Common use of Foreign Exchange Contract; Foreign Exchange Settlements Clause in Contracts

Foreign Exchange Contract; Foreign Exchange Settlements. Borrower may enter foreign exchange contracts (the "Exchange Contract") not exceeding an aggregate amount of $3,000,000 (the "Contract Limit"), under which Bank will sell to or purchase from Borrower foreign currency on a spot or future basis. Borrower may not request any Exchange Contracts if it is out of compliance with any provision of this Agreement. Exchange Contracts must provide for delivery of settlement on or before Revolving Maturity Date. The amount available under the Committed Revolving Line is reduced by the following (the "Foreign Exchange Reserve") on any given day (the "Determination Date"): (i) on all outstanding Exchange Contracts on which delivery is to be effected or settlement allowed more than two business days after the Determination Date, 10% of the gross amount of the Exchange Contracts; plus (ii) on all outstanding Exchange Contracts on which delivery is to be effected or settlement allowed within two business days after the Determination Date, 100% of the gross amount of the Exchange Contracts. Bank may terminate the Exchange Contracts if (a) an Event of Default occurs or (b) there is not sufficient availability under the Committed Revolving Line and Borrower does not have available funds in its deposit account for the Foreign Exchange Reserve. If Bank terminates the Exchange Contracts, Borrower will reimburse Bank for all fees, costs and expenses in connection with the Exchange Contracts. Borrower may not permit the total of all Exchange Contracts on which delivery is to be effected and settlement allowed in any two business day period to be more than $3,000,000 (the "Settlement Limit") nor may Borrower permit the total of all Exchange Contracts outstanding at any one time, to exceed the Contract Limit. However, the amount which may be settled in any 2 business day period may be increased above the Settlement Limit if:

Appears in 1 contract

Samples: Loan Modification Agreement (Pixelworks Inc)

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Foreign Exchange Contract; Foreign Exchange Settlements. Borrower may enter foreign exchange contracts (the "Exchange ContractContracts") not exceeding an aggregate amount of $3,000,000 4,000,000 (the "Contract Limit"), under which Bank will sell to or purchase from Borrower foreign currency on a spot or future basis. Borrower may not request any Exchange Contracts if it is out of compliance with any provision of this Agreement. Exchange Contracts must provide for delivery of settlement on or before the Revolving Maturity Date. The amount available under the Committed Revolving Line is reduced by the following (the "Foreign Exchange Reserve") on any given day (the "Determination Date"): (i) on all outstanding Exchange Contracts on which delivery is to be effected or settlement allowed more than two business days after the Determination Date, 10% of the gross amount of the Exchange Contracts; plus (ii) on all outstanding Exchange Contracts on which delivery is to be effected or settlement allowed within two business days after the Determination Date, 100% of the gross amount of the Exchange Contracts. Bank may terminate the Exchange Contracts if (a) an Event of Default occurs has occurred and is continuing or (b) there is not sufficient availability under the Committed Revolving Line and Borrower does not have available funds in its deposit account for the Foreign Exchange Reserve. If Bank terminates the Exchange Contracts, Borrower will reimburse Bank for all fees, costs and expenses in connection with the Exchange Contracts. Borrower may not permit the total of all Exchange Contracts on which delivery is to be effected and settlement allowed in any two business day period to be more than $3,000,000 4,000,000 (the "Settlement Limit") nor may Borrower permit the total of all Exchange Contracts outstanding at any one time, to exceed the Contract Limit. However, the amount which may be settled in any 2 business day period may be increased above the Settlement Limit up to, but not above the Contract Limit if:

Appears in 1 contract

Samples: Loan and Security Agreement (Harmonic Lightwaves Inc)

Foreign Exchange Contract; Foreign Exchange Settlements. Subject to the terms of this Agreement, as amended from time to time, Borrower may enter utilize up to $4,500,000 for spot and future foreign exchange contracts (the "Exchange Contract") not exceeding an aggregate amount of $3,000,000 (the "Contract LimitContracts"), under which Bank will sell to or purchase from Borrower foreign currency on a spot or future basis. Borrower may shall not request an Exchange Contract at any Exchange Contracts if time it is out of not in compliance with any provision of the terms of this Agreement. All Exchange Contracts must provide for delivery of settlement on or before Revolving the Maturity Date. The amount limit available under the Committed Revolving Line is at any time shall be reduced by the following amounts (the "Foreign Exchange Reserve") on any given each day (the "Determination Date"): (i) on all outstanding Exchange Contracts on which delivery is to be effected or settlement allowed more than two business days after from the Determination Date, 10% of the gross amount of the Exchange Contracts; plus (ii) on all outstanding Exchange Contracts on which delivery is to be effected or settlement allowed within two business days after the Determination Date, 100% of the gross amount of the Exchange Contracts. In lieu of the Foreign Exchange Reserve for 100% of the gross amount of any Exchange Contract, the Borrower may request that Bank may debit Borrower's bank account with Bank for such amount, provided Borrower has immediately available funds in such amounts in its bank account. Bank may, in its discretion, terminate the Exchange Contracts if at any time (a) that an Event of Default occurs or (b) that there is not sufficient availability under the Exim Committed Revolving Line and Borrower does not have available funds in its deposit bank account for to satisfy the Foreign Exchange Reserve. If Bank terminates the Exchange Contracts, and without limitation of the FX Indemnity Provisions (as referred to below), Borrower will agrees to reimburse Bank for any and all fees, costs and expenses relating thereto or arising in connection with the Exchange Contractstherewith. Borrower may shall not permit the total gross amount of all Exchange Contracts on which delivery is to be effected and settlement allowed in any two business day period to be more than $3,000,000 (the "Settlement Limit") nor may shall Borrower permit the total gross amount of all Exchange Contracts to which Borrower is a party, outstanding at any one time, to exceed $4,500,000. Borrower shall execute all standard form applications and agreements of Bank in connection with the Contract Limit. HoweverExchange Contracts, and without limiting any of the amount which may be settled terms of such applications and agreements, Borrower will pay all standard fees and charges of Bank in any 2 business day period may be increased above connection with the Settlement Limit if:Exchange Contracts.

Appears in 1 contract

Samples: Loan Modification Agreement (Invision Technologies Inc)

Foreign Exchange Contract; Foreign Exchange Settlements. Borrower may enter foreign exchange contracts (the "Exchange ContractContracts") not exceeding an aggregate amount of $3,000,000 3,500,000 (the "Contract Limit"), under which Bank will sell to or purchase from Borrower foreign currency on a spot or future basis. Borrower may not request any Exchange Contracts if it is out of compliance with any provision of this Agreement. Exchange Contracts must provide for delivery of settlement on or before the Revolving Maturity Date. The amount available under the Committed Revolving Line is reduced by the following (the "Foreign Exchange Reserve") on any given day (the "Determination Date"): (i) on all outstanding Exchange Contracts on which delivery is to be effected or settlement allowed more than two business days after the Determination Date, 10% of the gross amount of the Exchange Contracts; plus (ii) on all outstanding Exchange Contracts on which delivery is to be effected or settlement allowed within two business days after the Determination Date, 100% of the gross amount of the Exchange Contracts. Bank may terminate the Exchange Contracts if (a) an Event of Default occurs or (b) there is not sufficient availability under the Committed Revolving Line and Borrower does not have available funds in its deposit account for the Foreign Exchange Reserve. If Bank terminates the Exchange Contracts, Borrower will reimburse Bank for all fees, costs and expenses in connection with the Exchange Contracts. Borrower may not permit the total of all Exchange Contracts on which delivery is to be effected and settlement allowed in any two business day period to be more than $3,000,000 3,500,000 (the "Settlement Limit") nor may Borrower permit the total of all Exchange Contracts outstanding at any one time, to exceed the Contract Limit. However, the amount which may be settled in any 2 business day period may be increased above the Settlement Limit if:

Appears in 1 contract

Samples: Loan Modification Agreement (Integrated Sensor Solutions Inc)

Foreign Exchange Contract; Foreign Exchange Settlements. Borrower may enter foreign exchange contracts (the "Exchange ContractContracts") not exceeding an aggregate amount of $3,000,000 8,000,000 (the "Contract Limit"), under which Bank will sell to or purchase from Borrower foreign currency on a spot or future basis. Borrower may not request any Exchange Contracts if it is out of compliance with any provision of this Agreement. Exchange Contracts must provide for delivery of settlement on or before the Revolving Maturity Date. The amount available under the Committed Revolving Line is reduced by the following (the "Foreign Exchange Reserve") on any given day (the "Determination Date"): (i) on all outstanding Exchange Contracts on which delivery is to be effected or settlement allowed more than two business days after the Determination Date, 10% of the gross amount of the Exchange Contracts; plus (ii) on all outstanding Exchange Contracts on which delivery is to be effected or settlement allowed within two business days after the Determination Date, 100% of the gross amount of the Exchange Contracts. Bank may terminate the Exchange Contracts if (a) an Event of Default occurs or (b) there is not sufficient availability under the Committed Revolving Line and Borrower does not have available funds in its deposit account for the Foreign Exchange Reserve. If Bank terminates the Exchange Contracts, Borrower will reimburse Bank for all fees, costs and expenses in connection with the Exchange Contracts. Borrower may not permit the total of all Exchange Contracts on which delivery is to be effected and settlement allowed in any two business day period to be more than $3,000,000 8,000,000 (the "Settlement Limit") nor may Borrower permit the total of all Exchange Contracts outstanding at any one time, to exceed the Contract Limit. However, the amount which may be settled in any 2 business day period may be increased above the Settlement Limit up to, but not above the Contract Limit if:

Appears in 1 contract

Samples: Loan Agreement (MMC Networks Inc)

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Foreign Exchange Contract; Foreign Exchange Settlements. Borrower may enter foreign exchange contracts (the "Exchange ContractContracts") not exceeding an aggregate amount of $3,000,000 500,000 (the "Contract Limit"), under which Bank will sell to or purchase from Borrower foreign currency on a spot or future basis. Borrower may not request any Exchange Contracts if * Certain information in this Exhibit has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. it is out of compliance with any provision of this Agreement. Exchange Contracts must provide for delivery of settlement on or before the Revolving Maturity Date. The amount available under the Committed Revolving Line is reduced by the following (the "Foreign Exchange Reserve") on any given day (the "Determination Date"): (i) on all outstanding Exchange Contracts on which delivery is to be effected or settlement allowed more than two business days after the Determination Date, 10% of the gross amount of the Exchange Contracts; plus (ii) on all outstanding Exchange Contracts on which delivery is to be effected or settlement allowed within two business days after the Determination Date, . 100% of the gross amount of the Exchange Contracts. Bank may terminate the Exchange Contracts if (a) an Event of Default occurs or (b) there is not sufficient availability under the Committed Revolving Line and Borrower does not have available funds in its deposit account for the Foreign Exchange Reserve. If Bank terminates the Exchange Contracts, Contracts Borrower will reimburse Bank for all fees, costs and expenses in connection with the Exchange Contracts. Contracts Borrower may not permit the total of all Exchange Contracts on which delivery is to be effected and settlement allowed in any two business day period to be more than $3,000,000 500,000 (the "Settlement Limit") nor may Borrower permit the total of all Exchange Contracts outstanding at any one time, to exceed the Contract Limit. However, the amount which may be settled in any 2 business day period may be increased above the Settlement Limit up to, but not above the Contract Limit if:

Appears in 1 contract

Samples: Loan and Security Agreement (Liquid Audio Inc)

Foreign Exchange Contract; Foreign Exchange Settlements. Borrower may enter foreign exchange contracts (the "Exchange ContractContracts") not exceeding an aggregate amount of $3,000,000 500,000 (the "Contract Limit"), under which Bank will sell to or purchase from Borrower foreign currency on a spot or a future basis. Borrower may not request any Exchange Contracts if it is out of compliance with any provision of this Agreement. Exchange Contracts must provide for delivery of settlement on or before the Revolving Maturity Date. The amount available under the Committed Revolving Line is reduced by the following (the "Foreign Exchange Reserve") on any given day (the "Determination Date"): (i) on all outstanding Exchange Contracts contracts on which delivery is to be effected or settlement allowed more than two business days after the Determination Date, 10% of the gross amount of the Exchange Contracts; plus (ii) on all outstanding Exchange Contracts on which delivery is to be effected or settlement allowed within two business days after the Determination Date, 100% of the gross amount of the Exchange Contracts. Bank Banks may terminate the Exchange Contracts if (a) an Event of Default occurs or (b) there is not sufficient availability under the Committed Revolving Line and Borrower does not have available funds in its deposit account for the Foreign Exchange Reserve. If Bank terminates the Exchange Contracts, Borrower will reimburse Bank for all fees, costs and expenses in connection with the Exchange Contracts. Borrower may not permit the total of all Exchange Contracts on which delivery is to be effected and settlement allowed in any two business day period to be more than $3,000,000 500,000 (the "Settlement Limit") nor may Borrower permit the total of all Exchange Contracts outstanding at any one time, to exceed the Contract Limit. However, the amount which may be settled in any 2 business day period may be increased above the Settlement Limit if:

Appears in 1 contract

Samples: Loan Modification Agreement (Quintus Corp)

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