Availability Analysis Sample Clauses

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.

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

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;

Availability Analysis. Availability, the crux of a constitutional disparity study, has been highly scrutinized by the courts. ▇▇▇▇▇▇ 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.” ▇▇▇▇▇ ▇▇▇▇▇▇▇ has prepared a comprehensive dataset of businesses in ▇▇▇▇▇▇ County in the performance of the 2019 Houston METRO Disparity Study. Businesses in ▇▇▇▇▇ ▇▇▇▇▇▇▇’▇ 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. The method ▇▇▇▇▇ ▇▇▇▇▇▇▇ used to compile the database of ▇▇▇▇▇▇ 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

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