Common use of Foreign Exchange Usage and Sublimit Clause in Contracts

Foreign Exchange Usage and Sublimit. Subject to the availability of the Commitment and in reliance on the representations and warranties of Borrower set forth herein, at any time and from time to time from the date hereof through the banking day immediately prior to the Commitment Termination Date, Bank shall arrange the purchase by Borrower of foreign exchange futures contracts ("Exchange Contracts") as Borrower may request, which request shall be made by delivering to Bank a duly executed exchange contract application on Bank's standard form; provided, however, that the maximum aggregate notional contract amount under all such Exchange Contracts shall not at any time exceed $1,000,000.00; provided, further, that 10% of the maximum aggregate notional contract amount under all such Exchange Contracts shall be deemed to constitute outstanding Loans for the purpose of calculating availability under the Commitment. Unless Borrower shall have deposited with Bank cash collateral in an amount sufficient to cover all undrawn amounts under each such Exchange Contract and Bank shall have agreed in writing, no Exchange Contract shall have a due date that is later than the Commitment Termination Date. All Exchange Contracts shall be in form and substance acceptable to Bank in its sole discretion and shall be subject to the terms and conditions of Bank's form exchange contract application. Borrower will pay any standard issuance and other fees that Bank notifies Borrower will be charged for issuing and processing Exchange Contracts for Borrower. After and during the continuance of an Event of Default, Bank may, in its sole and absolute discretion, terminate any or all of the Exchange Contracts. Borrower agrees to indemnify and hold harmless Bank from and against all loss, costs and expense associated with any such termination of any Exchange Contract."

Appears in 1 contract

Samples: Edify Corp

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Foreign Exchange Usage and Sublimit. Subject to the availability of the Revolving Loan Commitment and in reliance on the representations and warranties of Borrower set forth herein, at any time and from time to time from the date hereof through the banking day Banking Day immediately prior to the Commitment Termination Revolving Loan Maturity Date, Bank shall arrange the purchase by Borrower of foreign exchange futures contracts ("Exchange Contracts") as Borrower may request, which request shall be made by delivering to Bank a duly executed exchange contract application on Bank's standard form; provided, however, that the maximum aggregate notional contract amount under all such Exchange Contracts shall not at any time exceed $1,000,000.00; 1,000,000.00 and provided, further, that 10% ten percent (10.0%) of the maximum aggregate notional contract amount under all such Exchange Contracts shall be deemed to constitute outstanding Revolving Loans for the purpose of calculating availability under the Revolving Loan Commitment. Unless Borrower shall have deposited with Bank cash collateral in an amount sufficient to cover all undrawn amounts under each such Exchange Contract and Bank shall have agreed in writing, no Exchange Contract shall have a due date that is later than the Commitment Termination Revolving Loan Maturity Date. All Exchange Contracts shall be in form and substance acceptable to Bank in its sole discretion and shall be subject to the terms and conditions of Bank's form exchange contract application. Borrower will pay any standard issuance and other fees that Bank notifies Borrower will be charged for issuing and processing Exchange Contracts for Borrower. After and during the continuance of an Event of Default, Bank may, in its sole and absolute discretion, terminate any or all of the Exchange Contracts. Borrower agrees to indemnify and hold harmless Bank from and against all loss, costs and expense associated with any such termination of any Exchange Contract."

Appears in 1 contract

Samples: Loan Agreement (Salon Internet Inc)

Foreign Exchange Usage and Sublimit. Subject to the availability of under the Commitment Revolving Line and in reliance on the representations and warranties of Borrower set forth herein, and provided that no Event of Default has occurred and is continuing, at any time and from time to time from the date hereof through the banking day Business Day immediately prior to the Commitment Termination Revolving Maturity Date, Bank shall arrange the purchase by Borrower of foreign exchange futures contracts ("Exchange Contracts") as Borrower may requestrequest to hedge foreign exchange transaction risk arising from foreign currency denominated accounts payable, which request shall be made by delivering to Bank a duly executed exchange contract application on Bank's ’s standard form; provided, however, that the maximum aggregate notional contract amount in United States Dollars under all such Exchange Contracts shall not at any time exceed $1,000,000.001,000,000; and provided, further, that 10% of the applicable Foreign Exchange Reserve Percentage (as defined below) times the maximum aggregate notional contract amount in United States Dollars under all such Exchange Contracts shall not at any time exceed $100,000 (the “Foreign Exchange Sublimit”) and shall be deemed to constitute outstanding Loans Advances for the purpose of calculating availability under the CommitmentRevolving Line. The “Foreign Exchange Reserve Percentage” shall be a percentage as determined by Bank in its sole discretion from time to time. Unless Borrower shall have deposited with Bank cash collateral in an amount sufficient to cover all undrawn amounts under each such Exchange Contract and Bank shall have agreed in writing, no Exchange Contract shall have a due date that is later than the Commitment Termination Revolving Maturity Date. All Exchange Contracts shall be in form and substance acceptable to Bank in its sole discretion and shall be subject to the terms and conditions of Bank's ’s form exchange contract application. Borrower will pay any standard issuance and other fees that Bank notifies Borrower will be charged for issuing and processing Exchange Contracts for Borrower. After and during the continuance of an Event of Default, Bank may, in its sole and absolute discretion, terminate any or all of the Exchange Contracts. Borrower agrees to indemnify and hold harmless Bank from and against all loss, costs and expense associated with any such termination of any Exchange Contract. If at any time for any reason, the amount of Obligations owed by Borrower to Bank pursuant to this Section 2.1(d) is greater than the aggregate amount available to be drawn under this Section 2.1(d), Borrower shall immediately pay to Bank, in cash, the amount of such excess."

Appears in 1 contract

Samples: Loan Agreement (Logicvision Inc)

Foreign Exchange Usage and Sublimit. Subject to the availability of the Revolving Commitment and in reliance on the representations and warranties of Borrower set forth herein, at any time and from time to time from the date hereof through the banking day Banking Day immediately prior to the Commitment Termination Revolving Maturity Date, Bank shall arrange the purchase by Borrower of foreign exchange futures contracts ("Exchange Contracts") as Borrower may request, which request shall be made by delivering to Bank a duly executed exchange contract application on Bank's standard form; provided, however, that the maximum aggregate notional contract amount under all such Exchange Contracts shall not at any time exceed $1,000,000.001,500,000.00; provided, further, that up to $150,000.00, representing ten percent (10% %) of the maximum aggregate notional contract amount under all such Exchange Contracts Contracts, shall be deemed to constitute outstanding Revolving Loans for the purpose of calculating availability under the Revolving Commitment. Unless Borrower shall have deposited with Bank cash collateral in an amount sufficient to cover all undrawn amounts under each such Exchange Contract and Bank shall have agreed in writing, no Exchange Contract shall have a due date that is later than the Commitment Termination DateRevolving Maturity Date subject to Bank's right to extend the due date of each such Exchange Contract beyond the Revolving Maturity Date in its sole and absolute discretion. All Exchange Contracts shall be in form and substance acceptable to Bank in its sole discretion and shall be subject to the terms and conditions of Bank's form exchange contract application. Borrower will pay any standard issuance and other fees that Bank notifies Borrower will be charged for issuing and processing Exchange Contracts for Borrower. After and during the continuance of an Event of Default, Bank may, in its sole and absolute discretion, terminate any or all of the Exchange Contracts. Borrower agrees to indemnify and hold harmless Bank from and against all loss, costs and expense associated with any such termination of any Exchange Contract."exchange

Appears in 1 contract

Samples: Loan Agreement (Identix Inc)

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Foreign Exchange Usage and Sublimit. Subject to the availability of the Facility-A Commitment and in reliance on the representations and warranties of Borrower set forth herein, at any time and from time to time from the date hereof through the banking business day immediately prior to the Commitment Termination Facility-A Maturity Date, Bank shall arrange the purchase by Borrower of foreign exchange futures contracts ("Exchange Contracts") as Borrower may request, which request shall be made by delivering to Bank a duly executed exchange contract application on Bank's standard form; provided, however, that the maximum aggregate notional contract amount under all such Exchange Contracts shall not at any time exceed $1,000,000.00; 1,000,000, provided, further, that 10% of the maximum aggregate notional contract amount under all such Exchange Contracts shall be deemed to constitute outstanding Facility-A Loans for the purpose of calculating availability under the Facility-A Commitment. Unless Borrower shall have deposited with Bank cash collateral in an amount sufficient to cover all undrawn amounts under each such Exchange Contract and Bank shall have agreed in writing, no Exchange Contract shall have a due date that is later than the Commitment Termination Facility-A Maturity Date. All Exchange Contracts shall be in form and substance acceptable to Bank in its sole discretion and shall be subject to the terms and conditions of Bank's form exchange contract application. Borrower will pay any standard issuance and other fees that Bank notifies Borrower will be charged for issuing and processing Exchange Contracts for Borrower. After and during the continuance of an Event of Default, Bank may, in its sole and absolute discretion, terminate any or all of the Exchange Contracts. Borrower agrees to indemnify and hold harmless Bank from and against all loss, costs and expense associated with any such termination of any Exchange Contract."

Appears in 1 contract

Samples: Security and Loan Agreement (Brocade Communications Systems Inc)

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