Incremental Availability Sample Clauses

Incremental Availability. Subject to the terms and conditions set forth herein, Borrowers shall have the right, at any time and from time to time prior to the Revolver Termination Date but on not more than three occasions and in minimum increments of $50,000,000 per occasion, to incur additional Indebtedness under this Agreement in the form of an increase to the Revolver Commitments (the “Incremental Revolving Facility”) by an aggregate principal amount of up to $300,000,000; provided, that no Default or Event of Default shall have occurred and be continuing. The following terms and conditions shall apply to the Incremental Revolving Facility: (i) the loans made under the Incremental Revolving Facility shall constitute Obligations and will be secured and guaranteed with the other Obligations on a pari passu basis, (ii) such Incremental Revolving Facility shall be obtained from existing Lenders or from other banks, financial institutions or investment funds, in each case in accordance with the terms set forth below, (iii) Borrowers shall execute a Note in favor of any requesting new Lender or any existing Lender requesting a Note whose Revolver Commitment is increased, (iv) Agent shall have received evidence that all requisite corporate (or equivalent) action on behalf of Obligors in connection with the Incremental Revolving Facility shall have been taken, which evidence shall be in form and substance reasonably satisfactory to Agent, and (v) Agent shall have received from Borrowers and Guarantors such other customary documentation as it deems reasonably necessary in connection with the Incremental Revolving Facility, including, without limitation, such documentation to evidence, preserve and protect the Liens granted pursuant to the Credit Documents. Participation in the Incremental Revolving Facility shall be offered first to each of the existing Lenders, but each such Lender shall have no obligation to provide all or any portion of the Incremental Revolving Facility. If the amount of the Incremental Revolving Facility requested by Borrowers shall exceed the commitments which the existing Lenders are willing to provide with respect to such Incremental Revolving Facility, then Borrowers may invite other banks, financial institutions and investment funds that satisfy clause (b) of the definition of “Eligible Assignee” or that are otherwise reasonably acceptable to Agent to join this Agreement as Lenders hereunder for the portion of such Incremental Revolving Facility not taken by ex...
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Incremental Availability. Notwithstanding anything herein to the contrary, (i) the proceeds of such Revolving Loans made by the Tranche A-1 Lenders shall be immediately delivered by the Administrative Agent to the Swingline Lender and applied to repay a corresponding portion of the Refunded Swingline Loans and (ii) on the day such Revolving Loans are made, such portion of the Refunded Swingline Loans paid shall no longer be outstanding as Swingline Loans.
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Incremental Availability. The additional amount available to be borrowed by the Borrowers based upon the difference between the Last Out Borrowing Base and the Aggregate Borrowing Base, as reflected on the most recent Borrowing Base Report delivered by the Borrowers to the Administrative Agent pursuant to Section 8.4(e) hereof.
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Incremental Availability. No Incremental Revolving Facility Loans made pursuant hereto may be prepaid until the aggregate principal amount of Revolving Facility Loans (other than such Incremental Revolving Facility Loans) equals $0.
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Incremental Availability. All Tranche A Revolving Credit Loans outstanding on April 1 of each year shall be automatically converted to Incremental Revolving Loans in accordance with and to the extent required by the prior sentence, and all Incremental Revolving Credit Loans outstanding on October 2 of each year shall be automatically repaid by the making of a Tranche A Revolving Credit Loan in accordance with the prior sentence. Only Incremental Revolving Credit Loans shall bear interest at the Base Rate plus the Base Rate Margin for Incremental Revolving Credit Loans or at LIBOR plus the LIBOR Margin for Incremental Revolving Credit Loans, as applicable. In no event shall any Lender be obligated to make any Incremental Revolving Credit Loan in excess of such Lender’s Incremental Revolving Loan Commitment.”
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Incremental Availability. The Loan Parties and the Lenders hereby agree that the Lenders shall make arrangements as among themselves to the extent necessary (i) to effect the Specified FILO Prepayment and (ii) to cause the outstanding amount of FILO Loans to be held by the FILO Lenders in accordance with the revised FILO Commitment Percentages arising from the Requested FILO Reduction.
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Incremental Availability 
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Related to Incremental Availability

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

  • 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.

  • 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.

  • 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.

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

  • 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.

  • Minimum Excess Availability Borrower shall have Excess Availability under the Revolving Credit Loans facility of not less than the amount specified in the Schedule, after giving effect to the initial advance hereunder and after giving effect to any applicable Loan Reserves against borrowing availability under the Revolving Credit Loans.

  • 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.

  • Service Availability You understand that Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.

  • 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.

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