Unit Equivalent Availability Buydown Amount Sample Clauses

Unit Equivalent Availability Buydown Amount. Once Contractor has demonstrated in a Completed Equivalent Availability Test that a Unit has achieved at least **** percent (****%) of the **** but less than **** percent (****%) of the **** while in compliance with the Environmental Compliance Target, Appendix E and all Applicable Legal Requirements applicable to Contractor under this Agreement and necessary for the Unit to be capable of operations in compliance therewith, Contractor may elect to have the Unit Equivalent Availability Buydown Amount **** the **** achieving **** percent (****%) of the ****; provided, however, that the Parties shall have consulted with each other as to the comparative advantages and disadvantages of spending additional Reimbursable Costs in order to achieve improved levels of Facility performance with respect to the Unit Equivalent Availability Target and the Parties shall have agreed (each acting reasonably and in good faith) that the **** should be **** the ****. If the Parties are not in agreement, Contractor will be entitled to proceed with Work directed at improving Unit Equipment Availability; provided, that (a) Contractor presents a reasonably detailed plan to PSGC, identifying the problems to be corrected and the steps to be undertaken to address such problems and the timeline associated therewith, and (b) thereafter provides to PSGC a weekly written status report outlining the progress made by Contractor and adjusting, if necessary, the expected cost and expense of such correction plan. Contractor agrees that it will not withhold its consent to **** the applicable **** the **** if the **** to be expended to **** the cause(s) of the **** would not be incurred by a reasonable person objectively considering the circumstances of the Parties. PSGC agrees to operate each Unit from and after Substantial Completion in accordance with the Facility Manual and, in the absence of specific direction in such Facility Manual, Prudent Industry Practices. Notwithstanding anything to the contrary herein, the **** applicable to
Sample 1
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Related to Unit Equivalent Availability Buydown Amount

  • Maximum Advance Amount The amount of an Advance requested by the Company shall not exceed the Maximum Advance Amount. In addition, in no event shall the number of shares issuable to the Investor pursuant to an Advance cause the aggregate number of shares of Common Stock beneficially owned by the Investor and its affiliates to exceed nine and 9/10 percent (9.9%) of the then outstanding Common Stock of the Company. For the purposes of this section beneficial ownership shall be calculated in accordance with Section 13(d) of the Exchange Act.

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

  • 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.

  • Senior Prepayment Percentage See the definition of “Group 1 Senior Prepayment Percentage or Group 2 Senior Prepayment Percentage”.

  • 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.

  • Minimum Amount of Each Borrowing; Maximum Number of Borrowings The aggregate principal amount of each Borrowing of Loans shall be in a multiple of $100,000 and shall not be less than the Minimum Borrowing Amount. More than one Borrowing may occur on any date; provided that at no time shall there be outstanding more than four (4) Borrowings of LIBOR Loans under this Agreement.

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

  • Original Class A Percentage The Original Class A Percentage is 96.79331905%.

  • Maximum Letter of Credit Outstandings; Final Maturities (a) Notwithstanding anything to the contrary contained in this Agreement, (i) no Letter of Credit shall be issued the Stated Amount of which, when added to the Letter of Credit Outstandings (exclusive of Unpaid Drawings which are repaid on the date of, and prior to the issuance of, the respective Letter of Credit) at such time would exceed either (x) $100,000,000, (y) when added to the sum of (I) the aggregate principal amount of all Revolving Loans then outstanding and (II) the aggregate principal amount of all Swingline Loans then outstanding, an amount equal to the Total Commitment at such time or (z) cause the Aggregate Exposure to exceed the Borrowing Base at such time (based on the Borrowing Base Certificate last delivered), and (ii) each Letter of Credit shall by its terms terminate (x) in the case of standby Letters of Credit, on or before the earlier of (A) the date which occurs 12 months after the date of the issuance thereof (although any such standby Letter of Credit may be extendible for successive periods of up to 12 months, but, in each case, not beyond the fifth Business Day prior to the Revolving Loan Maturity Date, on terms acceptable to the Issuing Lender) and (B) five Business Days prior to the Revolving Loan Maturity Date; provided that a standby Letter of Credit issued to support obligations under any Specified Existing Ship Lease may terminate by its terms on or prior to the earlier to occur of (1) the date which occurs 24 months after the date of the issuance thereof and (2) the fifth Business Day preceding the Revolving Loan Maturity Date, and (y) in the case of trade Letters of Credit, on or before the earlier of (A) the date which occurs 180 days after the date of issuance thereof and (B) 30 days prior to the Revolving Loan Maturity Date.

  • 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.

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