Maintenance of Cash and Cash Equivalents Sample Clauses

Maintenance of Cash and Cash Equivalents. During the period commencing on the Closing Date and ending on April 15, 1999, the Parent shall at all times hold cash or Cash Equivalents of not less than $1,000,000 in the aggregate in an investment account at a financial institution reasonably satisfactory to the Purchasers which shall not be subject to any Encumbrance other than Permitted Encumbrances. During such period, the Parent shall provide copies of all notices or reports delivered to it in respect of such account to the Purchasers within 5 Business Days of the receipt thereof.
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Maintenance of Cash and Cash Equivalents. While any Notes are ---------------------------------------- outstanding, the Borrower will, at all times, maintain unrestricted cash and Cash Equivalents, together with availability under the Borrower's revolving line of credit, in an aggregate amount not less than $500,000, free and clear of all Liens (other than Permitted Liens within the meaning of clauses (a), (h) or (i) of such defined term) and any right of offset. In the event that such unrestricted cash and Cash Equivalents maintained by the Borrower hereunder shall at the end of any fiscal quarter (as reflected in Borrower's Quarterly Report on Form 10-Q under the Exchange Act for such fiscal quarter) be in an aggregate amount less than such amount, the Borrower shall deliver to each Lender at the Borrower's expense, a letter of credit (in form and substance acceptable to such Lender) and issued by a bank reasonably acceptable to such Lender in a face amount equal to the sum of 100% of the then outstanding principal amount of such Lender's Note plus interest payable thereon until the maturity date thereof. Such letters of credit shall provide, among other things, that the beneficiary thereof shall have the right to draw thereunder upon presentation of a draft together with a certificate signed by such Lender referring to this Agreement and the Notes held by such Lender and certifying that an Event of Default has occurred and is continuing under the Transaction Documents.
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Maintenance of Cash and Cash Equivalents. While any ---------------------------------------- Debentures are outstanding, the Company will, at all times, maintain unrestricted cash and Cash Equivalents, together with availability under the Company's revolving line of credit, in an aggregate amount not less than $500,000, free and clear of all Liens (other than any right of offset of the Company's bank lenders). In the event that such unrestricted cash and Cash Equivalents maintained by the Company hereunder shall at the end of any fiscal quarter (as reflected in Company's Quarterly Report on Form 10-Q under the Exchange Act for such fiscal quarter be in an aggregate amount less than such amount, the Company shall deliver to each Investor at the Company's expense, a letter of credit (in form and substance acceptable to such Investor) and issued by a bank acceptable to such Investor in a face amount equal to the sum of 100% of the then outstanding principal amount of such Investor's Debenture plus interest payable thereon until the maturity date thereof. Such letters of credit shall provide, among other things, that the beneficiary thereof shall have the right to draw thereunder upon presentation of a draft together with a certificate signed by such Investor referring to this Agreement and the Debentures held by such Investor and certifying that an Event of Default has occurred and is continuing under the Transaction Documents.
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Maintenance of Cash and Cash Equivalents. From and after the Amendment Effective Date, hold, directly or indirectly, any cash or Cash Equivalents, except as follows: (a) the Borrower and its Restricted Subsidiaries may hold cash in operating accounts maintained with any bank or other financial institution reasonably satisfactory to the Administrative Agent (the "Operating Accounts") so long as, at the close of business on any day (after giving effect to any transfers at such close of business to the Collateral and Securities Account), the amount on deposit in all Operating Accounts shall not exceed, in the aggregate, [REDACTED]*; and (b) the Borrower and its Restricted Subsidiaries shall maintain all cash and Cash Equivalents, other than cash on deposit in an Operating Account to the extent permitted by the foregoing paragraph (a), in an account or accounts (collectively, the "Collateral and Securities Account") at The Chase Manhattan Bank, which shall be established and maintained upon the following terms: (i) the Collateral and Securities Account shall be established pursuant to agreements in form and substance reasonably satisfactory to the Administrative Agent, which shall in any event provide that (1) the Collateral and Securities Account, and all cash and Cash Equivalents from time to time credited thereto, and all earnings thereon, shall constitute Collateral in which the Collateral Agent has a security interest to secure the Secured Obligations (as defined in the Collateral Agency and Intercreditor Agreement) and (2) the Collateral Agent shall have sole dominion and control of the Collateral and Securities Account, and neither the Borrower nor any Restricted Subsidiary shall have any right of withdrawal therefrom, except as provided in clause (ii) below; (ii) upon receipt by the Collateral Agent of a request from the Borrower (1) stating that the aggregate amount on deposit in all Operating Accounts as of the close of business on the immediately preceding Business Day was not more than [REDACTED]* and (2) requesting that the Collateral Agent transfer from the Collateral and Securities Account to an Operating Account funds in an amount which, after giving effect to such transfer, will not cause the provisions of this Section 6.13 to be violated, the Collateral Agent will transfer such requested amount in accordance with such request. 20. Amendment to Section 7(c). Section 7(c) is hereby amended to read in its entirety as follows:
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Maintenance of Cash and Cash Equivalents. Permit, at any time, the cash and cash equivalents of the Borrower and its Subsidiaries on deposit with, or is- sued by, the Bank to be in an amount less than $2,000,000.
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Maintenance of Cash and Cash Equivalents. Permit the aggregate balance of cash and Cash Equivalents in Deposit Accounts (other than any checking accounts) in the United States as to which the Agent has a perfected security interest to be less than $250,000,000 at any time.
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Related to Maintenance of Cash and Cash Equivalents

  • Cash and Cash Equivalents As of any date of determination, the sum of (a) the aggregate amount of unrestricted cash then actually held by the Borrower or any of its Subsidiaries, (b) the aggregate amount of unrestricted cash equivalents (valued at fair market value) then held by the Borrower or any of its Subsidiaries and (c) the aggregate amount of cash then actually held by the Borrower or any of its Subsidiaries in the form of tenant security deposits, but only to the extent such tenant security deposits are included as a liability on the Borrower’s Consolidated balance sheet, escrows and reserves. As used in this definition, (i) “unrestricted” means the specified asset is not subject to any Liens in favor of any Person, and (ii) “cash equivalents” means that such asset has a liquid, par value in cash and is convertible to cash on demand. Notwithstanding anything contained herein to the contrary, the term Cash and Cash Equivalents shall not include the Loan. CERCLA. See §7.18.

  • Types of Cash Accounts Cash accounts opened on the books of the Custodian (Principal Accounts) shall be opened in the name of the Fund. Such accounts collectively shall be a deposit obligation of the Custodian and shall be subject to the terms of this Section 7 and the general liability provisions contained in Section 9. Cash accounts opened on the books of a Subcustodian may be opened in the name of the Fund or the Custodian or in the name of the Custodian for its customers generally (Agency Accounts). Such deposits shall be obligations of the Subcustodian and shall be treated as an Investment of the Fund. Accordingly, the Custodian shall be responsible for exercising reasonable care in the administration of such accounts but shall not be liable for their repayment in the event such Subcustodian, by reason of its bankruptcy, insolvency or otherwise, fails to make repayment.

  • Cash Any U.S. dollars available to the Depositary resulting from a cash dividend or other cash distribution or the net proceeds of sales of any other distribution or portion thereof authorized in this paragraph (10) ("Cash"), on an averaged or other practicable basis, subject to (i) appropriate adjustments for taxes withheld, (ii) such distribution being impermissible or impracticable with respect to certain Holders, and (iii) deduction of the Depositary's expenses in (1) converting any foreign currency to U.S. dollars by sale or in such other manner as the Depositary may determine to the extent that it determines that such conversion may be made on a reasonable basis, (2) transferring foreign currency or U.S. dollars to the United States by such means as the Depositary may determine to the extent that it determines that such transfer may be made on a reasonable basis, (3) obtaining any approval or license of any governmental authority required for such conversion or transfer, which is obtainable at a reasonable cost and within a reasonable time and (4) making any sale by public or private means in any commercially reasonable manner. (b)

  • Cash Equivalents As of any date, (i) securities issued or directly and fully guaranteed or insured by the United States government or any agency or instrumentality thereof having maturities of not more than one year from such date, (ii) time deposits and certificates of deposits having maturities of not more than one year from such date and issued by any domestic commercial bank having, (A) senior long term unsecured debt rated at least A or the equivalent thereof by S&P or A2 or the equivalent thereof by Xxxxx’x and (B) capital and surplus in excess of $100,000,000.00; (iii) commercial paper rated at least A-1 or the equivalent thereof by S&P or P-1 or the equivalent thereof by Xxxxx’x and in either case maturing within one hundred twenty (120) days from such date, and (iv) shares of any money market mutual fund rated at least AAA or the equivalent thereof by S&P or at least Aaa or the equivalent thereof by Xxxxx’x.

  • XXXXX CASH 25 CONTRACTOR is authorized to establish a xxxxx cash fund in an amount not 26 to exceed one thousand dollars ($1,000).

  • Maintenance of Capital Accounts There shall be established for each Partner on the books of the Partnership as of the date such Partner becomes a Partner a capital account (each being a “Capital Account”). Each Capital Contribution by any Partner, if any, shall be credited to the Capital Account of such Partner on the date such Capital Contribution is made to the Partnership. In addition, each Partner’s Capital Account shall be (a) credited with (i) such Partner’s allocable share of Net Income of the Partnership and any item of income or gain (including unrealized gain to the extent allowable) that is specially allocated for Section 704(b) book purposes to such Partner pursuant to Section 5.4(e) or Section 6.2(b), and (ii) the amount of any Partnership liabilities that are assumed by the Partner or secured by any Partnership property distributed to the Partner, (b) debited with (i) the amount of distributions (and deemed distributions) to such Partner of cash or the fair market value of other property so distributed, (ii) such Partner’s allocable share of Net Loss of the Partnership and any item of deduction or loss (including unrealized loss to the extent allowable) that is specially allocated for Section 704(b) book purposes to such Partner pursuant to Section 6.2(b), and (iii) the amount of any liabilities of the Partner assumed by the Partnership or which are secured by any property contributed by the Partner to the Partnership and (c) otherwise maintained in accordance with the provisions of the Code and the United States Treasury Regulations promulgated thereunder. Any other item which is required to be reflected in a Partner’s Capital Account under Section 704(b) of the Code and the United States Treasury Regulations promulgated thereunder or otherwise under this Agreement shall be so reflected. The General Partner shall make such adjustments to Capital Accounts as it determines in its sole discretion to be appropriate to ensure allocations are made in accordance with a Partner’s interest in the Partnership. Interest shall not be payable on Capital Account balances. Notwithstanding anything to the contrary contained in this Agreement, the General Partner shall maintain the Capital Accounts of the Partners in accordance with the principles and requirements set forth in Section 704(b) of the Code and the United States Treasury Regulations promulgated thereunder, provided, however, for purposes of this Agreement, (i) each holder of a series of Class B Common Units that is also a holder of regular Common Units, another series of Class B Common and/or a series of Class C Common Units and (ii) each holder of a series of Class C Common Units that is also a holder of regular Common Units, another series of Class C Common Units and/or a series of Class B Common Units shall, in each case under clause (i) or clause (ii), be deemed to have a separate Capital Account for each series of Class B Common Units, for each series of Class C Common Units and for the regular Common Units held by such holder. The Capital Account balance of a Partner with respect to each Preferred Unit held by such Partner shall equal the Liquidation Preference per Preferred Unit as of the date such Preferred Unit is initially issued and shall be increased as set forth in Article XVI.

  • Investment of Cash Collateral Pursuant to the SLA, the Client shall have the right to invest Cash Collateral received in respect of any loan, subject to an obligation, upon the termination of the loan, to return to the Approved Borrower the amount of cash initially pledged (as adjusted for any interim marks-to-market).

  • Distributions of Cash Flow Cash flow for each taxable year of the Company shall be distributed to the Member at such times and in such amounts as the Member shall determine.

  • Payments and Credits with Respect to the Cash Accounts The Custodian shall make payments from or deposits to any of said accounts in the course of carrying out its administrative duties, including but not limited to income collection with respect to the Fund's Investments, and otherwise in accordance with Instructions. The Custodian and its Subcustodians shall be required to credit amounts to the cash accounts only when moneys are actually received in cleared funds in accordance with banking practice in the country and currency of deposit. Any credit made to any Principal or Agency Account before actual receipt of cleared funds shall be provisional and may be reversed by the Custodian in the event such payment is not actually collected. Unless otherwise specifically agreed in writing by the Custodian or any Subcustodian, all deposits shall be payable only at the branch of the Custodian or Subcustodian where the deposit is made or carried.

  • Management Accounts The Management Accounts have been prepared in accordance with the same accounting principles and practices adopted for the Accounts and show a fair view of the assets and liabilities of the Company as the Management Accounts Date.

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