Increases in Availability Sample Clauses

Increases in Availability. From time to time the Borrower and any Lender (an "Increasing Lender") may agree, with the prior written consent of the Administrative Agent and subject, in the case of a proposed permanent increase, to the provisions of Section 12.5 below, to permanently or temporarily increase such Lender's Commitment and Percentage Share, the dollar amount of any such increase to be, subject to the Maximum Aggregate Commitment limitation, in the minimum dollar amount of $5,000,000.00 and integral multiples of $1,000,000.00 in excess thereof. The Borrower and the Increasing Lender shall agree on the Adjustment Date for said increase and, if the increase is a temporary rather than permanent increase, the date on which said increase shall terminate (the "Temporary Increase Termination Date"). The Administrative Agent shall deliver to the Borrower and each of the Lenders a Commitment Schedule to be effective as of such Adjustment Date, and the Lenders shall purchase and sell among themselves Loans in amounts necessary to effect the new Percentage Shares as of such Adjustment Date. On the Temporary Increase Termination Date, if any, the aggregate amount of such Increasing Lender's Percentage Share of outstanding Advances held by the Increasing Lender in excess of its Commitment after giving effect to the termination of the subject increase shall, if but only if at such Temporary Increase Termination Date there does not exist a Default, be payable in full. If at the Temporary Increase Termination Date there exists a Default, the temporary increase of the Increasing Lender shall continue in effect and, unless otherwise agreed by 100% of the Lenders, shall be treated thereafter as a permanent increase in said Increasing Lender's Commitment.
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Increases in Availability. (1) From time to time the Company and any Lender (an "Increasing Lender") may agree, with the prior written consent of the Administrative Agent, which consent shall not be unreasonably withheld or delayed, to permanently or temporarily increase such Increasing Lender's Maximum Commitment, the dollar amount of any such increase being subject to the limitations specified in the defined term "Aggregate Credit Limit". Any such increase shall be in the minimum dollar amount of, with respect to such Lender's Maximum Commitment, $5,000,000.00 and integral multiples of $5,000,000.00 in excess thereof. The Company, the Administrative Agent and the Increasing Lender shall agree upon the Adjustment Date for such increase and if such increase is a temporary rather than permanent increase, the date on which said increase shall terminate (the "Temporary Increase Termination Date"). (2) On the Adjustment Date for any increase in availability provided by an Increasing Lender and as a condition precedent thereto, the Company shall pay to the Administrative Agent for the benefit of such Increasing Lender the full amount of any fees due in respect of such increase, which fees shall be pro rated based upon the actual days from such Adjustment Date to the Maturity Date or the Temporary Increase Termination Date, as the case may be, and shall deliver to the Administrative Agent, the Collateral Agent and each Lender a revised Commitment Schedule and Allocation Notice specifying the Maximum Commitment, Maximum Tranche B Commitment, Tranche B Allocation, Tranche D Commitment (if any), Tranche A Percentage Share, Tranche B Percentage Share, and Tranche D Percentage Share, as applicable, for each of the Lenders from such Adjustment Date. Any reallocation of Loans outstanding on such Adjustment Date necessitated by an increase in an Increasing Lender's Maximum Commitment shall be effected on and as of such Adjustment Date by the purchase and sale among the Lenders of the Obligations outstanding on such date. (3) If said increase was a temporary rather than permanent increase, on the Temporary Increase Termination Date the aggregate amount of such Increasing Lender's Tranche A Percentage Share of Tranche A Loans outstanding, Tranche B Percentage Share of Tranche B Loans outstanding and/or Tranche D Percentage Share of Tranche D Loans outstanding in excess of its respective Maximum Commitment, Maximum Tranche B Commitment and/or Tranche D Commitment shall, if but only if at such Tempor...
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Related to Increases in Availability

  • RDDS availability Refers to the ability of all the RDDS services for the TLD, to respond to queries from an Internet user with appropriate data from the relevant Registry System. If 51% or more of the RDDS testing probes see any of the RDDS services as unavailable during a given time, the RDDS will be considered unavailable.

  • High Availability Registry Operator will conduct its operations using network and geographically diverse, redundant servers (including network-­‐level redundancy, end-­‐node level redundancy and the implementation of a load balancing scheme where applicable) to ensure continued operation in the case of technical failure (widespread or local), or an extraordinary occurrence or circumstance beyond the control of the Registry Operator. Registry Operator’s emergency operations department shall be available at all times to respond to extraordinary occurrences.

  • System Availability Although we will try to provide continuous access to the Service, we cannot and do not guarantee that the Service will be available 100% of the time and will not be liable in the event Service is unavailable. Actual service or network performance is dependent on a variety of factors outside of our control. If you notify us within twenty-four (24) hours and we confirm an outage consisting of a period of two (2) hours in any calendar month, and not due to any service, act, or omission of you, a third party, your applications, equipment or facilities, or reasons outside of our control, you shall be eligible for a service credit. A service credit shall be computed as a pro-rated charge for one day of the regular monthly fees for the Service in the next monthly statement. Intermittent service outages for periods of less than two (2) hours are not considered service outages. Outages caused by routine scheduled maintenance are also not considered an outage. You shall receive advance notice no less than forty-eight (48) hours in advance of our scheduled maintenance. Scheduled maintenance will be performed between 12:00 a.m. and 6:00 a.m. CST.

  • Minimum Availability Borrower shall have minimum availability immediately following the initial funding in the amount set forth on the Schedule.

  • Funds Availability For determining the availability of your deposits, every day is a business day except Saturdays, Sundays, federal holidays and legal banking holidays in the State of Utah.

  • Undrawn Availability After giving effect to the initial Advances hereunder, Borrowers shall have Undrawn Availability of at least $10,000,000;

  • FUNDING AVAILABILITY This Contract is contingent upon the continued availability of funding. If funds become unavailable through the lack of appropriations, legislative or executive budget cuts, amendment of the Appropriations Act, state agency consolidation or any other disruptions of current appropriations, DFPS will reduce or terminate this Contract.

  • General Availability The commitment to availability specified in the letter of appointment shall be subject to mutually acceptable revision. Such revision will occur once per year, or, if mutually agreed between the Employer and the employee, on a more frequent basis. The Employer will issue a revised letter of appointment to reflect approved changes to employee’s general availability.

  • Maximum Credit Patheon's liability for Active Materials calculated in accordance with this Section 2.2 for any Product in a Year will not exceed, in the aggregate, the Maximum Credit Value set forth in Schedule D to a Product Agreement.

  • Excess Availability Borrowers shall have Excess Availability at all times of at least (i) as of any date of determination during the period from July 25, 2016 through and including August 29, 2016, $10,000,000, (ii) as of any date of determination during the period from August 30, 2016 through and including October 17, 2016, $13,000,000, (iii) as of any date of determination during the period from October 18, 2016 through and including October 31, 2016, $17,500,000, and (iv) as of any date of determination during the period from November 1, 2016 through and including December 31, 2016, $20,000,000.

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