Investments in Foreign Subsidiaries. Permit, at any time at which Unrestricted Cash is less than the dollar amount of the Total Revolving Commitment then in effect, the Borrower’s Foreign Subsidiaries to have either (i) aggregate total assets equal to or in excess of 30% of the aggregate total assets (excluding intangible assets (other than patents, patent licenses, copyrights, copyright licenses, trademarks, and trademark licenses) and goodwill) of the Borrower and its Subsidiaries tested as of the last day of the fiscal quarter then most recently ended for the trailing twelve (12) months ended on such date or (ii) revenues equal to or greater than 30% of the aggregate total revenues of the Borrower and its Subsidiaries, tested as of the last day of the fiscal quarter then most recently ended for the trailing twelve (12) months ended on such date.”
Appears in 2 contracts
Sources: Credit Agreement (Enernoc Inc), Credit Agreement (Enernoc Inc)