Tranche Availability Sample Clauses

Tranche Availability. Subject to the terms and conditions of the Agreement and this Appendix, and so long as no Event of Default has occurred and lessee is in compliance with its covenants set forth in this Appendix, Lessor shall, from time to time during each applicable Tranche Commitment Period, upon the request of Lessee, lease Equipment to Lessee. The aggregate cost of the Equipment available for lease to Lessee under the Agreement, the Schedules and this Appendix shall not exceed the amounts set forth below for each period of time set forth below: (i) For the period beginning February 1, 2002 and continuing through April 30, 2002 ("Tranche 1 Commitment Period"), Ten Million Dollars ($10,000,000) ("Tranche 1"); (ii) For the period beginning May 1, 2002 and continuing through July 31, 2002 ("Tranche 2 Commitment Period"), Ten Million Dollars ($10,000,000) ("Tranche 2"); (iii) For the period beginning August 1, 2002 and continuing through October 31, 2002 ("Tranche 3 Commitment Period"), Ten Million Dollars ($10,000,000) ("Tranche 3"); and (iv) For the period beginning November 1, 2002 and continuing through January 31, 2003 ("Tranche 4 Commitment Period"), Ten Million Dollars ($10,000,000) ("Tranche 4"). Notwithstanding anything to the contrary in the Agreement, this Appendix or any of the other Lease Documents, in addition to compliance with the covenants set forth in this Appendix and subject to the other terms and conditions of the Lease Documents, Tranches 2, 3 and 4 shall be made available to Lessee only if, immediately prior to and at all times during the applicable Tranche Commitment Period, Lessee (i) has met the financial benchmarks and is in compliance with all the financial covenants described on set forth in Section 5(d), , (ii) with respect to Equipment acquired under the New Schedules and under the Current Schedules, Lessor shall have used all such Equipment (1) within the geographical territory in which the network exists at the time of this Appendix, and (2) in a way that maximizes the utility of the network through deploying such Equipment on a first priority basis to areas of the network that provide the most accretive financial impact, and (iii) has delivered to Lessor the Warrant for the applicable Tranche as set forth below. Lessee understands and agrees that notwithstanding the dates set forth for commencement of Tranches 2, 3 or 4, none of such Tranches shall be available unless and until all of the foregoing conditions has been satisfied, and whether ...
Sample 1
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Related to Tranche Availability

  • 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 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).

  • 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.

  • 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.

  • Available Commitment After giving effect to the proposed Borrowing, the Principal Obligations will not exceed the Available Commitment and the aggregate Principal Obligations will not exceed the Maximum Commitment.

  • 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.

  • 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.

  • Commitment Amount With respect to any Portfolio Asset that is a Delayed-Draw Loan as of any date of determination, the maximum outstanding principal amount of such Portfolio Asset that a registered holder of the amount of such Portfolio Asset held by the Issuer would on such date be obligated to fund (including all amounts previously funded and outstanding, whether or not such amounts, if repaid, may be reborrowed).

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