Net Cash Position. (a) Until the earlier of (i) notification by Bank to Borrower or (ii) the occurrence of a Default, all collected balances held in the Collections Account shall be considered in calculating the Net Cash Position.
Net Cash Position before 8:00am on the Second Court Date:
Net Cash Position. (a) Parent shall prepare and deliver (such date of delivery, the “Cash Determination Date”) to the Company ten (10) business days prior to the anticipated Closing (the “Anticipated Closing Date”), a schedule (the “Net Cash Schedule”) setting forth, in reasonable detail, the Net Cash of Parent as of the Cash Determination Date and Parent’s good faith estimate of Net Cash to be held by Parent as of the Closing, together with the work papers and back-up materials used in preparing such Net Cash Schedule. After delivery of the Net Cash Schedule by Parent, the Company shall have an opportunity to review the Net Cash Schedule and Parent shall provide the Company and its Representatives with access to the books and records, books of account, accountant’s work papers, and personnel and accountants of Parent and shall cause the employees, accountants and other Representatives of Parent to cooperate with the Company and its Representatives at reasonable times and upon reasonable notice in connection with their review of such documents and information. Neither delivery of the Net Cash Schedule nor any review thereof (or failure to review) by the Company or its Representatives shall be deemed to be a waiver of the conditions set forth in Section 7.1(d).
Net Cash Position. If Borrower subscribes to treasury services applicable to the Loan, Net Cash Position shall be determined in accordance with the Services Agreement. If Borrower does not subscribe to treasury services applicable to the Loan or if such treasury services are terminated, Net Cash Position shall be determined by Bank based on daily collected balances in Borrower’s Demand Deposit Account or Collections Account, as applicable, in accordance with the terms hereof and customary banking practice for asset-based credits.
Net Cash Position. The Projections set forth in Schedule One to the Forbearance Agreement are being replaced by the projections attached hereto as Schedule One (the "New Projections"). All references in the Forbearance Agreement to the Projections shall be deemed references to the New Projections.
Net Cash Position. As of the Effective Time, the Company's Net Cash Position shall not be less than ($365,000) (the "Permissible Shortfall"); provided, however, that 38 39
Net Cash Position. A Standstill Termination shall be deemed to occur if any one of the following occurs:
Net Cash Position. Until the occurrence of a Default, all collected ----------------- balances (to be reduced by any chargebacks, any returned items or any other funds which are either eventually not collected or which must be returned) held in the Collections Account shall be considered in calculating the Net Cash Position.
