Insolvency Increase Amount definition

Insolvency Increase Amount means, during any Insolvency Proceeding by or against a Loan Party, an amount equal to the result of (a) 5.0% of the sum of (i) the Revolving Borrowing Base and (ii) the FILO A Borrowing Base, minus (b) any then outstanding Protective Advances made pursuant to clause (b) of the definition of Maximum Revolving / FILO A Insolvency Amount (subject to the limitations set forth therein), whether such Protective Advance is made prior to or during such Insolvency Proceeding; provided that such result shall not be less than zero.
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Insolvency Increase Amount means, at any time of determination, ten percent (10%) percent of the Revolving Borrowing Base minus all outstanding Permitted Overadvances, other than (i) Unintentional Overadvances, and (ii) Permitted Overadvances made to pay up to two (2) weeks of payroll expenses of the Loan Parties to the extent actually used for such purpose, but in no event to exceed (as to all such Permitted Overadvances other than Unintentional Overadvances) an amount equal to 2.5% of the Combined Borrowing Base.
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Insolvency Increase Amount means, during any Insolvency Proceeding by or against a Loan Party, an amount equal to the result of (a) 5% of the Modified Borrowing Base, minus (b) any then outstanding Protective Advances made pursuant to clause (b) of the definition of Maximum Revolving Insolvency Amount (subject to the limitations set forth therein), whether such Protective Advance is made prior to or during such Insolvency Proceeding; provided that such result shall not be less than zero.
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More Definitions of Insolvency Increase Amount

Insolvency Increase Amount means, during any proceeding under Debtor Relief Laws, an amount equal to the result of (x) 5.00% of the sum of the Revolving Borrowing Base (calculated without giving effect to any FILO Seasonal Reserve), minus (y) any then outstanding Permitted Overadvances or Protective Advances made pursuant to clause (b) of the definition of Maximum Revolving Insolvency Amount (subject to the limitations set forth therein), whether such Permitted Overadvance or Protective Advance is made prior to or during any proceeding under Debtor Relief Laws; provided that such result shall not be less than zero.
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Insolvency Increase Amount or “Maximum Revolving Insolvency Amount” or (ii) changes, modifies or waives any of the provisions of Sections 10.6 through 10.12;
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Insolvency Increase Amount means, at any time of determination, the result of (a) five percent (5%) percent of the Revolving Loan Borrowing Base minus (b) all outstanding Permitted Overadvances, other than (i) Unintentional Overadvances, and (ii) Permitted Overadvances made to pay up to two (2) weeks of payroll expenses of the Loan Parties to the extent actually used for such purpose (“Permitted Payroll Overadvances”), but in no event shall such Permitted Payroll Overadvances exceed an amount equal to 3.5% of the sum of the Revolving Loan Borrowing Base and the Term Loan Borrowing Base. “Independent Consultant” means Berkeley Research Group, LLC (or another independent third party consultant reasonably acceptable to the Agents). “Intellectual Property” has the meaning assigned to such term in the Intellectual Property Security Agreement. “Intellectual Property Security Agreement” means the Intellectual Property Security Agreement dated as of the Third Amendment Effective Date, among the Loan Parties and the Collateral Agent for the benefit of the Credit Parties, as amended and in effect from time to time. “Intercreditor Agreement” shall mean (a) that certain Intercreditor Agreement dated as of September 12, 2003 by and among the Loan Parties, Bank of America (as successor by merger to Fleet Retail Group, LLC (f/k/a Fleet Retail Finance Inc.)), and World Financial Network National Bank, now known as Comenity Bank, as amended and in effect from time to time, and (b) an intercreditor agreement with any third party administering a private label credit card program for any of the Loan Parties in substitution for Comenity Bank, on terms reasonably acceptable to the Administrative Agent (which agreement shall be deemed reasonably acceptable if it contains the same terms as the intercreditor agreement with Comenity Bank). “Interest Payment Date” means (a) with respect to any Prime Rate Loan (including a Swingline Loan) and all Term Loans, the first day of each calendar month, and (b) with respect to any LIBO Loan (other than any Term Loan), on the last day of the Interest Period applicable to the Borrowing of which such Loan is a part, and, in addition, if such LIBO Loan has an Interest Period of greater than ninety (90) days, on the last day of the third month of such Interest Period. 28
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Insolvency Increase Amount. “Person” means any natural person, corporation, limited liability company, trust, joint venture, association, company, partnership, Governmental Authority or other entity. “Plan” means a Single Employer Plan or a Multiple Employer Plan. “Portal” has the meaning specified provided therefor in Section 2.04. “Prime Rate” shall mean , for any day, a fluctuating rate per annum equal to the highest the greatest of (a) the Federal Funds Effective Rate for such day, plus 0.50 ½%;, (b) the Adjusted LIBO Rate for a 30 day interest period as (which rate shall be calculated based upon an Interest Period of one month and shall be determined on such day a daily basis) , plus 1.0% one percentage point , and (c) the rate of interest announced, from time to time, within Xxxxx Fargo at its principal office in San Francisco as its “prime rate”, with the understanding that the “prime rate” 39
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Insolvency Increase Amount. “Interest Payment Date”, “LIBO Rate”, “Material Adverse Effect”, “Measurement Period”, “Payment Conditions”, “Restricted Payments”, “Reserves” (or any defined term included therein), “Revolving Loan Priority Collateral”, “Term Loan Action Notice”, “Term Loan Priority Collateral”, “Term Loan Reserve”, or “Unintentional Overadvance”, or (2) amend Sections 5.01, 5.02, 5.09, 5.10, 6.05, 7.01, 7.02, 9.03, or any provision of Article VI, (xi) modify the definition of “Permitted Overadvance” so as to increase the amount thereof or, except as provided in such definition, the time period for which a Permitted Overadvance may remain outstanding, in each case without the Consent of each Lender, or 149
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Related to Insolvency Increase Amount

  • Increase Amount is defined in Section 2.3(a).

  • Available Increase Amount means, as of any date of determination, an amount equal to the result of (a) $50,000,000, minus (b) the aggregate principal amount of Increases to the Revolver Commitments previously made pursuant to Section 2.14 of this Agreement.

  • Subordination Increase Amount As to any Distribution Date, the lesser of (i) the Subordination Deficiency and (ii) the Excess Interest.

  • Overcollateralization Increase Amount With respect to any Distribution Date, the lesser of (a) the Overcollateralization Deficiency Amount as of such Distribution Date and (b) the Net Monthly Excess Cashflow for such Distribution Date.

  • Increased Amount of any Indebtedness shall mean any increase in the amount of such Indebtedness in connection with any accrual of interest, the accretion of accreted value, the amortization of original issue discount, the payment of interest in the form of additional Indebtedness with the same terms, accretion of original issue discount or liquidation preference and increases in the amount of Indebtedness outstanding solely as a result of fluctuations in the exchange rate of currencies or increases in the value of property securing Indebtedness.

  • Term Loan Committed Amount shall have the meaning set forth in Section 2.2(a).

  • Aggregate Revolving Committed Amount means the aggregate amount of Commitments in effect from time to time, being initially One Hundred Fifty Million Dollars ($150,000,000) (as such amount may be increased as provided in Section 2.5 or reduced as provided in Section 2.9 from time to time).

  • Maximum Revolving Advance Amount means $25,000,000.

  • Aggregate Revolving Commitment Amount means the aggregate principal amount of the Aggregate Revolving Commitments from time to time. On the Closing Date, the Aggregate Revolving Commitment Amount is $300,000,000.

  • Commitment Increase Notice as defined in Section 2.1(b).

  • Term Loan Increase has the meaning set forth in Section 2.14(a).

  • Extended Term Loan Repayment Amount shall have the meaning provided in Section 2.5(c).

  • New Term Loan Repayment Amount shall have the meaning provided in Section 2.5(c).

  • Available Incremental Amount has the meaning set forth in Section 2.14(d)(v).

  • Incremental Term Loan Repayment Dates means the dates scheduled for the repayment of principal of any Incremental Term Loan, as set forth in the applicable Incremental Term Loan Assumption Agreement.

  • Total Incremental Term Loan Commitment means the sum of the Incremental Term Loan Commitments of any Class of Incremental Term Loans of all the Lenders providing such Class of Incremental Term Loans.

  • Incremental Term Loan Amount means, at any time, the excess, if any, of (a) $25,000,000 over (b) the sum of (i) the aggregate increase in the Revolving Credit Commitments established at or prior to such time pursuant to Section 2.24 and (ii) the aggregate amount of all Incremental Term Loan Commitments established prior to such time pursuant to Section 2.25.

  • Incremental Revolving Increase has the meaning set forth in Section 2.16(a).

  • Uncommitted Amount shall have the meaning assigned thereto in the Pricing Side Letter.

  • Maximum Yield Supplement Amount means with respect to any Collection Period and the related Deposit Date, after giving effect to the Yield Supplement Amount, the maximum amount required to be on deposit in the Yield Supplement Account on the immediately succeeding Payment Date, which is equal to the present value (using an interest rate of: 0.25%) of the sum of all Yield Supplement Amounts for all future Payment Dates, assuming that future Scheduled Payments on the Discount Receivables are made on the date on which they are scheduled as being due.

  • Maximum Incremental Amount means, at any time, the sum of (a) $1,400.0 million minus the Dollar Equivalent amount (measured at the time of incurrence) of New Term Loans, New Revolving Commitments and Permitted Alternative Incremental Facilities Debt previously established or incurred in reliance on this clause (a) plus (b) the aggregate Dollar Equivalent amount (measured at the time of prepayment or reduction) of Term Loans and Revolving Commitments outstanding on the Closing Date (or established pursuant to clause (a) above) that are optionally prepaid or optionally reduced (other than with the proceeds of long-term Indebtedness (other than borrowings under any revolving credit facility) and other than Revolving Commitments replaced with New Revolving Commitments) following the Closing Date and on or prior to such time (and, in the case of any prepayment of Term Loans pursuant to Section 2.08(d), based on the Dollar Equivalent amount (measured at the time of each applicable prepayment) expended by the Borrowers pursuant to such Section 2.08(d) and not the principal amount) plus (c) an unlimited amount so long as, in the case of this clause (c) only, on a pro forma basis (including the application of proceeds therefrom but excluding any increase in cash and cash equivalents and treating any New Revolving Commitments established pursuant to this clause (c) as fully drawn and all Permitted Alternative Incremental Facilities Debt incurred pursuant to this clause (c) as secured by Liens whether or not actually secured (but without giving effect to any substantially simultaneous incurrence of any New Term Loans, New Revolving Commitments or Permitted Alternative Incremental Facilities made pursuant to the foregoing clauses (a) and (b))), the Consolidated Secured Debt Ratio would not exceed 3.00 to 1.00 (it being understood that the Borrowers shall be deemed to have used amounts under clause (c) (to the extent compliant herewith) prior to utilization of amounts under clause (a) or (b)).

  • Commitment Increase Date has the meaning assigned to such term in Section 2.08(e).

  • Term Loan Commitment Amount means, with respect to each Lender, the sum of such Lender’s Term Loan Tranche 1 Commitment Amount and Term Loan Tranche 2 Commitment Amount.

  • Incremental Term Loan Borrowing Date means, with respect to each Class of Incremental Term Loans, each date on which Incremental Term Loans of such Class are incurred pursuant to Section 2.01(b) and as otherwise specified in any amendment providing for Incremental Term Loans in accordance with Section 2.22.

  • Incremental Term Loan Facility has the meaning set forth in Section 2.16(a).

  • Submitted Amount has the meaning set forth in Section 2.05(a)(v)(C)(1).