Insufficient Availability Sample Clauses
The Insufficient Availability clause defines the procedures and consequences when a required resource, service, or product is not available in the necessary quantity or quality. Typically, this clause outlines the steps parties must take if availability falls below agreed thresholds, such as notifying the other party, seeking alternative sources, or adjusting delivery schedules. Its core function is to manage expectations and responsibilities in situations where supply cannot meet demand, thereby reducing disputes and providing a clear framework for resolution.
Insufficient Availability. Where the Employer requires a casual employee to work a minimum of two hundred and twenty five (225) hours in a twelve (12) month period, the following shall apply:
i) If the employee has worked less than one hundred and twelve point five (112.5) hours in the six (6) month period following the employee’s start date, and any six
Insufficient Availability. If on the date of and after giving effect to each Permitted Payment, (a) Borrower's Excess Availability (as defined in the Senior Loan Agreement) shall not be greater than or equal to $500,000; or (b) a default or event of default under any of the Senior Loan Documents would occur or exist as a result of such Permitted Payment, no payment other than interest (including additional interest) shall be made by the Borrower or received by Subordinate Lender on account of the Subordinate Obligations or on account of the purchase or other acquisition of the Subordinate Obligations by the Borrower or any subsidiary of Borrower; provided, Borrower may make a payment of any portion of a Permitted Payment as would not cause Excess Availability to be less than $500,000 or would not otherwise cause the occurrence of a default or Event of Default under any of the Senior Loan Documents. Borrower may make payments of interest (including additional interest) to Subordinate Lender so long as no Senior Payment Default has occurred and is continuing. Anything contained herein or in the Senior Loan Documents to the contrary notwithstanding, if Borrower is unable to pay to Subordinate Lender when due any Subordinate Obligations solely as a result of the limitation set forth in subsection (a) above of this Section 2, such failure to make such payment and any default or event of default under the Subordinate Loan Documents arising therefrom shall not be deemed an Event of Default under the Senior Loan Agreement including, without limitation, Section 10.1(i) of the Senior Loan Agreement.
Insufficient Availability. No Subsequent Revolving Advance shall be made if Agent shall have determined that the Subsequent Revolving Advance would be in violation of the Borrowing Base or other amounts and limitations set forth in Section 2.1 hereof.
Insufficient Availability. The Statement of Intent shall include procedures to allocate between competing applications for a specific Tier 2 Cost Pool if requests exceed amounts available.
Insufficient Availability. No such Construction Project Advance shall be made if the Administrative Agent shall have determined that the remaining availability under this Agreement for Construction Project Advances in respect of such Construction Project (including any such Construction Project Advances then outstanding and anticipated to be repaid and then reborrowed) and any additional Equity Moneys contributed to GSRP (in addition to the Closing Date Equity Contributions) are insufficient to cover the remaining costs to complete the construction, furnishing and marketing of such Construction Project, as contemplated in the Plans for such Construction Project and the Budget for such Construction Project.
Insufficient Availability. No such Subsequent Project Advance shall be made if the Administrative Agent shall have determined that the remaining availability under this Agreement (including any Project Advances then outstanding and anticipated to be repaid and then reborrowed) and any additional Equity Moneys contributed to the Borrower (in addition to the Closing Date Equity Contributions) are insufficient to cover the remaining costs to complete the construction, furnishing and marketing of either (i) such Under-Construction Project, as contemplated in the Plans for such Under-Construction Project and the Budget for such Under-Construction Project, or (ii) all of the other Under-Construction Projects, as contemplated in the Plans for all such other Under-Construction Projects and the Budgets for all such other Under-Construction Projects.