Suppressed Availability. (a) Borrowers shall, maintain with Lender, at all times after the date hereof, Suppressed Availability of not less than $1,800,000. Lender may, but shall not be required to and in addition to its other rights, in its discretion, use the amount of Suppressed Availability (i) to pay costs and expenses incurred by Borrowers or chargeable to Borrowers under this Agreement, (ii) to cure defaults of Borrowers or NSC under this Agreement, or by Borrower or NSC or any other Obligor under any of the other Financing Agreements or any other agreement of any Borrower or NSC with any third party, (iii) to pay taxes of Borrowers or NSC and (iv) for, any other purpose permitted by, or to make any other payment which Lender is authorized to make, under this Agreement. (b) If the amount of Suppressed Availability shall at any time be less than $1,800,000 Borrowers shall, at all times, on notice by Lender, immediately take such actions as are required by Lender, including delivery to Lender of additional Pledged Cash, so that the amount of Suppressed Availability shall not be less than $1,800,000.
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Sources: Loan and Security Agreement (Nutritional Sourcing Corp), Loan and Security Agreement (Nutritional Sourcing Corp)
Suppressed Availability. (a) Borrowers shall, maintain with Lender, at all times after the date hereof, Suppressed Availability of not less than $1,800,000500,000. Lender may, but shall not be required to and in addition to its other rights, in its discretion, use the amount of Suppressed Availability (i) to pay costs and expenses incurred by Borrowers or chargeable to Borrowers under this Agreement, (ii) to cure defaults of Borrowers or NSC under this Agreement, or by Borrower or NSC or any other Obligor under any of the other Financing Agreements or any other agreement of any Borrower or NSC Borrowers with any third party, (iii) to pay taxes of Borrowers or NSC and (iv) for, any other purpose permitted by, or to make any other payment which Lender is authorized to make, under this Agreement.
(b) If the amount of Suppressed Availability Availability, shall at any time be less than $1,800,000 500,000 Borrowers shall, at all times, on notice by Lender, immediately take such actions as are required by Lender, including delivery to Lender of additional Pledged Cash, cash collateral so that the amount of Suppressed Availability shall not be less than $1,800,000500,000.
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Suppressed Availability. (a) Borrowers Borrower shall, maintain with Lender, at all times after the date hereof, Suppressed Availability of not less than $1,800,000500,000. Lender may, but shall not be required to and in addition to its other rights, in its discretion, use the amount of Suppressed Availability (i) to pay costs and expenses incurred by Borrowers Borrower or chargeable to Borrowers Borrower under this Agreement, (ii) to cure defaults of Borrowers or NSC Borrower under this Agreement, or by Borrower or NSC or any other Obligor under any of the other Financing Agreements or any other agreement of any Borrower or NSC with any third party, (iii) to pay taxes of Borrowers or NSC Borrower and (iv) for, any other purpose permitted by, or to make any other payment which Lender is authorized to make, under this Agreement.
(b) If the amount of Suppressed Availability Availability, shall at any time be less than $1,800,000 Borrowers 500,000 Borrower shall, at all times, on notice by Lender, immediately take such actions as are required by Lender, including delivery to Lender of additional Pledged Cash, cash collateral so that the amount of Suppressed Availability shall not be less than $1,800,000500,000.
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Suppressed Availability. (a) Borrowers Borrower shall, maintain with Lender, at all times after the date hereof, Suppressed Availability of not less than $1,800,000. Lender may, but shall not be required to and in addition to its other rights, in its discretion, use the amount of Suppressed Availability (i) to pay costs and expenses incurred by Borrowers Borrower or chargeable to Borrowers the Borrower under this Extension Agreement, (ii) to cure defaults of Borrowers Borrower or NSC under this Extension Agreement, or by Borrower or NSC or any other Obligor under any of the other Financing Agreements or any other agreement of any Borrower or NSC with any third party, (iii) to pay taxes of Borrowers Borrower or NSC and (iv) for, any other purpose permitted by, or to make any other payment which Lender is authorized to make, under this Extension Agreement.
(b) If the amount of Suppressed Availability shall at any time be less than $1,800,000 Borrowers Borrower shall, at all times, on notice by Lender, immediately take such actions as are required by Lender, including delivery to Lender of 177 additional Pledged Cash, so that the amount of Suppressed Availability shall not be less than $1,800,000.
Appears in 1 contract
Sources: Extension and Modification and Security Agreement (Nutritional Sourcing Corp)