Common use of Minimum Utilization Clause in Contracts

Minimum Utilization. (a) Borrower and the other Credit Parties 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 the number of units of Eligible Container Fleet Inventory of Borrower and the other Credit Parties which is then subject to valid, current rental or lease agreements between Borrower or a Credit Party and the renters or lessees thereof, divided by the aggregate number of units of Eligible Container Fleet Inventory of Borrower and the other Credit Parties, of not less than seventy-six percent (76%) for any fiscal quarter; and (i) the number of units of the Eligible Container Fleet Inventory of Borrower and the other Credit Parties which is then subject to valid, current rental or lease agreements between Borrower or a Credit Party and the renters or lessees thereof, divided by (ii) sum of (A) the aggregate number of units of the Eligible Container Fleet Inventory of Borrower and the Guarantors, and (B) the number of units of the Eligible Container Inventory Held For Sale of Borrower and the other Credit Parties, of not less than seventy-one percent (71%) in any fiscal quarter; provided, that for the purposes of calculation of compliance with this Subsection 7.3.3, the aggregate of the number of units of Eligible Container Inventory Held For Sale, as a percentage of the sum of clauses (A) and (B) above, shall not exceed five percent (5%).

Minimum Utilization. Subject to the provisions of Section 10.24: (a) Borrower US Company and the other Credit Parties 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 the number of units of Eligible Container Fleet Inventory of Borrower US Company and the other Credit Parties which is then subject to valid, current rental or lease agreements between Borrower US Company or a Credit Party and the renters or lessees thereof, divided by the aggregate number of units of Eligible Container Fleet Inventory of Borrower US Company and the other Credit Parties, of not less than seventy-six percent (76%) for any fiscal quarter; and (i) the number of units of the Eligible Container Fleet Inventory of Borrower US Company and the other Credit Parties which is then subject to valid, current rental or lease agreements between Borrower US Company or a Credit Party and the renters or lessees thereof, divided by (ii) sum of (A) the aggregate number of units of the Eligible Container Fleet Inventory of Borrower US Company and the GuarantorsCredit Parties, and (B) the number of units of the Eligible Container Inventory Held For Sale of Borrower US Company and the other Credit Parties, of not less than seventy-one percent (71%) in any fiscal quarter; provided, that for the purposes of calculation of compliance with this Subsection 7.3.3Section 10.27, the aggregate of the number of units of Eligible Container Inventory Held For Sale, as a percentage of the sum of clauses (A) and (B) above, shall not exceed five percent (5%).