Common use of Excluded Foreign Subsidiaries Clause in Contracts

Excluded Foreign Subsidiaries. (a) Borrower shall not permit, at any time, the total amount of cash and cash equivalents held by all Excluded Foreign Subsidiaries to exceed $250,000 (or the equivalent thereof in any foreign currency), in the aggregate when combined with all amounts held in Excluded Accounts pursuant to Section 5.14(b)(iii); provided, however, that nothing in this Section 5.17(a) shall require an Excluded Foreign Subsidiary to make any Distribution that would be prohibited by applicable Law.

Appears in 2 contracts

Samples: Credit and Security Agreement (HTG Molecular Diagnostics, Inc), Credit and Security Agreement (HTG Molecular Diagnostics, Inc)

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Excluded Foreign Subsidiaries. (a) Borrower shall not permit, at any time, the total amount of cash and cash equivalents held by all (x) each Excluded Foreign Subsidiaries Subsidiary (individually) to exceed $250,000 (or the equivalent thereof in any foreign currency), ) or (y) the Excluded Foreign Subsidiaries (taken collectively) to exceed $1,000,000 (or the equivalent thereof in any foreign currency) in the aggregate when combined with all amounts held in Excluded Accounts pursuant to Section 5.14(b)(iii)aggregate; provided, however, that nothing in this Section 5.17(a5.12(a) shall require an Excluded Foreign Subsidiary to make any Distribution that would be prohibited by applicable Law.

Appears in 1 contract

Samples: Credit and Security Agreement (TherapeuticsMD, Inc.)

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