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. 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. By: ______________________________ Title: ______________________________
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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. 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. 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: ▇▇▇▇▇▇▇ B Page Title: Chief Financial Officer CAI International, Inc. By: Name: ▇▇▇▇▇▇▇ B Page Title: Chief Financial Officer
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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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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”);

  • Borrowing Base Certificate The Administrative Agent shall have received a completed Borrowing Base Certificate duly executed by a financial officer of the Borrower, setting forth the calculation of the initial Borrowing Base as of the last day of the month preceding the date of the initial Advance under the Revolving Facility or the initial Letter of Credit.

  • 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 Advance Rates of the Value of each Portfolio Investment (excluding any Cash Collateral held by the Administrative Agent pursuant to Section 2.05(k) or the last paragraph of Section 2.09(a)); provided that: (a) the Advance Rate applicable to that portion of the aggregate Value of the Portfolio Investments in a consolidated group of corporations or other entities (collectively, a “Consolidated Group”), in accordance with GAAP, that exceeds 10% of Shareholders’ Equity of the Borrower (which, for purposes of this calculation shall exclude the aggregate amount of investments in, and advances to, Financing Subsidiaries) shall be 50% of the Advance Rate otherwise applicable; provided that, with respect to the Portfolio Investments in a single Consolidated Group designated by the Borrower to the Administrative Agent such 10% figure shall be increased to 12.5%; (b) the Advance Rate applicable to that portion of the aggregate Value of the Portfolio Investments of all issuers in a Consolidated Group exceeding 20% of Shareholders’ Equity of the Borrower (which, for purposes of this calculation shall exclude the aggregate amount of investments in, and advances to, Financing Subsidiaries) shall be 0%; (c) the Advance Rate applicable to that portion of the aggregate Value of the Portfolio Investments in any single Industry Classification Group that exceeds 20% of Shareholders’ Equity of the Borrower (which for purposes of this calculation shall exclude the aggregate amount of investments in, and advances to, Financing Subsidiaries) shall be 0%; provided that, with respect to the Portfolio Investments in a single Industry Classification Group from time to time designated by the Borrower to the Administrative Agent such 20% figure shall be increased to 30% and, accordingly, only to the extent that the Value for such single Industry Classification Group exceeds 30% of the Shareholders’ Equity shall the Advance Rate applicable to such excess Value be 0%; (d) no Portfolio Investment may be included in the Borrowing Base unless the Collateral Agent maintains a first priority, perfected Lien (subject to Permitted Liens) on such Portfolio Investment and such Portfolio Investment has been Delivered (as such term is used in and to the extent required under Section 7.01(a) of the Guarantee and Security Agreement) to the Collateral Agent, and then only for so long as such Portfolio Investment continues to be Delivered as contemplated therein; (e) the portion of the Borrowing Base attributable to Performing Non-Cash Pay High Yield Securities, Performing Non-Cash Pay Mezzanine Investments, Equity Interests and Non-Performing Portfolio Investments shall not exceed 20%; (f) the portion of the Borrowing Base attributable to Equity Interests shall not exceed 10% (it being understood that in no event shall Equity Interests of Financing Subsidiaries be included in the Borrowing Base); (g) the portion of the Borrowing Base attributable to Non-Performing Portfolio Investments shall not exceed 15% and the portion of the Borrowing Base attributable to Portfolio Investments that were Non-Performing Portfolio Investments at the time such Portfolio Investments were acquired shall not exceed 5%; and (h) the portion of the Borrowing Base attributable to Portfolio Investments invested outside the United States, Canada, the United Kingdom, Australia, Germany, France, Belgium, the Netherlands, Luxembourg, Switzerland, Denmark, Finland, Norway and Sweden shall not exceed 5% without the consent of the Administrative Agent. As used herein, the following terms have the following meanings:

  • 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.