Examples of Net Borrowing Base in a sentence
Within twenty-one (21) days after each Fiscal Month End Date, a Borrowing Base Certificate, in form and substance satisfactory to the Agent reporting that all Revolving Credit Loans and Letter of Credit Obligations as of such Fiscal Month End Date are in compliance with the Net Borrowing Base as of such Fiscal Month End Date and such Borrowing Base Certificate shall be accompanied by a summary accounts receivable aging.
To the extent there has been any material change in Collateral included in the determination of the Net Borrowing Base or in the Obligors, such additional opinions in connection therewith as the Agent shall determine are necessary to confirm the Acceptable Security Interest of the Agent in such Collateral and the enforceability of each Obligor's Obligations.
The Agent shall be named as loss payee on all casualty insurance, marine insurance, and political risk insurance maintained by the Company and its Subsidiaries on assets included in the determination of the Net Borrowing Base.
If on any date, Borrowing Base Exposure shall exceed the Net Borrowing Base, the Company shall cause one or more Borrowers on such date to prepay Loans in an aggregate amount equal to the lesser of (i) such excess or (ii) the Loans then outstanding, together with any amount required to be paid in connection therewith pursuant to Section 5.12.
Upon receipt of such request, the Issuing Bank will request the Agent to determine that after giving effect to the issuance of the Letter of Credit so requested, the Aggregate Exposure will not exceed the Total Commitment, and Borrowing Base Exposure will not exceed the Net Borrowing Base, and the Agent will promptly notify the Issuing Bank of such determination.
The Agent shall confirm or verify the Borrower's calculation of the Net Borrowing Base set forth in each Borrowing Base Certificate delivered pursuant to Section 4.2, and shall promptly notify each of the Company and the Banks of the results thereof and provide to each Bank a copy of the related Borrowing Base Certificate.
Upon delivery of an Election to Participate and satisfaction of the conditions precedent set forth in Section 7.3, (i) the Net Borrowing Base shall be recalculated so as to include therein all values with respect to property and Local Debt of such Participating Subsidiary, and (ii) each Bank's Commitment hereunder shall thereafter include a commitment to lend to such Subsidiary or to issue Letters of Credit for the account of such Participating Subsidiary.
The Asset Sales, or any of them when effected at any such time shall be a Permitted Disposition for purposes of the Credit Agreement notwithstanding (i) the aggregate amount of P&NG Rights and Tangibles so disposed of (A) in any single Asset Sale may exceed 7.5% of the Net Borrowing Base, or (B) in the aggregate for all transactions may exceed 10% of the Net Borrowing Base, or (ii) may result in aggregate Tangibles disposed of in any 12 month period to exceed $10,000,000.
Any redetermination by the Lenders of the Borrowing Base or the Net Borrowing Base under this Section 3.3 shall be final, binding and conclusive.
Prior to November 15, 2009 with an effective date not earlier than September 30, 2009, the Borrower shall furnish to the Agent (for distribution to the Lenders) internally generated engineering information or, if requested by the Majority Lenders pursuant to Section 3.1(f), an Engineering Report and all Lenders shall, by December 31, 2009, make a redetermination of the Borrowing Base and Net Borrowing Base in their sole discretion.