FORM OF BORROWING BASE REPORT Sample Clauses

FORM OF BORROWING BASE REPORT. This Borrowing Base Report is dated as of , (this “Report”), and is delivered in accordance with the terms of the Third Amended and Restated Credit Agreement, dated as of November 17, 2008, among MxEnergy Inc., a Delaware corporation, and MxEnergy Electric Inc., a Delaware corporation (each individually, a “Borrower” and collectively, the “Borrowers”), MxEnergy Holdings Inc. and certain subsidiaries thereof, the lenders from time to time party thereto (the “Lenders”), and Société Générale, as Administrative Agent for the Lenders (as it may be amended, restated or other modified from time to time, the “Credit Agreement”, the capitalized terms of which are used herein unless otherwise defined herein). As of the of , 20 (the “Determination Date”), each Borrower hereby certifies the following calculations of the Borrowing Base and Borrowing Base Availability: (Note: Eligible Accounts, Eligible Exchange Accounts, Eligible Inventory, and Eligible LDC Residual Contract Rights must comply in all respects with the requirements of the Credit Agreement notwithstanding the fact that all such requirements are not contained in this Report.)
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FORM OF BORROWING BASE REPORT. This Borrowing Base Report is being delivered pursuant to that certain Credit Agreement dated as of May 30, 2003 (as amended, supplemented, restated or otherwise modified prior to the date hereof, the “Credit Agreement”), by and among Aventine Renewable Energy, Inc., a Delaware corporation (“Borrower”), Aventine Renewable Energy, LLC, a Delaware limited liability company to be renamed, JPMorgan Chase Bank, individually as a Lender, as Issuing Bank and as the Administrative Agent, and the other financial institutions now or hereafter parties thereto. The undersigned hereby certifies on behalf of Borrower that he/she is a Responsible Officer of Borrower and as such is authorized to execute this Borrowing Base Report on behalf of Borrower. All capitalized terms not defined herein shall have the meaning ascribed to them in the Credit Agreement. The undersigned, in his/her capacity as a Responsible Officer of Borrower and not in his/her individual capacity, further certifies, represents and warrants on behalf of Borrower that:
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FORM OF BORROWING BASE REPORT. Exhibit B to the Credit Agreement, the form of Borrowing Base Report, is hereby amended and restated to read as set forth in Third Amendment Exhibit A attached hereto.
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FORM OF BORROWING BASE REPORT. [For Month Ended ] This certificate dated as of , is prepared pursuant to the Credit Agreement dated as of August 30, 2006 (as amended, supplemented or otherwise modified from time to time, the “Credit Agreement”) among [Diamondback Holdings, LLC, a Delaware limited liability company][Diamondback Energy Services, Inc., a Delaware corporation]1 (the “Borrower”), certain subsidiaries of the Borrower, as guarantors, the lenders party thereto (the “Lenders”), and Fortis Capital Corp., as administrative agent for such Lenders (in such capacity, the “Administrative Agent”). Unless otherwise defined in this certificate, capitalized terms that are defined in the Credit Agreement shall have the meanings assigned to them by the Credit Agreement. The Borrower hereby certifies (a) that no Default or Event of Default has occurred or is continuing, (b) that all of the representations and warranties made by each of the Loan Parties in the Credit Agreement and the other Loan Documents (other than representations and warranties that related to a specific prior date) are true and correct in all material respects as if made on this date, and (c) that as of the date hereof, the following amounts and calculations were true and correct:
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FORM OF BORROWING BASE REPORT. The person who executes this Borrowing Base Report on behalf of the Borrower hereby certifies that he/she is an officer of the Borrower and in such capacity is authorized to execute this Borrowing Base Report on behalf of the Borrower, without personal liability, pursuant to an amended and restated credit agreement dated as of November •, 2009 (as amended, supplemented, restated or otherwise modified prior to the date hereof, the “Credit Agreement”) between Zellstoff Celgar Limited Partnership (the “Borrower”) and CIT Business Credit Canada Inc., in its capacity as Agent for the Lenders (the “Agent”). All capitalized terms not defined herein shall have the meaning ascribed to them in the Credit Agreement. The undersigned certifies, represents and warrants to the Agent as follows:
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FORM OF BORROWING BASE REPORT. The undersigned Container Leasing International, LLC (D/B/A CARLISLE LEASING INTERNATIONAL, LLC and/or SEACASTLE CONTAINER LEASING, LLC and/or SEACUBE CONTAINERS, LLC) (the “Borrower”) hereby certifies pursuant to the Fourth Amended and Restated Revolving Credit Agreement, dated as of November 3, 2010 (as amended and in effect from time to time, the “Credit Agreement”), among the Borrower, the Lenders party thereto and Deutsche Bank Trust Company Americas, as administrative agent for the Lenders, that (a) the information set forth in this Borrowing Base Report was true and correct as of the last day of the period specified herein, (b) this Borrowing Base Report has been prepared in accordance with the applicable provisions of the Credit Agreement and the various components thereof, and (c) as of the date of this Borrowing Base Report, there exists no Default or Event of Default or condition which would, with either or both the giving of notice or the lapse of time, result in a Default or Event of Default. Except as otherwise specified in this Borrowing Base Report, capitalized terms used herein without definition have the same meanings herein as in the Credit Agreement. CONTAINER LEASING INTERNATIONAL, LLC (D/B/A CARLISLE LEASING INTERNATIONAL, LLC and/or SEACASTLE CONTAINER LEASING, LLC and/or SEACUBE CONTAINERS, LLC) By: ______________________________ Title: ______________________________ Borrowing Base as of _______________, 20__.
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FORM OF BORROWING BASE REPORT. Each of the undersigned, Container Applications Limited (“CAL”) and CAI International, Inc. (“CAI” and, together with CAL, the “Credit Parties”) (as to itself), hereby certifies, pursuant to the Note Purchase Agreement, dated as of September 13, 2012 (as the same may be amended, restated, modified or supplemented and otherwise in effect from time to time, the “Note Purchase Agreement”), by and among the Credit Parties and the note purchasers listed in Schedule A (hereinafter, collectively, the “Purchasers”), that (a) the information set forth in this Borrowing Base Report was true and correct as of the last day of the period specified herein, (b) this Borrowing Base Report has been prepared in accordance with the applicable provisions of the Note Purchase Agreement and the various components thereof, and (c) as of the date of this Borrowing Base Report, there exists no Default or Event of Default. Except as otherwise specified in this Borrowing Base Report, capitalized terms used herein without definition have the same meanings herein as in the Note Purchase Agreement. Container Applications Limited By: Name: Xxxxxxx B Page Title: Chief Financial Officer CAI International, Inc. By: Name: Xxxxxxx B Page Title: Chief Financial Officer (to Note Purchase Agreement) Borrowing Base Worksheet Borrowing Base as of [___________]
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Related to FORM OF BORROWING BASE REPORT

  • Borrowing Base Report The Agent shall have received from the Borrower the initial Borrowing Base Report dated as of the Closing Date.

  • Borrowing Base Reports Within thirty (30) days after the last day of each month, aged listings of accounts receivable and accounts payable (by invoice date) (the “Borrowing Base Reports”);

  • Initial Borrowing Base Certificate Duly executed originals of an initial Borrowing Base Certificate from Borrower, dated the Closing Date, reflecting information concerning Eligible Accounts and Eligible Inventory of Borrower as of a date not more than seven (7) days prior to the Closing Date.

  • Borrowing Base Certificate The Administrative Agent shall have received a Borrowing Base Certificate which calculates the Borrowing Base as of the end of the month immediately preceding the Effective Date.

  • Calculation of Borrowing Base For purposes of this Agreement, the “Borrowing Base” shall be determined, as at any date of determination, as the sum of the products obtained by multiplying (x) the Value of each Eligible Portfolio Investment by (y) the applicable Advance Rate; provided that:

  • Execution of Loan Documents; Borrowing Base Certificate The Borrowers hereby empower and authorize the Borrower Representative, on behalf of the Borrowers, to execute and deliver to the Administrative Agent and the Lenders the Loan Documents and all related agreements, certificates, documents, or instruments as shall be necessary or appropriate to effect the purposes of the Loan Documents, including, without limitation, the Borrowing Base Certificates and the Compliance Certificates. Each Borrower agrees that any action taken by the Borrower Representative or the Borrowers in accordance with the terms of this Agreement or the other Loan Documents, and the exercise by the Borrower Representative of its powers set forth therein or herein, together with such other powers that are reasonably incidental thereto, shall be binding upon all of the Borrowers.

  • Borrowing Base Compliance After giving effect to the release of the Borrowing Base Property, the Total Outstandings will be less than or equal to the Maximum Loan Amount.

  • Determination of Borrowing Base The Borrowing Base at any time shall be determined by reference to the most recent Borrowing Base Certificate and Monthly Servicing Report delivered to the Administrative Agent.

  • Borrowing Base Certificates Prior to the occurrence of a Reporting Trigger Event (and after a Reporting Trigger Event has not existed for 30 consecutive days), Borrowers shall, by the 12th Business Day of each month, deliver to Agent (and Agent shall promptly deliver same to Lenders) a Borrowing Base Certificate prepared as of the close of business of the previous month, and at such other times as Agent may reasonably request. After the occurrence of a Reporting Trigger Event and until such time as a Reporting Trigger Event has not existed for 30 consecutive days, Borrowers shall, on or before 10:00 p.m. on the second Business Day of each week, deliver to Agent (and Agent shall promptly deliver same to Lenders) a Borrowing Base Certificate prepared as of the close of business of Friday of the immediately preceding week, and at such other times as Agent may reasonably request. All calculations of Availability in any Borrowing Base Certificate shall originally be made by Borrowers and signed by a Senior Officer or the Controller of Borrower Agent or its general partner, provided that Agent may in its Permitted Discretion from time to time review and adjust any such calculation (a) to reflect its reasonable estimate of declines in value of any Collateral, due to collections received in the Dominion Account or otherwise; and (b) to the extent the calculation is not made in accordance with this Agreement or does not accurately reflect the Availability Reserve. Furthermore, Borrower shall, on or before the Inventory Structuring Transaction Commencement Date applicable to each Permitted Inventory Structuring Transaction, deliver to Agent (and Agent shall deliver to Lenders) an updated Borrowing Base Certificate prepared as of the close of business of the month immediately preceding such Inventory Structuring Transaction Commencement Date, adjusted to exclude from the Borrowing Base (i) all Accounts of such Inventory Structuring Subsidiary owed by the applicable Inventory Structuring Counterparty, (ii) all Accounts of such Inventory Structuring Subsidiary which constitute or consist of insurance proceeds of any Hydrocarbon Inventory at any Inventory Structuring Location or any proceeds of such insurance proceeds, (iii) all Inventory of such Inventory Structuring Subsidiary at any Inventory Structuring Location, and (iv) without duplication of the foregoing, any cash or Cash Equivalents pledged to secured the obligations with respect to such Permitted Inventory Structuring Transaction. On or after the Inventory Structuring Transaction Termination Date with respect to any Permitted Inventory Structuring Transaction, Borrower Agent may deliver to Agent (and Agent shall deliver to Lenders) an updated Borrowing Base Certificate prepared as of the close of business of the immediately preceding month, adjusted to include in the Borrowing Base any Collateral previously excluded solely as a result of being subject to such Permitted Inventory Structuring Transaction, together with a certificate certifying that the Inventory Structuring Transaction Termination Date with respect to such Permitted Inventory Structuring Transaction has occurred, and such Collateral shall be eligible for inclusion in the Borrowing Base (subject to the requirements otherwise set forth in this Agreement).

  • Borrowing Base Redetermination Pursuant to Section 2.07, the Administrative Agent and the Lenders agree that for the period from and including the First Amendment Effective Date to but excluding the next Redetermination Date, the amount of the Borrowing Base shall be equal to $450,000,000. Notwithstanding the foregoing, the Borrowing Base may be subject to further adjustments from time to time pursuant to Section 2.07(e), Section 2.07(f) or Section 8.12(c). For the avoidance of doubt, the redetermination herein shall constitute the April 1, 2017 Scheduled Redetermination and the next Scheduled Redetermination shall be the October 1, 2017 Scheduled Redetermination.

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