Establishment of Reserves. With respect to any liability which is contingent or uncertain in amount or which otherwise is not currently due and payable, the Trustee in its sole discretion may, but is not obligated to, establish a cash reserve for the payment of such liability.
Establishment of Reserves. Subject to the requirements of Section 852(a) of the Code, to the extent that the Investment Manager, in its discretion, determines that any amount should be retained by the Fund, reasonable reserves may be established to (i) pay, or provide for the payment of, any existing or anticipated liability or obligation of the Fund, whether liquidated, fixed, contingent or otherwise (including Management Fees and Pre-Exchange Listing Administration Fees, which shall be borne by the Members consistent with the manner provided under Sections 5.1(c)(ii) through (v), as applicable) or (ii) provide working capital consistent with good fiscal operating policy and management and for such other needs as the Investment Manager shall reasonably deem appropriate.
Establishment of Reserves. Secured Party may at any time and from time to time in its sole discretion establish reserves against the Receivables or the Inventory of Debtor. The amount of such reserves shall be subtracted from the Receivables Borrowing Base or Inventory Borrowing Base, as applicable, when calculating the amount of the Borrowing Capacity.
Establishment of Reserves. The Members shall have the right and obligation to establish reasonable reserves for maintenance, improvements, acquisitions, capital expenditures, and other contingencies, such reserves to be funded with such portion of the operating revenues of the Company as the Members may deem necessary or appropriate for that purpose.
Establishment of Reserves. Notwithstanding anything to the contrary in SECTION 9.1 hereof, the board of managers may retain an amount of cash it deems reasonably necessary to satisfy the obligations of the Company on an annual net operating basis including, without limitation, debt payments, legal fees and expenses, audit costs and unforeseen contingencies. Other Company funds that the board of managers determines are not needed for Company reserves or operations shall be distributed to the Members from time to time in the board of managers' sole and absolute discretion in accordance with SECTION 9.1 hereof.
Establishment of Reserves. Secured Party may, at any time and from time to time, in its reasonable judgment, establish reserves against the Receivables or the Inventory of Debtor. The amount of such reserves shall be subtracted from the Receivables Borrowing Base or Inventory Borrowing Base, as applicable, when calculating the amount of the Borrowing Capacity. Subject to the provisions contained in Section 8.9 herein, if Secured Party shall establish such reserve, then Debtor shall have the right to prepay in full the total outstanding balance owing to Secured Party under this Agreement without penalty, notwithstanding the provisions contained in Section 14.13(b) herein; provided, however, there shall not have occurred an Event of Default.
Establishment of Reserves. Lender shall have the right, from time to time, in the good faith exercise of its reasonable credit judgment (consistent with the asset-based nature of this credit), to establish Reserves in such amounts and with respect to such matters as Lender deems necessary or appropriate, and to increase or decrease such Reserves. In exercising such reasonable credit judgment, Lender may take into account factors which (a) will or could reasonably be expected to adversely affect the value of any Collateral, the enforceability or priority of the Liens of Lender or the amount that Lender would be likely to receive in the liquidation of such Collateral, or (b) may demonstrate that any collateral report or financial information concerning Borrower is incomplete, inaccurate or misleading in any material respect. In exercising such reasonable credit judgment, Reserves may be established against anticipated obligations, contingencies or conditions affecting Borrower, including (i) tax liabilities and other obligations owing to Governmental Authorities, (ii) asserted litigation liabilities, (iii) anticipated remediation for compliance with Environmental Laws, and (iv) obligations owing to any lessor of real property, any warehouseman or any mortgagor on third-party mortgaged sites. Reserves may also be established with respect to the dilution of Accounts and as a result of inventory appraisals.
Establishment of Reserves. Notwithstanding the foregoing provisions of SECTION 3.3, DFS shall have the right to establish reserves in such amounts, and with respect to such matters, as DFS shall deem necessary or appropriate, against the amount of Working Capital Loans which Borrower may otherwise request under SECTION 3.3, including, without limitation, with respect to (a) price adjustments, damages, unearned discounts, returned products or other matters for which credit memoranda are issued in the ordinary course of Borrower's business; (b) shrinkage, spoilage and obsolescence of Inventory; (c) slow moving Inventory; (d) other sums chargeable against Borrower as Working Capital Loans under any section of this Agreement; (e) a material increase in Dealer's dilution percentage, as determined by DFS; and (f) such other matters, events, conditions or contingencies as to which DFS, in its sole reasonable credit judgment determines reserves should be established from time to time hereunder. DFS will notify Borrower in writing before establishing any reserve described herein; PROVIDED, HOWEVER, that DFS shall have no obligation to provide such prior notice to Borrower upon the occurrence and during the continuance of a Default.
Establishment of Reserves. The General Partner may establish and maintain reasonable reserves for working capital, as well as for debt repayment, and for other payments required in connection with the operation of the Partnership’s business, and to provide for contingencies, and for such other purposes as it may determine.
Establishment of Reserves. 8 Section 3.09. Limited Power to Borrow................................ 8 Section 3.10. Income and Principal................................... 8 Section 3.11.
