Liquidity Maintenance Clause Samples

Liquidity Maintenance. 82 Section 9.12

Liquidity Maintenance. 77 SECTION 9.13 Limitations on Restricted Payments....................................................78 SECTION 9.14 Limitations on Dividends and Other Payment Restrictions Affecting Subsidiaries........79 SECTION 9.15 Limitations on Transactions with Affiliates...........................................80 SECTION 9.16 Limitations on Liens and Guarantees...................................................81 SECTION 9.17 Offer to Purchase upon a Change of Control Event......................................81 SECTION 9.18

Liquidity Maintenance. The Company shall cause the amount of Unencumbered Liquid Assets to be equal to or greater than $10,000,000 at all times.

Liquidity Maintenance. If on or before the effectiveness of termination of this Agreement, Finance reasonably and in good faith determines that it will have insufficient cash or other liquid assets to meet its payment obligations on Commercial Paper maturing on the date in respect of which such determination is made (each such date being a "Shortfall Date" and the amount of such insufficiency occurring on such Shortfall Date being the "Liquidity Shortfall" in respect of such Shortfall Date), and it shall have available no unused commitments under its lines of credit, credit agreements and other credit facilities with lenders other than Fuji, then Finance shall forthwith send to the Branch an Illiquidity Certification requesting Fuji, through the Branch, to make an advance to Finance in an amount not exceeding such Liquidity Shortfall (such advance being a "Liquidity Advance"), and, upon receipt by the Branch no later than 11:00 A.M. (New York City time) on such Shortfall Date of such Illiquidity Certification and an executed promissory note (which may be signed manually by facsimile) in the form of Exhibit C hereto (a "Liquidity Advance Note") in respect of such Liquidity Advance, the Branch shall make a Liquidity Advance in such amount on such Shortfall Date. Each Liquidity Advance shall be repayable on demand made at any time after the Business Day following the 29th day after the day on which such Liquidity Advance is made, shall bear interest on the unpaid principal amount thereof from the date of such Advance until the principal amount thereof shall be paid in full, payable in arrears on the maturity thereof (and, in the case of any overdue principal, on demand), at a rate of interest equal to a fluctuating interest rate per annum equal at all times to 1/4 of 1% per annum above, but on any overdue principal amount 1 1/4% per annum above, the rate of interest announced publicly by ▇▇▇▇▇▇ Guaranty Trust Company of New York in New York, New York from time to time as its prime commercial lending rate, and shall be prepayable by Finance, as a whole or in part, without premium, upon five Business days' prior written notice to Fuji; provided, however, that no repayment of a Liquidity Advance shall be made during the continuance of a default in the payment of any indebtedness of Finance for borrowed money which indebtedness is not by its terms subordinated to other indebtedness of Finance; and provided, further, that in no event shall Fuji's obligation pursuant to this Section 3 to...

Liquidity Maintenance. Permit Available Liquidity to be less than $14,000,000 at March 31, 2009 or to be less than $20,000,000 at June 30, 2009.”

Liquidity Maintenance. The Credit Parties will at all times maintain in the Investment Portfolio, free and clear of any and all Liens, assets consisting of cash, cash equivalents and Marketable Securities having a fair market value, calculated on a pre-tax basis, of not less than $100,000,000.

Liquidity Maintenance. So long as the aggregate outstanding principal amount of New Notes A and New Notes B exceeds $50,000,000, the Issuer shall not permit the amount of its consolidated cash/cash equivalent/marketable securities (“Consolidated Liquidity”), as of the last day of each fiscal quarter, to be less than an amount equal to the lesser of (i) $100 million plus 25% of the proceeds from the funding by one or more third party investors in connection with the Restructuring contemplated under the RSA and (ii) $200 million, provided that if the Issuer repays any New Notes, the amount of such repayment shall be added to increase the Consolidated Liquidity for purpose of determining compliance with this liquidity maintenance covenant in the two consecutive fiscal quarters immediately following such repayment. 1 For the avoidance of doubt, the limitations contained in Exhibit A would not apply to the potential payments by the Issuer or any of the Restricted Subsidiaries in connection with the following transactions: (1) potential fines and penalties by as well as settlement with the government authorities and their local counterparts, including but not limited to applicable tax bureau, ministry of finance and the US Department of Justice; (2) legal and advisory fees as well as any court or administrative fees related to the Restructuring; and (3) any other transaction approved by JPL and shareholder litigants covered by the Second Scheme, subject to the limitations set forth in clause b. (13).

Liquidity Maintenance. At all times from and after the Fourth Amendment Effective Date and prior to the IPO Date, the Borrowers will not permit the aggregate amount of all cash and Cash Equivalents of the Borrowers and the Subsidiary Guarantors, on a combined basis and without duplication, to be less than the sum of (i) $210,000,000, minus (ii) the sum of (x) the aggregate purchase price for all Senior Notes tendered in response to any offer to repurchase or redeem Senior Notes permitted under Section 13(h)(v) minus (y) the aggregate purchase price actually paid or deemed paid for such Senior Notes. For purposes of determining the Borrowers’ compliance with this Section 13(s), cash and Cash Equivalents of any Borrower or any Subsidiary Guarantor deposited with the Trustee pursuant to any offer to redeem Senior Notes permitted under Section 13(h)(v) shall constitute Cash and Cash Equivalents of such Borrower or such Subsidiary Guarantor until the date on which the Trustee is obligated to mail or deliver to each tendering holder of any Senior Notes the amount of the purchase price due such holder and any Senior Notes tendered by any such tendering holder shall be deemed paid on such date to the extent of the amounts deposited with the Trustee for such payment.

Liquidity Maintenance. The Company shall, at all times when the Senior Notes are not rated in an investment grade category by one or more nationally recognized statistical rating organizations, maintain Cash Equivalents with a value equal to at least 100% of the required interest payments due on the Senior Notes on the next succeeding semi-annual