Reserve Amounts. The provisions of Section 2.8 and Section 4.1 relating to the establishment of Reserve Amounts are intended to give the Borrowers, the Lenders and the L/C Participants the practical benefits of any change in Status (whether resulting in an increase or decrease in the fees payable hereunder from time to time) resulting from delivery of Section 9.1 Financials with respect to the immediately preceding fiscal quarter within certain time periods following the commencement of a fiscal quarter as though any such change of Status had occurred on the first day of such fiscal quarter. The Administrative Agent and the Borrowers may amend the provisions of Section 2.8 and Section 4.1 without the consent of any Lender in any manner reasonably believed by the Administrative Agent and the Borrowers to be not materially adverse the Lenders in order to better effectuate the provisions set forth therein for achieving such benefits.
Reserve Amounts. The Trustee, on behalf of the Trust, hereby covenants and agrees that, without approval of the Majority Certificateholders: (i) the Balances held in the Manager’s Reserve Account and the Trustee’s Reserve Account shall not, in the aggregate, exceed the Reserve Amount; and (ii) the Balance held in the Manager’s Reserve Account shall not exceed $10,000,000.
Reserve Amounts. (a) From the Closing Date until end of the Survival Period (the “Reserve Period”), ExcelStor Group and ExcelStor Holdings shall maintain record ownership of a number of Consideration Shares equal to the difference of (i) US$6,000,000 based on the 10 Trading Day average closing price of Buyer Common Stock ending on the Closing Date (the “Reserve Amount”) minus (ii) the value of any Claims paid by ExcelStor Group and ExcelStor Holdings during the Reserve Period; provided, however, that nothing in this Agreement will prohibit ExcelStor Group and ExcelStor Holdings from distributing to their shareholders a number of their Consideration Shares in excess of such Reserve Amount.
Reserve Amounts. (a) If, at the time any Property becomes a Borrowing Base Property less than eighty-five percent (85%) of the gross rentable square footage of such Property shall be subject to Qualified Space Leases and if, as of the last day of any calendar quarter, less than eighty-five percent (85%) of the gross rentable square footage of any Borrowing Base Property shall be subject to Qualified Space Leases, then the Borrowers shall, upon notice of the amount thereof, deposit into an account (the “Occupancy Reserve Account”) maintained with the Administrative Agent or in which the Administrative Agent has a first priority perfected security interest and sole control, a cash reserve (the “Occupancy Reserve”) in an amount reasonably determined by the Administrative Agent as the then market rate for tenant improvements and leasing commissions associated with the vacant space in question. If as of the last day of any calendar quarter the aggregate amount of the Occupancy Reserve on deposit in the Occupancy Reserve Account is less than the aggregate amount of the Occupancy Reserve then required to be deposited then the Borrowers shall, within ten (10) days after notice from the Administrative Agent of the amount thereof, deposit additional cash reserves in the amount of such deficiency into the Occupancy Reserve Account. If, as of the last day of any calendar quarter, the aggregate amount of the Occupancy Reserve on deposit in the Occupancy Reserve Account exceeds the aggregate amount of the Occupancy Reserve then required to be deposited pursuant to this Section 2.21(a) then, upon request by the Administrative Borrower, the Administrative Agent shall release, or cause to be released to the Administrative Borrower, the amount of such excess provided that (i) no Default or Event of Default shall have then occurred and be continuing and (ii) the Administrative Agent shall have received evidence, satisfactory to the Administrative Agent, of the percentage of the gross rentable square footage of each Borrowing Base Property that is subject to Qualified Space Leases. All cash reserves deposited pursuant to this Section 2.21(a) shall be held as additional security for the payment and performance of the Obligations.
Reserve Amounts. 32 Section 2.13 Reserved...................................................................... 32 Section 2.14 Changes in Commitment......................................................... 32 ARTICLE 3
Reserve Amounts. To the extent Administrative Agent is obligated pursuant to Section 2.3(c) to hold as a reserve a portion of any prepayment of Revolving Loans, such amount may be commingled with general funds of Administrative Agent and no such sums shall be deemed to be held in trust for the benefit of Borrower. No interest shall be payable on any funds reserved. All sums so reserved shall be part of the Property and shall stand as additional security for all of the Obligations. In the event of any default by Borrower under the terms of this Agreement or any other Financing Document, Administrative Agent may, at its discretion, apply amounts on hand in the reserve to cure such default. Upon the occurrence of an Event of Default and/or maturity of any portion of the Obligations, the moneys then remaining on deposit with Administrative Agent shall, at Administrative Agent's option, be applied against the Obligations in such order and manner as Administrative Agent may elect or as may otherwise be required under this Agreement. Borrower may, upon written request to Administrative Agent delivered no later than noon (Chicago time) two (2) Business Days prior, request Administrative Agent to remit such moneys to Borrower and Administrative Agent shall cause such moneys to be deposited to Borrower's Account, provided, that an Event of Default shall not have occurred and be continuing. Upon the termination of this Agreement and the payment in full of all Obligations, Administrative Agent shall cause such moneys to be deposited to Borrower's Account.
Reserve Amounts. (a) The Borrower shall accumulate and maintain the applicable Reserve Amounts into the Reserve Account, starting from the first Senior Repayment Date and thereafter on a quarterly basis until the Final Repayment Date in respect of the Senior Advance.
Reserve Amounts. Reserve amounts as the Administrative Agent may deem necessary or appropriate in its sole discretion. $
Reserve Amounts. Without limiting Section 8.1(b), ADM shall ensure that at all times the sum of (i) cash or cash equivalents on deposit in the Proceeds Account plus (ii) the undrawn amount of the Revolving Credit Facility equals or exceeds the aggregate of the Debt Reserve Amount, the Cash Call Reserve Amount and the Capital Costs Reserve Amount.
Reserve Amounts. ADM shall default in the due performance and observance of any of its obligations under Section 8.1(b) or 8.3 and any such default shall continue unremedied for a period of 60 days after the date the relevant shortfall first arises.
