Minimum Utilization. The State, under this Contract, shall not be held liable for any minimum utilization of the Contractor’s Consultants.
Minimum Utilization. The State or any Authorized User, under this Contract, shall not be held liable for any minimum utilization of the Contractor’s services.
Minimum Utilization. Beginning on the 31st day after the date hereof, Borrower shall at all times utilize at least 20% of the Maximum Line Amount. The Financing Fees otherwise set forth herein shall be adjusted to reflect such minimum utilization.
Minimum Utilization. Borrower shall at all times utilize at least 20% of the Maximum Line Amount. The Financing Fees otherwise set forth herein shall be adjusted to reflect such minimum utilization.
Minimum Utilization. At all times, the Total Outstandings shall equal or exceed $20,000,000 (subject to the mandatory prepayment provisions set forth in Section 3.2(b)(i) if the Borrowing Base Amount is less than $20,000,000).
Minimum Utilization. Borrower shall at all times cause the aggregate gross value of Accounts purchased hereunder to be equal or greater than the amount set forth in the General Rates and Fees; any violation of the foregoing covenant shall cause the Financing Fees owed hereunder by Borrower to be equal to the fees that would have accrued had Borrower not violated this clause.
Minimum Utilization. The Borrower shall cause the average daily outstanding principal balance of the Advances hereunder for each Utilization Period to equal or exceed $25,000,000 (the “Minimum Utilization Requirement”). If the Minimum Utilization Requirement is not satisfied for any Utilization Period (whether by reason of the failure of the conditions to Advances hereunder to be satisfied or for any other reason whatsoever), then the Borrower shall pay to the Agent the Make-Whole Fee in accordance with the terms of the Fee Letter.
Minimum Utilization. Borrower and Guarantors shall maintain minimum utilization rates for each fiscal quarter, calculated at the end of each such quarter as the average amount during such quarter, and calculated as:
(a) the number of units of the Eligible Container Fleet Inventory of Borrower and the Guarantors which is then subject to valid, current rental or lease agreements between Borrower or a Guarantor and the renters or lessees thereof, divided by the aggregate number of units of the Eligible Container Fleet Inventory of Borrower and the Guarantors, of not less than seventy five percent (75%) in the first fiscal quarter of each year and seventy-seven and one-half percent (77.5%) in each other fiscal quarter; and
Minimum Utilization. Subject to the provisions of Section 10.24:
(a) US Company and the other Credit Parties shall maintain minimum utilization rates for each fiscal quarter, calculated at the end of each such quarter as the average amount during such quarter, and calculated as the number of units of Eligible Container Fleet Inventory of US Company and the other Credit Parties which is then subject to valid, current rental or lease agreements between US Company or a Credit Party and the renters or lessees thereof, divided by the aggregate number of units of Eligible Container Fleet Inventory of US Company and the other Credit Parties, of not less than seventy-six percent (76%) for any fiscal quarter; and
(i) the number of units of the Eligible Container Fleet Inventory of US Company and the other Credit Parties which is then subject to valid, current rental or lease agreements between US Company or a Credit Party and the renters or lessees thereof, divided by (ii) sum of (A) the aggregate number of units of the Eligible Container Fleet Inventory of US Company and the Credit Parties, and (B) the number of units of the Eligible Container Inventory Held For Sale of US Company and the other Credit Parties, of not less than seventy-one percent (71%) in any fiscal quarter; provided, that for the purposes of calculation of compliance with this Section 10.27, the aggregate of the number of units of Eligible Container Inventory Held For Sale, as a percentage of the sum of clauses (A) and (B) above, shall not exceed five percent (5%).
Minimum Utilization. On each anniversary of the Pre-Funding Date, the Borrower shall deliver to the Agent a certificate showing an average daily balance on deposit in the Cash Escrow Account during the previous twelve (12) months (the “Average Unutilized Balance”). If such average daily balance is greater than $12,500,000 (the “Threshold Amount”), then the Borrower shall, on such anniversary, pay to the Noteholders, in accordance with their Pro Rata Shares, a utilization payment equal to (a) the amount of interest that would have accrued hereunder if the Average Unutilized Balance was equal to the Threshold Amount minus (b) the amount of interest that was actually paid by the Borrower during the previous twelve (12) month period. If Payment in Full has occurred with respect to this Note prior to the Maturity Date, then on such final repayment date, the Borrower shall, as of such date, calculate the Average Unutilized Balance since the previous calculation date and shall make any required utilization payment.
