Cash Collateral Termination Date definition

Cash Collateral Termination Date means the first date after September 28, 2013, on which all of the following conditions are satisfied: (a) the Borrower and its Subsidiaries, on a consolidated basis, have had at least a 5% increase in revenues (determined on a quarter-over-quarter basis) for two consecutive fiscal quarters, (b) the Loan Parties are in compliance with the financial covenants set forth in Section 8.11 for the then most recently-ended four fiscal quarter period and (c) no Default exists.

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Cash Collateral Termination Date set forth in Section 1 of the Loan Agreement is hereby amended and restated in its entirety as follows:

Cash Collateral Termination Date means the first day the Parent (a) has maintained Adjusted Consolidated EBITDA greater than $0 for each of the two most recently ended fiscal quarters, (b) has maintained aggregate Adjusted Consolidated EBITDA during any consecutive period not exceeding four fiscal quarters from October 1, 2008 through the last day of the most recently ended

Examples of Cash Collateral Termination Date in a sentence

At all times from the Second Amendment Effective Date through the Cash Collateral Termination Date, the Borrower agrees to maintain in the Cash Collateral Account, as security for the Secured Obligations, Collateral of a type described on the table set forth below this paragraph (collectively, the “Collateral Table”) and otherwise acceptable to the Collateral Agent (“Eligible Collateral”) with an Aggregate Cash Collateral Value at least equal to the Outstanding Balance.
If no Default exists, the Administrative Agent shall release to the Parent at the Parent’s written request any funds held in the Cash Collateral Account above (x) during the period from the Fourth Amendment Effective Date through the Cash Collateral Termination Date, 105% of the aggregate outstanding principal amount of the Advances plus 105% of the then current Letter of Credit Exposure and (y) after the Cash Collateral Termination Date, 105% of the then current Letter of Credit Exposure.
On the Cash Collateral Termination Date, if no Default exists, the Administrative Agent shall release to the Parent any funds held in the Cash Collateral Account not required to be held in the Cash Collateral Account after the Cash Collateral Termination Date pursuant to this Agreement.
The Parent shall not permit its Leverage Ratio at the end of any fiscal quarter, commencing with the last fiscal quarter ending prior to the Cash Collateral Termination Date, to be greater than 3.00 to 1.00.
During the period from the Fourth Amendment Effective Date through the Cash Collateral Termination Date, the Parent shall not permit Unencumbered Liquidity of the Borrowers and their consolidated Subsidiaries to be less than $100,000,000 at any time.

More Definitions of Cash Collateral Termination Date

Cash Collateral Termination Date means December 31, 2009.”

Cash Collateral Termination Date has the meaning ascribed to such term in the Security Agreement.

Cash Collateral Termination Date means the later of (i) the date that the Borrower has delivered to the Administrative Agent and each Lender the financial statements required to be furnished pursuant to Section 7.01(a) (together with the accompanying deliverables required pursuant to Sections 7.02(a) and 7.02(b)) for the fiscal year ending on October 31, 2010 and (ii) the first date following the commencement of the Cash Collateral Period on which all of the following conditions are satisfied: (a) the Borrower has delivered to the Administrative Agent and each Lender all financial statements required to be furnished pursuant to Section 7.01 on or prior to such date (together with the accompanying deliverables required pursuant to Sections 7.02(a) and 7.02(b)), including without limitation such financial statements and deliverables for the fiscal year ended on November 1, 2009 (all such financial statements to be prepared in a manner consistent with the fiscal year 2009 audited financial statements, subject to the absence of footnotes, but prepared after the application of all required Restatement Considerations); (b) the Borrower has filed all financial statements that are required to be filed with the SEC (without regard to the effect of any extensions for such filings), (c) the Loan Parties are in compliance with the financial covenants set forth in Section 8.11 for the then most recently-ended four fiscal quarter period (such calculations to be made based on the financial statements described in subclauses (a) and (b) above), (d) the Borrower shall have pledged 100% of the issued and outstanding Equity Interests of the SPV to the Administrative Agent, as collateral for the Secured Obligations (as such term is defined in the Security Agreement) and all obligations under any Swap Contract or Treasury Management Agreement between any Loan Party and any Lender or Affiliate of a Lender, pursuant to the SPV Pledge Agreement (which shall be in form and substance reasonably satisfactory to the Administrative Agent and the Lenders at the time of execution and delivery thereof and shall be subject to the Intercreditor Agreement which shall be in form and substance reasonably satisfactory to the Administrative Agent and the Lenders at the time of execution and delivery thereof) and shall have provided such other documentation (including legal opinions) in connection with the SPV Pledge Agreement as the Administrative Agent shall reasonably request and (e) no Default exists.

Cash Collateral Termination Date means the date upon which Agent, after consultation with Borrower, determines in Agent’s sole discretion that Borrower has received net cash proceeds through a Qualified Equity Transaction of not less than an amount sufficient to permit Borrower to have a cash runway through December 31, 2016.”

Cash Collateral Termination Date means the date on which Cash Collateral Usage Period shall be terminated, as designated by the Pre-Petition Agent (in accordance with the terms of the Financing Orders).

Cash Collateral Termination Date has the meaning assigned to such term in Section 3.04.