Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 10 contracts
Samples: And Security Agreement (Air Industries Group), And Security Agreement (Air Industries Group), Revolving Credit and Security Agreement (Zanett Inc)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 6 contracts
Samples: Revolving Credit (Allied Motion Technologies Inc), Security Agreement (Bio Reference Laboratories Inc), Security Agreement (Sunsource Inc)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing AgentBorrower. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b15.2(b).
Appears in 6 contracts
Samples: Security Agreement (TCP International Holdings Ltd.), Revolving Credit and Security Agreement (Horsehead Holding Corp), Revolving Credit and Security Agreement (Horsehead Holding Corp)
Discretionary Rights. The Receivables Advance Rates Rate may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionPermitted Discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Receivables Advance Rates Rate or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 5 contracts
Samples: Credit and Security Agreement (Green Plains Inc.), Security Agreement (Green Plains Renewable Energy, Inc.), Security Agreement (Green Plains Renewable Energy, Inc.)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionPermitted Discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. Prior to the occurrence of an Event of Default, Agent shall give Borrowing Agent five (5) Business Days prior written notice of its intention to decrease any of the Advance Rates. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b)) hereof.
Appears in 5 contracts
Samples: Credit and Security Agreement (Quantum Corp /De/), Credit and Security Agreement (Quantum Corp /De/), Revolving Credit and Security Agreement (Quantum Corp /De/)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionPermitted Discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves Reserves may limit or restrict Advances requested by Borrowing Agent. Agent shall give Borrowing Agent five (5) Business Days prior written notice of its intention to decrease the Advance Rates. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 4 contracts
Samples: Credit and Security Agreement (ARKO Corp.), Credit and Security Agreement (ARKO Corp.), Credit and Security Agreement (ARKO Corp.)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in evaluating specific Receivables in the exercise of its good faith reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing AgentBorrower. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b15.2(b).
Appears in 4 contracts
Samples: Security Agreement (Perma Fix Environmental Services Inc), Security Agreement (Perma Fix Environmental Services Inc), Security Agreement (Perma Fix Environmental Services Inc)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionPermitted Discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. Agent shall give Borrowing Agent five (5) days prior written notice of its intention to decrease the Advance Rates. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 3 contracts
Samples: , and Security Agreement (Rocky Brands, Inc.), Guaranty, and Security Agreement (Rocky Brands, Inc.), Revolving Credit, Guaranty, and Security Agreement (Rocky Brands, Inc.)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b)Borrower.
Appears in 3 contracts
Samples: Credit and Security Agreement (Pc Connection Inc), Credit and Security Agreement (Pc Connection Inc), Subordination Agreement (Obsidian Enterprises Inc)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionPermitted Discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 3 contracts
Samples: Security Agreement (Valuevision Media Inc), Security Agreement (Sparton Corp), Security Agreement (Union Drilling Inc)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionPermitted Discretion, reasonably exercised. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves Reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 3 contracts
Samples: Credit and Security Agreement (Virco MFG Corporation), Revolving Credit and Security Agreement (Virco MFG Corporation), Security Agreement (Virco MFG Corporation)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time upon five days notice to Borrowing Agent in the exercise of its reasonable discretionPermitted Discretion based on the results of field examinations, audits or other collateral evaluations conducted from time to time. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 3 contracts
Samples: Revolving Credit and Security Agreement (IBEX LTD), Revolving Credit and Security Agreement (IBEX LTD), Revolving Credit and Security Agreement (IBEX Holdings LTD)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretiondiscretion in the exercise of its Permitted Discretion based on Agent’s review of updated Inventory appraisals, field examinations or other Collateral evaluations. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 3 contracts
Samples: Security Agreement (SMTC Corp), Revolving Credit and Security Agreement (SMTC Corp), Security Agreement (SMTC Corp)
Discretionary Rights. The Advance Rates may be increased or decreased by Administrative Agent at any time and from time to time in the exercise of its reasonable discretionPermitted Discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. The Notwithstanding anything to the contrary in the foregoing, the rights of Administrative Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 3 contracts
Samples: Security Agreement (Asv Holdings, Inc.), Security Agreement (A.S.V., LLC), Security Agreement (Manitex International, Inc.)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionsole judgment exercised in good faith. Each Borrower consents Borrowers consent to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing AgentBorrowers. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b15.2(b).
Appears in 2 contracts
Samples: Security Agreement (Dreams Inc), Security Agreement (Intcomex, Inc.)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances (other than the Term Loan) requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 2 contracts
Samples: Loan and Security Agreement (Integrated Biopharma Inc), Security Agreement (Integrated Biopharma Inc)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionPermitted Discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves Reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b)) hereof.
Appears in 2 contracts
Samples: Guaranty and Security Agreement (Dasan Zhone Solutions Inc), Guaranty and Security Agreement (Dasan Zhone Solutions Inc)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its commercially reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 2 contracts
Samples: Credit and Security Agreement (Akrion, Inc.), Credit and Security Agreement (Akrion, Inc.)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in good faith and in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights Agent shall give Borrowing Agent five (5) days prior written notice of Agent under this subsection are subject its intention to decrease the provisions of Section 16.2(b)Advance Rates.
Appears in 2 contracts
Samples: Security Agreement (Richton International Corp), Security Agreement (Richton International Corp)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionPermitted Discretion; provided that, Agent shall give Borrowing Agent three (3) days prior written notice of its intention to decrease the Advance Rates. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 2 contracts
Samples: Security Agreement (UniTek Global Services, Inc.), Security Agreement (UniTek Global Services, Inc.)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing AgentBorrower. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b15.2(b).
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Horsehead Holding Corp), Security Agreement (Horsehead Holding Corp)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. Agent shall give Borrowing Agent five (5) days prior written notice of its intention to decrease the Advance Rates. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 2 contracts
Samples: Security Agreement (Valuevision Media Inc), Security Agreement (Presstek Inc /De/)
Discretionary Rights. The Subject to Section 16.2(b)(vii), the Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights Agent shall give Borrowing Agent fifteen (15) Business Days prior written notice of Agent under this subsection are subject its intention to decrease the provisions of Section 16.2(b)Advance Rates.
Appears in 2 contracts
Samples: Security Agreement (Allegheny Technologies Inc), Security Agreement (Allegheny Technologies Inc)
Discretionary Rights. (i) The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights Agent shall give Borrowing Agent ten (10) days prior written notice of Agent under this subsection are subject its intention to decrease the provisions of Section 16.2(b)Advance Rates.
Appears in 2 contracts
Samples: Loan and Security Agreement (Bucyrus International Inc), Loan and Security Agreement (Bucyrus International Inc)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionin the exercise of its Permitted Discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. Agent shall give Borrowing Agent five (5) days prior written notice of its intention to decrease the Advance Rates. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 2 contracts
Samples: Security Agreement (Aventine Renewable Energy Holdings Inc), Security Agreement (Aventine Renewable Energy Holdings Inc)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in its sole judgment exercised in good faith. Agent will endeavor to provide Borrowers with notice prior to making any changes in the exercise of its reasonable discretionAdvance Rates but failure to provide such notice shall not invalidate any Advance Rate changes that may be instituted. Each Borrower consents Borrowers consent to any such increases or decreases and acknowledges acknowledge that decreasing the Advance Rates or increasing or imposing reserves Reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Daseke, Inc.), Revolving Credit and Security Agreement (Daseke, Inc.)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionPermitted Discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves Reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 2 contracts
Samples: Revolving Credit and Security Agreement (Build-a-Bear Workshop Inc), Revolving Credit and Security Agreement (Build a Bear Workshop Inc)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretiondiscretion for reasons such as an increase in dilution with respect to the Receivables. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights Agent shall give Borrowing Agent five (5) days prior written notice of Agent under this subsection are subject its intention to decrease the provisions of Section 16.2(b)Advance Rates.
Appears in 1 contract
Samples: Revolving Credit (Graham Field Health Products Inc)
Discretionary Rights. The Subject to the provisions of Section 15.2(b), the Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretiondiscretion based upon the lending practices of Agent, consistent with criteria customary in the commercial finance industry generally. Agent shall give Borrowing Agent not less than two (2) Business Days prior written notice of its determination to decrease the Advance Rates. Each Borrower consents to any such increases or decreases and acknowledges acknowledge that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b)such Borrower.
Appears in 1 contract
Samples: Financing Agreement (Cpac Inc)
Discretionary Rights. The Subject to Section 16.2, the Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b)."
Appears in 1 contract
Samples: Security Agreement (Lesco Inc/Oh)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionPermitted Discretion with respect to all or a subset of Receivables. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves Reserves may limit or restrict Advances requested by Borrowing Agent. Agent shall give Borrowing Agent five (5) Business Days prior written notice of its intention to decrease the Advance Rates. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 1 contract
Discretionary Rights. The Advance Rates may be increased or with the consent of the Required Lenders, decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents The Borrowers consent to any such increases or decreases and acknowledges acknowledge that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b)any Borrower.
Appears in 1 contract
Samples: Agreement (Styrochem U S Inc)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing AgentBorrower. The rights Agent shall use commercially reasonable efforts to give Borrower five (5) days prior written notice of Agent under this subsection are subject its intention to decrease the provisions of Section 16.2(b)Advance Rates.
Appears in 1 contract
Samples: Credit and Security Agreement (Badger Paper Mills Inc)
Discretionary Rights. The Advance Rates may be increased or -------------------- decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b)Borrower.
Appears in 1 contract
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretioncredit judgment. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 1 contract
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents Borrowers consent to any such increases or decreases and acknowledges acknowledge that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 1 contract
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionsole judgment exercised in good faith. Each Borrower consents Borrowers consent to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b)Borrowers.
Appears in 1 contract
Samples: Revolving Credit (Teamstaff Inc)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing AgentBorrowers. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b15.2(b).
Appears in 1 contract
Samples: Revolving Creditandsecurity Agreement (TCP International Holdings Ltd.)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in evaluating specific Receivables in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing AgentBorrower. The rights Agent shall give Borrower five (5) days prior written notice of Agent under this subsection are subject its intention to decrease the provisions of Section 16.2(b)Advance Rates.
Appears in 1 contract
Samples: Security Agreement (Perma Fix Environmental Services Inc)
Discretionary Rights. The Advance Rates may be increased or decreased by the Agent at any time and from time to time in the exercise of its reasonable discretionPermitted Discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by the Borrowing Agent. The rights of the Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 1 contract
Discretionary Rights. The Advance Rates may be increased or -------------------- decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. Agent shall give Borrowing Agent five (5) Business Days prior written notice of its intention to decrease the Advance Rates. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 1 contract
Samples: Air Methods Corp
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable sole discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 1 contract
Discretionary Rights. The Advance Rates may be increased or -------------------- with the consent of the Required Lenders, decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents Borrowers consent to any such increases or decreases and acknowledges acknowledge that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b)any Borrower.
Appears in 1 contract
Samples: Credit and Security Agreement (Styrochem International Inc)
Discretionary Rights. The Subject to the provisions of Section 15.2, the Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b)Borrower.
Appears in 1 contract
Samples: Philipp Brothers Chemicals Inc
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionPermitted Discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves Reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b17.2(b).
Appears in 1 contract
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time upon two (2) days prior written notice to the Borrower (however, no notice shall be required after a Default or an Event of Default has occurred and is continuing) in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 1 contract
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionPermitted Discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b)Borrower.
Appears in 1 contract
Samples: Security Agreement (Blonder Tongue Laboratories Inc)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretiongood faith business judgment. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing AgentBorrower. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b15.2(b).
Appears in 1 contract
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its commercially reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing AgentBorrower. The rights Agent shall give Borrower five (5) days prior written notice of Agent under this subsection are subject its intention to decrease the provisions of Section 16.2(b)Advance Rates.
Appears in 1 contract
Samples: Security Agreement (Kenexa Corp)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing any reserves may limit or restrict Advances requested by Borrowing AgentBorrower. The rights of Agent under this subsection Section 2.1(b) are subject to the provisions of Section 16.2(b15.2(b).
Appears in 1 contract
Samples: Loan and Security Agreement (Vision-Ease Lens CORP)
Discretionary Rights. The Advance Rates may be increased or with -------------------- the consent of the Required Lenders, decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents Borrowers consent to any such increases or decreases and acknowledges acknowledge that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b)any Borrower.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Styrochem International LTD)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b)Borrower.
Appears in 1 contract
Samples: Loan and Security Agreement (Philipp Brothers Chemicals Inc)
Discretionary Rights. The Advance Rates Rate may be increased or -------------------- decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates Rate or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights Agent shall give Borrowing Agent five (5) Business Days prior written notice of Agent under this subsection are subject its intention to decrease the provisions of Section 16.2(b)Advance Rates.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Eltrax Systems Inc)
Discretionary Rights. The Subject to Section 16.2(b)(vii), the Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights Agent shall give Borrowing Agent five (5) days prior written notice of Agent under this subsection are subject its intention to decrease the provisions of Section 16.2(b)Advance Rates.
Appears in 1 contract
Discretionary Rights. The Advance Rates may be increased or decreased by Agent the Lender at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by the Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 1 contract
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretioncredit judgment. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing AgentBorrower. The rights Agent shall use reasonable efforts to give Borrower five (5) days prior written notice of Agent under this subsection are subject its intention to decrease the provisions of Section 16.2(b)Advance Rates.
Appears in 1 contract
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionPermitted Discretion, reasonably exercised. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves Reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).. 2.2
Appears in 1 contract
Samples: Credit and Security Agreement (Virco MFG Corporation)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing AgentBorrower. The rights Agent shall give Borrower five (5) days prior written notice of Agent under this subsection are subject its intention to decrease the provisions of Section 16.2(b)Advance Rates.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Cygne Designs Inc)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionPermitted Discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing AgentBorrower. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 1 contract
Discretionary Rights. The Advance Rates may be increased or (i) decreased by Agent at any time and from time to time in the exercise of its reasonable Permitted Discretion or (ii) increased by Agent at any time and from time to time in the exercise of its sole discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent Agents under this subsection are subject to the provisions of Section 16.2(b).
Appears in 1 contract
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionPermitted Discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).by
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Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b)Borrower.”
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Discretionary Rights. The Subject to Section 16.2, the Inventory Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Inventory Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 1 contract
Samples: Security Agreement (Lesco Inc/Oh)
Discretionary Rights. The Subject to Section 16.2(b)(vii), the Advance Rates may be increased or decreased by the Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by the Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
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Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionPermitted Discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b)Borrower.
Appears in 1 contract
Samples: Credit, Term Loan and Security Agreement (Aaf McQuay Inc)
Discretionary Rights. The Advance Rates may be increased (subject to Section 16.2(b)) or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionReasonable Discretion. Each Borrower consents The Borrowers consent to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves the Reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b)Borrowers.
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Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionPermitted Discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. Agent shall use reasonable effects to provide Borrowing Agent five (5) days prior written notice of its intention to decrease the Advance Rates. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 1 contract
Samples: Collateral Pledge Agreement (Universal Logistics Holdings, Inc.)
Discretionary Rights. The Subject to Section 16.2 hereof, the Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents , based on such considerations as Agent may in good faith from time to time deem reasonably appropriate (such reasonable discretion standard of the Agent at the time of any such increases or decreases and acknowledges that decreasing decrease in the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. The rights shall be based on a reasonableness standard of Agent under this subsection are subject to the provisions of Section 16.2(b).financial
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Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionReasonable Discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. Agent shall give Borrowing Agent five (5) days prior written notice of its intention to decrease the Advance Rates. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
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Discretionary Rights. The Advance Rates may be increased or --------------------- decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b)Borrowers.
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Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Revolving Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 1 contract
Samples: Credit and Security Agreement (Vista Information Solutions Inc)
Discretionary Rights. The Advance Rates may be increased -------------------- by the Agent, with the consent of the Required Lenders, or decreased by Agent the Agent, with the consent of the Required Lenders, at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents Borrowers consent to any such increases or decreases and acknowledges acknowledge that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b)any Borrower.
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Discretionary Rights. The Subject to Section 16.2, the Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 1 contract
Samples: Security Agreement (Lesco Inc/Oh)
Discretionary Rights. The Advance Rates and Reserves may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves the Reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 1 contract
Samples: Loan and Security Agreement (Stanadyne Automotive Corp)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. Agent shall give Borrowing Agent five (5) days prior written notice of its intention to decrease the Advance Rates. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b)) hereof.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Image Entertainment Inc)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretioncredit judgment exercised in good faith. Each Borrower consents Borrowers consent to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing AgentBorrowers. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b15.2(b).
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Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionPermitted Discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b). 2.2.
Appears in 1 contract
Samples: Cca Industries Inc
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionPermitted Discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 1 contract
Samples: Security Agreement (Gaiam, Inc)
Discretionary Rights. The Subject to Section 16.2(b)(vii), the Advance Rates may be increased or decreased by the Agent at any time and from time to time in the exercise of its reasonable discretionbusiness judgment (from the perspective of a secured asset-based lender). Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by the Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 1 contract
Samples: Security Agreement (Lesco Inc/Oh)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionPermitted Discretion based on Agent’s review of updated Inventory appraisals, field examinations or other Collateral evaluations. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 1 contract
Samples: Security Agreement (Crocs, Inc.)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b)Borrower.
Appears in 1 contract
Samples: Revolving Credit and Security Agreement (Warner Chilcott PLC)
Discretionary Rights. The Advance Rates Rate may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionPermitted Discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates Rate or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. Agent shall give Borrowing Agent not less than five (5) Business Days prior written notice of its intention to decrease the Advance Rate. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b).
Appears in 1 contract
Samples: Security Agreement (Enservco Corp)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the good faith exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or imposing or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b)Borrower.
Appears in 1 contract
Samples: Revolving Credit, Equipment Loan and Security Agreement (McMS Inc)
Discretionary Rights. The Advance Rates may be increased or (i) decreased by Agent at any time and from time to time in the exercise of its reasonable discretion or (ii) increased by Required Lenders at any time and from time to time in the exercise of their reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing AgentBorrower. The rights Agent shall give Borrower five (5) days prior written notice of Agent under this subsection are subject to any decrease in the provisions of Section 16.2(b)Advance Rates.
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Discretionary Rights. The Subject to Section 16.2, the Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing AgentBorrower. The rights Agent shall give Borrower five (5) days' prior written notice of Agent under this subsection are subject its intention to decrease the provisions of Section 16.2(b)Advance Rates.
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Discretionary Rights. The Advance Rates may only be increased or decreased by the Agent with the consent of all Lenders, at any time and from time to time in the exercise of its their reasonable discretion. Each Borrower consents Agent shall have the right, in its sole discretion, to institute reserves hereunder; provided however, that Agent may not release any reserves so established without the consent of all Lenders. Borrowers consent to any such increases or decreases and acknowledges acknowledge that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b)any Borrower.
Appears in 1 contract
Samples: Radnor Holdings Corp
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights Agent shall give Borrowing Agent ten (10) days prior written notice of Agent under this subsection are subject its intention to decrease the provisions of Section 16.2(b)Advance Rates.
Appears in 1 contract
Samples: Loan and Security Agreement (Bucyrus International Inc)
Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretionPermitted Discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing AgentBorrower. In the absence of a Default or an Event of Default, Agent shall give Borrower five (5) days prior written notice of its intention to decrease the Advance Rates. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b15.2(b).
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Discretionary Rights. The Advance Rates may be increased or decreased by the Administrative Agent (with the consent of the other Lenders to the extent such consent is necessary under Section 15.2 hereof with respect to increases in the Advance Rates above those in effect on the Closing Date) at any time and from time to time in the good faith exercise of its reasonable discretion. Each The Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or imposing or increasing or imposing reserves may limit or restrict Facility Advances requested by Borrowing Agent. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b)Borrower.
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Discretionary Rights. The Advance Rates may be increased or decreased by Agent at any time and from time to time in the exercise of its reasonable discretioncredit judgment. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing reserves may limit or restrict Advances requested by Borrowing Agent. Agent shall give Borrowers five (5) Business Days prior written notice of its intention to decrease the Advance Rates or impose reserves. The rights of Agent under this subsection are subject to the provisions of Section 16.2(b)) hereof.
Appears in 1 contract
Samples: Security Agreement (Emtec Inc/Nj)
Discretionary Rights. The Advance Rates may be increased or -------------------- decreased by Agent at any time and from time to time in the exercise of its reasonable discretion. Each Borrower consents to any such increases or decreases and acknowledges that decreasing the Advance Rates or increasing or imposing the reserves may limit or restrict Advances requested by Borrowing Agent. The rights Agent shall give Borrowing Agent five (5) Business Days prior written notice of Agent under this subsection are subject its intention to decrease the provisions of Section 16.2(b)Advance Rates.
Appears in 1 contract
Samples: Air Methods Corp