Common use of Maximum Drawing Amount Clause in Contracts

Maximum Drawing Amount. The maximum aggregate amount that the ---------------------- beneficiaries may at any time draw under outstanding Letters of Credit or Foreign Letters of Credit, as the case may be, as such aggregate amount may be reduced from time to time pursuant to the terms of the Letters of Credit or Foreign Letter of Credit, as the case may be. Maximum Unused Revolving Commitment. With respect to any Lender at any ------- ------ --------- ---------- time, (a) such Lender's Revolving Commitment at such time minus (b) the sum of ----- (i) the aggregate principal amount of all Revolving Credit Loans and Swing Line Loans made (in each case) by such Lender and which are outstanding at such time and Unpaid Reimbursement Obligations owing to such Lender, plus (ii) without duplication, such Lender's Revolving Credit Commitment Percentage of the Maximum Drawing Amount of all Letters of Credit issued and outstanding at such time. Maximum Unused Revolving Multicurrency Commitment. With respect to any ------------------------------------------------- Lender at any time, (a) such Lender's Revolving Multicurrency Commitment at such time minus (b) the sum of (i) such Lender's Revolving Multicurrency Commitment ----- Percentage of all Revolving Multicurrency Loans which are outstanding at such time, (ii) the aggregate principal amount of all Multicurrency Swing Line Loans made by such Lender and which are outstanding at such time and Foreign Unpaid Reimbursement Obligations owing to such Lender, plus (iii) without duplication, such Lender's Revolving Multicurrency Commitment Percentage of the Maximum Drawing Amount of all Foreign Letters of Credit issued and outstanding at such time. XxXxxxx. XxXxxxx Corporation, a Delaware corporation. ------- XxXxxxxx. XxXxxxxx II, LLC, a Delaware limited liability company. -------- Moody's. Xxxxx'x Investors Service, Inc. ------- Multicurrency Commitment Fee. See (S)4.3 hereof. ---------------------------- Multicurrency Lender. Any Lender which, at the time of making any -------------------- applicable Multicurrency Loan or Multicurrency Swing Line Loan, or, for purposes of (S)6.11.3 hereof, at the relevant date of determination, (a) has a Multicurrency Lending Office, (b) would not, by virtue of making any Multicurrency Loan or Multicurrency Swing Line Loan to Samsonite Europe, subject Samsonite Europe to any withholding tax as a result of the making of such Multicurrency Loan or Multicurrency Swing Line Loan (including the payment of principal and interest on such Multicurrency Loan or Multicurrency Swing Line Loan to such Lender by Samsonite Europe), (c) has the requisite (i) organizational power and authority, (ii) power and authority under all Belgian and other laws and regulations and (iii) governmental consents, licenses and permits from all applicable jurisdictions, governmental agencies, authorities and central banks, if any, to make the Multicurrency Loan or Multicurrency Swing Line Loan, (d) can lawfully make such Multicurrency Loan or Multicurrency Swing Line Loan and receive and enforce payments of principal and interest thereon, (e) is not subject to any withholding tax as a result of making such Multicurrency Loan or Multicurrency Swing Line Loan, or receiving any principal or interest payments in respect thereof, and (f) is properly qualified to do business as a bank, to lend and make commercial loans, and to take deposits in Belgium. Notwithstanding the foregoing, BofA will not be a Multicurrency Lender until the earlier of (i) July 31, 1998, or (ii) the date specified by BofA in a notice to the Fronting Bank. As of the Closing Date, the only Multicurrency Lender is Generale Bank N.V.

Maximum Drawing Amount. The maximum aggregate amount that the ---------------------- beneficiaries may at any time draw under outstanding Letters of Credit or Foreign Letters of Credit, as the case may be, as such aggregate amount may be reduced from time to time pursuant to the terms of the such Letters of Credit Credit. XXXXX'X. Xxxxx'x Investors Services, Inc. MULTIEMPLOYER PLAN. Any multiemployer plan within the meaning ofss.3(37) of ERISA maintained or Foreign Letter contributed to by any Borrower or any ERISA Affiliate. NET CASH PROCEEDS. With respect to (a) any sale of Creditany assets of the Borrowers or the Excluded Subsidiaries, as the case may begross consideration received by any of the Borrowers or any of the Excluded Subsidiaries (in cash) from such sale, net of commissions, direct sales costs, normal closing adjustments, the amount used to repay any Indebtedness secured by such assets, income taxes attributable to such sale and professional fees and expenses incurred directly in connection therewith, to the extent the foregoing are actually paid in connection with such sale and (b) any permitted debt offering of the Borrowers or the Excluded Subsidiaries, the gross consideration received by any of the Borrowers or any of the Excluded Subsidiaries (in cash) from such debt offering, net of reasonable and customary transaction expenses and fees actually incurred in connection with such debt offering. Maximum Unused Revolving CommitmentNET EQUITY PROCEEDS. With respect to any Lender at Equity Offering, the excess of the gross cash proceeds received by such Person from such Equity Offering after deduction of reasonable and customary transaction expenses (including without limitation, underwriting discounts and commissions and reasonable legal fees) actually incurred in connection with such Equity Offering. NET WORKING CAPITAL CHANGES. With respect to the Parent and its Subsidiaries, for any ------- ------ --------- ---------- timefiscal period and without duplication, the difference (expressed as a positive or a negative number) of (a) such Lender's Revolving Commitment at such time minus (b) the sum of ----- (i) the aggregate principal amount billed accounts receivable, PLUS (ii) inventory and other current assets considered part of all Revolving Credit Loans working capital in accordance with GAAP, MINUS (iii) current accounts payable, MINUS (iv) current accruals and Swing Line Loans made accretions (exclusive of interest accruals and accretions), in each case) by such Lender and which are outstanding at such time and Unpaid Reimbursement Obligations owing to such Lender, plus (ii) without duplication, such Lender's Revolving Credit Commitment Percentage as of the Maximum Drawing Amount last day of all Letters of Credit issued and outstanding at such time. Maximum Unused Revolving Multicurrency Commitment. With respect to any ------------------------------------------------- Lender at any timefiscal period, (a) such Lender's Revolving Multicurrency Commitment at such time minus MINUS (b) the sum of (i) such Lender's Revolving Multicurrency Commitment ----- Percentage of all Revolving Multicurrency Loans which are outstanding at such timebilled accounts receivable, PLUS, (ii) the aggregate principal amount inventory and other current assets considered part of all Multicurrency Swing Line Loans made by such Lender and which are outstanding at such time and Foreign Unpaid Reimbursement Obligations owing to such Lenderworking capital in accordance with GAAP, plus MINUS (iii) without duplicationcurrent accounts payable, such Lender's Revolving Multicurrency Commitment Percentage MINUS (iv) current accruals and accretions (exclusive of interest accruals and accretions), in each case, as of the Maximum Drawing Amount last day of all Foreign Letters of Credit issued and outstanding at such timeimmediately preceding fiscal period. XxXxxxxNEW HEIGHTS. XxXxxxx Corporation, a Delaware corporation. ------- XxXxxxxx. XxXxxxxx IINew Heights Investor Co., LLC, a Delaware limited liability company. -------- Moody's. Xxxxx'x Investors Servicecompany in which Casella NH Power Co., Inc. ------- Multicurrency Commitment Fee. See (S)4.3 hereof. ---------------------------- Multicurrency Lender. Any Lender which, at the time of making any -------------------- applicable Multicurrency Loan or Multicurrency Swing Line Loan, or, for purposes of (S)6.11.3 hereof, at the relevant date of determination, (a) has a Multicurrency Lending Office, (b) would not, by virtue of making any Multicurrency Loan or Multicurrency Swing Line Loan to Samsonite Europe, subject Samsonite Europe to any withholding tax as a result LLC owns 100% of the making Class B common stock and Casella NH Investors Co., LLC owns 19.9% of such Multicurrency Loan or Multicurrency Swing Line Loan (including the payment of principal and interest on such Multicurrency Loan or Multicurrency Swing Line Loan to such Lender by Samsonite Europe), (c) has the requisite (i) organizational power and authority, (ii) power and authority under all Belgian and other laws and regulations and (iii) governmental consents, licenses and permits from all applicable jurisdictions, governmental agencies, authorities and central banks, if any, to make the Multicurrency Loan or Multicurrency Swing Line Loan, (d) can lawfully make such Multicurrency Loan or Multicurrency Swing Line Loan and receive and enforce payments of principal and interest thereon, (e) is not subject to any withholding tax as a result of making such Multicurrency Loan or Multicurrency Swing Line Loan, or receiving any principal or interest payments in respect thereofClass A common stock, and (f) is properly qualified to do business as a bank, to lend each of its direct and make commercial loans, and to take deposits indirect Subsidiaries. NEW HEIGHTS INVESTMENT. The Investments made by the Borrowers in Belgium. Notwithstanding the foregoing, BofA will not be a Multicurrency Lender until the earlier of (i) July 31, 1998, or (ii) the date specified by BofA in a notice to the Fronting Bank. As of the Closing Date, the only Multicurrency Lender is Generale Bank N.V.New Heights.

Maximum Drawing Amount. The maximum aggregate amount that the ---------------------- beneficiaries may at any time draw under outstanding Letters of Credit or Foreign Letters of Credit, as the case may be, as such aggregate amount may be reduced from time to time pursuant to the terms of the Letters of Credit Credit. Multiemployer Plan. Any multiemployer plan within the meaning of §3(37) of ERISA maintained or Foreign Letter of Credit, as contributed to by the case may beBorrower or any ERISA Affiliate. Maximum Unused Revolving CommitmentNet Cash Proceeds. With respect to any Lender at Equity Issuance, the excess of the gross cash proceeds received by such Person from such Equity Issuance after deduction of reasonable and customary transaction expenses (including without limitation, underwriting discounts and commissions) actually incurred in connection with the Equity Issuance. Net Cash Sale Proceeds. The net cash proceeds received by the Borrower and any ------- ------ --------- ---------- timeof its Subsidiaries in respect of any Asset Sale, less the sum of (a) all reasonable out-of-pocket fees, commissions and other expenses incurred in connection with such Lender's Revolving Commitment at Asset Sale, including the amount (estimated in good faith by such time minus Person) of income, franchise, sales and other applicable taxes required to be paid by such Person in connection with such Asset Sale and (b) the sum of ----- (i) the aggregate principal amount of all Revolving Credit Loans and Swing Line Loans made cash so received by such Person which is used to retire (in each casewhole or in part) any Indebtedness (other than under the Loan Documents) of such Person permitted by this Credit Agreement that was secured by a lien or security interest (if any) permitted by this Credit Agreement having priority over the liens and security interests (if any) of the Agent, for the benefit of the Banks, with respect to such Lender assets transferred, and which are outstanding at is required to be repaid in whole or in part (which repayment, in the case of any other revolving credit arrangements or multiple advance arrangements, reduces the commitment thereunder) in connection with such time and Unpaid Reimbursement Obligations owing to such LenderAsset Sale. Net Working Capital Changes. For any fiscal period, plus (ii) without duplication, such Lender's Revolving Credit Commitment Percentage of the Maximum Drawing Amount of all Letters of Credit issued and outstanding at such time. Maximum Unused Revolving Multicurrency Commitment. With respect to any ------------------------------------------------- Lender at any time, net change from the immediately preceding like fiscal period in (a) such Lender's Revolving Multicurrency Commitment at such time minus (b) the sum of (i) such Lender's Revolving Multicurrency Commitment ----- Percentage of all Revolving Multicurrency Loans which are outstanding at such time, (ii) the aggregate principal amount of all Multicurrency Swing Line Loans made by such Lender both billed and which are outstanding at such time and Foreign Unpaid Reimbursement Obligations owing to such Lender, plus (iii) without duplication, such Lender's Revolving Multicurrency Commitment Percentage of the Maximum Drawing Amount of all Foreign Letters of Credit issued and outstanding at such time. XxXxxxx. XxXxxxx Corporation, a Delaware corporation. ------- XxXxxxxx. XxXxxxxx II, LLC, a Delaware limited liability company. -------- Moody's. Xxxxx'x Investors Service, Inc. ------- Multicurrency Commitment Fee. See (S)4.3 hereof. ---------------------------- Multicurrency Lender. Any Lender which, at the time of making any -------------------- applicable Multicurrency Loan or Multicurrency Swing Line Loan, or, for purposes of (S)6.11.3 hereof, at the relevant date of determination, (a) has a Multicurrency Lending Officeunbilled Accounts Receivable, (b) would not, by virtue of making any Multicurrency Loan or Multicurrency Swing Line Loan to Samsonite Europe, subject Samsonite Europe to any withholding tax as a result current accounts payable of the making of such Multicurrency Loan or Multicurrency Swing Line Loan (including the payment of principal Borrower and interest on such Multicurrency Loan or Multicurrency Swing Line Loan to such Lender by Samsonite Europe)its Subsidiaries, (c) has current accruals and accretions (exclusive of interest accruals and accretions) of the requisite (i) organizational power Borrower and authority, (ii) power its Subsidiaries and authority under all Belgian and other laws and regulations and (iii) governmental consents, licenses and permits from all applicable jurisdictions, governmental agencies, authorities and central banks, if any, to make the Multicurrency Loan or Multicurrency Swing Line Loan, (d) can lawfully make such Multicurrency Loan or Multicurrency Swing Line Loan and receive and enforce payments of principal and interest thereon, (e) is not subject to any withholding tax as a result of making such Multicurrency Loan or Multicurrency Swing Line Loan, or receiving any principal or interest payments in respect thereof, and (f) is properly qualified to do business as a bank, to lend and make commercial loans, and to take deposits in Belgium. Notwithstanding the foregoing, BofA will not be a Multicurrency Lender until the earlier of (i) July 31, 1998, or (ii) the date specified by BofA in a notice to the Fronting Bank. As inventory of the Closing Date, the only Multicurrency Lender is Generale Bank N.V.Borrower and its Subsidiaries.

Maximum Drawing Amount. The maximum aggregate amount that the ---------------------- beneficiaries may at any time draw under outstanding Letters of Credit or Foreign Letters of Credit, as the case may be, as such aggregate amount may be reduced from time to time pursuant to the terms of the Letters of Credit Credit. Xxxxx'x. Xxxxx'x Investors Services, Inc. Mortgaged Property. Any Real Estate which is subject to any Mortgage. Mortgages. Collectively, (a) the several mortgages and deeds of trust, dated or Foreign Letter to be dated on or prior to the Closing Date, and set forth on Schedule 1B hereto, and (b) each mortgage or deed of Credittrust required to be entered into after the Closing Date by the Borrower or any Subsidiary pursuant to Section 9.13 hereof, as with respect to the case may befee and leasehold interests of the Borrower and its Subsidiaries in the Real Estate and in form and substance reasonably satisfactory to the Lenders and the Administrative Agent. Maximum Unused Revolving CommitmentMultiemployer Plan. Any multiemployer plan within the meaning of Section 3(37) of ERISA maintained or contributed to by the Borrower or any ERISA Affiliate. Net Cash Debt Issuance Proceeds. With respect to any Lender at Debt Issuances, the excess of the gross cash proceeds received by the Borrower or any ------- ------ --------- ---------- time, (a) of its Subsidiaries for such Lender's Revolving Commitment at such time minus (b) the sum of ----- (i) the aggregate principal amount Debt Issuance after deduction of all Revolving Credit Loans transaction expenses (including, without limitation, underwriting discounts and Swing Line Loans made (commissions) actually incurred in each case) by connection with such Lender and which are outstanding at such time and Unpaid Reimbursement Obligations owing to such Lender, plus (ii) without duplication, such Lender's Revolving Credit Commitment Percentage of the Maximum Drawing Amount of all Letters of Credit issued and outstanding at such timeDebt Issuance. Maximum Unused Revolving Multicurrency CommitmentNet Cash Equity Issuance Proceeds. With respect to any ------------------------------------------------- Lender at Equity Issuance, the excess of the gross cash proceeds received by the Borrower or any timeof its Subsidiaries for such Equity Issuance after deduction of all reasonable and customary transaction expenses (including, without limitation, underwriting discounts and commissions) actually incurred in connection with such Equity Issuance. Net Cash Sale Proceeds. The net cash proceeds received by a Person in respect of any Asset Sale, less the sum of (a) all reasonable out-of-pocket fees, commissions, taxes and other reasonably and customary direct expenses actually incurred in connection with such Lender's Revolving Multicurrency Commitment at Asset Sale, including the amount of any transfer or documentary taxes required to be paid by such time minus Person in connection with such Asset Sale and any income, sales or other taxes paid or payable as a result of such Asset Sale, and (b) the sum of (i) such Lender's Revolving Multicurrency Commitment ----- Percentage of all Revolving Multicurrency Loans which are outstanding at such time, (ii) the aggregate principal amount of all Multicurrency Swing Line Loans made cash so received by such Lender Person which is required to be used to retire (in whole or in part) any Indebtedness (other than under the Loan Documents) of such Person permitted by this Credit Agreement that was secured by a lien or security interest permitted by this Credit Agreement having priority over the liens and security interests (if any) of the Administrative Agent (for the benefit of the Administrative Agent and the Lenders) with respect to such assets transferred and which are outstanding is required to be repaid in whole or in part (which repayment, in the case of any other revolving credit arrangement or multiple advance arrangement, reduces the commitment thereunder) in connection with such Asset Sale. Non-Affected Lender(s). As at such time and Foreign Unpaid Reimbursement Obligations owing to such Lender, plus (iii) without duplication, such Lender's Revolving Multicurrency Commitment Percentage of the Maximum Drawing Amount of all Foreign Letters of Credit issued and outstanding at such time. XxXxxxx. XxXxxxx Corporation, a Delaware corporation. ------- XxXxxxxx. XxXxxxxx II, LLC, a Delaware limited liability company. -------- Moody's. Xxxxx'x Investors Service, Inc. ------- Multicurrency Commitment Fee. See (S)4.3 hereof. ---------------------------- Multicurrency Lender. Any Lender which, at the time of making any -------------------- applicable Multicurrency Loan or Multicurrency Swing Line Loan, or, for purposes of (S)6.11.3 hereof, at the relevant date of determination, (a) has a Multicurrency Lending Office, (b) would not, by virtue of making any Multicurrency Loan or Multicurrency Swing Line Loan to Samsonite Europe, subject Samsonite Europe to any withholding tax as a result of the making of such Multicurrency Loan or Multicurrency Swing Line Loan (including the payment of principal and interest on such Multicurrency Loan or Multicurrency Swing Line Loan to such Lender by Samsonite Europe), (c) has the requisite (i) organizational power and authority, (ii) power and authority under all Belgian and other laws and regulations and (iii) governmental consents, licenses and permits from all applicable jurisdictions, governmental agencies, authorities and central banks, if any, to make the Multicurrency Loan or Multicurrency Swing Line Loan, (d) can lawfully make such Multicurrency Loan or Multicurrency Swing Line Loan and receive and enforce payments of principal and interest thereon, (e) is those Lenders which are not subject to any withholding tax as a result of making such Multicurrency Loan or Multicurrency Swing Line Loan, or receiving any principal or interest payments in respect thereof, and (f) is properly qualified to do business as a bank, to lend and make commercial loans, and to take deposits in Belgium. Notwithstanding the foregoing, BofA will not be a Multicurrency Lender until the earlier of (i) July 31, 1998, or (ii) the date specified by BofA in a notice to the Fronting Bank. As of the Closing Date, the only Multicurrency Lender is Generale Bank N.V.Affected Lenders.