Minimum Utilization. The State, under this Contract, shall not be held liable for any minimum utilization of the Contractor’s Consultants.
Minimum Utilization. The State or any Authorized User, under this Contract, shall not be held liable for any minimum utilization of the Contractor’s services.
Minimum Utilization. At all times, the Total Outstandings shall equal or exceed $20,000,000 (subject to the mandatory prepayment provisions set forth in Section 3.2(b)(i) if the Borrowing Base Amount is less than $20,000,000).
Minimum Utilization. Beginning on the 31st day after the date hereof, Borrower shall at all times utilize at least 20% of the Maximum Line Amount. The Financing Fees otherwise set forth herein shall be adjusted to reflect such minimum utilization.
Minimum Utilization. Borrower shall at all times utilize at least 20% of the Maximum Line Amount. The Financing Fees otherwise set forth herein shall be adjusted to reflect such minimum utilization.
Minimum Utilization. The Borrower shall cause the average daily outstanding principal balance of the Advances hereunder for each Utilization Period to equal or exceed $25,000,000 (the “Minimum Utilization Requirement”). If the Minimum Utilization Requirement is not satisfied for any Utilization Period (whether by reason of the failure of the conditions to Advances hereunder to be satisfied or for any other reason whatsoever), then the Borrower shall pay to the Agent the Make-Whole Fee in accordance with the terms of the Fee Letter.
Minimum Utilization. Borrower shall at all times cause the aggregate gross value of Accounts purchased hereunder to be equal or greater than the amount set forth in the General Rates and Fees; any violation of the foregoing covenant shall cause the Financing Fees owed hereunder by Borrower to be equal to the fees that would have accrued had Borrower not violated this clause.
Minimum Utilization. Subject to the provisions of Section 10.24:
Minimum Utilization. Borrower and Guarantors shall maintain minimum utilization rates for each fiscal quarter, calculated at the end of each such quarter as the average amount during such quarter, and calculated as:
Minimum Utilization. Seller shall at all times cause the aggregate gross value of Accounts purchased hereunder to be equal or greater than the amount set forth in the General Rates and Fees; as Purchasers sole and exclusive remedy any violation of the foregoing covenant by Seller shall cause the Financing Fees owed hereunder by Seller to be equal to the fees that would have accrued had Seller not violated this clause unless such shortfall is due to Purchaser’s failure to purchase Accounts meeting the criteria herein. The typical calculation to determine the fees that would have accrued had Seller not violated this clause for any applicable calendar month would be as follows: (1) the result of (x) the Maximum Line Amount divided by (y) the Advance Rate multiplied by (2) Minimum Utilization percentage requirement multiplied by (3) the monthly gross Financing Fee rate.
