Common use of Weekly Delivery Clause in Contracts

Weekly Delivery. At all times that (x) Excess Borrowing Base Capacity is less than an amount equal to twenty percent (20%) 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) or (y) the conditions for monthly and semi-monthly reporting in Sections 7.05(a) and 7.05(b), respectively, are not satisfied at such time, on each Wednesday (or if such day is not a Business Day, on the next succeeding Business Day) or more frequently if requested by the Administrative Agent in its sole discretion (each, a “Weekly 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 (i) Eligible Receivables as of the last Business Day of the immediately preceding calendar week and (ii) Eligible Inventory as of (A) the last Business Day of the second preceding calendar month on any Weekly Borrowing Base Delivery Date on or prior to the fifteenth day of the calendar month and (B) as of the last Business Day of the immediately preceding calendar month on any Weekly Borrowing Base Delivery Date after the fifteenth day of the calendar month, or, in any case of clauses (i) or (ii) above, 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.

Appears in 1 contract

Samples: Credit Agreement (Nacco Industries Inc)

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Weekly Delivery. At all times that (x) Excess Borrowing Base Capacity is less than an amount equal to twenty percent (20%) 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) or (y) the conditions for monthly and semi-monthly reporting in Sections 7.05(a) and 7.05(b), respectively, are not satisfied at such time, on each Wednesday (or if such day is not a Business Day, on the next succeeding Business Day) or more frequently if requested by the Administrative Agent in its sole discretion (each, a “Weekly 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 (i) Eligible Receivables as of the last Business Day of the immediately preceding calendar week and (ii) Eligible Inventory as of (A) the last Business Day of the second preceding calendar month on any Weekly Borrowing Base Delivery Date on or prior to the fifteenth day of the calendar month and (B) as of the last Business Day of the immediately preceding calendar month on any Weekly Borrowing Base Delivery Date after the fifteenth day of the calendar month, or, in any case of clauses (i) or (ii) above, 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.

Appears in 1 contract

Samples: Credit Agreement (NMHG Holding Co)

Weekly Delivery. At all times that (x) Excess Borrowing Base Capacity the aggregate Availability under both Credit Facilities is less than an amount equal to twenty fifteen percent (2015%) 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) or (y) the conditions for monthly and semi-monthly reporting in Sections 7.05(a) and 7.05(b), respectively, are not satisfied at such time, on each Wednesday (or if such day is not a Business Day, on the next succeeding Business Day) or more frequently if requested by the Administrative Agent in its sole discretion (each, a “Weekly 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 (i) Eligible Receivables as of the last Business Day of the immediately preceding calendar week and (ii) Eligible Inventory as of (A) the last Business Day of the second preceding calendar month on any Weekly Borrowing Base Delivery Date on or prior to the fifteenth day of the calendar month and (B) as of the last Business Day of the immediately preceding calendar month on any Weekly Borrowing Base Delivery Date after the fifteenth day of the calendar month, or, in any case of clauses (i) or (ii) above, 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.

Appears in 1 contract

Samples: Credit Agreement (Nacco Industries Inc)

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Weekly Delivery. At all times that (x) Excess Borrowing Base Capacity is less than an amount equal to twenty percent (20%) 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) or (y) the conditions for monthly and semi-monthly reporting in Sections 7.05(a) and 7.05(b), respectively, are not satisfied at such time, on each Wednesday (or if such day is not a Business Day, on the next succeeding Business Day) or more frequently if requested by the Administrative Agent in its sole discretion (each, a "Weekly 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 (i) Eligible Receivables as of the last Business Day of the immediately preceding calendar week and (ii) Eligible Inventory as of (A) the last Business Day of the second preceding calendar month on any Weekly Borrowing Base Delivery Date on or prior to the fifteenth day of the calendar month and (B) as of the last Business Day of the immediately preceding calendar month on any Weekly Borrowing Base Delivery Date after the fifteenth day of the calendar month, or, in any case of clauses (i) or (ii) above, 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.

Appears in 1 contract

Samples: Credit Agreement (NMHG Holding Co)

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