Common use of Foreign Exchange Sublimit Clause in Contracts

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers may enter in foreign exchange forward contracts with the Bank under which Borrowers commit to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of $100,000.00 (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 2 contracts

Samples: Loan and Security Agreement by And (Kanbay International Inc), Loan and Security Agreement by And (Kanbay International Inc)

AutoNDA by SimpleDocs

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing BaseBase for the making of an Advance in the amount of the applicable FX Reserve relating to the proposed FX Forward Contract, then Borrowers Borrower may enter in into foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of $100,000.00 set forth in Schedule 2 (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 2 contracts

Samples: Loan and Security Agreement (Volcano CORP), Loan and Security Agreement (Volcano CORP)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will shall subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit, which sublimit which is a maximum of $100,000.00 5,000,000.00 (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occursoccurs and is continuing.

Appears in 2 contracts

Samples: Fifth Loan Modification Agreement (Phase Forward Inc), Loan Modification Agreement (Phase Forward Inc)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and for the Borrowing Basemaking of Revolving Advances, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of $100,000.00 1,500,000 (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan Agreement (I Flow Corp /De/)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of $100,000.00 1,000,000 (the "FX ReserveSublimit"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX ReserveSublimit. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Invision Technologies Inc)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing BaseLine, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will shall subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of $100,000.00 2,000,000.00 (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Ibasis Inc)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will shall subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of Two Million Dollars ($100,000.00 2,000,000.00) (the "FX Reserve")]. The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Open Solutions Inc)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in into foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will shall subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit, which sublimit which is a maximum of Two Million Dollars ($100,000.00 2,000,000.00) (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Applix Inc /Ma/)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of $100,000.00 equal to Committed Revolving Line (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Egain Communications Corp)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will shall subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit, which sublimit which is a maximum of $100,000.00 Five Hundred Thousand Dollars (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Second Loan Modification Agreement (Bottomline Technologies Inc /De/)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of $100,000.00 the Committed Revolving Line (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occursoccurs and is continuing.

Appears in 1 contract

Samples: Loan and Security Agreement (Saba Software Inc)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of $100,000.00 4,200,000 (the "FX “FY, Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occursoccurs and is continuing.

Appears in 1 contract

Samples: Loan Modification Agreement (Synaptics Inc)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will shall subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of $100,000.00 2,500,000.00 (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Applix Inc /Ma/)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will shall subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit, which sublimit which is a maximum of One Million Dollars ($100,000.00 1,000,000.0) (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Color Kinetics Inc)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing BaseLine, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of Fifteen Million Dollars ($100,000.00 15,000,000) (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Roxio Inc)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of $100,000.00 750,000 (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Health Grades Inc)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of $100,000.00 4,200,000 (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occursoccurs and is continuing.

Appears in 1 contract

Samples: Loan and Security Agreement (Synaptics Inc)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of $100,000.00 (the 5,000,000(the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Insilicon Corp)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will shall subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit, which sublimit which is a maximum of Three Million Five Hundred Thousand Dollars ($100,000.00 3,500,000.00) (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Stereotaxis, Inc.)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of $100,000.00 3,000,000 (the "FX ReserveSublimit"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX ReserveSublimit. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Invision Technologies Inc)

Foreign Exchange Sublimit. If there is availability under Subject to the Committed A/R Revolving Line and the Borrowing Baselimits set forth below in this Section 2.1.4, then Borrowers Borrower may enter in into foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will subtract ”) (the amount equal to 10% of each the aggregate outstanding FX Forward Contract from Contracts is hereinafter referred to as the foreign exchange sublimit which is a maximum of $100,000.00 (the "FX Reserve"). The FX Reserve may not exceed the Availability. The total FX Forward Contracts at any one time may not exceed 10 times the amount of calculated as 10 multiplied by the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occursoccurs and continues.

Appears in 1 contract

Samples: Loan and Security Agreement (Quicklogic Corporation)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing BaseLine, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will shall subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of $100,000.00 5,000,000 (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan Modification Agreement (LTX Corp)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing BaseAvailability, then Borrowers Borrower may enter in into foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of $100,000.00 4,000,000 (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Novacept Inc)

AutoNDA by SimpleDocs

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing BaseLine, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of Ten Million Dollars ($100,000.00 10,000,000) (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Callidus Software Inc)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in into foreign exchange forward contracts and options with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will shall subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of $100,000.00 15,000,000.00 (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Art Technology Group Inc)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing BaseBase (if applicable), then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit sublimit, which is a maximum of $100,000.00 10,000,000 (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Advanced Energy Industries Inc)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will shall subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit, which sublimit which is a maximum of $100,000.00 6,500,000.00 (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Ibasis Inc)

Foreign Exchange Sublimit. If there is availability ------------------------- under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of $100,000.00 500,000 (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan Modification Agreement (Matrixone Inc)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which together with all Sublimit Outstandings is a maximum of Five Hundred Thousand Dollars ($100,000.00 500,000) (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Optium Corp)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing BaseLine, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will shall subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of $100,000.00 30,000,000.00 (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Third Loan Modification Agreement (LTX Corp)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will shall subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of $100,000.00 5,000,000.00 (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Onesource Information Services Inc)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of $100,000.00 (the 10,000,000(the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Spectrian Corp /Ca/)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will shall subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit, which sublimit which is a maximum of $100,000.00 Five Hundred Thousand Dollars (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.” and insert in lieu thereof the following:

Appears in 1 contract

Samples: Fourth Loan Modification Agreement (Bottomline Technologies Inc /De/)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will shall subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of Five Million Dollars ( $100,000.00 5,000,000.00) (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan Agreement (Moldflow Corp)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will subtract 10% of establish a reserve amount for each outstanding FX Forward Contract from in an amount equal to ten percent (10%) of the foreign exchange sublimit which is notional amount of such FX Forward Contract up to a maximum of One Million Dollars ($100,000.00 1,000,000) (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occursoccurs and is continuing.

Appears in 1 contract

Samples: Loan and Security Agreement (Concurrent Computer Corp/De)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing BaseRevolver Line, then Borrowers Borrower may enter in into foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "individually a “FX Forward Contract"” and collectively the “FX Forward Contracts”). Bank will subtract 10% of each outstanding FX Forward Contract from availability under the foreign exchange sublimit which is a maximum of $100,000.00 Committed Revolver Line (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Netlogic Microsystems Inc)

Foreign Exchange Sublimit. If there is availability under the Exim Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will shall subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of $100,000.00 2,500,000.00 (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Applix Inc /Ma/)

Foreign Exchange Sublimit. If there is availability under the Committed A/R Revolving Line and the Borrowing Base, then Borrowers Borrower may enter in foreign exchange forward contracts with the Bank under which Borrowers commit Borrower commits to purchase from or sell to Bank a set amount of foreign currency more than one business day after the contract date (the "FX Forward Contract"). Bank will subtract 10% of each outstanding FX Forward Contract from the foreign exchange sublimit which is a maximum of $100,000.00 1,500,000 (the "FX Reserve"). The total FX Forward Contracts at any one time may not exceed 10 times the amount of the FX Reserve. Bank may terminate the FX Forward Contracts if an Event of Default occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Vitria Technology Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.