Availability Analysis Sample Clauses

Availability Analysis. Within thirty (30) days after the end of each quarter, a completed Availability Analysis in the form of Exhibit 9.5(h), and such other information as the Agent may have reasonably requested to determine the accuracy of such calculation, calculated as of the end of the preceding quarter.
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Availability Analysis. Together with the financial statements furnished by the Company under Section 9.5(a) and Section 9.5(b), a completed Availability Analysis in the form of Exhibit 9.5(h), and such other information as the Agent may have reasonably requested to determine the accuracy of such calculation, calculated as of the end of the preceding quarter.
Sample 1
Availability Analysis. Together with the financial statements furnished by the Company under the preceding clauses (a) and (b), a completed Availability Analysis in the form of Exhibit M, and such other information as the Agent may have reasonably requested to determine the accuracy of such calculation, calculated as of the end of the preceding fiscal quarter; provided, however, in the case of calculations based on financial statements of any Acquisition consummated in the preceding fiscal quarter not audited by a nationally recognized accounting firm THIRD AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT
Sample 1
Availability Analysis. Within 10 Business Days of the end of each month, a completed Availability Analysis in the form of Exhibit 5.5(f), and such other information as the Agent may have reasonably requested to determine the accuracy of such calculation, calculated as of the end of the preceding month;
Sample 1
Availability Analysis. Together with the financial statements furnished by the Company under the preceding clauses (a) and (b), a completed Availability Analysis in the form of Exhibit M, and such other information as the Agent may have reasonably requested to determine the accuracy of such calculation, calculated as of the end of the preceding fiscal quarter; provided, however, in the case of calculations based on financial statements of any Acquisition consummated in the preceding fiscal quarter not audited by a nationally recognized accounting firm reasonably acceptable to the Agent, the Agent shall be satisfied that the consolidated EBITDA of the Auto Dealer so acquired pursuant to the proposed Acquisition exceeded zero for such period; and
Sample 1
Availability Analysis. Availability, the crux of a constitutional disparity study, has been highly scrutinized by the courts. Xxxxxx defines “availability” as the number of businesses in the jurisdiction’s geographic market area which are willing and able to provide goods or services. Circuit courts have addressed the issue of ability, the legal principle commonly known as capacity. A constitutionally sound analysis that calculates availability must address capacity of the willing businesses to perform the jurisdiction’s contracts. The methodology to enumerate willing and able businesses within the market area is based on two factors: 1) interest in doing business with the County, as implied by the term “willing,” and 2) ability or capacity to provide a service or goods, as implied by the term “able.” Xxxxx Xxxxxxx has prepared a comprehensive dataset of businesses in Xxxxxx County in the performance of the 2019 Houston METRO Disparity Study. Businesses in Xxxxx Xxxxxxx’x dataset provide the full array of goods and services a county government procures. Once the market area is defined, in accordance with the analysis described above, the relevant businesses listed in the Houston METRO database will be identified. Building upon our database of market area businesses identified in performing the METRO disparity study additional research will be undertaken to identify other market area businesses willing to contract with the County. Chart 1: Determination of Availability Willing Businesses which confirm their interest in working with the City Able Businesses with the ability/capacity to work with the City The method Xxxxx Xxxxxxx used to compile the database of Xxxxxx County businesses was both rigorous and court-approved in both the Fifth Federal Circuit Court of Appeal7 and the Seventh Federal Circuit Court of Appeal.8
Sample 1

Related to Availability Analysis

  • Quantitative Analysis Quantitative analysts develop and apply financial models designed to enable equity portfolio managers and fundamental analysts to screen potential and current investments, assess relative risk and enhance performance relative to benchmarks and peers. To the extent that such services are to be provided with respect to any Account which is a registered investment company, Categories 3, 4 and 5 above shall be treated as “investment advisory services” for purposes of Section 5(b) of the Agreement.”

  • Risk Analysis The Custodian will provide the Fund with a Risk Analysis with respect to Securities Depositories operating in the countries listed in Appendix B. If the Custodian is unable to provide a Risk Analysis with respect to a particular Securities Depository, it will notify the Fund. If a new Securities Depository commences operation in one of the Appendix B countries, the Custodian will provide the Fund with a Risk Analysis in a reasonably practicable time after such Securities Depository becomes operational. If a new country is added to Appendix B, the Custodian will provide the Fund with a Risk Analysis with respect to each Securities Depository in that country within a reasonably practicable time after the addition of the country to Appendix B.

  • Escrow Analysis If applicable, with respect to each Mortgage Loan, the Seller has within the last twelve months (unless such Mortgage was originated within such twelve month period) analyzed the required Escrow Payments for each Mortgage and adjusted the amount of such payments so that, assuming all required payments are timely made, any deficiency will be eliminated on or before the first anniversary of such analysis, or any overage will be refunded to the Mortgagor, in accordance with RESPA and any other applicable law;

  • Independent Analysis Each Party hereby confirms that its decision to execute this Agreement has been based upon its independent assessment of documents and information available to it, as it has deemed appropriate.

  • Research Analyst Independence The Company acknowledges that the Underwriters’ research analysts and research departments are required to be independent from their respective investment banking divisions and are subject to certain regulations and internal policies, and that such Underwriters’ research analysts may hold views and make statements or investment recommendations and/or publish research reports with respect to the Company and/or the offering that differ from the views of their respective investment banking divisions. The Company hereby waives and releases, to the fullest extent permitted by law, any claims that the Company may have against the Underwriters with respect to any conflict of interest that may arise from the fact that the views expressed by their independent research analysts and research departments may be different from or inconsistent with the views or advice communicated to the Company by such Underwriters’ investment banking divisions. The Company acknowledges that each of the Underwriters is a full service securities firm and as such from time to time, subject to applicable securities laws, may effect transactions for its own account or the account of its customers and hold long or short positions in debt or equity securities of the companies that may be the subject of the transactions contemplated by this Agreement.

  • Financial Tests The Company hereby certifies and warrants to you that the following is a true and correct computation as at the Computation Date of the following ratios and/or financial restrictions contained in the Credit Agreement:

  • Overview (a) The Employer is committed to maintaining a stable and skilled workforce, recognising its contribution to the operation of the Employer. As such, full time direct and ongoing employment is a guiding principle of this Agreement.

  • Financial testing The financial covenants set out in Clause 20.2 (Financial condition) shall be tested by reference to each of the financial statements and/or each Compliance Certificate delivered pursuant to Clause 19.2 (Compliance Certificate).

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