Common use of Foreign Exchange Sublimit Clause in Contracts

Foreign Exchange Sublimit. As part of the Revolving Line, 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 Forward Contracts shall have a Settlement Date of at least one (1) FX Business Day after the contract date and shall be subject to a reserve of ten percent (10%) of each outstanding FX Forward Contract in a maximum aggregate amount equal to Two Hundred Fifty Thousand Dollars ($250,000) (the “FX Reserve”). The aggregate amount of FX Forward Contracts at any one time may not exceed ten (10) times the amount of the FX Reserve and the aggregate amount of FX Forward Contracts may not exceed Two Million Five Hundred Thousand Dollars ($2,500,000), inclusive of Credit Extensions relating to Sections 2.1.3, and 2.1.5.

Appears in 2 contracts

Samples: Loan and Security Agreement (Trustwave Holdings, Inc.), Seventh Loan Modification Agreement (Trustwave Holdings, Inc.)

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Foreign Exchange Sublimit. As part of the Revolving Line, 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 Forward Contracts shall have a Settlement Date of at least one (1) FX Business Day after the contract date and shall be subject to a reserve of ten percent (10%) of each outstanding FX Forward Contract in a maximum aggregate amount equal to Two One Hundred Fifty Thousand Dollars ($250,000100,000.00) (the “FX Reserve”). The aggregate amount of FX Forward Contracts at any one time may not exceed ten (10) times the amount of the FX Reserve and the aggregate amount of FX Forward Contracts may not exceed Two One Million Five Hundred Thousand Dollars ($2,500,0001,000,000.00), inclusive of Credit Extensions relating to Sections 2.1.3, 2.1.2 and 2.1.52.1.4.

Appears in 2 contracts

Samples: Loan and Security Agreement (Soundbite Communications Inc), Loan and Security Agreement (SALARY.COM, Inc)

Foreign Exchange Sublimit. As part of the Revolving Formula Line, 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 Forward Contracts shall have a Settlement Date of at least one (1) FX Business Day after the contract date and shall be subject to a reserve of ten percent (10%) of each outstanding FX Forward Contract in a maximum aggregate amount equal to Two Hundred Fifty Thousand Dollars ($250,000) 1,000,000.00 (the “FX Reserve”), inclusive of Credit Extensions relating to Sections 2.1.1, 2.1.2 and 2.1.4. The aggregate amount of FX Forward Contracts at any one time may not exceed ten (10) times the amount of the FX Reserve and the aggregate amount of FX Forward Contracts may not exceed Two Million Five Hundred Thousand Dollars ($2,500,000), inclusive of Credit Extensions relating to Sections 2.1.3, and 2.1.5Reserve.

Appears in 1 contract

Samples: Loan and Security Agreement (Datawatch Corp)

Foreign Exchange Sublimit. As part of the Revolving Line, 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”FORWARD CONTRACT") on a specified date (the “Settlement Date”"SETTLEMENT DATE"). FX Forward Contracts shall have a Settlement Date of at least one (1) FX Business Day after the contract date and shall be subject to a reserve of ten percent (10%) of each outstanding FX Forward Contract in a maximum aggregate amount equal to Two Five Hundred Fifty Thousand Dollars ($250,000500,000.00) (the "FX Reserve”RESERVE"). The aggregate amount of FX Forward Contracts at any one time may not exceed ten (10) times the amount of the FX Reserve and the aggregate amount of FX Forward Contracts may not exceed Two Five Million Five Hundred Thousand Dollars ($2,500,0005,000,000.00), inclusive of Credit Extensions relating to Sections 2.1.3, 2.1.2 and 2.1.52.1.4.

Appears in 1 contract

Samples: Loan and Security Agreement (Evergreen Solar Inc)

Foreign Exchange Sublimit. As part of the Revolving Line, 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 Forward Contracts shall have a Settlement Date of at least one (1) FX Business Day after the contract date and shall be subject to a reserve of ten percent (10%) of each outstanding FX Forward Contract in a maximum aggregate amount equal to Two Hundred Fifty Seventy-Five Thousand Dollars ($250,00075,000.00) (the “FX Reserve”). The aggregate amount of FX Forward Contracts at any one time may not exceed ten (10) times the amount of the FX Reserve and the aggregate amount of FX Forward Contracts may not exceed Two Million Five Seven Hundred Fifty Thousand Dollars ($2,500,000750,000.00), inclusive of Credit Extensions relating to Sections 2.1.3, 2.1.2 and 2.1.52.1.4.

Appears in 1 contract

Samples: Loan and Security Agreement (Sonic Foundry Inc)

Foreign Exchange Sublimit. As part of the Revolving Line, 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 Forward Contracts shall have a Settlement Date of at least one (1) FX Business Day after the contract date and shall be subject to a reserve of ten percent (10%) of each outstanding FX Forward Contract in a maximum aggregate amount equal to Two Hundred Fifty Thousand Three Million Dollars ($250,0003,000,000.00) (the “FX Reserve”). The aggregate amount of FX Forward Contracts at any one time may not exceed ten (10) times the amount of the FX Reserve and the aggregate amount of FX Forward Contracts may not exceed Two Thirty Million Five Hundred Thousand Dollars ($2,500,00030,000,000.00), inclusive of all Credit Extensions relating to Sections 2.1.32.1.1, 2.1.2, and 2.1.5.2.1.4..

Appears in 1 contract

Samples: Loan and Security Agreement (LTX Corp)

Foreign Exchange Sublimit. As part of the Revolving Line, 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 Forward Contracts shall have a Settlement Date of at least one (1) FX Business Day after the contract date and shall be subject to a reserve of ten percent (10%) of each outstanding FX Forward Contract in a maximum aggregate amount equal to Two Five Hundred Fifty Thousand Dollars ($250,000500,000) (the “FX Reserve”). The aggregate amount of FX Forward Contracts at any one time may not exceed ten (10) times the amount of the FX Reserve and the aggregate amount of FX Forward Contracts may not exceed Two Five Million Five Hundred Thousand Dollars ($2,500,0005,000,000), inclusive of Credit Extensions relating to Sections 2.1.3, and 2.1.5.

Appears in 1 contract

Samples: Seventh Loan Modification Agreement (Trustwave Holdings, Inc.)

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Foreign Exchange Sublimit. As part of the Revolving Line, 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”FORWARD CONTRACT") on a specified date (the “Settlement Date”"SETTLEMENT DATE"). FX Forward Contracts shall have a Settlement Date of at least one (1) FX Business Day after the contract date and shall be subject to a reserve of ten percent (10%) of each outstanding FX Forward Contract in a maximum aggregate amount equal to Two One Million Five Hundred Fifty Thousand Dollars ($250,0001,500,000.00) (the "FX Reserve”RESERVE"). The aggregate amount of FX Forward Contracts at any one time may not exceed ten (10) times the amount of the FX Reserve and the aggregate amount of FX Forward Contracts may not exceed Two Fifteen Million Five Hundred Thousand Dollars ($2,500,00015,000,000.00), inclusive of Credit Extensions relating to Sections 2.1.32.1.1, 2.1.2 and 2.1.52.1.4.

Appears in 1 contract

Samples: Loan and Security Agreement (Netezza Corp)

Foreign Exchange Sublimit. As part of the Revolving Line, 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 Forward Contracts shall have a Settlement Date of at least one (1) FX Business Day after the contract date and shall be subject to a reserve of ten percent (10%) of each outstanding FX Forward Contract in a maximum aggregate amount equal to Two One Million Five Hundred Fifty Thousand Dollars ($250,0001,500,000.00) (the "FX Reserve"). The aggregate amount of FX Forward Contracts at any one time may not exceed ten (10) times the amount of the FX Reserve and the aggregate amount of FX Forward Contracts may not exceed Two Fifteen Million Five Hundred Thousand Dollars ($2,500,00015,000,000.00), inclusive of Credit Extensions relating to Sections 2.1.32.1.2 and 2.1.4." 3 The Loan Agreement shall be amended by deleting the following text appearing as Section 2.1.4 thereof, and 2.1.5.entitled "Cash Management Services Sublimit":

Appears in 1 contract

Samples: Loan Modification Agreement (Equallogic Inc)

Foreign Exchange Sublimit. As part of the Revolving Line, 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”FORWARD CONTRACT") on a specified date (the “Settlement Date”"SETTLEMENT DATE"). FX Forward Contracts shall have a Settlement Date of at least one (1) FX Business Day after the contract date and shall be subject to a reserve of ten percent (10%) of each outstanding FX Forward Contract in a maximum aggregate amount equal to Two Hundred Fifty Thousand One Million Dollars ($250,0001,000,000.00) (the "FX Reserve”RESERVE"), inclusive of Credit Extensions relating to Sections 2.1.2 and 2.1.4. The aggregate amount of FX Forward Contracts at any one time may not exceed ten (10) times the amount of the FX Reserve and the aggregate amount of FX Forward Contracts may not exceed Two Million Five Hundred Thousand Dollars ($2,500,000), inclusive of Credit Extensions relating to Sections 2.1.3, and 2.1.5Reserve.

Appears in 1 contract

Samples: Loan and Security Agreement (Voxware Inc)

Foreign Exchange Sublimit. As part of the Revolving LineLine 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”). FX Forward Contracts shall have a Settlement Date of at least one (1) FX Business Day after the contract date and shall be subject to a reserve of ten percent (10%) of each outstanding FX Forward Contract in a maximum aggregate amount equal to Two Hundred Fifty Thousand One Million Dollars ($250,0001,000,000.00) (the “FX Reserve”), inclusive of Credit Extensions relating to Sections 2.1.2 and 2.1.4. The aggregate amount of FX Forward Contracts at any one time may not exceed ten (10) times the amount of the FX Reserve and the aggregate amount of FX Forward Contracts may not exceed Two Million Five Hundred Thousand Dollars ($2,500,000), inclusive of Credit Extensions relating to Sections 2.1.3, and 2.1.5Reserve.

Appears in 1 contract

Samples: Loan and Security Agreement (Voxware Inc)

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