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Liquidity
Liquidity contract clause examples
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Liquidity. Upon giving effect to the initial funding of Loans and issuance of Letters of Credit and the payment by Borrower of all fees and expenses incurred in connection herewith, Liquidity shall be not less than $7.5 million.

Liquidity. Permit the Liquidity at any time to be less than $200,000,000.

Liquidity Test. The Borrower will not permit # the sum of # the aggregate Value of the Portfolio Investments that are Cash (excluding Cash Collateral for outstanding Letters of Credit) or that can be converted to Cash in fewer than 10 Business Days without more than a 5% change in price, plus # the aggregate amount of Relevant Available Funds that can be converted to Cash in fewer than 10 Business Days, to be less than # 10% of the Covered Debt Amount, for more than 30 consecutive Business Days during any period when the Adjusted Covered Debt Balance is greater than 90% of the Adjusted Borrowing Base.

Liquidity Windows. Prior to the consummation of a Public Offering, the Company shall provide a repurchase window at such times as the Committee may designate during which the Company will offer to repurchase all, or a portion of, vested shares of Company Stock distributed to Grantees under this Plan (each window a “Liquidity Window”), with the terms of such Liquidity Window, including the length of such Liquidity Window and the amount of Company Stock that may be purchased to be determined by the Committee in its sole discretion. The Company shall provide Grantees advance written notice of each Liquidity Window and all shares of Company Stock repurchased in the Liquidity Window shall be repurchased at Fair Market Value.

Available Liquidity. At all times, the Borrower shall not permit its Available Liquidity to be less than 7.5% of the Facility Amount.

Minimum Liquidity. Permit Liquidity at March 31, 2021 and June 30, 2021 to be less than $40,000,000.

Minimum Liquidity. As of the last day of any month ending during the period commencing May 1, 2020 and ending December 31, 2020, permit Liquidity to be less than the Minimum Scheduled Cash.

Liquidity Test. The Borrower will not permit # the sum of # the aggregate Value of the Portfolio Investments that are Cash (excluding Cash Collateral for outstanding Letters of Credit) or that can be converted to Cash in fewer than 10 Business Days without more than a 5% change in price, plus # the aggregate amount of Relevant Available Funds that can be converted to Cash in fewer than 10 Business Days, to be less than # 10% of the Covered Debt Amount, for more than 30 consecutive Business Days during any period when the Adjusted Covered Debt Balance is greater than 90% of the Adjusted Borrowing Base.

Liquidity Reserve. The Servicer, in its discretion, may establish a liquidity reserve (the “Liquidity Reserve”) from which to fund Servicing Advances (including litigation costs and expenses (including attorneys’ fees)), P&I Advances and Interest Shortfall with respect to the Mortgage Loans. If the Servicer elects to establish a Liquidity Reserve it shall establish a Liquidity Reserve Account at a Qualified Depository. The Liquidity Reserve Account shall be held in trust for the benefit of the Owner and shall be established and maintained for the sole purpose of holding and distributing the Liquidity Reserve funds. The Servicer may fund the Liquidity Reserve with such portion of distributions on the Mortgage Loans (but such portion shall nonetheless be deemed to have been distributed to Owner) as it deems appropriate, in the exercise of its reasonable discretion, or otherwise request Owner to fund such Liquidity Reserve, in which case Owner shall fund such Liquidity Reserve as so requested. At the termination of this Agreement, all remaining funds held in the Liquidity Reserve shall be distributed to the Owner. Amounts on deposit in the Liquidity Reserve Account shall be invested in Eligible Investments, shall not be used to pay costs or expenses other than Servicing Advances (including litigation costs and expenses (including attorneys’ fees)), P&I Advances and Interest Shortfall, and shall be used to pay such amounts only in any month in which the distributions on the Mortgage Loans received during that month are insufficient to provide sufficient cash to pay all such amounts due and payable during that month. No funds from any other source (other than interest or earnings on the funds held in the Liquidity Reserve Account) shall be commingled in the Liquidity Reserve Account. Amounts on deposit in the Liquidity Reserve Account (including interest and earnings thereon) shall be used and may be withdrawn and disbursed only in accordance with the provisions of this paragraph. The Servicer shall be authorized and directed to withdraw funds from the Liquidity Reserve Account only to make disbursements in accordance with this Agreement and not for any other purpose. Notwithstanding anything in this [Section 4.17(a)] to the contrary, it is expressly understood that the Servicer’s failure to establish or require the Owner to establish or fund a Liquidity Reserve shall not preclude the Servicer from seeking reimbursement from the Owner for Servicing Advances (including litigation costs and expenses (including attorneys’ fees)), P&I Advances and Interest Shortfall, all of which remain the obligations of the Owner.

Minimum Liquidity. Not permit Liquidity to be less than $55,000,000 on Tuesday and Friday of each week during the Specified Period (or if any such day is not a Business Day, then the next succeeding Business Day). As used herein, “Liquidity” means, as of any date of determination, the sum of # unrestricted cash and Cash Equivalents of the Loan Parties as of such date and # 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.

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