Common use of Minimum Unencumbered Cash and Cash Equivalents Clause in Contracts

Minimum Unencumbered Cash and Cash Equivalents. The sum (without duplication of any item) of the unrestricted cash, unencumbered short term cash investments and unencumbered marketable securities classified as short term investments according to GAAP of NAI and its Subsidiaries (determined on a consolidated basis) (but excluding collateral delivered and pledged under the Pledge Agreements [or under any other pledge agreements with BNPLC securing Debt payable by NAI or any Subsidiary to BNPLC] in accordance with the requirements thereof [if any]) to be less than total Debt of NAI and its Subsidiaries (determined on a consolidated basis).

Appears in 5 contracts

Samples: Modification Agreement (Network Appliance Inc), Modification Agreement (Network Appliance Inc), Modification Agreement (Network Appliance Inc)

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