Liquidity Amount Sample Clauses

Liquidity Amount. On the Issue Date, (1) the Issuer and the Guarantors shall have $50,000,000 in any combination of cash, other liquid assets under their sole dominion and control on an unrestricted basis and not subject to any Lien (such cash and liquid assets, the “Guarantor Liquidity Assets”) and cash available to be borrowed by the Issuer or the Guarantors in U.S. dollars under any Credit Facility to which the Company is a party (but to which none of its Affiliates (other than the Issuer and Restricted Guarantors) is a party) (the “Guarantor Liquidity Facility”) for which all conditions to borrowing have been and remain satisfied (such $50,000,000 amount, the “Guarantor Liquidity Amount”) and the Company shall maintain such Liquidity Amount at all times and (2) the Restricted Subsidiaries that are not Guarantors shall have, and the Company shall cause the Restricted Subsidiaries that are not Guarantors to have, $50,000,000 (or an equivalent amount in other currencies) in any combination of cash, other liquid assets under their sole dominion and control on an unrestricted basis and not subject to any Lien (such cash and liquid assets, the “Non-Guarantor Liquidity Assets”) and cash available to be borrowed by any one or more of the Restricted Subsidiaries that are not Guarantors under any Credit Facility to which none of the Company’s Affiliates (other than the Company and any Restricted Subsidiaries) is a party (the “Non-Guarantor Liquidity Facility” and, together with the Guarantor Liquidity Facility, the “Liquidity Facilities”) for which all conditions to borrowing have been and remain satisfied (such $50,000,000 amount (or an equivalent amount in other currencies), the “Non-Guarantor Liquidity Amount”) and the Company shall cause the Non-Guarantor Liquidity Amount to be maintained at all times. The Liquidity Facilities shall only constitute Liquidity Facilities to the extent all conditions to borrowing thereunder are satisfied (other than any notice of borrowing that may be required) and the amount available under any Liquidity Facility shall be part of the Guarantor Liquidity Amount or the Non-Guarantor Liquidity Amount without duplication. Assets that constitute Guarantor Liquidity Assets shall not also constitute Non-Guarantor Liquidity Assets and vice versa. Notwithstanding the foregoing, the Guarantor Liquidity Assets and the Non-Guarantor Liquidity Assets may be subject to Permitted Liquidity Liens.

Liquidity Amount. The Borrower shall at all times maintain a minimum Liquidity Amount of $20 million, which such Liquidity Amount shall be tested on the last day of each Fiscal Quarter.

Liquidity Amount. At any time the Aggregate Borrowing Availability shall be less than $50,000,000, promptly upon the reasonable request of Agent, a certification of a Financial Officer of Borrower Representative (i) setting forth the Unrestricted Cash Amount and Liquidity Amount as of the date specified in such request (which date shall be a Business Day no earlier than one Business Day after the date of such request) and (ii) that no Financial Covenant Compliance Period has commenced since the previous such certification or, if a Financial Covenant Compliance Period has commenced, describing the date and cause of such commencement.

Liquidity Amount. Until the Cut-Off Date, the average daily Liquidity Amount for any five consecutive Business Days shall not be less than $85,000,000.

Liquidity Amount. Permit the Liquidity Amount to be less than $150,000,000 at any time during the Waiver Period.

Liquidity Amount. The Borrower shall procure that on the Completion Support Release Date all amounts of Completion Support remaining at that point in time are immediately contributed to it, by way of Subordinated Debt or as otherwise permitted by the Finance Documents (such amount constituting the “Liquidity Amount”) and deposited in the Liquidity Account and that no later than the Completion Support Release Date the Borrower shall grant or have granted Security in favour of the Security Agent in accordance with the definition of Liquidity Account. The Borrower may only apply any of the Liquidity Amount received by it (and any interest accrued thereon) in and towards the general corporate and working capital purposes of the Group, including any payment in or towards the payment of Project Costs, Debt Service, other payments under or in connection with the Finance Documents, the making of any Equity Cure and funding the Debt Service Reserve Account.” 1. Paragraph (c)(i) of Clause 5.5 (Limitation on Utilisations) of the Facilities Agreement shall be deleted in its entirety and replaced with the following paragraph: (i) principal, fees or other finance payments (or other amounts) (other than interest) payable under the Bondco Loan;” 1. Sub-clause 3.6.5 of the Term Loan Facility Disbursement Agreement shall be deleted in its entirety and replaced with the following sub-clause:

Liquidity Amount. (a) RESERVED (b) On the Closing Date, Subsidiary (acting by and through Holding Company), Cordish Affiliate and Escrowee shall each execute and deliver to each other that certain Liquidity Amount Escrow Agreement (the "LIQUIDITY AMOUNT ESCROW AGREEMENT") that is in the form attached hereto as EXHIBIT "1.3 (b)". At the Closing, the Holding Company, subject to the approval of Inland Affiliate, which approval shall not be unreasonably withhold, shall complete the blanks in the Liquidity Amount Escrow Agreement in accordance with the provisions of this Section 1.3. 1.3.2. On the Closing Date Inland Affiliate shall, by wire transfer of immediately available funds to the account designated by Escrowee, deposit with Escrowee a portion of the Capital Contribution equal to the LIQUIDITY AMOUNT (as that term is defined in Section 1.3.3 (b) hereof.) Escrowee shall invest, hold and disburse the Liquidity Amount in accordance with the terms of the Liquidity Amount Escrow Agreement. 1.3.3. (a) RESERVED

Liquidity Amount. (i) Permit the Liquidity Amount, as of the end of any fiscal quarter of the Borrower set forth below to be less than the amount indicated below opposite such fiscal quarter for the twelve month period ending on the last day of such fiscal quarter: March 31, 2012 $450 million June 30, 2012 $350 million September 30, 2012 $400 million (ii) Permit the Liquidity Amount, as of the end of any fiscal quarter of the Borrower occurring on or after December 31, 2012, to be less than the amount indicated below opposite the applicable Consolidated EBITDA for the twelve month period ending on the last day of such fiscal quarter: less than $400 million $500 million greater than or equal to $400 million and less than $600 million $400 million greater than or equal to $600 million and less than $850 million $300 million greater than or equal to $850 million No minimum Liquidity Amount

Liquidity Amount. Permit the Liquidity Amount to be less than $150,000,000 at any time during the Waiver Period.” (d) By adding “and, with respect to any Compliance Certificate delivered to the Administrative Agent or the Lenders that covers all or any portion of the Waiver Period, the occupancy (leased and tenant current on all payments under its lease) of each UAP Property contributing to or included in the Unencumbered Asset Pool Value” at the end of Section 6.02(a) of the Credit Agreement.