Common use of Minimum Utilization Clause in Contracts

Minimum Utilization. Utilization shall be no less than 40% of the Aggregate Revolving Commitment; provided that the foregoing covenant shall cease to apply for all purposes hereunder following the delivery of the second consecutive compliance certificate pursuant to Section 5.01(d) that contains the certification described in Section 5.01(d)(iv)(A), but in no event earlier than the first anniversary of the Effective Date; provided further, that if at any time the Administrative Agent determines that any such compliance certificate was incorrect in any material respect (whether based on a restatement, fraud or otherwise), notwithstanding the first proviso of this Section 6.12(c), the foregoing covenant shall be deemed to have continued to apply for all purposes hereunder. (b) [Reserved.]

Minimum Utilization. Utilization shall be no less than 40% of the Aggregate Revolving Commitment; provided that the foregoing covenant shall cease to apply for all purposes hereunder following the delivery of the second consecutive compliance certificate pursuant to Section 5.01(d) that contains the certification described in Section 5.01(d)(iv)(A), but in no event earlier than the first anniversary of the Effective Date; provided further, that if at any time the Administrative Agent determines that any such compliance certificate was incorrect in any material respect (whether based on a restatement, fraud or otherwise), notwithstanding the first proviso of this Section 6.12(c), the foregoing covenant shall be deemed to have continued to apply for all purposes hereunder. (b) [Reserved.]