Revolving Advances; Advance Limit. Upon the request of Borrower made at any time from and after the date hereof until the Termination Date, and so long as no Event of Default has occurred, Lender may, in its Good Faith discretion, make Advances to Borrower under a revolving credit facility (the Revolving Credit Facility) in an amount up to: (a) so long as Dilution is equal to or less than one and one-half percent (1.5%), the sum of (i) ninety percent (90%) of the aggregate outstanding amount of Eligible Accounts plus (ii) (x) eighty percent (80%) of the aggregate amount of the Eligible Unbilled Accounts or (y) One Million Dollars ($1,000,000), whichever is less (the sum of clauses (i) and (ii) being, the Borrowing Base); (b) minus the Payroll Reserve; provided, however, in no event at any time shall the maximum aggregate principal amount outstanding under the Revolving Credit Facility exceed Ten Million Dollars ($10,000,000) (said dollar limit being, the Advance Limit). Lender may create reserves including, without limitation, the Dilution Reserve (should Dilution exceed 1.5%) and the Payroll Reserve, against, or reduce its advance percentages based on Eligible Accounts or Eligible Unbilled Accounts without declaring an Event of Default if Lender determines, in its Good Faith discretion, that such reserves or reduction are necessary, without limitation, to protect Lender's interest in the Collateral and/or against diminution in the value of any Collateral and/or to insure that the prospect of payment or performance by Borrower of its Obligations to Lender are not impaired. Borrower acknowledges that it has requested Lender to enter into an indemnification agreement in favor of Sterling National Bank and agrees that any sums paid by Lender to Sterling National Bank thereunder shall be deemed to be Advances under this Section 2.1. Ameri100 - Loan and Security Agreement – EXECUTION VERSION - 6 -
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Revolving Advances; Advance Limit. Upon the request of Borrower Xxxxxxxx made at any time from and after the date hereof until the Termination Date, and so long as no Event of Default has occurred, Lender may, in its Good Faith sole and absolute discretion, make Advances to Borrower under a revolving credit facility (the Revolving Credit Facility) in an amount up to:
(a) so long as Dilution is equal to or less than one and oneeighty-half five percent (1.5%), the sum of (i) ninety percent (9085%) of the aggregate outstanding amount of Eligible Accounts plus (iithe Eligible Accounts Loan Value), so long as Dilution is less than three percent (3%); plus
(b) the lowest of:
(i) (x) eighty an amount up to thirty-five percent (8035%) of the aggregate amount value of the Eligible Unbilled Accounts or Inventory;
(yii) One Seven Million Dollars ($1,000,0007,000,000), whichever is less ; and
(iii) an amount not to exceed one hundred percent (100%) of the then outstanding Eligible Accounts Loan Value;
(c) minus the Availability Block (the sum of amounts of clauses (ia) and (iib) less (c) being, the Borrowing Base);
(b) minus the Payroll Reserve; provided, however, in no event at any time shall the maximum aggregate principal amount outstanding under the Revolving Credit Facility exceed Ten Eighteen Million Dollars ($10,000,00018,000,000) (said dollar limit being, the Advance Limit). Notwithstanding the foregoing, for the period commencing on the Modification Agreement Date through December 31, 2024, the inventory material identified and set forth on Schedule 1 attached hereto (“Scheduled Inventory”) that would otherwise be deemed ineligible as slow-moving will be deemed Eligible Inventory by Lender; provided, however, that in no event shall the amount of the Borrowing Base attributable to such otherwise deemed ineligible Scheduled Inventory exceed Three Hundred Thousand Dollars ($300,000). Lender may create reserves including, without limitation, the Dilution Reserve (should Dilution exceed 1.5%) and the Payroll Reserve, against, or reduce its advance percentages based on Eligible Accounts or Eligible Unbilled Accounts Inventory without declaring an Event of Default if Lender determines, in its Good Faith good faith discretion, that such reserves or reduction are necessary, without limitation, to protect Lender's ’s interest in the Collateral and/or against diminution in the value of any Collateral and/or to insure that the prospect of payment or performance by Borrower of its Obligations to Lender are not impaired. Borrower acknowledges that it has requested Lender to enter into an indemnification agreement in favor of Sterling National Bank and agrees that any sums paid by Lender to Sterling National Bank thereunder shall be deemed to be Advances under this Section 2.1. Ameri100 - Loan and Security Agreement – EXECUTION VERSION - 6 -.”
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Revolving Advances; Advance Limit. Upon the request of Borrower Borrower, made at any time from and after the date hereof until the Termination Date, and so long as no Event of Default has occurred, Lender BACC may, in its Good Faith sole and absolute discretion, make Advances to Borrower under a revolving credit facility (the Revolving Credit Facility) in an amount up to:
to (a) so long as Dilution is equal to or less than one and one-half eighty five percent (1.5%), the sum of (i) ninety percent (9085%) of the aggregate outstanding amount of Eligible Accounts Accounts, plus (iib) the lesser of (xi) eighty seventy percent (8070%) of the aggregate outstanding amount of the Future Eligible Unbilled Unnoticed Government Contract Accounts or (yii) One Million Five Hundred Thousand Dollars ($1,000,000500,000.00), whichever is less plus (c) the sum lesser of clauses (i) and seventy percent (70%) of the aggregate outstanding amount of Eligible Unnoticed Government Contract Accounts, or (ii) being, the Borrowing Base);
One Hundred Thousand Dollars (b$100,000.00) minus (d) the Payroll ReserveReserve Amount hi effect from time to time, and further minus (c) the Tax Reserve Amount in effect from time to time; provided, however, that in no event at any time shall the maximum aggregate principal amount of the outstanding Advances under the Revolving Credit Facility exceed Ten be greater than, at any time, the amount of Three Million Dollars ($10,000,0003,000,000.00) or such other Dollar amount as BACC and Borrower may agree to in writing from time to time (said dollar limit being, the Advance Limit). Lender Borrower may from time to time apply to BACC for an increase in the Advance Limit based upon Borrower’s projection of a need for an increase in the Advance Limit because of additional contracts awarded or anticipated may be awarded to Borrower and/or proposed acquisitions by Borrower and/or other factors, and with Borrower acknowledging that any increase in the Advance Limit shall be in the sole and absolute discretion of BACC and on such terms and conditions as BACC may require. BACC may create additional reserves including, without limitation, the Dilution Reserve (should Dilution exceed 1.5%) and the Payroll Reserve, against, or reduce its advance percentages percentage based on Eligible Accounts or Eligible Unbilled Accounts without declaring an Event of Default if Lender it determines, in its Good Faith good faith discretion, that such reserves or reduction are is necessary, including, without limitation, to protect Lender's its interest in the Collateral and/or against diminution in the value of any Collateral Collateral, and/or to insure that the prospect of payment or performance by Borrower of its Obligations to Lender BACC are not impaired. Borrower acknowledges that it has requested Lender to enter into an indemnification agreement in favor The outstanding balance, if any, of Sterling National Bank and agrees that any sums paid the loans acquired by Lender to Sterling National Bank thereunder BACC from PNC shall be deemed to be Advances under this Section 2.1. Ameri100 - Loan and Security Agreement – EXECUTION VERSION - 6 -.
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Revolving Advances; Advance Limit. Upon the request of Borrower Borrower, made at any time from and after the date hereof until the Termination Date, and so long as no Event of Default has occurred, Lender Bank may, in its Good Faith sole and absolute discretion, make Advances to Borrower under a revolving credit facility (the Revolving Credit Facility) in an amount up to:
to (a) so long as Dilution is equal to or less than one and one-half eighty five percent (1.5%), the sum of (i) ninety percent (9085%) of the aggregate outstanding amount of Eligible Accounts Accounts, plus (iib) the lesser of (xi) eighty seventy percent (8070%) of the aggregate outstanding amount of the Future Eligible Unbilled Unnoticed Government Contract Accounts or (yii) One Million Five Hundred Thousand Dollars ($1,000,000500,000.00), whichever is less plus (c) the sum lesser of clauses (i) and seventy percent (70%) of the aggregate outstanding amount of Eligible Unnoticed Government Contract Accounts or (ii) beingOne Hundred Thousand Dollars ($100,000.00), the Borrowing Base);
minus (bd) minus the Payroll ReserveReserve Amount in effect from time to time, and further minus (e) the Tax Reserve Amount in effect from time to time; provided, however, that in no event at any time shall the maximum aggregate principal amount of the outstanding Advances under the Revolving Credit Facility exceed Ten be greater than, at any time, the amount of Two Million Dollars ($10,000,0002,000,000.00) or such other amount as Bank and Borrower may agree to in writing from time to time (said dollar limit being, the “Advance Limit”). Borrower may from time to time apply to Bank for an increase in the Advance Limit)Limit based upon Borrower’s projection of a need for an increase in the Advance Limit because of additional contracts awarded or anticipated may be awarded to Borrower and/or proposed acquisitions by Borrower and/or other factors, and with Borrower acknowledging that any increase in the Advance Limit shall be in the sole and absolute discretion of Bank and on such terms and conditions as Bank shall require. Lender Bank may create additional reserves including, without limitation, the Dilution Reserve (should Dilution exceed 1.5%) and the Payroll Reserve, against, or reduce its advance percentages percentage based on Eligible Accounts or Eligible Unbilled Accounts without declaring an Event of Default if Lender it determines, in its Good Faith good faith discretion, that such reserves or reduction are is necessary, including, without limitation, to protect Lender's its interest in the Collateral and/or against diminution in the value of any Collateral Collateral, and/or to insure that the prospect of payment or performance by Borrower of its Obligations to Lender Bank are not impaired. Borrower acknowledges that it has requested Lender to enter into an indemnification agreement in favor Mod — sale of Sterling National Bank RX and agrees that any sums paid by Lender to Sterling National Bank thereunder shall be deemed to be Advances under this Section 2.1. Ameri100 - Loan and Security Agreement – EXECUTION VERSION - 6 -DSC waiver 9/30/09
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