Maximum Cash Sample Clauses

Maximum Cash. The Borrower will not permit the amount of cash of the Borrower and its Subsidiaries on hand on the last day of any calendar month to exceed $5 million; provided that it shall not be a default under this clause (vi) if within five Business Days after the end of such month the Borrower shall have made disbursements permitted by the Loan Documents in an aggregate amount sufficient to reduce the amount of cash on hand to an amount permitted by this clause (vi).
Sample 1
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Maximum Cash. (i) At least five Business Days before the Effective Time, the Company shall prepare and deliver to Parent a statement setting forth its good faith estimate of Closing Consolidated Cash (the “Estimated Closing Consolidated Cash”), which statement shall contain an estimated balance sheet of the Company as of the Effective Time (after giving effect to the Company’s payment of its transaction expenses in connection with the transactions contemplated herein), a calculation of Estimated Closing Consolidated Cash (the “Estimated Closing Consolidated Cash Statement”), and a certificate of the Chief Executive Officer of the Company that the Estimated Closing Consolidated Cash Statement was prepared in accordance with GAAP or IFRS, as applicable, applied using the same accounting methods, practices, principles, policies and procedures, with consistent classifications, judgments and valuation and estimation methodologies that were used in the preparation of the Audited Financial Statements for the most recent fiscal year end as if such Closing Consolidated Cash Statement was being prepared and audited as of a fiscal year end.
Sample 1
Maximum Cash. On any date where the aggregate amount of Cash and Cash Equivalents of Company and its Subsidiaries exceeds the Maximum Cash Balance, Company shall immediately prepay the Term Loans to the extent then outstanding in an aggregate amount equal to 100% of the amount that such Cash and Cash Equivalents exceeds the Maximum Cash Balance.
Sample 1
Maximum Cash. After giving effect to such extension of credit, the cash and Cash Equivalents of the Borrower and its Subsidiaries shall not exceed $20,000,000. Each borrowing by the Borrower hereunder shall constitute a representation and warranty by the Borrower as of the date of such extension of credit that the conditions contained in this Section 6.2 have been satisfied.
Sample 1
Maximum Cash. The Borrower agrees that it will not be entitled to borrow Revolving Advances after the date hereof if, immediately after giving effect thereto, the aggregate amount of unrestricted cash, cash equivalents and liquid investments of the Borrower and its Subsidiaries (including Unrestricted Subsidiaries) for which the Borrower or one of its Subsidiaries does not have a reasonably immediate use pertaining to a planned expenditure would exceed $25,000,000. In the event that at the close of business on any Business Day the aggregate amount of such unrestricted cash, cash equivalents and liquid investments exceeds $35,000,000, net of all outstanding checks written and reasonably immediate planned disbursements against such funds, and there are outstanding Revolving Advances in an amount greater than or equal to such excess, the Borrower shall repay Revolving Advances on the next Business Day in an amount equal to such excess (provided that to the extent such excess amount represents the proceeds of the sale of the Crunch division, such proceeds may be applied to payment of the Term Advances). If outstanding Revolving Advances are less than such excess, the Borrower shall repay the Revolving Advances in full and retain any excess. As used herein, an item of cash, cash equivalents or liquid investments is unrestricted unless such item is held in trust by or for, or pledged to, a third party (i.e., Persons other than the Borrower and its Subsidiaries, Unrestricted Subsidiaries and Affiliates and other than the Agent, the Lenders and their Affiliates) to support obligations of the Borrower and its Subsidiaries in a transaction permitted by the Credit Agreement. Failure to comply with this paragraph within 5 Business Days of a default hereunder shall constitute an Event of Default.
Sample 1
Maximum Cash. After giving effect to any such withdrawal, on a pro forma basis, the cash on the balance sheet of the Loan Parties (excluding, for the avoidance of doubt, the amount of any funds remaining in the Funding Account) shall not exceed $3,000,000.
Sample 1

Related to Maximum Cash

  • Minimum Cash A. Minimum daily balance of cash and Permitted Cash Equivalent Investments of Borrower and its Subsidiaries during the most recently ended fiscal quarter of Borrower: $

  • Maximum Credit Patheon's liability for Active Materials calculated in accordance with this Section 2.2 for any Product in a Year will not exceed, in the aggregate, the Maximum Credit Value set forth in Schedule D to a Product Agreement.

  • Maximum Loan Amount No loan to a Participant under the Plan may exceed the lesser of:

  • Minimum Cash Balance Licensee shall fund the Facility Checking Account --------------------- with an initial amount equal to $25,000.00 and thereafter Licensee shall provide the working capital required by Section I(H) of this Agreement

  • Maximum Leverage Permit, as of any fiscal quarter end, the ratio of (a) Adjusted Portfolio Equity as of such fiscal quarter end to (b) Funded Debt as of such fiscal quarter end, to be less than 5.00 to 1.00.

  • Maximum Advance Amount The amount of an Advance requested by the Company shall not exceed the Maximum Advance Amount. In addition, in no event shall the number of shares issuable to the Investor pursuant to an Advance cause the aggregate number of shares of Common Stock beneficially owned by the Investor and its affiliates to exceed nine and 9/10 percent (9.9%) of the then outstanding Common Stock of the Company. For the purposes of this section beneficial ownership shall be calculated in accordance with Section 13(d) of the Exchange Act.

  • Minimum Excess Availability Borrower shall have Excess Availability under the Revolving Credit Loans facility of not less than the amount specified in the Schedule, after giving effect to the initial advance hereunder and after giving effect to any applicable Loan Reserves against borrowing availability under the Revolving Credit Loans.

  • Maximum Charges In no event whatsoever shall interest and other charges charged hereunder exceed the highest rate permissible under law. In the event interest and other charges as computed hereunder would otherwise exceed the highest rate permitted under law, such excess amount shall be first applied to any unpaid principal balance owed by Borrowers, and if the then remaining excess amount is greater than the previously unpaid principal balance, Lenders shall promptly refund such excess amount to Borrowers and the provisions hereof shall be deemed amended to provide for such permissible rate.

  • Maximum Consolidated Leverage Ratio As of the last day of each Fiscal Quarter of the Borrower (commencing with the Fiscal Quarter ending March 31, 2018), the Borrower shall not permit the Consolidated Leverage Ratio to be greater than 0.60 to 1.00.

  • Maximum Consolidated Capital Expenditures Holdings shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year, in an aggregate amount for Holdings and its Subsidiaries in excess of $125,000,000; provided, such amount for any Fiscal Year shall be increased by an amount equal to the excess, if any (but in no event more than $62,500,000), of such amount for the immediately preceding Fiscal Year (with the above scheduled amount for any Fiscal Year being used prior to any amount carried over from the preceding Fiscal Year) over the actual amount of Consolidated Capital Expenditures for such previous Fiscal Year; provided, further, so long as no Default shall have occurred and being continuing or would result therefrom, Holdings and its Subsidiaries may also make Consolidated Capital Expenditures in an amount not to exceed the Cumulative Growth Amount immediately prior to the making of such Consolidated Capital Expenditures (but the amount of Consolidated Capital Expenditures made from the Cumulative Growth Amount in any Fiscal Year shall not exceed 50% of the above scheduled amount of Consolidated Capital Expenditures that would have otherwise been permitted to made in such Fiscal Year pursuant to this Section 6.7(c)); and provided, further that for each Permitted Acquisition consummated in any Fiscal Year and, if consummated, the SDI Acquisition in the Fiscal Year ending December 31, 2011, the maximum amounts set forth above for such Fiscal Year and for every Fiscal Year thereafter shall be increased by an amount equal to 110% of the quotient obtained by dividing (A) the amount of Consolidated Capital Expenditures made by the acquired Person or business for the thirty-six month period immediately preceding the consummation of such Permitted Acquisition or SDI Acquisition as determined by the financial statements for such acquired Person or business by (B) three (3).

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