Calculation of Availability Sample Clauses
The 'Calculation of Availability' clause defines the method and criteria for determining the operational uptime or accessibility of a service, system, or asset. Typically, this clause outlines the specific metrics, timeframes, and any exclusions (such as scheduled maintenance or force majeure events) that are considered when measuring availability. For example, it may specify that availability is calculated as a percentage of total possible uptime over a given month, excluding pre-agreed maintenance windows. The core practical function of this clause is to provide a clear, objective standard for performance measurement, which helps prevent disputes and ensures both parties have a mutual understanding of service expectations.
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Calculation of Availability. The Availability of the Units shall be calculated by Seller, subject to audit by Buyer, on a monthly basis where the “Availability” of the Units, measured as a percentage, is determined as follows: Availabilitym = TPEm/[(MCCm) x (MNTHHRSm-MAINTHRSm)] where: TPEm is the total amount of Energy (measured in MWh) that the Units could have produced for the month (“m”) to which the calculation applies if the Units had been scheduled at their full Monthly Contract Capacity (“MCC”) for such month (measured in MW) for every hour in which the Units were Available to operate for Buyer less the Energy which is could have been produced due to MAINTHRSm, UNAVAILHRSm, and UNAVAILPRODHRSm (as defined below). To the extent the Units were unavailable to Buyer due to Instructed Operations or Excused Events, the Units shall be deemed to have been Available for purposes of determining TPEm and therefore no deduction is made for such hours. TPEm can be expressed algebraically as follows: TPEm = (MCCm) x (MNTHHRSm-MAINTHRSm-UNAVAILHRSm -UNAVAILPRODHRSm) where: MCCm is the Monthly Contract Capacity of the Units, measured in MW. MNTHHRSm is the total amount of hours for the month. MAINTHRSm is the total amount of hours that the Units were unavailable due to Excused Scheduled Maintenance Outages or Force Majeure declared by Seller during the month, provided that the number of hours of Outages due to Excused Scheduled Maintenance Outages shall not exceed the maximum number of hours per year permitted for Excused Scheduled Maintenance Outages pursuant to Section 3.8(e)(iii) and the number of hours of Outages due to Force Majeure shall not exceed the number of Excused Hours available to the Seller at the end of the applicable month. An Excused Scheduled Maintenance Outage or Force Majeure (declared by Seller) that results in partial Outage of the Units or occurs less than a full hour will count as an equivalent percentage of the applicable hour(s) for this calculation. For example, if the Units’ capacity was reduced by ten percent (10%) for twenty (20) hours due to an Excused Scheduled Maintenance Outage, then the Units shall be deemed unavailable due to an Excused Scheduled Maintenance Outage for two (2) full hours. UNAVAILHRSm, consists of each hour or partial hour in which the Units were unavailable to deliver Energy to Buyer due to (i) a Forced Outage; (ii) an Unexcused Scheduled Maintenance Outage; (iii) Force Majeure declared by Seller, but only to the extent the number of hours...
Calculation of Availability. To calculate the monthly Availability (expressed as a percentage), the following formula is used each month:
Calculation of Availability. 2.1 Bibit shall ensure that the Services shall be available for no less than 99.7% per calendar month (“Uptime”).
2.2 For the purposes of calculating availability of the Services, the Uptime and Downtime shall not include any period of Downtime that is the result of scheduled maintenance (including preventative maintenance and hardware of software upgrades), provided that such maintenance is carried out in accordance with paragraph 12 below.
Calculation of Availability. ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ Availability shall be calculated during each Measurement Period in accordance with the following formula: Availability = (Total Time – Downtime) x 100% Total Time For example, if the Total Time during the Measurement Period is based on a thirty (30) day month, and the total Downtime during such Measurement Period totaled four (4) hours, the calculation would be: Availability = (43,200 minutes – 240 minutes) x 100% = 99.4% 43,200 minutes
Calculation of Availability. Without in any way modifying the provisions of the foregoing clause (i), it is hereby agreed that the Administrative Agent shall endeavor to give notice to the Swing Line Lender at any time that the unutilized portion of the Aggregate Commitments is less than the Swing Line Sublimit and to specify in such notice the unutilized portion of the Aggregate Commitments at such time. The Administrative Agent shall endeavor to provide such notice on the same Business Day as making a Loan that reduces availability below the Swing Line Sublimit. This clause (ii) shall not (a) give rise to any liability on behalf of the Administrative Agent, and on any date that a Swing Line Loan is requested, the Swing Line Lender may request confirmation of the unutilized portion of the Aggregate Commitments (but failure of the Administrative Agent to respond to such request shall not relieve the Swing Line Lender of its obligations to make Swing Line Loans hereunder) or (b) imply that the Administrative Agent has any obligation to calculate the outstanding Swing Line Loans (it being understood that the Swing Line Lender shall keep a record of the principal amount of the Swing Line Loans outstanding).
Calculation of Availability. 1. The Loan Cap (as defined in the Revolving Loan Agreement as in effect on the Closing Date or as otherwise amended after the Closing Date in accordance with the terms of the Intercreditor Agreement):
2. Total Outstandings (as defined in the Revolving Loan Agreement as in effect on the Closing Date or as otherwise amended after the Closing Date in accordance with the terms of the Intercreditor Agreement):
3. Availability (Line 1 minus Line 2): In compliance with Section 7.15(a) of the Credit Agreement? [Yes/No]
1. Consolidated Net Income of Lead Borrower and Subsidiaries:
2. Consolidated Interest Charges:
3. provision for Federal, state, local and foreign income Taxes:
4. depreciation and amortization expenses:
5. non-cash stock compensation:
6. Pro Forma Cost Savings:
7. Other non-recurring expenses which do not represent a cash item:
8. Total of Lines 2 through 7 (to the extent deducted in calculating such Consolidated Net Income):
9. Federal, state, local and foreign income tax credits:
10. non-recurring, non-cash items increasing Consolidated Net Income:
11. Total of Lines 9 through 10 (to the extent included in calculating such Consolidated Net Income):
12. Consolidated EBITDA (Line 1 plus Line 8 minus Line 11):
13. Required Minimum Consolidated EBITDA for the 12 Fiscal Month period ending [__________], 20[___] (or N/A if the outstanding Principal balance of the Obligations equals or is less than $5,000,000): In compliance with Section 7.15(b) of the Credit Agreement? [Yes/No] Except as set forth below, no material changes in GAAP or the application thereof have occurred since [the date of the most recently delivered financial statements to the Lender prior to the date of this Certificate]. [If material changes in GAAP or in application thereof have occurred, the following describes the nature of the changes in reasonable detail and the effect, if any, of each such material change in GAAP or in application thereof in the determination of the calculation of the financial statements described in the Credit Agreement]. 2592103.2