Sublimits Sample Clauses

Sublimits. Section 4.2(c) of the Repurchase Agreement is amended and restated in its entirety to read as follows:

Sublimits. If, under the Credit Facility Agreement, the Parties have provided for Sublimits within the limits of which Credit Facilities may be issued for each Borrower, the provisions of these GCC and the Credit Facility Agreement on the Borrower shall appropriately apply to each Borrower, if the case, and the provisions on the Facility Limit shall appropriately apply to the Sublimits established for each Borrower.

Sublimits. Bank shall have no obligation (a) to issue any Letter of Credit, if the aggregate outstanding undrawn amount of all Letters of Credit would exceed $3,000,000 (the “Letter of Credit Sublimit”); (b) to issue any Letter of Credit, if a Default or Event of Default has occurred; or (c) to issue any Letter of Credit if the Revolving Credit Facility usage plus the amount of such new Letter of Credit to be issued exceeds the Maximum Revolving Credit Facility Amount.

Sublimits. If after giving effect to any reduction or termination of Revolving Commitments under this Section 2.06, the Letter of Credit Sublimit or the Swingline Sublimit exceeds the Revolving Facility at such time, the Letter of Credit Sublimit or the Swingline Sublimit, as the case may be, shall be automatically reduced by the amount of such excess.

Sublimits. Notwithstanding anything to the contrary set forth herein, Borrower may borrow hereunder only to the extent that after giving effect to such borrowing (collectively, the “Sublimits”): 2.6.1.1. the Loan to Value Ratio shall not exceed seventy percent (70%) (the “Maximum Loan to Value Ratio”); 2.6.1.2. the Facility Debt Service Coverage Ratio shall not be less than 1.20 : 1.00. 2.6.1.3. the number of Borrowing Tranches outstanding shall not exceed fifteen (15); 2.6.1.4. the Loan shall not exceed the Commitment; and 2.6.1.5. one or more Qualifying Rate Cap Agreements and/or Qualifying Rate Swap Agreements shall be maintained with (i) an aggregate notional amount equal to the Required Hedge Amount and (ii) a Hedged Debt Service Coverage Ratio of no less than 1.20:1.00.

Sublimits. (i) The aggregate amount of Revolving Advances made to Borrowers against Eligible Inventory shall not exceed, at any time, an amount equal to (i) from the Second Amendment Closing Date until December 31, 2024, the lesser of (A) an amount equal to seventy-five percent (75%) of the Maximum Revolving Advance Amount and (B) $45,000,000, (ii) from January 1, 2025 until June 30, 2025, the lesser of (A) an amount equal to seventy percent (70%) of the Maximum Revolving Advance Amount and (B) $42,000,000, and (iii) any time after June 30, 2025, the lesser of (A) an amount equal to sixty-five percent (65%) of the Maximum Revolving Advance Amount and (B) $39,000,000. (ii) The aggregate amount of Revolving Advances made to Borrowers against Eligible Foreign In-Transit Inventory shall not exceed, at any time, an amount equal to the lesser of (A) an amount equal to thirty percent (30%) of the amount of Eligible Inventory at any time included in the Borrowing Base and (B) $10,000,000. (iii) The aggregate amount of Revolving Advances made to Borrowers against Eligible Inventory and Eligible Receivables of the U.K. Borrowing Base Companies, the Canadian Borrowing Base Companies and the Australian Borrowing Base Companies, taken as a whole, shall not exceed, at any time, an amount equal to $35,000,000. (iv) The aggregate amount of Revolving Advances made to Borrowers against Eligible Inventory of the U.K. Borrowing Base Companies, the Canadian Borrowing Base Companies and the Australian Borrowing Base Companies, taken as a whole, shall not exceed, at any time, an amount equal to $22,500,000. (v) The aggregate amount of Revolving Advances made to Borrowers against Eligible Inventory comprising Consigned Inventory shall not exceed, at any time, an amount equal to $5,000,000. 4886‐4763‐4628><v2>< 4033.197> (vi) The aggregate amount of FILO Advances made to Borrowers against Eligible Uninsured Foreign Receivables shall not exceed, at any time, an amount equal to $0. (vii) Until the completion of the Australian Whitewash with respect to the Australian Borrower, the joinder of the Australian Borrower as a Borrower hereunder and, subject to Sections 4.8(h) and 6.16, execution and delivery of the Australian Security Documents, the aggregate amount of Advances made to Borrowers that is predicated on the assets of the Australian Borrowing Base Companies (whether in respect of the Closing Date Deemed Borrowing Base or the Borrowing Base, as applicable), shall not exceed, at any time, ...

Sublimits. Notwithstanding anything to the contrary set forth herein, Borrower may borrow hereunder only to the extent that after giving effect to such borrowing (collectively, the “Sublimits”): 2.1.4.1 the Property LTV Ratio shall not exceed the Maximum Property LTV Ratio; 2.1.4.2 the Property LTV Ratio as set forth in any Affiliate Borrower Credit Agreement shall not exceed the Maximum Property LTV Ratio as set forth in any Affiliate Borrower Credit Agreement; 2.1.4.3 the Property DSCR shall not be less than: (a) 1.55:1.00 for a Multifamily Mortgaged Property or (b) 1.60:1.00 for a Student Housing Mortgaged Property. 2.1.4.4 the Property DSCR set forth in any Affiliate Borrower Credit Agreement shall not be less than as set forth in any Affiliate Borrower Credit Agreement; 2.1.4.5 the aggregate number of all Outstanding Borrowing Advance Tranches shall not exceed 10; 2.1.4.6 the aggregate amount of the Outstanding Borrowing Advance Tranches shall not exceed the Sponsor Borrower Loan; and

Sublimits. (a) In addition to any other limitations set forth in this Agreement and subject to Section 2.4(b) of this Agreement, the following limitations apply with respect to all Loans and Letters of Credit: (i) The aggregate outstanding principal amount of all Loans shall at no time exceed the Loan Advance Sublimit. (ii) The aggregate outstanding principal amount of all Daylight Overdraft Loans and all Swing Line Loans shall at no time exceed the Daylight Overdraft/Swing Line Sublimit. (iii) The sum of the Face Amount of all Long Term Letters of Credit and Performance Letters of Credit issued hereunder shall at no time exceed the Long Term and Performance L/C Sublimit. (iv) Each Loan made and Letter of Credit issued under this Agreement may be subject to multiple sublimits as provided in this Section 2.4, and to the extent such Letter of Credit or Loan is subject to multiple sublimits, it shall reduce the availability under each applicable sublimit accordingly. (b) The sublimits set forth in Section 2.4(a) of this Agreement exist for the benefit of the Administrative Agent and the Lenders and may be modified, increased, or supplemented by the Required Lenders in their SOLE AND ABSOLUTE DISCRETION at any time. No modification or increase of any sublimit set forth in this Section 2.4, or addition of any supplemental sublimit, shall be deemed to be a commitment or consent by any Lender to any make any Credit Extension.

Sublimits. Advances with respect to (i) Eligible Inventory shall not exceed fifty percent (50%) of the Maximum Revolving Advance Amount, (ii) Eligible Inventory consisting of work-in-process Inventory shall not exceed twenty percent (20%) of the Maximum Revolving Advance Amount and (iii) Eligible Inventory consisting of maintenance, repair, operating and tooling Inventory shall not exceed one percent (1%) of the Maximum Revolving Advance Amount.