Minimum Unrestricted Cash Balance. The Unrestricted Cash Balance of Lessee shall not, at any time, be less than $10,000,000.
Minimum Unrestricted Cash Balance. At all times following the Sixth Amendment Effective Date through April 30, 2019, Borrower shall maintain an unrestricted Cash balance of at least (a) 50% of the outstanding Loan balance plus (b) the amount of accounts payable (as defined under GAAP) not paid within 90 days of the invoice date, in accounts subject to an Account Control Agreement in favor of Agent. At all times after April 30, 2019, Borrower shall maintain an unrestricted Cash balance of at least (a) 75% of the outstanding Loan balance plus (b) the amount of accounts payable (as defined under GAAP) not paid within 90 days of the invoice date, in accounts subject to an Account Control Agreement in favor of Agent.
Minimum Unrestricted Cash Balance. Continental shall maintain a Consolidated Unrestricted Cash Balance as of the Close of Business on the last Business Day of each calendar month of at least $1,000,000,000.
Minimum Unrestricted Cash Balance. As measured on the last calendar day of the Borrower's accounting quarter ending on or closest to each of the following dates (each, a "TEST DATE"), Borrower's Unrestricted Cash Balance for the applicable Test Period ending on such Test Date shall not be less than the following: ACCOUNTING/FISCAL QUARTER ENDED MINIMUM UNRESTRICTED CASH (ON OR ABOUT) BALANCE ------------- ------- June 30, 2004 $19,724,000 September 30, 2004 $15,052,000 December 31 2004 $25,594,000 March 31, 2005 $19,103,000 June 30, 2005 $19,724,000 September 30, 2005 $15,052,000 December 31 2005 $25,594,000 March 31, 2006 $19,103,000 ; provided, however, that if Borrower's Unrestricted Cash Balance is less than the amounts set forth in (A) above as of such Test Date, the Borrower shall be in compliance with (B) below:
Minimum Unrestricted Cash Balance. The Unrestricted Cash Balance of Lessee shall not be less than $10,000,000 as of the end of the Fiscal Quarter ending prior to the Resumed Payment Date.”
Minimum Unrestricted Cash Balance. Borrower shall maintain a minimum balance of Unrestricted Cash (as defined herein) of Fifty Million Dollars ($50,000,000) at all
Minimum Unrestricted Cash Balance. Commencing on the date (if any) on which the Subscription Payments (as such term is defined in the North Sound Escrow Agreement referred to below) shall have been released and the closing of the Proposed Financing (as therein defined) shall have occurred, the Co-Borrowers shall not permit the Unrestricted Cash Balance at any time during any of the fiscal quarters set forth below to be less than the amount set forth opposite such fiscal quarter: Fiscal Quarter Ended Minimum Unrestricted Cash Balance December 31, 2005 $9,500,800 March 31, 2006 $3,500,000 June 30, 2006 $2,000,000 September 30, 2006 $2,000,000 For the purposes of this Section 7.6, the following terms shall have the respective meanings set forth below:
Minimum Unrestricted Cash Balance. The Co-Borrowers (a) shall not permit the Unrestricted Cash Balance on December 31, 2005 to be less than $9,500,000, and (b) shall not permit the Unrestricted Cash Balance at any time after December 31, 2005 and on or prior to June 30, 2007 to be less than $2,500,000. For the purposes of this Section 7.6, the term "UNRESTRICTED CASH BALANCE" means, at any time, the aggregate amount of Cash and Cash Equivalents of the Parent and its Subsidiaries at such time, excluding any such Cash or Cash Equivalents that are (i) held in the Escrow Account, (ii) subject to any Lien (other than a Lien created pursuant to the Transactions Documents), or (iii) the disposition or use of which by the Parent or its Subsidiaries is limited or restricted in any way pursuant to any escrow agreement or other agreement or instrument (other than any of the Transaction Documents other than the Escrow Account Control Agreement) to which the Parent or any of its Subsidiaries is a party.
Minimum Unrestricted Cash Balance. At all times, Borrower shall maintain an unrestricted Cash balance in accounts subject to an Account Control Agreement in favor of Agent of at least the greater of (x) (a) 75% of the outstanding Loan balance plus (b) the amount of accounts payable (as defined under GAAP) not paid within 90 days of the invoice date and (y) (a) at all times prior to the Stockholder Approval Date (as defined in the Series C Convertible Preferred Certificate), Twenty Million Dollars ($20,000,000) and (b) at all times on and after the Stockholder Approval Date, Ten Million Dollars ($10,000,000). Borrower shall provide Lender evidence of compliance with the financial covenants under this Section 8 in form and substance reasonably acceptable to Agent and any supporting documentation reasonably requested by Agent, including certification of such compliance by the Chief Executive Officer or Chief Financial Officer of Borrower.
Minimum Unrestricted Cash Balance. At all times, Borrower shall maintain an unrestricted Cash balance of at least (a) 75% of the outstanding Loan balance plus (b) the amount of accounts payable (as defined under GAAP) not paid within 90 days of the date payment was issued, in accounts subject to an Account Control Agreement in favor of Agent. Borrower shall provide Lender evidence of compliance with the financial covenants under this Section 8 in form and substance reasonably acceptable to Agent and any supporting documentation reasonably requested by Agent, including certification of such compliance by the Chief Executive Officer or Chief Financial Officer of Borrower.
