Minimum Liquidity Requirement. Permit, at any time during the periods set forth below, the sum of (x) the unused amount of the Revolving Commitments plus (y) the lesser of (1) $5,000,000 and (2) the amount of Cash and Cash Equivalents of the Borrower (excluding Cage Cash and amounts held in accounts subject to the Disbursement Agreement or the Second Amendment Escrow Agreement or in a blocked account at the Administrative Agent pending transfer to the Second Amendment Escrow Agreement) (the sum of (x) and (y), together, the “Minimum Liquidity Requirement”) to be less than the sum of (a) the Second Amendment Amenities CapEx Budget Reserve as of the date of determination and (b) the amounts set below for such periods: TIME PERIOD MINIMUM LIQUIDITY REQUIREMENT 12/20/12 through 1/29/13 $ 75,000,000 1/30/13 through 2/8/13 $ 66,000,000 2/9/13 through 2/12/13 $ 59,000,000 2/13/13 through 2/19/13 $ 55,000,000 2/20/13 through 4/15/13 $ 50,000,000 4/16/13 through 5/15/13 $ 45,000,000 5/16/13 through 7/1/13 $ 20,000,000 ; provided that the Minimum Liquidity Requirement shall be decreased for the period from, and including, the Business Day immediately preceding a holiday or a weekend to, and including, the Business Day immediately succeeding such holiday or weekend, by the amount, not to exceed $3,000,000 in the aggregate, of any Borrowing of Revolving Loans the proceeds of which are used by the Borrower to fund Cage Cash during such period, solely to the extent that each such Borrowing is repaid on the last day of such period. The amount of the Minimum Liquidity Requirement is subject to adjustment upwards from time to time in respect of certain amounts received by the Borrower relating to cost efficiencies or other savings in accordance with the provisions of Schedule 3.12 to the Second Amendment (as modified pursuant to Schedule 3.12 to the Fifth Amendment).”
Minimum Liquidity Requirement. Permit, at any time, the Loan Parties and their Subsidiaries to have, on a consolidated basis, Liquidity of less than Five Million Dollars ($5,000,000.00) (the “Minimum Liquidity Requirement”).
Minimum Liquidity Requirement. Permit the Borrower to maintain Unencumbered Liquidity in an amount less than the Total Outstandings at any time.
Minimum Liquidity Requirement. The Liquidity of the Guarantors (calculated on an aggregate basis) shall at no time be less than $15,000,000.
Minimum Liquidity Requirement. Permit, at any time, Qualified Cash to be less than Ten Million Dollars ($10,000,000.00) plus the Qualified Cash A/P Amount.
(vi) Exhibit D to the Loan and Security Agreement is hereby amended and restated in its entirety in the form attached hereto as Exhibit A.
Minimum Liquidity Requirement. The Borrower will not permit Minimum Liquidity as of any date during the Liquidity Period to be less than $100,000,000.
Minimum Liquidity Requirement. Permit, at any time, Qualified Cash to be less than Ten Million Dollars ($10,000,000.00) plus the Qualified Cash A/P Amount.
Minimum Liquidity Requirement. The Company shall ensure that it maintains, at all times, financial resources equal to or in excess of those required under EMIR for Qualifying Central Counterparties.
Minimum Liquidity Requirement. Permit, at any time prior to the Minimum Liquidity Release Date, Qualified Cash to be less than an amount equal to (i) the Qualified Cash Amount plus (ii) the Qualified Cash A/P Amount; provided that if on or before September 30, 2021, Borrower provides evidence satisfactory to Agent that Borrower has achieved EBITDA of at least $5,000,000 for the trailing six-month period ending September 30, 2021, then Borrower shall not be required to maintain minimum Qualified Cash following the date such evidence is provided (the “Minimum Liquidity Release Date”).
Minimum Liquidity Requirement. At no time on or before March 31, 2008 shall the consolidated Liquidity of Parent be less than $5,000,000, and at no time on or after April 1, 2008 shall the consolidated Liquidity of Parent be less than $10,000,000.
