Availability Determination Clause Samples
Availability Determination. Availability will be determined by the Lender in accordance with the terms of this Agreement, each day on the basis of such relevant information as the Lender deems appropriate to consider, including the collateral summary reports and such other information regarding the Accounts and the Inventory as the Lender shall obtain from the Borrower.
Availability Determination. After ▇▇▇▇▇▇ receives the last of the information required under subsection B of this Section 2, Lender shall determine whether Borrower is entitled to receive an advance under the Loan and advise Borrower of the amount that Borrower may request be advanced under the Loan, and until the earlier of the date during the next calendar month that Borrower provides Lender with the last of the information required under subsection B of this Section 2 or the end of the next calendar month, Borrower may request advances under the Loan not to exceed such amount so long as Borrower is otherwise entitled to receive advances under the Loan under the other provisions contained in this Agreement and in the other Loan Documents. If, after ▇▇▇▇▇▇ receives the last of the information required under subsection B of this Section 2, Lender determines that the outstanding principal balance of the Loan exceeds the Borrowing Base Limitation, Borrower shall be required to reduce the outstanding principal balance of the Loan to an amount equal to or less than the Borrowing Base Limitation within five business days after Lender notifies Borrower thereof.
Availability Determination. If Roche decides to nominate Nomination Targets under this Section 2.2.2, Roche shall notify MRT in writing via the Alliance Director of its desire to nominate Nomination Targets, specifying the protein targets (“Designated Target Notice”). [***] after MRT receipt of the Designated Target Notice, MRT shall confirm whether or not the designated new protein target(s) as set forth in the Designated Target Notice (“Designated Target”) is Available at the time of receipt of such Designated Target Notice by MRT. If the Designated Target is not Available, MRT shall explain underlying reasons why the Designated Target is not Available, [***].