Borrowing Base Contributor definition

Borrowing Base Contributor means (a) in the case of the Company, (i) Swift Beef Company, a Delaware corporation, Swift Pork Company, a Delaware corporation, Swift Brands Company, a Delaware corporation, Xxxxxx Brothers Company, Inc., a Utah corporation, Xxxxxxx Food Distribution Company, a Colorado corporation, Swift & Company International Sales Corporation, a Colorado corporation, Xxxxxxx, Inc., a Delaware corporation, and S&C Resale Company, a Delaware corporation, as long as such companies are Wholly-Owned Subsidiaries of the Company and Domestic Subsidiary Guarantors and (ii) any other Wholly-Owned Subsidiary of the Company that is a Domestic Subsidiary Guarantor and whose designation as a "Borrowing Base Contributor" of the Company has been approved by the Administrative Agent in its sole discretion exercised commercially reasonably and (b) in the case of either Australian Borrower, (i) the Company and its Borrowing Base Contributors, (ii) the other Australian Borrower and (iii) any other Wholly-Owned Subsidiary of Australian Holdings that is a Guarantor and whose designation as a "Borrowing Base Contributor" of such Australian Borrower has been approved by the Administrative Agent in its sole discretion exercised commercially reasonably.
Sample 1
Borrowing Base Contributor means (i) in respect of Terra Capital, each of Terra Oklahoma, Port Xxxx, BMCH and Beaumont Ammonia, (ii) in respect of Terra UK, Terra UK and Terra Canada and (iii) in respect of TNLP, TNLP only.
Sample 1
Borrowing Base Contributor means (i) in respect of Terra Capital and MCC, each of Terra Capital, Terra Oklahoma, Port Xxxx, BMCH, Beaumont Ammonia and MCC and (ii) in respect of Terra UK, Terra UK and Terra Canada. Notwithstanding anything herein to the contrary, any Subsidiary of Terra Capital acquired or created after the Effective Date, including any Person acquired through a Permitted Acquisition, may become a Borrowing Base Contributor for purposes of calculating the Borrowing Base of any Borrower hereunder, if agreed to in writing by the Administrative Agent in its sole discretion.
Sample 1

More Definitions of Borrowing Base Contributor

Borrowing Base Contributor means each Borrower and each Borrowing Base Guarantor.
Sample 1

Related to Borrowing Base Contributor

  • Borrowing Base Assets means a collective reference to all Borrowing Base Assets in existence at any given time.

  • Borrowing Base Value means, with respect to any Oil and Gas Property of a Credit Party or any Swap Agreement in respect of commodities, the value the Administrative Agent attributed to such asset in connection with the most recent determination of the Borrowing Base as confirmed by Required Lenders.

  • Borrowing Base means, at any time of calculation, an amount equal to:

  • Borrowing Base Test means as of any date, a determination that (a) the lesser of (i) the Borrowing Base and (ii) the Facility Amount shall be equal to or greater than (b) the Advances Outstanding.

  • Borrowing Base Amount means, as of any date, an amount equal to the sum of:

  • Borrowing Base Report means a Borrowing Base Report for the Borrower signed by an Authorized Signatory of the Borrower and in substantially the form of Exhibit D attached hereto.

  • Domestic Borrowing Base means, at any time of calculation, an amount equal to:

  • Borrowing Base Properties means the Oil and Gas Properties of the Loan Parties included in the Initial Reserve Report and thereafter in the most recently delivered Reserve Report delivered pursuant to Section 8.12.

  • Borrowing Base Property means any one of the Borrowing Base Properties.

  • U.S. Borrowing Base means, as of any date of determination, the result of:

  • Foreign Borrowing Base means, as of any date, an amount equal to:

  • Borrowing Base Availability means, at the time of any determination, an amount equal to the lesser of the Borrowing Base at such time and the aggregate amount of the Commitments at such time.

  • Adjusted Borrowing Base means the Borrowing Base minus the aggregate amount of Cash and Cash Equivalents included in the Borrowing Base.

  • Aggregate Borrowing Base means as of any date of determination, an amount equal to (i) the sum of the SMP Borrowing Base and the SI Borrowing Base; less (ii) any Reserves except to the extent already deducted therefrom.

  • Canadian Borrowing Base means, at any time, an amount in Dollars equal to:

  • Proposed Borrowing Base has the meaning assigned to such term in Section 2.07(c)(i).

  • New Borrowing Base Notice has the meaning assigned such term in Section 2.07(d).

  • Borrowing Base Certificate means a certificate, signed and certified as accurate and complete by a Financial Officer of the Borrower Representative, in substantially the form of Exhibit H or another form which is acceptable to the Administrative Agent in its sole discretion.

  • Tranche A Borrowing Base means, at any time of calculation, an amount equal to:

  • Proposed Borrowing Base Notice has the meaning assigned to such term in Section 2.07(c)(ii).

  • Borrowing Availability means as of any date of determination the Maximum Amount less the sum of (i) the Revolving Loan and Swing Line Loan then outstanding and (ii) the Reserves as then in effect.

  • Eligible Inventory means and include Inventory of a Borrower, excluding work in process, valued at the lower of cost or market value, determined on a first-in-first-out basis, which is not, in Administrative Agent’s Permitted Discretion, obsolete, slow moving or unmerchantable and which Administrative Agent, in its Permitted Discretion, shall not deem ineligible Inventory, based on such considerations as Administrative Agent may from time to time deem appropriate including whether the Inventory is subject to a perfected, first priority security interest in favor of Administrative Agent and no other Lien (other than a Permitted Encumbrance). In addition, Inventory shall not be Eligible Inventory if it: (a) does not conform to all standards imposed by any Governmental Body which has regulatory authority over such goods or the use or sale thereof; (b) is Foreign In-Transit Inventory or in-transit within the United States; (c) is located outside the continental United States; (d) constitutes Consigned Inventory; (e) is the subject of an Intellectual Property Claim; (f) is subject to a License Agreement that limits, conditions or restricts the applicable Borrower’s or Administrative Agent’s right to sell or otherwise dispose of such Inventory, unless Administrative Agent is a party to a Licensor/Administrative Agent Agreement with the Licensor under such License Agreement (or Administrative Agent shall agree otherwise in its Permitted Discretion after establishing reserves against the Formula Amount with respect thereto as Administrative Agent shall deem appropriate in its sole discretion); (g) is situated at a location not owned by a Borrower unless the owner or occupier of such location has executed in favor of Administrative Agent a Lien Waiver Agreement (or Administrative Agent shall agree otherwise in its Permitted Discretion after establishing reserves against the Formula Amount with respect thereto as Administrative Agent shall deem appropriate in its Permitted Discretion); or (h) or if the sale of such Inventory would result in an ineligible Receivable.

  • Proved Developed Producing Reserves means Proved Reserves that are categorized as “Developed Producing Reserves” in the PRMS, “Proved Developed Nonproducing Reserves” means Proved Reserves that are categorized as “Developed Nonproducing Reserves” in the PRMS, and “Proved Undeveloped Reserves” means Proved Reserves that are categorized as “Undeveloped Reserves” in the PRMS.

  • Inventory Formula Amount means, with respect to any item of Eligible Inventory and at any time of determination, the lesser of (a) 65% of the lower of cost and market of such Inventory and (b) 85% of the Net Orderly Liquidation Value of such Inventory.

  • Proved Undeveloped Reserves means Proved Reserves which are categorized as “Undeveloped” in the Definitions.

  • Proved Developed Non-Producing Reserves means oil and gas reserves that, in accordance with Petroleum Industry Standards, are classified as both “Proved Reserves” and “Developed Non-Producing Reserves.”