Minimum Cash Liquidity. Guarantor’s Cash Liquidity shall not fall below the greater of (i) ten million dollars ($10,000,000) or (ii) five percent (5%) of Guarantor’s Recourse Indebtedness.
Minimum Cash Liquidity. Guarantor shall at all times maintain Cash Liquidity of no less than $10,000,000.
Minimum Cash Liquidity. Qualified Cash, plus Availability in an average daily amount during such calendar month shall not be less than (a) for the calendar months during 2008, $15,000,000.00, (b) for the months during 2009, $40,000,000.00, and (c) for each calendar month ending on or after January 31, 2010, $15,000,000.00.
Minimum Cash Liquidity. Permit the Guarantor’s Cash Liquidity as of the last day of any fiscal quarter of the Guarantor to be less than the greater of (i) $10,000,000 and (ii) 5% of the Guarantor’s Recourse Indebtedness.
Minimum Cash Liquidity. For each calendar month ending on or after the Amendment No. 1 Effective Date, permit Qualified Cash of the Loan Parties (other than the Limited Guarantors), to be less than $40,000,000, of which a minimum average balance of $15,000,000 in any such calendar month shall be deposited with Bank of America, N.A.
Minimum Cash Liquidity. Liquidity shall not be less than the lower of (i) Fifty Million Dollars ($50,000,000) and (ii) the greater of (A) Ten Million Dollars ($10,000,000) and (B) five percent (5%) of Guarantor’s Recourse Indebtedness.
Minimum Cash Liquidity. Permit the aggregate daily closing balance of Qualified Cash of the Loan Parties to be less than $15,000,000 on average in any calendar week. Such balance shall be reported weekly in the Cash Flow Forecast, of which a minimum average balance of $5,125,000 in any such week must be deposited with Bank of America, N.A. In the event Qualified Cash falls below $15,000,000 on average in any week, Holdings and the Borrowers may cure the resulting Default by withdrawing an amount sufficient to eliminate such deficiency from the Special Account no later than two Business Days after the required delivery of the applicable Cash Flow Forecast; provided, however, that the applicable cure period shall be extended by two Business Days if an Additional Capital Infusion is required and in process to cure such minimum liquidity shortfall. From and after January 6, 2011, following the payment by Holdings or any of its Subsidiaries of any installment of closing, amendment or similar fees and expenses, including, without limitation, financing fees, commitment fees and professional and legal fees, to the Lenders or the lenders under any other Indebtedness permitted under Section 7.02(d) in connection with the restructuring pursuant to which this Agreement has been executed, the minimum amount of Qualified Cash required to be maintained hereunder shall be reduced by the amount of each such installment for the week in which such installment is paid and the three weeks immediately following such payment. For the avoidance of doubt, on the fourth week immediately following such payment, the $15,000,000 minimum Qualified Cash requirement hereunder shall be reinstated.
Minimum Cash Liquidity. Guarantor’s Cash Liquidity must not, as of the last day of any Fiscal Quarter, be less than the sum of (A) 5% of Guarantor’s Recourse Indebtedness (excluding, following the Liquidity Covenant Trigger Date, Non-MTM Recourse Indebtedness) as of such date, plus (B) following the Liquidity Covenant Trigger Date, 2.5% of Guarantor’s Non-MTM Recourse Indebtedness as of such date.
Minimum Cash Liquidity. Permit the aggregate daily closing balance of Qualified Cash of Holdings (as defined in the Existing Version of the BofA Credit Agreement) and their Subsidiaries to be less than $15,000,000 on average in any calendar week. Such balance shall be reported weekly in the Cash Flow Forecast, of which a minimum average balance of $5,125,000 in any such week must be deposited with Bank of America, N.A. In the event Qualified Cash falls below $15,000,000 on average in any week, Holdings and the Borrowers may cure the resulting default by withdrawing an amount sufficient to eliminate such deficiency from the Special Account no later than two Business Days after the required delivery of the applicable Cash Flow Forecast; provided, however, that the applicable cure period shall be extended by two Business Days if an Additional Capital Infusion (as defined in the Existing Version of the BofA Credit Agreement) is required and in process to cure such minimum liquidity shortfall. From and after January 6, 2011, following the payment by Holdings (as defined in the Existing Version of the BofA Credit Agreement) or any of its Subsidiaries of any installment of closing, amendment or similar fees and expenses, including, without limitation, financing fees, commitment fees and professional and legal fees, to the Lenders (as defined in the Existing Version of the BofA Credit Agreement) or the lenders under any other Indebtedness permitted under the Existing Version of the BofA Credit Agreement in connection with the restructuring pursuant to which the Fourth Amendment to Loan Agreement dated as of January , 2011 has been executed, the minimum amount of Qualified Cash required to be maintained hereunder shall be reduced by the amount of each such installment for the week in which such installment is paid and the three weeks immediately following such payment. If, on any measurement date after January 31, 2011, liquidity is $17,500,000 or less, Holdings (as defined in the Existing Version of the BofA Credit Agreement) will promptly conduct an update call to Lender to discuss liquidity issues.
Minimum Cash Liquidity. Cash Liquidity in excess of, (i) from the Effective Date to, but excluding, the first anniversary of the Effective Date, three percent (3%) of Total Recourse Indebtedness, and (ii) as of the first anniversary of the Effective Date and thereafter, five percent (5%) of Total Recourse Indebtedness; provided, that for purposes of the calculation of Total Recourse Indebtedness, the RMR Indebtedness shall be excluded.
