Common use of Maximum Drawing Amount Clause in Contracts

Maximum Drawing Amount. The maximum aggregate amount that the beneficiaries may at any time draw under outstanding Letters of Credit, as such aggregate amount may be reduced from time to time pursuant to the terms of the Letters of Credit. Xxxxx'x. Xxxxx'x Investors Services, Inc. Mortgaged Property. Any Real Estate which is subject to any Mortgage. Mortgages. Collectively, (a) the several mortgages and deeds of trust, dated or to be dated on or prior to the Closing Date, and set forth on Schedule 1B hereto, and (b) each mortgage or deed of trust required to be entered into after the Closing Date by the Borrower or any Subsidiary pursuant to Section 9.13 hereof, with respect to the fee and leasehold interests of the Borrower and its Subsidiaries in the Real Estate and in form and substance reasonably satisfactory to the Lenders and the Administrative Agent. Multiemployer Plan. Any multiemployer plan within the meaning of Section 3(37) of ERISA maintained or contributed to by the Borrower or any ERISA Affiliate. Net Cash Debt Issuance Proceeds. With respect to any Debt Issuances, the excess of the gross cash proceeds received by the Borrower or any of its Subsidiaries for such Debt Issuance after deduction of all transaction expenses (including, without limitation, underwriting discounts and commissions) actually incurred in connection with such Debt Issuance. Net Cash Equity Issuance Proceeds. With respect to any Equity Issuance, the excess of the gross cash proceeds received by the Borrower or any of its Subsidiaries for such Equity Issuance after deduction of all reasonable and customary transaction expenses (including, without limitation, underwriting discounts and commissions) actually incurred in connection with such Equity Issuance. Net Cash Sale Proceeds. The net cash proceeds received by a Person in respect of any Asset Sale, less the sum of (a) all reasonable out-of-pocket fees, commissions, taxes and other reasonably and customary direct expenses actually incurred in connection with such Asset Sale, including the amount of any transfer or documentary taxes required to be paid by such Person in connection with such Asset Sale and any income, sales or other taxes paid or payable as a result of such Asset Sale, and (b) the aggregate amount of cash so received by such Person which is required to be used to retire (in whole or in part) any Indebtedness (other than under the Loan Documents) of such Person permitted by this Credit Agreement that was secured by a lien or security interest permitted by this Credit Agreement having priority over the liens and security interests (if any) of the Administrative Agent (for the benefit of the Administrative Agent and the Lenders) with respect to such assets transferred and which is required to be repaid in whole or in part (which repayment, in the case of any other revolving credit arrangement or multiple advance arrangement, reduces the commitment thereunder) in connection with such Asset Sale. Non-Affected Lender(s). As at any date of determination, those Lenders which are not Affected Lenders.

Maximum Drawing Amount. The maximum aggregate amount that the ---------------------- beneficiaries may at any time draw under outstanding Letters of Credit or Foreign Letters of Credit, as the case may be, as such aggregate amount may be reduced from time to time pursuant to the terms of the Letters of Credit or Foreign Letter of Credit, as the case may be. Xxxxx'x. Xxxxx'x Investors Services, Inc. Mortgaged Property. Any Real Estate which is subject to any Mortgage. Mortgages. Collectively, (a) the several mortgages and deeds of trust, dated or to be dated on or prior to the Closing Date, and set forth on Schedule 1B hereto, and (b) each mortgage or deed of trust required to be entered into after the Closing Date by the Borrower or any Subsidiary pursuant to Section 9.13 hereof, with respect to the fee and leasehold interests of the Borrower and its Subsidiaries in the Real Estate and in form and substance reasonably satisfactory to the Lenders and the Administrative Agent. Multiemployer Plan. Any multiemployer plan within the meaning of Section 3(37) of ERISA maintained or contributed to by the Borrower or any ERISA Affiliate. Net Cash Debt Issuance ProceedsMaximum Unused Revolving Commitment. With respect to any Debt IssuancesLender at any ------- ------ --------- ---------- time, (a) such Lender's Revolving Commitment at such time minus (b) the excess sum of ----- (i) the aggregate principal amount of all Revolving Credit Loans and Swing Line Loans made (in each case) by such Lender and which are outstanding at such time and Unpaid Reimbursement Obligations owing to such Lender, plus (ii) without duplication, such Lender's Revolving Credit Commitment Percentage of the gross cash proceeds received by the Borrower or any of its Subsidiaries for such Debt Issuance after deduction Maximum Drawing Amount of all transaction expenses (including, without limitation, underwriting discounts Letters of Credit issued and commissions) actually incurred in connection with outstanding at such Debt Issuancetime. Net Cash Equity Issuance ProceedsMaximum Unused Revolving Multicurrency Commitment. With respect to any Equity Issuance------------------------------------------------- Lender at any time, the excess of the gross cash proceeds received by the Borrower or any of its Subsidiaries for (a) such Equity Issuance after deduction of all reasonable and customary transaction expenses Lender's Revolving Multicurrency Commitment at such time minus (including, without limitation, underwriting discounts and commissionsb) actually incurred in connection with such Equity Issuance. Net Cash Sale Proceeds. The net cash proceeds received by a Person in respect of any Asset Sale, less the sum of (i) such Lender's Revolving Multicurrency Commitment ----- Percentage of all Revolving Multicurrency Loans which are outstanding at such time, (ii) the aggregate principal amount of all Multicurrency Swing Line Loans made by such Lender and which are outstanding at such time and Foreign Unpaid Reimbursement Obligations owing to such Lender, plus (iii) without duplication, such Lender's Revolving Multicurrency Commitment Percentage of the Maximum Drawing Amount of all Foreign Letters of Credit issued and outstanding at such time. XxXxxxx. XxXxxxx Corporation, a Delaware corporation. ------- XxXxxxxx. XxXxxxxx II, LLC, a Delaware limited liability company. -------- Moody's. Xxxxx'x Investors Service, Inc. ------- Multicurrency Commitment Fee. See (S)4.3 hereof. ---------------------------- Multicurrency Lender. Any Lender which, at the time of making any -------------------- applicable Multicurrency Loan or Multicurrency Swing Line Loan, or, for purposes of (S)6.11.3 hereof, at the relevant date of determination, (a) all reasonable out-of-pocket feeshas a Multicurrency Lending Office, commissions(b) would not, taxes and other reasonably and customary direct expenses actually incurred in connection with such Asset Saleby virtue of making any Multicurrency Loan or Multicurrency Swing Line Loan to Samsonite Europe, including the amount of subject Samsonite Europe to any transfer or documentary taxes required to be paid by such Person in connection with such Asset Sale and any income, sales or other taxes paid or payable withholding tax as a result of the making of such Asset SaleMulticurrency Loan or Multicurrency Swing Line Loan (including the payment of principal and interest on such Multicurrency Loan or Multicurrency Swing Line Loan to such Lender by Samsonite Europe), (c) has the requisite (i) organizational power and authority, (ii) power and authority under all Belgian and other laws and regulations and (iii) governmental consents, licenses and permits from all applicable jurisdictions, governmental agencies, authorities and central banks, if any, to make the Multicurrency Loan or Multicurrency Swing Line Loan, (d) can lawfully make such Multicurrency Loan or Multicurrency Swing Line Loan and receive and enforce payments of principal and interest thereon, (e) is not subject to any withholding tax as a result of making such Multicurrency Loan or Multicurrency Swing Line Loan, or receiving any principal or interest payments in respect thereof, and (bf) is properly qualified to do business as a bank, to lend and make commercial loans, and to take deposits in Belgium. Notwithstanding the foregoing, BofA will not be a Multicurrency Lender until the earlier of (i) July 31, 1998, or (ii) the aggregate amount of cash so received date specified by such Person which is required BofA in a notice to be used to retire (in whole or in part) any Indebtedness (other than under the Loan Documents) of such Person permitted by this Credit Agreement that was secured by a lien or security interest permitted by this Credit Agreement having priority over the liens and security interests (if any) Fronting Bank. As of the Administrative Agent (for Closing Date, the benefit of the Administrative Agent and the Lenders) with respect to such assets transferred and which only Multicurrency Lender is required to be repaid in whole or in part (which repayment, in the case of any other revolving credit arrangement or multiple advance arrangement, reduces the commitment thereunder) in connection with such Asset Sale. Non-Affected Lender(s). As at any date of determination, those Lenders which are not Affected Lenders.Generale Bank N.V.

Maximum Drawing Amount. The maximum aggregate amount that the beneficiaries may at any time draw under outstanding Letters of Credit and the Existing Letters of Credit, as such aggregate amount may be reduced from time to time pursuant to the terms of the Letters of Credit and the Existing Letters of Credit. Minimum One Month LIBOR Amount. As of any date, an amount equal to seventy-five percent (75%) of the principal amount of the Term Loan outstanding on such date. Xxxxx'x. Xxxxx'x Investors Services, Inc. Mortgaged Property. Any Real Estate which is subject to any Mortgage. Mortgages. Collectively, (a) the several mortgages and deeds of trust, dated or to be dated on or prior to the Closing Date, and set forth on Schedule 1B hereto, and (b) each mortgage or deed of trust required to be entered into after the Closing Date by the Borrower or any Subsidiary pursuant to Section 9.13 hereof, with respect to the fee and leasehold interests of the Borrower and its Subsidiaries in the Real Estate and in form and substance reasonably satisfactory to the Lenders and the Administrative Agent. Multiemployer Plan. Any multiemployer plan within the meaning of Section 3(37) of ERISA maintained or contributed to by the either Borrower or any ERISA Affiliate. Net Cash Debt Issuance Proceeds. With respect to any Debt Issuances, the excess of the gross cash proceeds received by the Borrower or any of its Subsidiaries for such Debt Issuance after deduction of all transaction expenses (including, without limitation, underwriting discounts and commissions) actually incurred in connection with such Debt Issuance. Net Cash Equity Issuance Proceeds. With respect to any Equity IssuanceIssuance by any Person, the excess of the gross cash proceeds received by the Borrower or any of its Subsidiaries such Person for such Equity Issuance after deduction of all reasonable and customary transaction expenses (including, without limitation, underwriting discounts and commissions) actually incurred in connection with such Equity Issuance. Net Cash Indebtedness Issuance Proceeds. With respect to any Indebtedness Issuance, the excess of the gross cash proceeds received by such Person for such Indebtedness Issuance after deduction of all reasonable and customary transaction expenses actually incurred in connection with such Indebtedness Issuance. Net Cash Sale Proceeds. The net cash proceeds received by a Person in respect of any Asset Sale, less the sum of (a) all reasonable out-of-pocket fees, commissions, taxes commissions and other reasonably reasonable and customary direct expenses (including, without limitation, counsel fees) actually incurred in connection with such Asset Sale, including the amount of any transfer or documentary taxes required to be paid by such Person in connection with such Asset Sale and any income, sales or other taxes paid or payable as a result of such Asset Sale, and (b) the aggregate amount of cash so received by such Person which is required to be used to retire (in whole or in part) any Indebtedness (other than under the Loan Documents) of such Person permitted by this Credit Agreement that was secured by a lien or security interest permitted by this Credit Agreement having priority over the liens and security interests (if any) of the Administrative Agent (for the benefit of the Administrative Agent and the Lenders) with respect to such assets transferred and which is required to be repaid in whole or in part (which repayment, in the case of any other revolving credit arrangement or multiple advance arrangement, reduces the commitment thereunder) in connection with such Asset Sale. Non-Affected Lender(s). As at any date of determination, those Lenders which are not Affected Lenders.

Maximum Drawing Amount. The maximum aggregate amount that the beneficiaries may at any time draw under outstanding Letters of Credit, as such aggregate amount may be reduced from time to time pursuant to the terms of the such Letters of Credit. Xxxxx'x. XXXXX'X. Xxxxx'x Investors Services, Inc. Mortgaged Property. Any Real Estate which is subject to any Mortgage. Mortgages. Collectively, (a) the several mortgages and deeds of trust, dated or to be dated on or prior to the Closing Date, and set forth on Schedule 1B hereto, and (b) each mortgage or deed of trust required to be entered into after the Closing Date by the Borrower or any Subsidiary pursuant to Section 9.13 hereof, with respect to the fee and leasehold interests of the Borrower and its Subsidiaries in the Real Estate and in form and substance reasonably satisfactory to the Lenders and the Administrative Agent. Multiemployer PlanMULTIEMPLOYER PLAN. Any multiemployer plan within the meaning of Section 3(37ofss.3(37) of ERISA maintained or contributed to by the any Borrower or any ERISA Affiliate. Net Cash Debt Issuance ProceedsNET CASH PROCEEDS. With respect to (a) any sale of any assets of the Borrowers or the Excluded Subsidiaries, the gross consideration received by any of the Borrowers or any of the Excluded Subsidiaries (in cash) from such sale, net of commissions, direct sales costs, normal closing adjustments, the amount used to repay any Indebtedness secured by such assets, income taxes attributable to such sale and professional fees and expenses incurred directly in connection therewith, to the extent the foregoing are actually paid in connection with such sale and (b) any permitted debt offering of the Borrowers or the Excluded Subsidiaries, the gross consideration received by any of the Borrowers or any of the Excluded Subsidiaries (in cash) from such debt offering, net of reasonable and customary transaction expenses and fees actually incurred in connection with such debt offering. NET EQUITY PROCEEDS. With respect to any Debt IssuancesEquity Offering, the excess of the gross cash proceeds received by the Borrower or any of its Subsidiaries for such Debt Issuance Person from such Equity Offering after deduction of all reasonable and customary transaction expenses (including, including without limitation, underwriting discounts and commissions) actually incurred in connection with such Debt Issuance. Net Cash Equity Issuance Proceeds. With respect to any Equity Issuance, the excess of the gross cash proceeds received by the Borrower or any of its Subsidiaries for such Equity Issuance after deduction of all commissions and reasonable and customary transaction expenses (including, without limitation, underwriting discounts and commissionslegal fees) actually incurred in connection with such Equity IssuanceOffering. Net Cash Sale ProceedsNET WORKING CAPITAL CHANGES. The net cash proceeds received by With respect to the Parent and its Subsidiaries, for any fiscal period and without duplication, the difference (expressed as a Person in respect positive or a negative number) of any Asset Sale, less (a) the sum of (ai) all reasonable out-of-pocket feesbilled accounts receivable, commissions, taxes PLUS (ii) inventory and other reasonably current assets considered part of working capital in accordance with GAAP, MINUS (iii) current accounts payable, MINUS (iv) current accruals and customary direct expenses actually incurred accretions (exclusive of interest accruals and accretions), in connection with such Asset Saleeach case, including as of the amount of any transfer or documentary taxes required to be paid by such Person in connection with such Asset Sale and any income, sales or other taxes paid or payable as a result last day of such Asset Salefiscal period, and MINUS (b) the aggregate amount sum of cash so received by such Person which is required to be used to retire (i) billed accounts receivable, PLUS, (ii) inventory and other current assets considered part of working capital in whole or accordance with GAAP, MINUS (iii) current accounts payable, MINUS (iv) current accruals and accretions (exclusive of interest accruals and accretions), in part) any Indebtedness (other than under the Loan Documents) of such Person permitted by this Credit Agreement that was secured by a lien or security interest permitted by this Credit Agreement having priority over the liens and security interests (if any) each case, as of the Administrative Agent (for the benefit last day of immediately preceding fiscal period. NEW HEIGHTS. New Heights Investor Co., LLC, a Delaware limited liability company in which Casella NH Power Co., LLC owns 100% of the Administrative Agent Class B common stock and Casella NH Investors Co., LLC owns 19.9% of the Lenders) with respect to such assets transferred Class A common stock, and which is required to be repaid each of its direct and indirect Subsidiaries. NEW HEIGHTS INVESTMENT. The Investments made by the Borrowers in whole or in part (which repayment, in the case of any other revolving credit arrangement or multiple advance arrangement, reduces the commitment thereunder) in connection with such Asset Sale. Non-Affected Lender(s). As at any date of determination, those Lenders which are not Affected LendersNew Heights.

Maximum Drawing Amount. The maximum aggregate amount that the beneficiaries may at any time draw under outstanding Letters of Credit, as such aggregate amount may be reduced from time to time pursuant to the terms of the Letters of Credit. Xxxxx'x. Xxxxx'x MOODY'S. Moody's Investors Services, Inc. Mortgaged PropertyMORTGAGED PROPERTY. Any Real Estate which is subject to any Mortgage. MortgagesMORTGAGES. Collectively, (a) the The several mortgages and deeds of trust, dated or to trust listed on SCHEDULE 1.1 hereto and each of the mortgages and deeds of trusts which may be dated on or prior to the Closing Date, and set forth on Schedule 1B hereto, and (b) each mortgage or deed of trust required to be entered into delivered after the Closing Date by the in accordance with ss.9.13, from any Borrower or any its Subsidiary pursuant to Section 9.13 hereof, the Administrative Agent with respect to the fee and leasehold interests of the Borrower Borrowers and its their Subsidiaries in certain parcels of the Real Estate consisting of fee properties and ground leases and in form and substance reasonably satisfactory to the Lenders and the Administrative Agent. Multiemployer PlanMULTIEMPLOYER PLAN. Any multiemployer plan within the meaning of Section 3(37ss.3(37) of ERISA maintained or contributed to by the any Borrower or any ERISA Affiliate. Net Cash Debt Issuance Proceeds. With respect to any Debt Issuances, the excess of the gross cash proceeds received by the Borrower or any of its Subsidiaries for such Debt Issuance after deduction of all transaction expenses (including, without limitation, underwriting discounts and commissions) actually incurred in connection with such Debt Issuance. Net Cash Equity Issuance ProceedsNET CASH EQUITY ISSUANCE PROCEEDS. With respect to any Equity Issuance, the excess of the gross cash proceeds received by the Borrower or any of its Subsidiaries such Person for such Equity Issuance after deduction of all reasonable and customary transaction expenses (including, without limitation, underwriting discounts and commissions) actually incurred in connection with such Equity Issuancea sale or other issuance. Net Cash Sale ProceedsNET CASH SALE PROCEEDS. The net cash proceeds received by a Person in respect of any Asset Sale, less the sum of (a) all reasonable out-of-pocket fees, commissions, taxes commissions and other reasonably reasonable and customary direct expenses actually incurred in connection with such Asset Sale, including the amount of any transfer or documentary taxes required to be paid by such Person in connection with such Asset Sale and any income, sales or other taxes paid or payable as a result of such Asset Sale, and (b) the aggregate amount of cash so received by such Person which is required to be used to retire (in whole or in part) any Indebtedness (other than under the Loan Documents) of such Person permitted by this Credit Agreement that was secured by a lien or security interest permitted by this Credit Agreement having priority over the liens and security interests (if any) of the Administrative Agent (for the benefit of the Administrative Agent and the Lenders) with respect to such assets transferred and which is required to be repaid in whole or in part (which repayment, in the case of any other revolving credit arrangement or multiple advance arrangement, reduces the commitment thereunder) in connection with such Asset Sale. Non-Affected Lender(s). As at any date of determination, those Lenders which are not Affected Lenders.

Maximum Drawing Amount. The maximum aggregate amount that the beneficiaries may at any time draw under outstanding Letters of Credit, as such aggregate amount may be reduced from time to time pursuant to the terms of the Letters of Credit. Xxxxx'x. Xxxxx'x Investors Services, Inc. Mortgaged Property. Any Real Estate which is subject to any Mortgage. Mortgages. Collectively, (a) the several mortgages and deeds of trust, dated or to be dated on or prior to the Closing Date, and set forth on Schedule 1B hereto, and (b) each mortgage or deed of trust required to be entered into after the Closing Date by the Borrower or any Subsidiary pursuant to Section 9.13 hereof, with respect to the fee and leasehold interests of the Borrower and its Subsidiaries in the Real Estate and in form and substance reasonably satisfactory to the Lenders and the Administrative Agent. Multiemployer Plan. Any multiemployer plan within the meaning of Section §3(37) of ERISA maintained or contributed to by the Borrower or any ERISA Affiliate. Net Cash Debt Issuance Proceeds. With respect to any Debt Issuances, the excess of the gross cash proceeds received by the Borrower or any of its Subsidiaries for such Debt Issuance after deduction of all transaction expenses (including, without limitation, underwriting discounts and commissions) actually incurred in connection with such Debt Issuance. Net Cash Equity Issuance Proceeds. With respect to any Equity Issuance, the excess of the gross cash proceeds received by the Borrower or any of its Subsidiaries for such Person from such Equity Issuance after deduction of all reasonable and customary transaction expenses (including, including without limitation, underwriting discounts and commissions) actually incurred in connection with such the Equity Issuance. Net Cash Sale Proceeds. The net cash proceeds received by a Person the Borrower and any of its Subsidiaries in respect of any Asset Sale, less the sum of (a) all reasonable out-of-pocket fees, commissions, taxes commissions and other reasonably and customary direct expenses actually incurred in connection with such Asset Sale, including the amount (estimated in good faith by such Person) of any transfer or documentary income, franchise, sales and other applicable taxes required to be paid by such Person in connection with such Asset Sale and any income, sales or other taxes paid or payable as a result of such Asset Sale, and (b) the aggregate amount of cash so received by such Person which is required to be used to retire (in whole or in part) any Indebtedness (other than under the Loan Documents) of such Person permitted by this Credit Agreement that was secured by a lien or security interest (if any) permitted by this Credit Agreement having priority over the liens and security interests (if any) of the Administrative Agent (Agent, for the benefit of the Administrative Agent and the Lenders) Banks, with respect to such assets transferred transferred, and which is required to be repaid in whole or in part (which repayment, in the case of any other revolving credit arrangement arrangements or multiple advance arrangementarrangements, reduces the commitment thereunder) in connection with such Asset Sale. Non-Affected Lender(s)Net Working Capital Changes. As at For any date fiscal period, the net change from the immediately preceding like fiscal period in (a) both billed and unbilled Accounts Receivable, (b) current accounts payable of determinationthe Borrower and its Subsidiaries, those Lenders which are not Affected Lenders(c) current accruals and accretions (exclusive of interest accruals and accretions) of the Borrower and its Subsidiaries and (d) inventory of the Borrower and its Subsidiaries.