Maximum Guarantee Amount Sample Clauses

Maximum Guarantee Amount. Notwithstanding any of the other provisions set forth in this Article IX or otherwise contained in this Indenture or any other Note Document, (a) the aggregate amount of all Guaranteed Obligations guaranteed by the Note Guarantees shall not, at any time, exceed the lesser of (x) the principal amount of the Notes then outstanding and (y) the Maximum Guarantee Amount (such lesser amount, the “Note Guarantee Cap”), and (b) upon any change in the aggregate amount of all obligations guaranteed by the Note Guarantees (including as a result of the Company or any Subsidiary incurring any Indebtedness (that is not subordinated to the Note Guarantees) permitted by this Indenture) (a “Guaranteed Amount Change”), each Guarantor shall be deemed for all purposes (including the purpose of determining the limit of the Note Guarantees) to have had its Notes Guarantee (x) released immediately and automatically prior to such Guaranteed Amount Change, provided that such Note Guarantee shall only be released in the amount in excess of the Note Guarantee Cap on a pro forma basis after giving effect to such Guaranteed Amount Change, and and (y) incurred immediately and automatically after such Guaranteed Amount Change, provided that such Note Guarantee shall only be incurred in the amount that would be available under the Note Guarantee Cap on a pro forma basis after giving effect to such Guaranteed Amount Change. For the avoidance of doubt, nothing in the Notes Documents shall, on any date or from time to time, allow the aggregate amount of all Guaranteed Obligations guaranteed by the Guarantors to cause or result in the Company or any Subsidiary violating any Existing Notes Indenture.
Sample 1
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Maximum Guarantee Amount. (a) The maximum guarantee amount under this Agreement shall be lowest of the following ("Maximum Guarantee Amount"):
Sample 1
Maximum Guarantee Amount. The amount of the Guarantee of each Loan shall not exceed the authorized amount for the Loan and the percentage of the Loan balance set forth in the Commitment Letter and the Guarantee unless USBGI agrees to the exception in writing. The Program Funds include the Loss Reserve which shall be used to pay the amount due on Guarantees for unrecovered losses from Loans made by Lender to a Borrower which are the subject of Guarantees issued by USBGI. Lender shall be reimbursed for only the guaranteed portion of principal and interest of a Loan that is in default. Any payment on a Guarantee shall be paid solely from the Loss Reserve. The State of Utah and USBGI shall not be liable or obligated beyond money allocated from the Program Funds to the Loss Reserve. The Loss Reserve is initially capitalized with $7.5 Million. Commitments for Guarantees will not be authorized or issued beyond $75 Million with the initial Loss Reserve capitalization. Thereafter Guarantee commitments will not be issued if the Loss Reserve is not capitalized at a minimum of 10% of outstanding Guarantees.
Sample 1

Related to Maximum Guarantee Amount

  • Maximum Leverage Permit, as of any fiscal quarter end, the ratio of (a) Adjusted Portfolio Equity as of such fiscal quarter end to (b) Funded Debt as of such fiscal quarter end, to be less than 5.00 to 1.00.

  • Maximum Leverage Ratio As of the last day of each fiscal quarter, the Borrower shall not permit the ratio (the "Leverage Ratio") of (i) Consolidated Funded Indebtedness to (ii) EBITDA of the Borrower and its Subsidiaries, as at the end of and for the period of four consecutive fiscal quarters ending on such day, to be greater than (i) 2.00 to 1.00.

  • Maximum Loan Amount No loan to a Participant under the Plan may exceed the lesser of:

  • Minimum Interest Coverage Ratio The Borrowers shall not permit the Interest Coverage Ratio, calculated as of the end of each fiscal quarter for the four fiscal quarters then ended, to be less than 3.50 to 1.00.

  • Maximum Total Leverage Ratio Permit the Total Leverage Ratio as of the last day of any fiscal quarter, commencing with the fiscal quarter ending September 30, 2017, to exceed the ratio set forth below with respect to such fiscal quarter: Fiscal Quarter Maximum Total Leverage Ratio Fiscal quarter ending September 30, 2017 5.50 to 1.00 Fiscal quarter ending December 31, 2017 4.50 to 1.00 Fiscal quarter ending March 31, 2018 4.50 to 1.00 Fiscal quarters ending June 30, 2018 and thereafter 3.00 to 1.00

  • Maximum Interest Rate In no event shall any interest rate provided for hereunder exceed the maximum rate legally chargeable under applicable law with respect to loans of the Type provided for hereunder (the “Maximum Rate”). If, in any month, any interest rate, absent such limitation, would have exceeded the Maximum Rate, then the interest rate for that month shall be the Maximum Rate, and, if in future months, that interest rate would otherwise be less than the Maximum Rate, then that interest rate shall remain at the Maximum Rate until such time as the amount of interest paid hereunder equals the amount of interest which would have been paid if the same had not been limited by the Maximum Rate. In the event that, upon payment in full of the Obligations, the total amount of interest paid or accrued under the terms of this Agreement is less than the total amount of interest which would, but for this Section 3.3, have been paid or accrued if the interest rate otherwise set forth in this Agreement had at all times been in effect, then the Borrower shall, to the extent permitted by applicable law, pay the Agent, for the account of the applicable Lenders, an amount equal to the excess of (a) the lesser of (i) the amount of interest which would have been charged if the Maximum Rate had, at all times, been in effect or (ii) the amount of interest which would have accrued had the interest rate otherwise set forth in this Agreement, at all times, been in effect over (b) the amount of interest actually paid or accrued under this Agreement. If a court of competent jurisdiction determines that the Agent and/or any Lender has received interest and other charges hereunder in excess of the Maximum Rate, such excess shall be deemed received on account of, and shall automatically be applied to reduce, the Obligations other than interest, and if there are no Obligations outstanding, the Agent and/or such Lender shall refund to the Borrower such excess.

  • Maximum Credit Patheon's liability for Active Materials calculated in accordance with this Section 2.2 for any Product in a Year will not exceed, in the aggregate, the Maximum Credit Value set forth in Schedule D to a Product Agreement.

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