AVAILABLE AMOUNTS. For the purpose of Condition 5(f) the Note Trustee shall not be satisfied that the Trustee will be in a position to discharge the liabilities referred in their relevant Conditions unless, either:
(a) the Trustee will have available to it sufficient cash in the Collection Account and sufficient Authorised Investments which will mature on or before the relevant Payment Date after making any other payments or provisions having priority in order of application under the applicable provisions of the Security Trust Deed; or
(b) the Trustee has entered into a legally binding contract with an entity either whose long term unsecured and unguaranteed debt is rated AA- by S&P and Aa2 by Xxxxx'x or whose short term unsecured and unguaranteed debt securities are rated A-1 by S&P and P-1 by Xxxxx'x to provide sufficient cash on or before the relevant Payment Date to enable the Trustee to discharge the relevant liabilities, and in each circumstance the Trust Manager has certified to the Note Trustee that the requirements of clause 7.4(a) or (b) have been met and the Note Trustee shall be entitled to rely on such certification.
AVAILABLE AMOUNTS. 3.1. The Available Amounts as at the Effective Date are set out in Schedule 4.
3.2. The Manager shall be responsible for drawing down the Available Amounts in accordance with the terms of the Funders' Requirements and the Governing Documents.
3.3. The Manager is required to use its reasonable endeavours to invest on behalf of the Partnership the Available Amounts, in accordance with the profile set out in the Business Plan and with a view to achieving the Output Measures specified in the IOGs. Any reduction in the amount of the Available Amounts shall be applied in reducing the Available Amounts and Output Measures in such proportions as shall be specified by the Holding Fund.
3.4. The Available Amounts may be increased or reduced from time to time in accordance with the provisions set out in Schedule 6.
AVAILABLE AMOUNTS. If any Existing Preferred Stock and/or Existing Subordinated Notes are outstanding, the sum of the Available Revolving Credit Commitments after giving effect to such Extension of Credit shall be greater than or equal to the lesser of (i) the aggregate redemption price and projected unpaid accrued dividends and/or interest to the next dividend and/or interest payment date on the Existing Preferred Stock and/or Existing Subordinated Notes and (ii) the aggregate amount that would be required to covenant defease the Existing Exchange Debentures and/or Existing Subordinated Notes as required by subsection 12.9. Each borrowing by the Company hereunder and the issuance of each Letter of Credit by each Issuing Lender hereunder shall constitute a representation and warranty by the Company as of the date of such borrowing or issuance that the conditions in clauses (a), (b) and (c) of this subsection 11.3 have been satisfied.
AVAILABLE AMOUNTS. After taking into consideration the making of the applicable Construction Loan and Sponsor Support Payments, the funds available to the Borrower shall not be less than the aggregate unpaid amount required to cause the Commercial Operations Date to occur in accordance with all Legal Requirements, the Project Contracts and the Credit Documents prior to the Date Certain and to pay or provide for all anticipated non-construction Project Costs, all as set forth in the then current Project Budget, as confirmed by the Independent Engineer.
AVAILABLE AMOUNTS. For the purpose of Condition 5 of each Class of Offshore Notes, the Note Trustee shall not be satisfied that the Trustee will be in a position to discharge the liabilities referred to in those Conditions unless, either:
(a) the Trustee will have available to it sufficient cash in the Collection Account and sufficient Authorised Investments which will mature on or before the relevant Payment Date after making any other payments or provisions having priority in order of application under the applicable provisions of the Security Trust Deed; or
(b) the Trustee has entered into a legally binding contract with an entity either whose long term unsecured and unguaranteed debt is rated AA- by S&P, Aa3 by Moody's or AA- by Fitch Ratings or whose short terx xxxxxured and unguaranteed debt securities are rated A-1+ by S&P, P-1 by Moody's or F1+ by Fitch Ratings, to provide sufficxxxx xxsh on or before the relevant Payment Date to enable the Trustee to discharge the relevant liabilities, and in each circumstance the Manager or the Trustee has certified to the Note Trustee that the requirements of clause 7.4(a) or (b) have been met and the Note Trustee shall be entitled to rely on such certification. -------------------------------------------------------------------------------- Page 19 + Note Trust Deed Allens Arthur Robinsxx --------------------------------------------------------------------------------
AVAILABLE AMOUNTS. For the purpose of Condition 5(n) the Note Trustee shall not be satisfied that the Trustee will be in a position to discharge the liabilities referred in those Conditions unless, either:
(a) the Trustee will have available to it sufficient cash in the Collection Account and sufficient Authorised Investments which will mature on or before the relevant Payment Date after making any other payments or provisions having priority in order of application under the applicable provisions of the Security Trust Deed; or
(b) [the Trustee has entered into a legally binding contract with an entity either whose long term unsecured and unguaranteed debt is rated AA- by S&P, AA- by Fitch and Aa3 by Xxxxx'x or whose short term unsecured and unguaranteed debt securities are rated A-1 by S&P, F-1 from Fitch where the entity is Westpac, or F-1+ where the entity is not Westpac and P-1 from Xxxxx'x to provide sufficient cash on or before the relevant Payment Date to enable the Trustee to discharge the relevant liabilities.]
AVAILABLE AMOUNTS. For the purpose of Condition 5(n) the Note Trustee shall not be satisfied that the Trustee will be in a position to discharge the liabilities referred in those Conditions unless, either:
(a) the Trustee will have available to it sufficient cash in the Collection Account and sufficient Authorised Investments which will mature on or before the relevant Payment Date after making any other payments or provisions having priority in order of application under the applicable provisions of the Security Trust Deed; or
(b) the Trustee has entered into a legally binding contract with an entity either whose long term unsecured and unguaranteed debt is rated AA- by S&P and AA- by Fitch (and, where the obligations relate to Class A Notes Aa3 by Xxxxx'x) or whose short term unsecured and unguaranteed debt securities are rated A-1 by S&P and F-1 by Fitch (and, where the obligations relate to Class A Notes P-1 by Moody's) to provide sufficient cash on or before the relevant Payment Date to enable the Trustee to discharge the relevant liabilities.
AVAILABLE AMOUNTS. As of the end of any Collection Period, the sum of (without duplication) (i) all amounts on deposit in the Collection Account on such date relating to the Receivables, and Prepayments received on or before, the last day of such Collection Period, (ii) Recoveries on account of previously Defaulted Receivables received and on deposit in the Collection Account as of such date preceding the Payment Date, (iii) Investment Earnings credited to the Collection Account during such Collection Period, (iv) Late Charges received and on deposit in the Collection Account on or before the last day of such Collection Period preceding the Payment Date, and (v) any other amounts on deposit in the Collection Account (including proceeds of Servicer Advances, amounts transferred from the Reserve Account and amounts relating to purchases of Receivables pursuant to Section 2.7 of the Sale and Servicing Agreement) which are expressly required by the terms of the Sale and Servicing Agreement to be treated as Available Amounts with respect to the Payment Date related to such Collection Period; provided, however, any amounts therein which were provided in error shall not be considered Available Amounts.
AVAILABLE AMOUNTS. 1 ----------------- 1.4 Borrowing Base................................................... 2 -------------- 1.5 Business Day..................................................... 2 ------------ 1.6 Cash Flow........................................................ 2 --------- 1.7 Credit Limit..................................................... 2 ------------ 1.8 Current Assets................................................... 2 -------------- 1.9 Current Liabilities.............................................. 2 ------------------- 1.10 Debt............................................................. 2 ---- 1.11 Debt Service..................................................... 3 ------------ 1.12 EBITDA........................................................... 3 ------ 1.13 Eligible Accounts................................................ 3 ----------------- 1.14 ERISA............................................................ 5 ----- 1.15 Fixed Charges.................................................... 5 ------------- 1.16 Funded Debt...................................................... 5 ----------- 1.17 GAAP............................................................. 5 ---- 1.18 LIBOR Amount..................................................... 5 ------------ 1.19 LIBOR Interest Period............................................ 6 --------------------- 1.20 LIBOR Rate....................................................... 6 ---------- 1.21 LIBOR Related Rate............................................... 7 ------------------ 1.22 Intangibles...................................................... 7 ----------- 1.23 Inventory........................................................ 7 --------- 1.24 IPO.............................................................. 7 --- 1.25 L/C Agreement.................................................... 7 ------------- 1.26 Letters of Credit................................................ 7 ----------------- 1.27 Loan Documents................................................... 7 -------------- 1.28 Note............................................................. 7 ---- 1.29 OCG.............................................................. 8 --- 1.30 Obligations...................................................... 8 ----------- 1.31 Payment Date..................................................... 8 ------------ 1.32 Person........................................................... 8 ------ 1.33 Plan..................
AVAILABLE AMOUNTS. There shall be available for payments under this subsection— (A) in 2006, $25,000,000; and
(B) in each succeeding year the amount specified in this paragraph for the preceding year increased by the market basket per- centage increase (as defined in section 1395ww(b)(3)(B)(iii) of this title) for the fiscal year ending in such succeeding year. Payments under this subsection shall be made from the Federal Hospital Insurance Trust Fund.