Common use of Minimum GM Liquidity Availability Clause in Contracts

Minimum GM Liquidity Availability. At the time of each Borrowing hereunder, GM Liquidity Availability shall be no greater than $50,000,000, and the Administrative Agent shall have received a certificate signed by a Financial Officer of the Borrower, certifying in reasonable detail that (i) the amount of GM Liquidity Availability on the date of such Borrowing is no more than $50,000,000 and (ii) the most recent borrowing by the Borrower under the GM-Delphi Agreement had been in an amount equal to GM Liquidity Availability at the time of such borrowing; it being understood that the foregoing shall not apply to the issuance of any Letter of Credit hereunder. The request by the Borrower for, and the acceptance by the Borrower of, each extension of credit hereunder shall be deemed to be a representation and warranty by the Borrower that the conditions specified in this Section have been satisfied or waived at that time.

Appears in 4 contracts

Samples: Loan and Guaranty Agreement (Delphi Corp), Loan and Guaranty Agreement, Loan and Guaranty Agreement

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