Issuance Cap definition

Issuance Cap means with respect to the obligation of an Issuing Bank to Issue any Letter of Credit under this Agreement, the maximum permitted aggregate outstanding amount of L/C Obligations attributable to Letters of Credit Issued by such Issuing Bank, as shall be agreed upon by each Issuing Bank, the Borrower and the Administrative Agent in writing upon any new Issuing Bank becoming an Issuing Bank. As of April 30, 2013, ABN AMRO Capital USA LLC has an Issuance Cap in an amount equal to $70,000,000. The Issuance Cap for each Issuing Bank shall be reduced, in its sole discretion, ratably by all such reducing Issuing Banks in accordance with their Issuance Caps prior to such reduction, by all or any part of the amount of the Issuance Cap of each new Issuing Bank. The Issuance Caps may be modified in accordance with the agreements referred to in and the terms of this definition without regard to Section 11.01 of this Agreement.”

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Issuance Cap with respect to the obligation of an Issuing Lender to issue any Letter of Credit pursuant to Section 3.1 or 3.2, the aggregate amount of outstanding L/C Obligations attributable to Letters of Credit issued by such Issuing Lender (in its capacity as an Issuing Lender) as set forth below or as otherwise agreed to between the Borrower’s Agent and such Lender:

Issuance Cap shall have the meaning set forth in Section 7.01(a)(ii).

Examples of Issuance Cap in a sentence

• Notwithstanding anything herein to the contrary, no Issuing Lender shall be obligated to extend any Letter of Credit if, after giving effect to the extension of such Letter of Credit, the aggregate outstanding L/C Obligations attributed to Letters of Credit issued by such Issuing Lender exceeds such Issuing Lender’s Issuance Cap.

• Notwithstanding anything herein to the contrary, no Issuing Lender shall be obligated to issue any Letter of Credit if, after giving effect to the issuance of such Letter of Credit, the aggregate outstanding L/C Obligations attributed to Letters of Credit issued by such Issuing Lender exceeds such Issuing Lender’s Issuance Cap.

• In addition, if the Stock and Warrant Issuance Cap is reached during a Deferral Period and the Company subsequently pays all deferred interest, the Stock and Warrant Issuance Cap will cease to apply at the termination of such Deferral Period, reset to zero and will not apply again unless and until the start of a new Deferral Period.

• If the Issuer sells Qualifying Warrants to pay deferred interest to satisfy its obligations pursuant to this Section 2.06, the Issuer shall use commercially reasonable efforts, subject to the Common Equity Issuance Cap, to set the terms of such Qualifying Warrants so as to raise sufficient proceeds from their issuance to pay all deferred interest on the Debentures in accordance with this Section 2.06.

• The Stock and Warrant Issuance Cap will cease to apply after the fifth anniversary of the commencement of any Deferral Period, at which point the Company must pay any deferred interest, regardless of the time at which it was deferred pursuant to Section 2.1(h), subject to the limitations in Section 2.1(g), the Preferred Stock Issuance Cap, the Maximum Share Number, the Maximum Warrant Number and any Market Disruption Event.

More Definitions of Issuance Cap

Issuance Cap means an amount equal to the sum of all Issuing Bank Sub-Limits.

Issuance Cap with respect to the obligation of an Issuing Lender to issue or consider issuing any Letter of Credit pursuant to Section 3.1 or 3.2, the aggregate amount of outstanding L/C Obligations attributable to Letters of Credits issued by such Issuing Lender (in its capacity as an Issuing Lender) as set forth on Schedule 1.1(G); provided, that Schedule 1.1(G) may be modified from time to time to add any new Issuing Lender and its Issuance Cap thereto, to remove any Issuing Lender and its Issuance Cap therefrom, or to increase or decrease the Issuance Cap of any Issuing Lender, in each case with the prior consent of the Borrowers, the Administrative Agent and any such Issuing Lender being so added or removed or the Issuance Cap of which is being so changed; provided, further, that the aggregate amount of outstanding L/C Obligations shall be subject to Sections 3.3 and 6.2(e). “ISP 98”: as defined in Section 3.4(g). “Issuing Lenders”: collectively, the Acquisition Facility Issuing Lenders, the Dollar Working Capital Facility Committed Tranche Issuing Lenders, the Dollar Working Capital Facility Uncommitted Tranche Issuing Lenders and the Multicurrency Working Capital Facility Issuing Lenders; provided that there shall be no more than seven Issuing Lenders at any time unless otherwise agreed by the Administrative Agent and notified to Lenders (it being understood that any financial institution may be an Acquisition Facility Issuing Lender, a Dollar Working Capital Facility Issuing Lender and a Multicurrency Working Capital Facility Issuing Lender (or any combination thereof) and shall for purposes of this proviso be considered one Issuing Lender). “Junior Indebtedness”: as defined in Section 8.9. “Kildair”: as defined in the introductory paragraph of this Agreement. “Kildair Borrowing Base”: on any date, solely with respect to the assets of the Kildair Loan Parties, an amount equal to: (i) 100% of Eligible Cash and Cash Equivalents; plus (ii) 90% of Eligible Tier 1 Accounts Receivable; plus (iii) 85% of Eligible Unbilled Tier 1 Accounts Receivable; plus (iv) 85% of Eligible Tier 2 Accounts Receivable; plus (v) 80% of Eligible Unbilled Tier 2 Accounts Receivable; plus USActive 56005294.156005294.9 -71-

Issuance Cap with respect to an Issuing Lender's willingness to consider issuance of any Letter of Credit pursuant to Section 3.1, the aggregate amount of outstanding L/C Obligations attributable to Letters of Credit issued by such Issuing Lender as set forth below: Issuing Lender Issuance Cap1

Issuance Cap has the meaning set forth in Section 7.1(l) of the Series B1 ------------ Certificate of Designation.

Issuance Cap means, with respect to the obligation of an Issuing Bank to issue any Letter of Credit under this Agreement, the maximum permitted aggregate outstanding amount of Letter of Credit Liabilities attributable to Letters of Credit issued by such Issuing Bank, as shall be agreed upon by each Issuing Bank, the Company and the Agent in writing upon any new Issuing Bank becoming an Issuing Bank, as such agreement may be amended, modified or supplemented from time to time by the parties thereto. As of the Closing Date, Rabobank has an Issuance Cap in an amount equal to $75,000,000. The Issuance Cap for Rabobank shall be reduced, in its sole discretion, by all or any part of the amount of the Issuance Cap of each new Issuing Bank, on the date such new Issuing Bank shall become an Issuing Bank.

Issuance Cap means with respect to the obligation of an Issuing Bank to Issue any Letter of Credit under this Agreement, the maximum permitted aggregate outstanding amount of L/C Obligations attributable to Letters of Credit Issued by such Issuing Bank, as shall be agreed upon by each Issuing Bank, the Borrower and the Administrative Agent in writing upon any new Issuing Bank becoming an Issuing Bank. As of September 21, 2011, BNP Paribas and ABN AMRO Capital USA LLC each has an Issuance Cap in an amount equal to $70,000,000. The Issuance Cap for each Issuing Bank shall be reduced, in its sole discretion, ratably by all such reducing Issuing Banks in accordance with their Issuance Caps prior to such reduction, by all or any part of the amount of the Issuance Cap of each new Issuing Bank. The Issuance Caps may be modified in accordance with the agreements referred to in and the terms of this definition without regard to Section 11.01 of this Agreement.”

Issuance Cap means (x) the number of shares of Common Stock which the Company may issue in connection with the Notes without breaching the Company’s obligations under the rules or regulations of the applicable Eligible Market, including, without limitation, NASD Rule 4350(i)(1)(D) and NASD Rule 4350(i)(B), if applicable, minus (y) the sum of (i) the number of shares of Common Stock previously issued in connection with any Notes that should be included under the rules or regulations of the Principal Market in the calculation of the Issuance Cap and (ii) the number of shares of Common Stock issuable upon conversion of any Notes then outstanding at the respective Conversion Price set forth in such Notes that should be included under the rules or regulations of the Principal Market in the calculation of the Issuance Cap.”