Initial Availability Sample Clauses

Initial Availability. Lenders will not be obligated to make any Loan hereunder unless, on or before the date of such Loan, Administrative Agent has received, in addition to this Agreement, executed by EDS, all of the items described below in form and substance reasonably satisfactory to Administrative Agent: (a) Note(s). The applicable Note(s) executed by EDS.
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Initial Availability. Upon the Bankruptcy Court’s entry of the Interim Order (as defined below), and satisfaction of all applicable conditions precedent described herein (the “Closing Date”), the Borrowers shall be entitled to make a single draw of DIP Loans in an amount of up to $35,000,000 prior to the entry of the Final Order (the “Initial Draw”).
Initial Availability. The initial Availability in effect as of Closing Date shall be $203,500,000. Such initial Availability shall remain in effect until the next Determination Date unless otherwise adjusted as provided in this Article IV.
Initial Availability. Lenders will not be obligated to make any Loan and the Fronting Banks will not be obligated to issue Letters of Credit hereunder unless, on or before the date of such Loan or issuance of such Letter of Credit, the Administrative Agent has received, in addition to this Agreement, executed by EDS as of the Availability Date, all of the items described below in form and substance reasonably satisfactory to the Administrative Agent:
Initial Availability. Subject to the terms of this Agreement, -------------------- InterTrust shall make available to NatWest: (i) the Commerce 1.0 (FCS version); and (ii) the Documentation set forth in Exhibit A hereto. Such software and Documentation shall be made available to NatWest promptly following the execution of this Agreement, receipt of the amount specified in Section 5.1 ((a))((i)) hereof, and NatWest's Compliance with the applicable InterTrust Specification concerning Site Certification in effect as of the Effective Date. Further, InterTrust's Commerce 1.0 (GA Version) and Enterprise 1.0 (GA Version), respectively, shall be supplied to NatWest at reasonably the same time as (but in no event later than five (5) business days after) such software is first made available to any Core Partner, and before such software is made generally available publicly.
Initial Availability. Agent shall have determined that immediately after Lenders have made the initial Loans and after Agent has issued or procured the initial Letters of Credit and LC Guaranties contemplated hereby, and Borrowers have paid (or, if accrued, treated as paid), all closing costs incurred in connection with the transactions contemplated hereby, and have reserved an amount sufficient to pay all trade payables greater than 30 days past the due date, Availability shall not be less than $10,000,000 (without taking into account the Note Payment Reserve).
Initial Availability. At all times before the Availability Step-Up Date the Revolving Loan shall not exceed the sum of $12,000,000 minus the Maximum Exposure Under Letters of Credit.
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Initial Availability. Initially, the PTVSK Service will be available -------------------- on a pay per view basis by tape delivery to hotels. The ATV Service shall be launched and made available in such forms of Non-Standard Television as mutually determined by Daewoo and PEGI. For purposes of this Agreement, commencement of availability of a Service to hotels or any other form of Non-Standard Television constitutes a launch of such Service.
Initial Availability. Notwithstanding anything else contained in this Credit Agreement, the initial Advance may be in an amount equal to the Commitment.

Related to Initial Availability

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

  • 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.

  • 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.

  • 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.

  • 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.

  • Closing Availability After giving effect to all Borrowings to be made on the Effective Date, the issuance of any Letters of Credit on the Effective Date and the payment of all fees and expenses due hereunder, and with all of the Loan Parties’ Indebtedness, liabilities, and obligations current, Availability shall not be less than $20,000,000.

  • 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.

  • 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.

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

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