Miscellaneous Matters or Documents. (1) Payment of fees and reimbursable costs and expenses due under this Agreement through the date of initial Advance or issuance of a Letter of Credit, including without limitation all legal expenses incurred through the date of the closing of this Agreement.
(2) Evidence that after making the initial Advance and satisfying all obligations owed to Company’s prior lender, paying all trade payables older than 60 days from invoice date, and paying all book overdrafts and closing costs, availability under the Line of Credit is not less than $6,000,000.
(3) Any documents or other agreements entered into by Company and Xxxxx Fargo that relate to any Rate Hedge Agreement, derivative, foreign exchange, deposit, treasury management or similar product or transaction extended to Company by Xxxxx Fargo not already provided pursuant to the requirements of (A)-(F) above.
(4) Receipt by Xxxxx Fargo of Parent’s monthly income statement, balance sheet and cash flow projections for a minimum of twelve months following the Agreement Date.
(5) Such other documents as Xxxxx Fargo in its sole discretion may require.
Miscellaneous Matters or Documents. (1) Payment of fees and reimbursable costs and expenses due under this Agreement through the date of initial Advance or issuance of a Letter of Credit, including all legal expenses incurred through the date of the closing of this Agreement.
(2) Evidence that after making the initial Advance and satisfying all obligations owed to Companies’ prior lender and all trade payables older than 60 days from the original due date, book overdrafts and closing costs, the availability under the Line of Credit is not less than $1,400,000.
(3) Any documents or other agreements entered into by any Company and Xxxxx Fargo that relate to any swap, derivative, foreign exchange, hedge, deposit, treasury management or similar product or transaction extended to any Company by Xxxxx Fargo not already provided pursuant to the requirements above.
(4) Such other documents as Xxxxx Fargo in its sole discretion may require.
Miscellaneous Matters or Documents. (1) Payment of fees and reimbursable costs and expenses due under this Agreement through the date of initial Advance or issuance of a Letter of Credit, including all legal expenses incurred through the date of the closing of this Agreement.
(2) Evidence that after making the initial Advance and satisfying all obligations owed to Company’s prior lender and all trade payables older than 60 days from invoice date, book overdrafts and closing costs, the availability under the Line of Credit is not less than $66,000,000.
(3) Any documents or other agreements entered into by Company and Xxxxx Fargo that relate to any swap, derivative, foreign exchange, hedge, deposit, treasury management or similar product or transaction extended to Company by Xxxxx Fargo not already provided pursuant to the requirements of (A)-(E) above.
(4) Such other documents as Xxxxx Fargo in its sole discretion may require.
Miscellaneous Matters or Documents. (1) Payment of fees due under this Agreement through the date of initial Advance or issuance of a Letter of Credit.
(2) Evidence that, as of September 5, 2009, and after satisfying all obligations owed to Company’s prior lender, if any, paying all trade payables older than 30 days from invoice date, and paying all book overdrafts and closing costs, Cash-on-Hand and Excess Borrowing Base Availability under the Line of Credit is not less than $13,000,000.
(3) Such other documents and items as Xxxxx Fargo in its sole discretion may require.
Miscellaneous Matters or Documents. (1) Payment of fees and reimbursable costs and expenses due under this Agreement through the date of initial Advance, including all legal expenses incurred through the date of the closing of this Agreement.
(2) Evidence that after making the initial Advance, establishing all reserves under the Borrowing Base, and satisfying all obligations owed to Company’s prior lender and all trade payables older than 60 days from invoice date, book overdrafts and closing costs and fees (including any fees deemed paid), the combined availability under the Line of Credit under this Agreement and the “Line of Credit” under the Domestic Facility Agreement is not less than $1,000,000.
(3) Such other documents as Wxxxx Fargo in its sole discretion may require.
Miscellaneous Matters or Documents. (1) Payment of fees and reimbursable costs and expenses due under this Agreement through the date of initial Advance or issuance of a Letter of Credit, including all legal expenses incurred through the date of the closing of this Agreement.
(2) Evidence that after making the initial Advance and issuing the initial Letter of Credit, establishing all reserves under the Borrowing Base (including a reserve equal to 10% of the outstanding balance (or initial projected balance) under the Ex-Im Credit Agreement), and satisfying all obligations owed to Company’s prior lender and all trade payables older than 60 days from invoice date, book overdrafts and closing costs and fees (including any fees deemed paid), the combined availability under the Line of Credit under this Agreement and the “Line of Credit” under the Ex-Im Credit Agreement is not less than $1,000,000.
(3) Such other documents as Wxxxx Fargo in its sole discretion may require.
Miscellaneous Matters or Documents. (1) Final approval of the Agreement by Ex-Im Bank.
(2) Payment of fees and reimbursable costs and expenses due under this Agreement through the date of initial Advance, including all legal expenses incurred through the date of the closing of this Agreement.
(3) Evidence that after making the initial Advance, establishing all reserves under the Borrowing Base, paying all trade payables older than sixty (60) days from invoice date, and paying all book overdrafts and closing costs and fees (including any fees deemed paid), the combined availability under the Line of Credit under this Agreement and the “Line of Credit” under the Domestic Facility Agreement is not less than $750,000.
(4) Any documents or other agreements entered into by Company and Xxxxx Fargo that relate to any swap, derivative, foreign exchange, hedge, deposit, treasury management or similar product or transaction extended to Company by Xxxxx Fargo not already provided pursuant to the requirements of (A) through (E) above.
(5) Such other documents as Xxxxx Fargo in its sole discretion may require.
Miscellaneous Matters or Documents. (1) Payment of fees and reimbursable costs and expenses due under this Agreement through the date of initial Advance or issuance of a Letter of Credit, including without limitation all legal expenses incurred through the date of the closing of this Agreement.
(2) Evidence that Company has deposited $10,000,000 in the aggregate into securities accounts or deposit accounts maintained with Wxxxx Fargo.
(3) Evidence that Liquidity is equal to or exceeds $15,000,000.
(4) Evidence that after making the initial Advance, paying all trade payables older than 30 days from due date, and paying all book overdrafts and closing costs, the sum of availability under the Line of Credit plus cash on hand is not less than $20,000,000.
(5) Any documents or other agreements entered into by Company and Wxxxx Fargo that relate to any Rate Hedge Agreement, derivative, foreign exchange, deposit, treasury management or similar product or transaction extended to Company by Wxxxx Fargo not already provided pursuant to the requirements of (A)-(E) above.
(6) Such other documents as Wxxxx Fargo in its reasonable discretion may require.
Miscellaneous Matters or Documents. (1) Payment of fees and reimbursable costs and expenses due under this Agreement through the date of initial Advance, including all legal expenses incurred through the date of the closing of this Agreement.
(2) Evidence that after making the initial Advance and satisfying all obligations owed to Company’s prior lender of even date herewith, and all trade payables older than 90 days from invoice date, book overdrafts and closing costs, the availability under the Line of Credit is not less than $1,000,000.00.
(3) Any documents or other agreements entered into by Company and Wxxxx Fargo that relate to any swap, derivative, foreign exchange, hedge, deposit, treasury management or similar product or transaction extended to Company by Wxxxx Fargo not already provided pursuant to the requirements of (A)-(F) above.
(4) Receipt and acceptance by Wxxxx Fargo of real estate appraisal completed by Quest Realty Advisors.
Miscellaneous Matters or Documents. (1) Payment of fees due under this Agreement through the date of initial Advance or issuance of a Letter of Credit.
(2) Evidence that, as of September 5, 2009, and after satisfying all obligations owed to Company’s prior lender, if any, paying all trade payables older than 30 days from invoice date, and paying all book overdrafts and closing costs, Cash-on-Hand and Excess Borrowing Base Availability under the Line of Credit is not less than $13,000,000.
(3) Such other documents and items as Xxxxx Fargo in its sole discretion may require. Company represents and warrants to Xxxxx Fargo as follows:
