Liquidity Test Date definition
Examples of Liquidity Test Date in a sentence
If the financial advisors to the Debtors and the financial advisors to the Backstop Participants are unable to reach agreement on the Minimum Liquidity Test Date as to the determinations in (1) and (2) above, then the parties shall seek a determination as to any such dispute from the Bankruptcy Court on the next Business Day after the Minimum Liquidity Test Date, to be heard on an expedited basis such that the Plan Effective Date shall not be delayed.
During the Liquidity Period, no later than 3 Business Days after each Liquidity Test Date, a calculation of Liquidity (determined in good faith by the Borrower) (the “Liquidity Calculation”), as of such Liquidity Test Date.
If, after giving effect to the foregoing recalculation, the requirements of Section 6.16(a) would be satisfied, then the requirements of Section 6.16(a) shall be deemed satisfied as of the relevant Liquidity Test Date with the same effect as though there had been no failure to comply therewith at such date, and the applicable breach or default of Section 6.16(a) that had occurred (or would have occurred) shall be deemed cured for the purposes of this Agreement.
With respect to Section 6.10(a), if the Borrower or any Obligor fails to maintain Liquidity of at least $50,000,000 as of any Liquidity Test Date, the Borrower shall have five (5) Business Days from such Liquidity Test Date to achieve Liquidity of at least $50,000,000 (the “Liquidity Grace Period”); provided, that no Credit Extension shall be made during any Liquidity Grace Period.
On any Liquidity Test Date occurring solely during the Liquidity Period, the Borrower shall not permit Liquidity to be less than $10,000,000.