Unavailability of Other Financing Sample Clauses

Unavailability of Other Financing. The Debtors are unable to obtain sufficient financing on equal or more favorable terms than those set forth in the DIP Loan Documents in the form of unsecured credit allowable as an administrative expense under section 503(b)(1) of the Bankruptcy Code or solely as an administrative expense under section 364(b) of the Bankruptcy Code. A loan facility in the amount provided by the DIP Loan Documents is not available on the terms provided in the DIP Loan Documents to the Debtors without granting DISH Network Corporation (“DISH”), as lender under the DIP Facility (the “Lender”), Superpriority Claim (as defined herein), liens, and security interests, pursuant to sections 364(c)(1)–364(c)(3) of the Bankruptcy Code, as provided in this Final DIP Order and the DIP Loan Documents. The DIP Facility will allow the Debtors to pursue the Alternate Plan, which values the Debtors’ enterprise at more than $900 million. After considering all alternatives, the Debtors have concluded, in the exercise of their sound business judgment, that the DIP Facility provided under the DIP Loan Documents represents the best working capital financing available to them at this time. Additionally, the terms of the DIP Loan Documents are fair and reasonable and reflect the Debtors’ exercise of sound business judgment consistent with their fiduciary duties.
Sample 1
AutoNDA by SimpleDocs
Unavailability of Other Financing. The Debtors are unable to obtain sufficient financing on equal or more favorable terms than those set forth in the DIP Loan Documents in the form of unsecured credit allowable as an administrative expense under section 503(b)(1) of the Bankruptcy Code or solely as an administrative expense under section 364(b) of the Bankruptcy Code. A loan facility in the amount provided by the DIP Loan Documents is not available on the terms provided in the DIP Loan Documents to the Debtors without granting DISH Network Corporation (“DISH”), as lender under the DIP Facility (the “Lender”), Superpriority Claim (as defined herein), liens, and security interests, pursuant to sections
Sample 1

Related to Unavailability of Other Financing

  • Unavailability of Services You understand and agree that the Services may at times be temporarily unavailable due to system maintenance or technical difficulties. In the event any of the services included in our Mobile Banking Services are unavailable, you acknowledge that you can deposit an original check at our branches or through ATM that accepts your deposit, or by mail.

  • Availability of Funds Unless Administrative Agent shall have been notified by any Lender prior to the applicable Credit Date that such Lender does not intend to make available to Administrative Agent the amount of such Lender’s Loan requested on such Credit Date, Administrative Agent may assume that such Lender has made such amount available to Administrative Agent on such Credit Date and Administrative Agent may, in its sole discretion, but shall not be obligated to, make available to Borrower a corresponding amount on such Credit Date. If such corresponding amount is not in fact made available to Administrative Agent by such Lender, Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender together with interest thereon, for each day from such Credit Date until the date such amount is paid to Administrative Agent, at the customary rate set by Administrative Agent for the correction of errors among banks for three Business Days and thereafter at the Base Rate. If such Lender does not pay such corresponding amount forthwith upon Administrative Agent’s demand therefor, Administrative Agent shall promptly notify Borrower and Borrower shall immediately pay such corresponding amount to Administrative Agent together with interest thereon, for each day from such Credit Date until the date such amount is paid to Administrative Agent, at the rate payable hereunder for Base Rate Loans for such Class of Loans. Nothing in this Section 2.5(b) shall be deemed to relieve any Lender from its obligation to fulfill its Term Loan Commitments and Revolving Commitments hereunder or to prejudice any rights that Borrower may have against any Lender as a result of any default by such Lender hereunder.

  • Termination for Unavailability of Funds In the event of reduction, suspension, discontinuance or other unavailability of funds, CITY unilaterally may take appropriate action(s) including, but not limited to, immediately canceling or reducing existing service authorization, stopping or reducing further referrals of individuals, and/or reducing the maximum dollar amount of this AGREEMENT. CITY shall give GRANTEE no less than sixty (60) business days’ advance written notice of the action(s) CITY intends to take as a result of the unavailability of funds. CITY shall not be liable for start-up costs, or lost profits in the event of early termination.

  • Non-Availability of Funds Every payment obligation of the State under this Charter is conditioned upon the availability of funds continuing to be appropriated or allocated for the payment of such obligations. If funds are not allocated and available for the continuance of this Charter, the Commission may terminate this Charter at the end of the period for which funds are available. No liability shall accrue to the Commission, nor the State, or any of its subdivisions, departments or divisions, in the event this provision is exercised, and neither the Commission nor the State shall be obligated or liable for any future payments or for any damages as a result of termination under this paragraph.

  • Availability of Funding This Agreement and all claims, suits, or obligations arising under or related to this Agreement are subject to and limited by the receipt and availability of funds which are received from the Participating Entities by NCTCOG dedicated for the purposes of this Agreement.

  • AVAILABILITY OF AGREEMENT The employer must ensure that copies of this Agreement and the NES are available to all employees to whom they apply, such as on a notice board which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible. PART 2 - ENGAGEMENT

  • Unavailability In the event that the Administrative Agent shall have determined in good faith (i) that U.S. dollar deposits in the principal amounts requested with respect to a Eurodollar Loan are not generally available in the London interbank Eurodollar market or (ii) that reasonable means do not exist for ascertaining the Eurodollar Rate, the Administrative Agent shall, as soon as practicable thereafter, give notice of such determination to the Borrowers and the Lenders. In the event of any such determination under clauses (i) or (ii) above, until the Administrative Agent shall have advised the Borrowers and the Lenders that the circumstances giving rise to such notice no longer exist, (A) any request by a Borrower for Eurodollar Loans shall be deemed to be a request for Base Rate Loans (or Absolute Rate Competitive Bid Loans, as the case may be), and (B) any request by a Borrower for conversion into or continuation of Eurodollar Revolving Loans shall be deemed to be a request for conversion into or continuation of Base Rate Loans.

  • Availability of Information To make DHCS PI and PII available to the DHCS and/or 15 COUNTY for purposes of oversight, inspection, amendment, and response to requests for records, 16 injunctions, judgments, and orders for production of DHCS PI and PII. If CONTRACTOR receives 17 DHCS PII, upon request by COUNTY and/or DHCS, CONTRACTOR shall provide COUNTY and/or 18 DHCS with a list of all employees, contractors and agents who have access to DHCS PII, including 19 employees, contractors and agents of its subcontractors and agents.

  • Availability of Services CBT agrees not to discontinue or refuse to provide any service provided or required hereunder other than in accordance with the terms of this Agreement, or unless required by the Commission.

  • DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS 3.1 The Contractor certifies to the best of its knowledge and belief, that it and its subcontractors:

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!