Example ContractsClausesLiquidity
Liquidity
Liquidity contract clause examples

Liquidity”: at any time, the sum of (i) the aggregate amount of unrestricted cash and Cash Equivalents (including short term marketable securities) held by the Borrowers and the Guarantors in Deposit Accounts or Securities Accounts maintained with SVB or SVB’s Affiliates or another Lender or an Affiliate thereof, or with National Bank of South Carolina (“NBSC”, provided that the aggregate amounts held in deposit accounts with NBSC shall not exceed $6,500,000 at any time), and in each case subject to a first priority lien in favor of the Administrative Agent, including, without limitation, pursuant to a Deposit Account Control Agreement with respect to each such Deposit Account or Securities Account Control Agreement with respect to each such Securities Account, plus (ii) the Available Revolving Commitment at such time; provided that, in connection with any calculation of Liquidity required hereunder, at least $25,000,000 must consist of unrestricted cash and Cash Equivalents (including short term marketable securities) satisfying the requirements of clause (i) above.

Liquidity” shall mean, on any date, an amount equal to the sum of (a) the aggregate Available Unused Commitments that would be permitted to be drawn on such date in compliance with the Financial Performance Covenants, calculated on a Pro Forma Basis for such maximum permitted Borrowing, plus (b) all cash and Permitted Investments of the Borrower on such date.

Liquidity” means the available and unencumbered (other than by Liens in favor of the Collateral Agent under the Credit Documents and Liens (including the right of set-off) in favor of a bank or other depository institution arising as a matter of law encumbering deposits) cash of the Credit Parties, plus the aggregate amount actually available to be drawn by the Borrower under the Aggregate Revolving Commitments.

Liquidity” means, as of any date of determination, the sum of (i) cash and Cash Equivalents, maintained by the Loan Parties subject to a first priority security interest in favor of Bank and (ii) the Availability Amount.

Liquidity” means, as of any date of determination, the sum of (a) availability under the Aggregate Revolving Commitments as of such date plus (b) the aggregate amount of Unrestricted Cash of the Company and its Subsidiaries as of such date.

Liquidity” shall mean, as of any date of determination for Parent and its Subsidiaries on a consolidated basis equal to (a) the aggregate average Revolving Commitments for the sixty (60) day period ending on such date minus (b) the average Total Utilization of Revolving Commitments for the sixty (60) day period ending on such date., an amount equal to the sum of (i) the immediately available and Unrestricted Cash-on-Hand of the Loan Parties on deposit in a Controlled Account and (ii) “Availability” under the Revolving Loan Credit Agreement as determined by the Agent with reference to the most recent borrowing base

"Liquidity" means, at any time, the sum of (a) Undrawn Availability plus (b) Qualified Cash, in each case, at such time.

Liquidity” means the balance of unencumbered (other than by Liens described in Sections 9.02(a), 9.02(c) (provided that there is no default under the documentation governing the Permitted Priority Debt) and 9.02(j)) cash and Permitted Cash Equivalent Investments (which for greater certainty shall not include any undrawn credit lines), in each case, to the extent held in an account over which the Secured Parties have a perfected security interest.

Liquidity. Unencumbered Liquid Assets with an aggregate fair market value not at any time less than Ten Million and No/100 Dollars ($10,000,000.00). As used herein, “Unencumbered Liquid Assets” shall mean cash, cash equivalents and/or publicly traded marketable securities acceptable to Bank in its sole discretion, free of any lien or other encumbrance. Retirement account assets held in a fiduciary capacity by Borrower shall not qualify as Unencumbered Liquid Assets.

Liquidity” shall mean, as of any date of determination, the sum of (A) unrestricted cash and Cash Equivalents of the Loan Parties as of such date and (B) the aggregate amount of “Availability” under the ABL Credit Agreement (as such term is defined in the ABL Credit Agreement as in effect as of the date hereof and without giving effect to proviso in such definition) so long the conditions for utilizing have been satisfied other than with respect to the delivery of a borrowing request or similar funding notice, which the Borrower is permitted to deliver. Liquidity shall not include cash and Cash Equivalents held in the UST Tranche A Controlled Account or the UST Tranche B Controlled Account.

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