Maximum Cash Balance. The Cash Balance, before giving effect to such extension of credit and any other transactions related (directly or indirectly) to such extension of credit, is less than $50,000,000.
Maximum Cash Balance. As of the end of the Business Day immediately preceding the date of any such borrowing, conversion, continuation issuance or extension and after giving effect to the Borrower's receipt of the proceeds from any such Loan, as the case may be, and the application of such proceeds, the aggregate amount of cash and Cash Equivalents of the Borrower and its Subsidiaries shall not exceed $70,000,000.
Maximum Cash Balance. As of the end of the Business Day immediately preceding the date of any such borrowing, conversion, continuation, issuance or extension and after giving effect to the Borrower’s receipt of the proceeds from any such Loan, as the case may be, and the application of such proceeds, the aggregate amount of cash and Cash Equivalents of the U.S. Borrower and its Subsidiaries shall not exceed (i) with respect to the period from the Eleventh Amendment Effective Date until the Exchange Offer is completed, closed and settled on terms and conditions satisfactory to the Administrative Agent, the U.S. Administrative Agent and the Required Lenders, $50,000,000 and (ii) with respect to any other period other than the period specified in clause (i) of this Section 5.3(d), $70,000,000.
Maximum Cash Balance. The cash balance of all cash and Cash Equivalents of the Borrower and all of its U.S. Subsidiaries, taken together, shall not exceed in the aggregate $8,000,000,000 on the date of any Borrowing Notice.
Maximum Cash Balance. Section 6.2.2(a)(vi) of the Loan Agreement is amended and restated to read as follows: 6.2.2(a)(vi) Regardless of whether or not there is an Event of Default then existing, within two (2) Business Days of the end of each Business Day, the Company shall reduce the Revolving Outstandings by any available amounts of immediately available cash on deposit in the Company's and its Subsidiaries' US banks that exceeds Five Hundred Thousand Dollars ($500,000). Subject to the terms of the Loan Documents, including the Second Forbearance Agreement, the Company shall have the ability to reborrow the proceeds that are paid to the Agent pursuant to the prior sentence in amounts and for purposes that are satisfactory to the Agent in its sole and absolute discretion. 4.5
Maximum Cash Balance. Section 6.2.2(a)(vi) of the Loan Agreement is amended and restated to read as follows:
Maximum Cash Balance. Company shall not permit the aggregate amount of Cash and Cash Equivalents of Company and its Subsidiaries (the "MAXIMUM CASH BALANCE") as at the end of (i) the month ending March 31, 2004 to exceed $25,000,000 and (ii) any month, beginning with the month ending April 30, 2004 to exceed $20,000,000; provided that to the extent that the aggregate amount of Cash and Cash Equivalents of Company and its Subsidiaries exceeds the Maximum Cash Balance, Company shall apply such excess to prepay the Term Loans in accordance with Section 2.11(e).
Maximum Cash Balance. If, at any time there are Revolving Loans outstanding, the aggregate amount of cash and Cash Equivalents of the Borrower and its Subsidiaries exceeds (i) at all times prior to the Prepayment Trigger Date, $10,000,000 or (ii) at all times on and after the Prepayment Trigger Date, $15,000,000, for a period of five (5) consecutive Business Days, the Borrower shall immediately repay any Revolving Loans in the amount of such excess. If, at any time prior to the Prepayment Trigger Date during which no Revolving Loans are outstanding, the aggregate amount of cash and Cash Equivalents of the Borrower and its Subsidiaries exceeds $20,000,000 for a period of five (5) consecutive Business Days, the Borrower shall immediately repay first, the Facility Fees accrued prior to the Facility Fee Accrual Date on a pro rata basis and, second, the principal of the Term Loan B and, if applicable, the Incremental Facility Loans, on a pro rata basis (applied to reduce, on a pro rata basis, the remaining scheduled principal installments of the Term Loan B and, if applicable, the Incremental Facility Loans), in the amount of such excess. Accrued interest on the Term Loan Facility Fees or the principal amount of the Loans, as applicable, being repaid pursuant to this Section 2.6(b)(x) to the date of such repayment (together with any additional amount owing under Section 2.9) will be paid by the Borrower concurrently with such principal repayment. Any repayment in cash by the Borrower of unpaid Facility Fees (and all unpaid interest thereon) shall be distributed to the applicable Lenders of record in the Register on the date of such payment.”
Maximum Cash Balance. If, at any time there are Revolving Loans outstanding, the aggregate amount of cash and Cash Equivalents of the Borrower and its Subsidiaries exceeds $10,000,000 for a period of five (5) consecutive Business Days, the Borrower shall immediately repay any Revolving Loans in the amount of such excess. If, at any time no Revolving Loans are outstanding, the aggregate amount of cash and Cash Equivalents of the Borrower and its Subsidiaries exceeds $20,000,000 for a period of five (5) consecutive Business Days, the Borrower shall immediately repay the principal of the Term Loan B and, if applicable, the Incremental Facility Loans, on a pro rata basis (applied to reduce, on a pro rata basis, the remaining scheduled principal installments of the Term Loan B and, if applicable, the Incremental Facility Loans) in the amount of such excess. Accrued interest on the principal amount of the Loans being repaid pursuant to this Section 2.6(b)(x) to the date of such repayment (together with any additional amount owing under Section 2.9 ) will be paid by the Borrower concurrently with such principal repayment.”
Maximum Cash Balance. The amount of cash and Cash Equivalents available to the Borrower and its Subsidiaries, after giving effect to the extensions of credit requested to be made on such date and the proposed application of proceeds thereof, shall not exceed $7,000,000.
