Borrower Unrestricted Cash definition

Borrower Unrestricted Cash means unrestricted cash and Cash Equivalents of the Borrowers that (a) are held in the name of a Borrower in a Deposit Account or Securities Account located in the United States that is subject to a Deposit Account Control Agreement or Securities Account Control Agreement, as applicable, in favor of Agent at bank or financial institution located in the United States, (b) is not subject to any Lien (other than Permitted Liens), and (c) are not funds for the payment of a drawn or committed but unpaid draft, ACH or EFT transaction.
Borrower Unrestricted Cash means, as of any date of determination, unrestricted cash and Cash Equivalents of the Borrowers that (a) are held in the name of a Borrower in a Deposit Account or Securities Account located in the United States that is subject to a Deposit Account Control Agreement or Securities Account Control Agreement, as applicable, in favor of Agent, (b) are not subject to any Lien (other than Permitted Liens), and (c) are not funds for the payment of a drawn or committed but unpaid draft, ACH or EFT transaction as of the applicable date of determination.
Borrower Unrestricted Cash means, as of any date of determination, unrestricted cash and Cash Equivalents of the Borrowers that (a) are held in the name of a Borrower in a Deposit Account or Securities Account located in the United States that is subject to a Deposit Account Control Agreement or Securities Account Control Agreement, as applicable, in favor of Agent and are otherwise subject to Agent’s first priority perfected security interest, (b) are not subject to any Lien (other than Permitted Liens), and (c) are not funds for the payment of a drawn or committed but unpaid draft, ACH or EFT transaction as of the applicable date of determination.

Examples of Borrower Unrestricted Cash in a sentence

  • Borrowers shall maintain, at all times, Borrower Unrestricted Cash in an aggregate amount not less than the Required Minimum Cash Amount.

  • Borrower shall ensure that Borrower Unrestricted Cash is in excess of $5,000,000 at all times during the Minimum Cash Period.

  • Borrowers shall not permit Borrower Unrestricted Cash, at any time during the term of this Agreement, to be less than Fifty Million Dollars ($50,000,000).

  • Borrowers will not permit Borrower Unrestricted Cash at any time during the term of this Agreement to be less than $50,000,000.

  • Borrower shall not permit Borrower Unrestricted Cash to be less than ThirtyTen Million Dollars ($30,000,000) at any time.10,000,000); provided, that at any time after the date that Agent has received evidence satisfactory to it (in its discretion) that the U.S. FDA has approved United Therapeutics’ new drug application in respect of Tyvaso DPI for the treatment of Pulmonary Arterial Hypertension, Borrowers shall not be required to comply with the covenant in this Section 9.2.


More Definitions of Borrower Unrestricted Cash

Borrower Unrestricted Cash has the meaning set forth in Section 6.1.
Borrower Unrestricted Cash means, as of any date of calculation, unrestricted cash and Cash Equivalents of Borrower and its Subsidiaries that are deposited in depositary, operating, or investment accounts in accordance with Section 6.8.
Borrower Unrestricted Cash means unrestricted cash and Cash Equivalents of the Borrowers that (a) are subject to Agent’s first priority perfected lien and held in the name of a Borrower in a Deposit Account or Securities Account that is subject to a Deposit Account Control Agreement or Securities Account Control Agreement, as applicable, in favor of Agent at a bank or financial institution located in the United States, (b) is not subject to any Lien (other than a Lien in favor of Agent or Permitted Liens), and (c) are not funds for the payment of a drawn or committed but unpaid draft, ACH or EFT transaction.
Borrower Unrestricted Cash means, as of any date of determination, unrestricted cash and Cash Equivalents of the Borrowers or the Securities Subsidiary (as applicable) that (a)(i) are held in the name of a Borrower in a Deposit Account or Securities Account located in the United States that is subject to a Deposit Account Control Agreement or Securities Account Control Agreement, as applicable, in favor of Agent at bank or financial institution located in the United States, or (ii) held in the name of the Securities Subsidiary in a Deposit Account or Securities Account located in the United States and the Borrower is in compliance with the provisions of Section 4.18 with respect to the Securities Subsidiary as of the applicable date of determination, (b) are not subject to any Lien (other than Permitted Liens), and (c) are not funds for the payment of a drawn or committed but unpaid draft, ACH or EFT transaction as of the applicable date of determination.
Borrower Unrestricted Cash means, as of any date of determination, unrestricted cash and Cash Equivalents of the Borrowers that (a) are held in the name of a Borrower in a Deposit Account or Securities Account located in the United States that is subject to a Deposit Account Control Agreement or Securities Account Control Agreement, as applicable, in favor of Agent and are otherwise subject to Agent’s first priority perfected security interest; provided, that, the requirement in this clause (a) that such accounts be subject to Deposit Account Control Agreements shall not apply during the timeframe set forth in Schedule 7.4 with respect to obtaining such Deposit Account Control Agreements, (b) are not subject to any Lien (other than Permitted Liens), and (c) are not funds for the payment of a drawn or committed but unpaid draft, ACH or EFT transaction as of the applicable date of determination.
Borrower Unrestricted Cash means unrestricted cash and Cash Equivalents of the Borrowers and Credit Parties that (a) are held in the name of a Borrower or other Credit Party in a Deposit Account or Securities Account located in the United States that is subject to a Deposit Account Control Agreement or Securities Account Control Agreement, as applicable, in favor of Agent at bank or financial institution located in the United States, (b) is not subject to any Lien (other than Liens securing the Obligations and other Permitted Liens that are non-consensual Liens arising under applicable law), and (c) are not funds for the payment of a drawn or committed but unpaid draft, ACH or EFT transaction.
Borrower Unrestricted Cash means, as of any date of calculation, unrestricted cash and cash equivalents of Borrower that (a) are subject to Agent’s first priority perfected lien and held in the name of Borrower in a Deposit Account or Securities Account that is subject to a Control Agreement in favor of Agent at a bank or financial institution located in the United States, (b) is not subject to any Lien (other than a Lien in favor of Agent), and (c) are not funds for the payment of a drawn or committed but unpaid draft, ACH or EFT transaction, in each case as of such date.