Trading Assets definition
Examples of Trading Assets in a sentence
Borrower shall not permit the ratio of (a) Trading Assets to (b) Total Funded Indebtedness plus outstanding Commercial Letters of Credit, as of the last date of each Fiscal Quarter of Borrower beginning June 30, 2006, to be less than 1.00 to 1.00.
Other than pursuant to any Asset Sale or series of Asset Sales resulting in a prepayment of the Obligation in accordance with Section 2.9(d) of this Agreement (but subject to any limitation under Section 7.1) or any Asset Sale or series of Asset Sales consisting of Trading Assets, Borrower shall continue, and shall cause each Subsidiary Guarantor to continue, in the business presently operated by it using its commercially reasonable efforts to maintain its customers and goodwill.
Seller makes no representations or warranties to Buyer regarding the probable success or profitability of the business of the Midstream Companies or of the Trading Assets.
All property or ad valorem taxes imposed on or with respect to the Trading Assets for the year in which the Closing occurs shall be prorated between Seller and Buyer based on the number of days in such year before and after the Closing Date.
Sellers shall bear all personal property and ad valorem tax liability with respect to the Bridge Trading Assets if the Lien or assessment arises with respect to periods prior to the Bridge Trading Option Closing Date irrespective of the reporting and payment dates of such taxes.
Buyer acknowledges and agrees that, following the Closing, the Midstream Insurance Policies may be terminated or modified to exclude coverage of all or any portion of the Midstream Companies or the Trading Assets by Seller in its sole discretion, and, as a result, Buyer shall be obligated at or before Closing to obtain at its sole cost and expense replacement or substitute insurance coverage with similar policies and amounts of coverage.
The foregoing liabilities and obligations (i) of the Midstream Companies and (ii) relating to the ownership or operation of the Trading Assets are herein collectively referred to as the "Assumed Liabilities".
The Permits listed or described on Schedule 4.22 hereto (the "Trading Company Permits") are all the Permits necessary or required for the conduct of the business of owning and operating the Trading Assets and entering into transactions similar to the Financial Book Transactions, except for Permits the absence of which would not have a Material Adverse Effect.
Except for Permitted Liens, (i) cause or permit or (ii) agree or consent to cause or permit in the future (upon the happening of a contingency or otherwise), Collateral or any Trading Assets to be subject to a third party interest or Lien.
In no event will JVOI or its designee acquire the Excluded Trading Assets or assume the Excluded Trading Liabilities.