Excess Liquidity. At any time the amount by which the sum of the Borrower’s cash, excluding restricted cash, plus Availability exceeds $20,000,000.”
Excess Liquidity. Upon making the initial Loans (including such Loans made to finance the fees, costs, and expenses then payable under this Agreement) and issuing any Letters of Credit on the date of making the initial Loans, Undrawn Availability shall not be less than $25,000,000.
Excess Liquidity. As of the Closing, after giving effect to all payments and distributions to be made on the Effective Date of the Plan or required to be paid in respect of administrative and priority claims pursuant to the Plan, the Reorganized Debtors shall have Liquidity of at least one billion, two hundred fifty million dollars ($1,250,000,000) and Adjusted Excess Negative Availability of not more than five hundred eighty-nine million dollars ($589,000,000) and the Company shall have delivered to the Plan Investors at the Closing a certificate signed by its Chief Executive Officer and Chief Financial Officer, dated the Closing Date, in form and substance reasonably satisfactory to the Plan Investors, to the foregoing effect and such signatories shall have no personal liability as a result of signing such certificate. The parties to the Investment Agreement also agree that the term "Adjusted Excess Availability" shall be amended and restated in its entirety to read as follows:
Excess Liquidity. After giving effect to the initial Receivables Advance, the incurrence of any initial Letter of Credit Obligations and the consummation of the Related Transactions (on a pro forma basis, with the Credit Parties' trade payables being paid currently, and expenses and liabilities being paid in the ordinary course of business and without acceleration of sales) Debtor shall have Excess Liquidity of at least $25,000,000.
Excess Liquidity. As of the first day of any calendar month occurring after the First Amendment Effective Date, on which the Parent and its Subsidiaries collectively have cash and cash equivalents in excess of $50,000,000 (excluding proceeds from the issuance of capital stock other than capital stock that constitutes “Redeemable Stock” under the Senior Notes) such excess amount, the “Excess Liquidity Amount”, an amount equal to the sum of:
Excess Liquidity. Have Excess Liquidity plus Qualified Cash in an aggregate amount of least Ten Million Dollars ($10,000,000) at all times.
Excess Liquidity. Borrowers’ Excess Liquidity and Qualified Cash [was/was not] in an aggregate amount greater than or equal to the amount set forth in Section 7(a) of the Credit Agreement at all times for the period since delivery of the last Compliance Certificate.
Excess Liquidity. The Borrowers shall not permit at any date (x) prior to the earlier of (1) May 15, 2018 or (2) the election of Borrowers (the “Initial FC Period”), the Excess Liquidity for the Borrowers to be less than $5,000,000, or (y) after the expiration of the Initial FC Period, the Excess Liquidity for the Borrowers to be less than the greater of (a) 10% of the Line Cap or (b) $1,500,000.
Excess Liquidity. Administrative Agent shall have determined that immediately after Lenders have made the initial Loans and after Administrative Agent has issued or procured the initial Letters of Credit contemplated hereby, and the Loan Parties have paid (or, if accrued, treated as paid), all closing costs incurred in connection with the Closing Date Transactions, and has reserved an amount sufficient to pay all trade payables greater than sixty (60) days past due, Excess Liquidity shall not be less than $7,500,000.
Excess Liquidity. As of the Closing, after giving effect to all payments and distributions to be made on the Effective Date of the Plan or required to be paid in respect of administrative and priority claims pursuant to the Plan, the Reorganized Debtors shall have Liquidity of at least one billion, two hundred fifty million dollars ($1,250,000,000) and Adjusted Excess Availability of at least five hundred eighty-nine million dollars ($589,000,000) and the Company shall have delivered to the Plan Investors at the Closing a certificate signed by its Chief Executive Officer and Chief Financial Officer, dated the Closing Date, in form and substance reasonably satisfactory to the Plan Investors, to the foregoing effect and such signatories shall have no personal liability as a result of signing such certificate.
