggregate amount, in United States Dollars, of FX Contracts between a Borrower and Bank remaining outstanding as of any date of determination by (ii) the applicable Foreign Exchange Reserve Percentage as of such date. The “Foreign Exchange Reserve Percentage” shall be a percentage as determined by Bank, in its sole discretion from time to time. The initial Foreign Exchange Reserve Percentage shall be fifty ten percent (5010%).

Appears in 1 contract

Samples: Revolving Credit and Security Agreement (Avanex Corp)

Foreign Exchange Sublimit. Subject to and upon the terms and conditions of this Agreement and any other agreement that a Borrower may enter into with the Bank in connection with foreign exchange transactions (“FX Contracts”), Parent Borrower may request Bank to enter into FX Contracts with a Borrower due not later than the Revolving Maturity Date. Borrowers Borrower shall pay any standard issuance and other fees that Bank notifies Parent Borrower will be charged for issuing and processing FX Contracts for such Borrower. The FX Amount shall at all times be equal to or less than the Foreign Exchange SublimitFive Million Dollars ($5,000,000). The “FX Amount” shall equal the amount determined by multiplying (i) the aggregate amount, in United States Dollars, of FX Contracts between a Borrower and Bank remaining outstanding as of any date of determination by (ii) the applicable Foreign Exchange Reserve Percentage as of such date. The “Foreign Exchange Reserve Percentage” shall be a percentage as determined by Bank, in its sole discretion from time to time. The initial Foreign Exchange Reserve Percentage shall be fifty ten percent (5010%).

Appears in 1 contract

Samples: Loan and Security Agreement (Align Technology Inc)

Foreign Exchange Sublimit. Subject to and upon the terms and conditions of this Agreement and any other agreement that a Borrower may enter into with the Bank in connection with foreign exchange transactions (“FX Contracts”), Parent Borrower may request Bank to enter into FX Contracts with a Borrower due not later than the Revolving Maturity Date. Borrowers Borrower shall pay any standard issuance and other fees that Bank notifies Parent Borrower will be charged for issuing and processing FX Contracts for such Borrower. The FX Amount shall at all times be equal to or less than the Foreign Exchange SublimitOne Hundred Eighty Thousand Dollars ($180,000). The “FX Amount” shall equal the amount determined by multiplying (i) the aggregate amount, in United States Dollars, of FX Contracts between a Borrower and Bank remaining outstanding as of any date of determination by (ii) the applicable Foreign Exchange Reserve Percentage as of such date. The “Foreign Exchange Reserve Percentage” shall be a percentage as determined by Bank, in its sole discretion from time to time. The initial Foreign Exchange Reserve Percentage shall be fifty ten percent (5010%).

Appears in 1 contract

Samples: Loan and Security Agreement (Proxim Wireless Corp)

Foreign Exchange Sublimit. Subject to and upon the terms and conditions of this Agreement and any other agreement that a Borrower may enter into with the Bank in connection with foreign exchange transactions (“FX Contracts”), Parent Borrower may request Bank to enter into FX Contracts with a Borrower due not later than the Revolving Maturity Date. Borrowers Borrower shall pay any standard issuance and other fees that Bank notifies Parent Borrower will be charged for issuing and processing FX Contracts for such Borrower. The FX Amount shall at all times be equal to or less than the Foreign Exchange SublimitTwo Hundred Thousand Dollars ($200,000). The “FX Amount” shall equal the amount determined by multiplying (i) the aggregate amount, in United States Dollars, of FX Contracts between a Borrower and Bank remaining outstanding as of any date of determination by (ii) the applicable Foreign Exchange Reserve Percentage as of such date. The “Foreign Exchange Reserve Percentage” shall be a percentage as determined by Bank, in its sole discretion from time to time. The initial Foreign Exchange Reserve Percentage shall be fifty percent (50%).

Appears in 1 contract

Samples: Loan and Security Agreement (Logicvision Inc)

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Foreign Exchange Sublimit. Subject to and upon the terms and conditions of this Agreement and any other agreement that a Borrower may enter into with the Bank in connection with foreign exchange transactions (“FX Contracts”), Parent Borrower may request Bank to enter into FX Contracts with a Borrower due not later than the Revolving Maturity Date. Borrowers Borrower shall pay any standard issuance and other fees that Bank notifies Parent Borrower in advance that will be charged for issuing and processing FX Contracts for such Borrower. The FX Amount shall at all times be equal to or less than the Foreign Exchange Sublimit. The “FX Amount” shall equal the amount determined by multiplying (i) the aggregate amount, in United States Dollars, of FX Contracts between a Borrower and Bank remaining outstanding as of any date of determination by (ii) the applicable Foreign Exchange Reserve Percentage as of such date. The “Foreign Exchange Reserve Percentage” shall be a percentage as determined by Bank, in its sole discretion from time to time. The initial Foreign Exchange Reserve Percentage shall be fifty ten percent (5010%).

Appears in 1 contract

Samples: Loan and Security Agreement (Opentable Inc)

Foreign Exchange Sublimit. Subject to and upon the terms and conditions of this Agreement and any other agreement that a Borrower may enter into with the Bank in connection with foreign exchange transactions (“FX Contracts”), Parent Borrower may request Bank to enter into FX Contracts with a Borrower due not later than the Revolving Maturity Date. Borrowers Borrower shall pay any standard issuance and other fees that Bank notifies Parent Borrower will be charged for issuing and processing FX Contracts for such Borrower. The FX Amount shall at all times be equal to or less than the Foreign Exchange SublimitTwo Hundred Fifty Thousand Dollars ($250,000). The “FX Amount” shall equal the amount determined by multiplying (i) the aggregate amount, in United States Dollars, of FX Contracts between a Borrower and Bank remaining outstanding as of any date of determination by (ii) the applicable Foreign Exchange Reserve Percentage as of such date. The “Foreign Exchange Reserve Percentage” shall be a percentage as determined by Bank, in its sole discretion from time to time. The initial Foreign Exchange Reserve Percentage shall be fifty ten percent (5010%).

Appears in 1 contract

Samples: Loan Agreement (Proxim Wireless Corp)

Foreign Exchange Sublimit. Subject to and upon the terms and conditions of this Agreement and any other agreement that a Borrower may enter into with the Bank in connection with foreign exchange transactions (“FX Contracts”), Parent Borrower may request Bank to enter into FX Contracts with a Borrower due not later than the Revolving Maturity Date. Borrowers Borrower shall pay any standard issuance and other fees that Bank notifies Parent Borrower will be charged for issuing and processing FX Contracts for such Borrower. The FX Amount shall at all times be equal to or less than the Foreign Exchange FX Sublimit. The “FX Amount” shall equal the amount determined by multiplying (i) the aggregate amount, in United States Dollars, of FX Contracts between a Borrower and Bank remaining outstanding as of any date of determination by (ii) the applicable Foreign Exchange Reserve Percentage as of such date. The “Foreign Exchange Reserve Percentage” shall be a percentage as determined by Bank, in its sole discretion from time to time. The initial Foreign Exchange Reserve Percentage shall be fifty ten percent (5010%).

Appears in 1 contract

Samples: Loan and Security Agreement (Hireright Inc)

Foreign Exchange Sublimit. Subject to and upon the terms and conditions of this Agreement and any other agreement that a Borrower may enter into with the Bank in connection with foreign exchange transactions (“FX Contracts”), Parent Borrower may request Bank to enter into FX Contracts with a Borrower due not later than the Revolving Maturity Date. Borrowers Borrower shall pay any standard issuance and other fees that Bank notifies Parent Borrower will be charged for issuing and processing FX Contracts for such Borrower. The FX Amount shall at all times be equal to or less than the Foreign Exchange SublimitTwo Hundred Fify Thousand Dollars ($250,000). The “FX Amount” shall equal the amount determined by multiplying (i) the aggregate amount, in United States Dollars, of FX Contracts between a Borrower and Bank remaining outstanding as of any date of determination by (ii) the applicable Foreign Exchange Reserve Percentage as of such date. The “Foreign Exchange Reserve Percentage” shall be a percentage as determined by Bank, in its sole discretion from time to time. The initial Foreign Exchange Reserve Percentage shall be fifty ten percent (5010%).

Appears in 1 contract

Samples: Loan and Security Agreement (Wj Communications Inc)

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