Guidance Line of Credit. Lender may, in its sole and absolute discretion, enter into foreign currency forward contracts with Borrower from time to time from the date hereof to December 19, 2016 up to the aggregate amount of $6,500,000.00; provided, however, (i) that the Guidance Line Borrowing Base Usage shall not exceed the Borrowing Base minus all outstanding Advances and Letter of Credit Liabilities, and (ii) the term of any such foreign currency forward contract cannot exceed one (1) year and cannot extend past the Termination Date. No provision in this Agreement or any other Loan Document shall in any way obligate Lender to enter into any foreign currency forward contract with Borrower. Borrower shall execute any and all documents, instruments and agreements requested by Lender in connection with such forward contracts and such items shall be deemed to be Loan Documents for all purposes.” Section 2.05 Effective as of the date hereof, the definition of Collateral Account in Section 1.3 of that certain Pledge Agreement dated December 19, 2008 (as amended, the “Pledge Agreement”) between Borrower, Lender, and Borrower’s affiliates is hereby amended to read as follows:
Appears in 1 contract
Sources: Loan Agreement (Interphase Corp)
Guidance Line of Credit. Lender may, in its sole and absolute discretion, enter into foreign currency forward contracts with Borrower from time to time from the date hereof to December 19, 2016 2015 up to the aggregate amount of $6,500,000.00; provided, however, (i) that the Guidance Line Borrowing Base Usage shall not exceed the Borrowing Base minus all outstanding Advances and Letter of Credit Liabilities, and (ii) the term of any such foreign currency forward contract cannot exceed one (1) year and cannot extend past the Termination Date. No provision in this Agreement or any other Loan Document shall in any way obligate Lender to enter into any foreign currency forward contract with Borrower. Borrower shall execute any and all documents, instruments and agreements requested by Lender in connection with such forward contracts and such items shall be deemed to be Loan Documents for all purposes.”
Section 2.05 2.03 Effective as of the date hereof, Section 2.1(C)(i) of the definition of Collateral Account in Section 1.3 of that certain Pledge Loan Agreement dated December 19, 2008 (as amended, the “Pledge Agreement”) between Borrower, Lender, and Borrower’s affiliates is hereby amended to read as follows:
Appears in 1 contract
Sources: Loan Agreement (Interphase Corp)
Guidance Line of Credit. Lender may, in its sole and absolute discretion, enter into foreign currency forward contracts with Borrower from time to time from the date hereof to December 19, 2016 2013 up to the aggregate amount of $6,500,000.007,500,000.00; provided, however, (i) that the Guidance Line Borrowing Base Usage shall not exceed the Borrowing Base minus all outstanding Advances and Letter of Credit Liabilities, and (ii) the term of any such foreign currency forward contract cannot exceed one (1) year and cannot extend past the Termination Date. No provision in this Agreement or any other Loan Document shall in any way obligate Lender to enter into any foreign currency forward contract with Borrower. Borrower shall execute any and all documents, instruments and agreements requested by Lender in connection with such forward contracts and such items shall be deemed to be Loan Documents for all purposes.”
Section 2.05 2.03 Effective as of the date hereof, a new Section 2.1(C) shall be added to the definition of Collateral Account in Section 1.3 of that certain Pledge Loan Agreement dated December 19, 2008 (as amended, the “Pledge Agreement”) between Borrower, Lender, and Borrower’s affiliates is hereby amended to read as follows:
Appears in 1 contract
Sources: Loan Agreement (Interphase Corp)