Non-Formula Availability Sample Clauses

Non-Formula Availability. Provided that no Event of Default has occurred and is continuing, and subject to the availability of the Facility- A Commitment and in reliance on the representations and warranties of Borrower set forth herein, at any time from the date hereof through April 30, 1998, Bank hereby agrees to make Facility-A Loans to Borrower in such amounts as Borrower shall request pursuant to this SECTION 1.A.(3), in an aggregate principal amount not to exceed $2,500,000.00 (the "Non-Formula Availability"); provided, however, that the outstanding amounts under this Non-Formula Availability shall be deemed to constitute Facility-A Loans for the purpose of calculating availability under the Facility-A Commitment.
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Non-Formula Availability. Subject to the terms and conditions of this Agreement, at all times that Borrower is Non-Formula Loan Eligible, Bank may, in its good faith business discretion, make Non-Formula Advances, not exceeding the Non-Formula Amount (the “Non-Formula Loan”). Non-Formula Advances may be repaid at any time and from time to time and, prior to the Account Advance Maturity Date, reborrowed, subject to the applicable terms and conditions precedent herein. The dollar amount of each Non-Formula Advance shall at all times reduce the amount otherwise available for Advances.
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Non-Formula Availability. Subject to the terms and conditions of this Agreement, as part of the Revolving Line, Bank shall make non-formula advances (the “Non-Formula Advances”) to Borrower in an aggregate amount not to exceed the lesser of (a) the Non-Formula Amount, or (b) the sum of (i) the Revolving Line, minus (ii) the sum of all outstanding principal amounts of any Formula Advances (including any amounts used for EXIM Advances). The outstanding dollar amount of each Non-Formula Advance shall at all times reduce the amount otherwise available for Advances under the Revolving Line. The proceeds of the initial Non-Formula Advance will be used to pay off, on the Effective Date, the Indebtedness due and owing by Borrower to TriplePoint existing immediately prior to the Effective Date (the “Existing TriplePoint Loan Facility”). Amounts borrowed under the non-formula part of the Revolving Line may be repaid and, prior to the Revolving Line Maturity Date, reborrowed, subject to the applicable terms and conditions precedent herein.
Sample 1Sample 2
Non-Formula Availability. Subject to the terms and conditions of this Agreement, at all times that Borrower is Non-Formula Loan Eligible, Bank may, in its good faith business discretion, make Non-Formula Advances, not exceeding the Non-Formula Amount (the “Non-Formula Loan”). Non-Formula Advances may be repaid and, prior to the Non-Formula Loan Maturity Date, reborrowed, subject to the applicable terms and conditions precedent herein. The dollar amount of each Non-Formula Advance shall at all times reduce the amount otherwise available for Advances. Upon Borrower ceasing to be Non-Formula Loan Eligible as measured on the last day of each calendar month, Borrower shall either repay in full the Non-Formula Advances or convert the Non-Formula Advances into Advances in accordance with this Section 2.2(b). If Borrower elects to convert the Non-Formula Advances into Advances, Borrower shall deliver to Bank, within one (1) Business Day after Borrower ceases to be Non-Formula Loan Eligible, a Borrowing Base Report together with a current accounts receivable aging and a copy of each invoice, all in accordance with Section 6.2 hereof. If the outstanding principal amount of the Advances (including the Non-Formula Advances requested to be converted) exceeds the amount of Advances available against Eligible Accounts (as determined by Bank in its good faith business discretion), Borrower shall immediately pay to Bank the excess and, in connection with same, hereby irrevocably authorizes Bank to debit any account of Borrower maintained by Borrower with Bank or any of Bank’s Affiliates for the amount of such excess.
Sample 1
Non-Formula Availability. Notwithstanding the provisions set forth in Section 2.A. hereof, and provided that no Event of Default has occurred and is continuing, and subject to the availability of the Revolving Loan Commitment and in reliance on the representations and warranties of Borrower set forth herein, at any time from the date hereof through July 31, 2000 ("Non- Formula Expiration Date"), Bank hereby agrees to make Revolving Loans to Borrower in such amounts that exceed the Borrowing Base as Borrower shall request pursuant to this Section 2.A.(1), up to an aggregate principal amount not to exceed $1,000,000.00 (the "Non-Formula Sublimit"); provided, however, that the outstanding amounts under the Non-Formula Sublimit shall be deemed to constitute Revolving Loans for the purpose of calculating availability under the Revolving Loan Commitment. On the Banking Day immediately following the Non- Formula Expiration Date, Borrower shall immediately pay to Bank, in cash, the entire outstanding unpaid principal amount advanced to Borrower under the Non- Formula Sublimit.
Sample 1
Non-Formula Availability. Subject to the terms and conditions of this Agreement, as part of the Revolving Line, Bank shall make non-formula advances (the “Non-Formula Advances”) to Borrower in an aggregate amount not to exceed (a) the Non-Formula Amount minus (b) the sum of all outstanding principal amounts of any Non-Formula Advances. The outstanding dollar amount of each Non-Formula Advance shall at all times reduce the amount otherwise available for Advances under the Revolving Line. Amounts borrowed under the non-formula part of the Revolving Line may be repaid and, prior to the Revolving Line Maturity Date, reborrowed, subject to the applicable terms and conditions precedent herein.
Sample 1

Related to Non-Formula Availability

  • Product Availability The Insurance Companies have qualified the Products for offer and sale under the applicable insurance laws of various states and other jurisdictions. Producers and Registered Representatives shall solicit applications for the Products only in states and jurisdictions where such Products have been so qualified. Producers shall, upon request, be provided with a list of those states and jurisdictions in which the Products have been qualified for sale. The Insurance Companies shall file and make all statements or reports as are or may be required by the laws of such state or jurisdiction to maintain these qualifications in effect.

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

  • Opening Availability The Eligible Accounts and Eligible Inventory supporting the initial Revolving Credit Advance and the initial Letter of Credit Obligations incurred and the amount of the Reserves to be established on the Closing Date shall be sufficient in value, as determined by Agent, to provide Borrowers with Borrowing Availability, after giving effect to the initial Revolving Credit Advance, the incurrence of any initial Letter of Credit Obligations and the consummation of the Related Transactions (on a pro forma basis, with trade payables being paid currently, and expenses and liabilities being paid in the ordinary course of business and without acceleration of sales) of at least Twenty Five Million Dollars ($25,000,000).

  • 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 6, 2016, $13,000,000, (iii) as of any date of determination during the period from October 7, 2016 through and including October 13, 2016, $17,500,000, and (iv) as of any date of determination during the period from October 14, 2016 through and including December 31, 2016, $20,000,000.

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

  • 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.

  • Closing Availability After giving effect to all Borrowings to be made on the Effective Date and the issuance of any Letters of Credit on the Effective Date and payment of all fees and expenses due hereunder, and with all of the Loan Parties’ Indebtedness, the Borrowers’ Availability shall not be less than $500,000.

  • Availability Reserves All Revolving Loans otherwise available to Borrower pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability Reserves.

  • 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.

  • Non-availability of matching deposits for Interest Period selected If, after the Borrowers have selected and the Lender has agreed an Interest Period longer than 6 months, the Lender notifies the Borrowers by 11.00 a.m. (London time) on the third Business Day before the commencement of the Interest Period that it is not satisfied that deposits in Dollars for a period equal to the Interest Period will be available to it in the London Interbank Market when the Interest Period commences, the Interest Period shall be of 6 months.

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