Common use of Monthly Delivery Clause in Contracts

Monthly Delivery. At all times that (x) Excess Borrowing Base Capacity is greater than an amount equal to forty percent (40%) of the Commitments then in effect (as determined by the Administrative Agent based on the then most recent set of Borrowing Base Certificates delivered by the Borrowers or, during the period from June 30 to October 31 in any Fiscal Year, based on the better of the two most recent sets of Borrowing Base Certificates delivered by the Borrowers and (y) addenda to Schedules 7.05-A and 7.05-B for the then current calendar year are in effect pursuant to this Section 7.05(a), on each Business Day set forth on Schedule 7.05-A with respect to the Domestic Borrowers and Schedule 7.05-B with respect to the Multicurrency Borrowers (each, a “Monthly Borrowing Base Delivery Date”), the Domestic Borrowers and the Multicurrency Borrowers shall each provide the Administrative Agent with a Borrowing Base Certificate (which the Administrative Agent shall promptly deliver to each Domestic Lender and each Multicurrency Lender, respectively), reporting Eligible Receivables and Eligible Inventory as of the Business Day set forth on Schedule 7.05-A or Schedule 7.05-B, as applicable, for such Collateral and corresponding to the applicable Monthly Borrowing Base Delivery Date, or, in each case, as of any other date requested by the Administrative Agent in its sole discretion, together with such supporting documents as the Administrative Agent requests, all with respect to the Domestic Facility certified as being true, accurate and complete by a Financial Officer of the Domestic Borrowers, and all with respect to the Multicurrency Facility certified as being true, accurate and complete by a Financial Officer of the Multicurrency Borrowers. Not later than December 10 (or if such day is not a Business Day, on the next succeeding Business Day) in each calendar year, the Borrowers shall deliver to the Administrative Agent an addendum to each of Schedule 7.05-A and Schedule 7.05-B showing the Monthly Borrowing Base Delivery Dates and reporting dates as to Eligible Receivables and Eligible Inventory for the immediately following calendar year which addenda shall become effective for such following calendar year upon the Administrative Agent’s approval thereof. Upon approval of any such addenda the Administrative Agent shall promptly deliver such addenda to each Lender.

Appears in 1 contract

Samples: Credit Agreement (Nacco Industries Inc)

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Monthly Delivery. At all times that (x) Excess Borrowing Base Capacity the Availability under both Credit Facilities is greater than or equal to an amount equal to forty fifteen percent (4015%) of the Commitments then in effect (as determined by the Administrative Agent based on the then most recent set of Borrowing Base Certificates delivered by the Borrowers or, during the period from June 30 to October 31 in any Fiscal Year, based on the better of the two most recent sets of Borrowing Base Certificates delivered by the Borrowers Borrowers) and (y) addenda to Schedules 7.05-A and 7.05-B for the then current calendar year are in effect pursuant to this Section 7.05(a), on each Business Day set forth on Schedule 7.05-A with respect to the Domestic Borrowers and Schedule 7.05-B with respect to the Multicurrency Borrowers (each, a “Monthly Borrowing Base Delivery Date”), the Domestic Borrowers and the Multicurrency Borrowers shall each provide the Administrative Agent with a Borrowing Base Certificate (which the Administrative Agent shall promptly deliver to each Domestic Lender and each Multicurrency Lender, respectively), reporting Eligible Receivables and Eligible Inventory as of the Business Day set forth on Schedule 7.05-A or Schedule 7.05-B, as applicable, for such Collateral and corresponding to the applicable Monthly Borrowing Base Delivery Date, or, in each case, as of any other date requested by the Administrative Agent in its sole discretion, together with such supporting documents as the Administrative Agent requests, all with respect to the Domestic Facility certified as being true, accurate and complete by a Financial Officer of the Domestic Borrowers, and all with respect to the Multicurrency Facility certified as being true, accurate and complete by a Financial Officer of the Multicurrency Borrowers. Not later than December 10 (or if such day is not a Business Day, on the next succeeding Business Day) in each calendar year, the Borrowers shall deliver to the Administrative Agent an addendum to each of Schedule 7.05-A and Schedule 7.05-B showing the Monthly Borrowing Base Delivery Dates and reporting dates as to Eligible Receivables and Eligible Inventory for the immediately following calendar year which addenda shall become effective for such following calendar year upon the Administrative Agent’s 's approval thereof. Upon approval of any such addenda the Administrative Agent shall promptly deliver such addenda to each Lender.

Appears in 1 contract

Samples: Credit Agreement (Nacco Industries Inc)

Monthly Delivery. At all times that (x) Excess Borrowing Base Capacity is greater than an amount equal to forty percent (40%) of the Commitments then in effect (as determined by the Administrative Agent based on the then most recent set of Borrowing Base Certificates delivered by the Borrowers or, during the period from June 30 to October 31 in any Fiscal Year, based on the better of the two most recent sets of Borrowing Base Certificates delivered by the Borrowers Borrowers) and (y) addenda to Schedules 7.05-A and 7.05-B for the then current calendar year are in effect pursuant to this Section 7.05(a), on each Business Day set forth on Schedule 7.05-A with respect to the Domestic Borrowers and Schedule 7.05-B with respect to the Multicurrency Borrowers (each, a "Monthly Borrowing Base Delivery Date"), the Domestic Borrowers and the Multicurrency Borrowers shall each provide the Administrative Agent with a Borrowing Base Certificate (which the Administrative Agent shall promptly deliver to each Domestic Lender and each Multicurrency Lender, respectively), reporting Eligible Receivables and Eligible Inventory as of the Business Day set forth on Schedule 7.05-A or Schedule 7.05-B, as applicable, for such Collateral and corresponding to the applicable Monthly Borrowing Base Delivery Date, or, in each case, as of any other date requested by the Administrative Agent in its sole discretion, together with such supporting documents as the Administrative Agent requests, all with respect to the Domestic Facility certified as being true, accurate and complete by a Financial Officer of the Domestic Borrowers, and all with respect to the Multicurrency Facility certified as being true, accurate and complete by a Financial Officer of the Multicurrency Borrowers. Not later than December 10 (or if such day is not a Business Day, on the next succeeding Business Day) in each calendar yearyear commencing with 2004, the Borrowers shall deliver to the Administrative Agent an addendum to each of Schedule 7.05-A and Schedule 7.05-B showing the Monthly Borrowing Base Delivery Dates and reporting dates as to Eligible Receivables and Eligible Inventory for the immediately following calendar year which addenda shall become effective for such following calendar year upon the Administrative Agent’s 's approval thereof. Upon approval of any such addenda the Administrative Agent shall promptly deliver such addenda to each Lender.

Appears in 1 contract

Samples: Credit Agreement (NMHG Holding Co)

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Monthly Delivery. At all times that (x) Excess Borrowing Base Capacity is greater than an amount equal to forty percent (40%) of the Commitments then in effect (as determined by the Administrative Agent based on the then most recent set of Borrowing Base Certificates delivered by the Borrowers or, during the period from June 30 to October 31 in any Fiscal Year, based on the better of the two most recent sets of Borrowing Base Certificates delivered by the Borrowers Borrowers) and (y) addenda to Schedules 7.05-A and 7.05-B for the then current calendar year are in effect pursuant to this Section 7.05(a), on each Business Day set forth on Schedule 7.05-A with respect to the Domestic Borrowers and Schedule 7.05-B with respect to the Multicurrency Borrowers (each, a “Monthly Borrowing Base Delivery Date”), the Domestic Borrowers and the Multicurrency Borrowers shall each provide the Administrative Agent with a Borrowing Base Certificate (which the Administrative Agent shall promptly deliver to each Domestic Lender and each the Multicurrency Lender, respectively), reporting Eligible Receivables and Eligible Inventory as of the Business Day set forth on Schedule 7.05-A or Schedule 7.05-B, as applicable, for such Collateral and corresponding to the applicable Monthly Borrowing Base Delivery Date, or, in each case, as of any other date requested by the Administrative Agent in its sole discretion, together with such supporting documents as the Administrative Agent requests, all with respect to the Domestic Facility certified as being true, accurate and complete by a Financial Officer of the Domestic Borrowers, and all with respect to the Multicurrency Facility certified as being true, accurate and complete by a Financial Officer of the Multicurrency Borrowers. Not later than December 10 (or if such day is not a Business Day, on the next succeeding Business Day) in each calendar yearyear commencing with 2005, the Borrowers shall deliver to the Administrative Agent an addendum to each of Schedule 7.05-A and Schedule 7.05-B showing the Monthly Borrowing Base Delivery Dates and reporting dates as to Eligible Receivables and Eligible Inventory for the immediately following calendar year which addenda shall become effective for such following calendar year upon the Administrative Agent’s approval thereof. Upon approval of any such addenda the Administrative Agent shall promptly deliver such addenda to each Lender.

Appears in 1 contract

Samples: Credit Agreement (NMHG Holding Co)

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