Applicable Metric definition
Examples of Applicable Metric in a sentence
For the purposes of determining and/or calculating any Applicable Metric, such determinations and/or calculations will be determined and/or calculated in accordance with the Finance Documents.
In relation to the definitions set out in Clause 21.1 (Financial definitions) and all other related provisions of the Finance Documents (including this Clause 20.9, Schedule 12 (General Undertakings), Schedule 14 (Certain New York Law Defined Terms) and any Applicable Metric) all determinations and/or calculations will be as determined in good faith by an Officer of the Company (including in respect of any adjustments permitted by this Agreement).
If the Issuer elects to determine any Applicable Metric as of any Applicable Test Date, it shall give pro forma effect to any other Applicable Transactions that have occurred up to (and including) such Applicable Test Date; provided that the pro forma calculation may exclude any non-recurring fees, costs and expenses attributable to any Applicable Transaction.
Applicable Metric NAN Failed to meet Credit to be issued Datacenter Infrastructure Outage 1/30th of the MRC for each hour of unavailability or fraction thereof in any calendar month Third Party Metrics NAN aggress to pass 100% of any credit received by a third party under a datacenter agreement, when applicable to Client.
Any Applicable Metric to be determined in connection with an Applicable Transaction may, at the Company’s option, be determined as at the Applicable Transaction Date.
For the avoidance of doubt, if any Applicable Metric for which compliance was determined or tested as of an Applicable Transaction Date would at any time after the Applicable Transaction Date have been exceeded or otherwise failed to have been complied with as a result of fluctuations in such Applicable Metric (or any other Applicable Metric), such Applicable Metric will not be deemed to have been exceeded or failed to have been complied with as a result of such fluctuations.
For the purpose of this Clause 21.3 (Calculations) and to the extent any Applicable Metric is used as the basis (in whole or in part) for permitting any transaction or making any determination under this Agreement (including on a pro forma basis) no item shall be included or excluded more than once where to do so would result in double counting.
In relation to the definitions set out in Clause 21.1 (Financial definitions) and all other related provisions of the Finance Documents (including this Clause 21.3 (Calculations), Schedule 13 (General Undertakings), Schedule 15 (Certain New York Law Defined Terms) and any Applicable Metric) all determinations and/or calculations will be as determined in good faith by an Officer of the Company (including in respect of any adjustments permitted by this Agreement).
Applicable Metric NAN Failed to Meet Credit to be Issued Backbone Availability 1/30th of the MRC for each hour of unavailability or fraction thereof in any calendar month to a maximum of 15/30th of the MRC.