Pool Availability Sample Clauses

Pool Availability. (a) At all times prior to the Release of Security Date, the Pool Availability shall be the amount which is the lowest of (i) the maximum principal amount of Loans and Letter of Credit Liabilities that would not exceed fifty-five percent (55.0%) of the Pool Value, and (ii) the maximum principal amount of Loans and Letter of Credit Liabilities that would not cause the Implied Debt Service Coverage Ratio to be less than 1.45 to 1.00; and
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Pool Availability. The Borrower shall not permit at any time the outstanding principal balance of the Loans and the Letter of Credit Liabilities to be greater than the Pool Availability; provided, however, that upon a violation of this §9.1 by Borrower, no Event of Default shall exist hereunder in the event Borrower cures such Default within fifteen (15) calendar days of the occurrence of such event.
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Pool Availability. The Borrower shall not at any time permit Consolidated Total Unsecured Indebtedness (including the sum of the Outstanding Loans and all Outstanding Letter of Credit Liabilities) to be greater than the Pool Availability.
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Pool Availability. The Pool Availability shall be the amount which is the lowest of (a) the maximum principal amount of Loans and Letter of Credit Liabilities, which when added to all Consolidated Total Unsecured Debt other than the Loans and Letter of Credit Liabilities, would not cause the Consolidated Total Unsecured Debt to be greater than fifty-five percent (55.0%) of the Pool Value, and (b) the maximum principal amount of Loans and Letter of Credit Liabilities, which when added to all Consolidated Total Unsecured Debt other than the Loans and Letter of Credit Liabilities, would not cause the Implied Debt Service Coverage Ratio to be less than 1.50 to 1.00. Pool Certificate. See §7.4(c) Pool Property or Pool Properties. At the time of determination, the Eligible Real Estate owned or leased pursuant to a Ground Lease approved by the Agent, by a Subsidiary Guarantor and which satisfies the provisions of this Agreement to be included in the calculation of Pool Availability and has been included in the calculation of Pool Availability.
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Pool Availability. The Pool Availability shall be the amount which is the lowest of (a) the maximum principal amount of Loans, which when added to all Consolidated Total Unsecured Debt other than the Loans, would not cause the Consolidated Total Unsecured Debt to be greater than fifty-five percent (55.0%) of the Pool Value, and (b) the maximum principal amount of Loans, which when added to all Consolidated Total Unsecured Debt other than the Loans, would not cause the Implied Debt Service Coverage Ratio to be less than 1.50 to 1.00. Pool Certificate. See §7.4(c) Pool Property or Pool Properties. At the time of determination, the Eligible Real Estate owned or leased pursuant to a Ground Lease approved by the Agent, by a Subsidiary Guarantor and which satisfies the provisions of this Agreement to be included in the calculation of Pool Availability and has been included in the calculation of Pool Availability.
Sample 1
Pool Availability. 3. At any time prior to the occurrence of the Release of Security Date, the Borrower shall not permit at any time the outstanding principal balance of the Loans and the Letter of Credit Liabilities to be greater than the Pool Availability; provided, however, that upon a violation of this §9.1 by Borrower, no Event of Default shall exist hereunder in the event Borrower cures such Default within fifteen (15) calendar days of the occurrence of such event.
Sample 1
Pool Availability. The French authorities have the right by law to empty swimming pools of water in the event of a forest fire in the vicinity of the property. The Company cannot accept responsibility for loss of use in the event of this occurrence. Nor can the Company accept responsibility if, due to drought conditions, the pool is unable to be topped up and therefore rendered unusable or for loss of use caused by damage, unpredictable changes or mechanical breakdown. All damages caused by any member of the party or their visitors will be charged to and payable by the hirer.
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Pool Availability. The swimming pool is available for use by guests on site only and not their visitors. We reserve the right to cancel guest access to the pool if guests do not adhere to the Swimming Pool Rules.
Sample 1

Related to Pool 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 June 24, 2016 through and including July 7, 2016, $10,000,000, (ii) as of any date of determination during the period from July 8, 2016 through and including September 29, 2016, $17,500,000, and (iii) as of any date of during the period from September 30, 2016 through and including December 31, 2016, $20,000,000.

  • 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.

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

  • Product Availability Under no circumstances shall Company be responsible to Representative or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay is due to strike, accident, labor trouble, acts of nature, freight embargo, war, civil disturbance, vendor problems or any cause beyond Company's reasonable control.

  • 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.

  • 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.

  • Availability of Earnings Statements The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) months ended commencing after the effective date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

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