Availability Default definition

Availability Default shall have the meaning specified in Section 2(h).
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Availability Default means the measure of damages that result from Seller’s failure to meet the Guaranteed Availability as set forth in Section 4.7 hereof. GPA shall calculate the Availability Default in accordance with Section 4.7 hereof.
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Availability Default. The breach by Borrowers of Section 5.12(a) hereof for three (3) consecutive days.
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Examples of Availability Default in a sentence

  • Payment of liquidated damages resulting from an Availability Default shall be made on the first day of each month or such earlier date as such Availability Default shall have been cured.

  • In the event that the Service Level Availability committed decreases below the Threshold for Service Availability Default, Minor or Major, Customer may be entitled to take action as outlined in the SaaS Listing.

  • If, at any time, the Facility fails to achieve the required Guaranteed Availability as described in Section 4.7, then Seller shall be subject to the Availability Default set forth in Section 4.7.

  • In the event that the Service Level Availability committed decreases below the “Threshold for Service Availability Default, Minor or Major” as set forth below, Customer may be entitled to take action as outlined herein.

  • If the Service Level Availability committed decreases below the Threshold for Service Availability Default listed below, Customer may be entitled to take additional action as outlined in the SaaS Listing.

  • In the event that the Service Level Availability committed decreases below the Threshold for Service Availability Default listed below, Customer may be entitled to take action as outlined in the SaaS Listing.

  • In the event that the Service Level Availability committed decreases below the Threshold for Service Availability Default listed below, Customer may be entitled to take additional action as outlined in the SaaS Listing.

  • In the event that the Service Level Availability committed decreases below the Threshold for Service Availability Default listed below in any given calendar quarter, Customer may be entitled to take action as outlined in the SaaS Listing.

  • From time to time, Buyers may, if Buyers’ data indicates that an Availability Unsatisfactory Day has occurred, request that Seller provide, and Seller shall provide, a report of the Expected Amount determined using the Production Model; provided that, outside of any Availability LD Cure Period or Availability Default Period, Buyers shall be limited to making such requests no more than five (5) times in any Month.

  • Components / CapabilitiesThreshold for “Service Availability Default - Minor”Threshold for “Service Availability Default - Major”BlazeMeter SaaS Service**Service Level Availability commitments are not offered for free BlazeMeter plans and CA Runscope Standard.


More Definitions of Availability Default

Availability Default means the measure of damages that result from Seller’s failure to meet the Guaranteed Availability as set forth in Section 4.7 hereof. ASPA shall calculate the Availability Default in accordance with Section 4.7 hereof.
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Related to Availability Default

  • Swap Default Any of the circumstances constituting an “Event of Default” under the Swap Agreement.

  • Authority Default shall have the meaning set forth in Clause 23.2;

  • Bankruptcy Default has the meaning assigned to such term in Section 6.01.

  • Non-Monetary Default Cure Period shall have the meaning assigned to such term in Section 11(d).

  • Lender Default means (a) the refusal or failure (which has not been cured) of a Lender to make available its portion of any Borrowing or to fund its portion of any Unpaid Drawing under Section 3.4 that it is required to make hereunder, (b) a Lender having notified the Administrative Agent and/or the Borrower that it does not intend to comply with its funding obligations under this Agreement or has made a public statement to that effect with respect to its funding obligations under this Agreement, (c) a Lender has failed to confirm (within one Business Day after a request for such confirmation is received by such Lender) in a manner reasonably satisfactory to the Administrative Agent, the Borrower and, in the case of a Revolving Credit Lender, each Revolving Letter of Credit Issuer that it will comply with its funding obligations under this Agreement, (d) a Lender being deemed insolvent or becoming the subject of a bankruptcy or insolvency proceeding or has admitted in writing that it is insolvent; provided that a Lender Default shall not be deemed to have occurred solely by virtue of the ownership or acquisition of any Stock in the applicable Lender or any direct or indirect parent company thereof by a Governmental Authority so long as such ownership interest does not result in or provide the applicable Lender with immunity from the jurisdiction of courts within the United States or from the enforcement of judgments or writs of attachment on its assets or permit the applicable Lender (or such Governmental Authority) to reject, repudiate, disavow or disaffirm any contracts or agreements made with the applicable Lender, or (e) a Lender that has, or has a direct or indirect parent company that has, become the subject of a Bail-In Action.

  • Monetary Default shall have the meaning assigned to such term in Section 11(a).

  • Bank Default means (i) the refusal (which has not been retracted) of a Bank to make available its portion of any Borrowing or to fund its portion of any unreimbursed payment under Section 2.03(c) or (ii) a Bank having notified in writing the Borrower and/or the Agent that it does not intend to comply with its obligations under Section 1.01 or Section 2, in the case of either clause (i) or (ii) as a result of any takeover of such Bank by any regulatory authority or agency.

  • Monetary Default Notice shall have the meaning assigned to such term in Section 11(a).

  • Loan Default means any event, condition or failure which, with notice or lapse of time or both, would become a Loan Event of Default.

  • Lease Default means any event or condition which, with the lapse of time or the giving of notice, or both, would constitute a Lease Event of Default.

  • Credit Default Swap means any credit default swap entered into as a means to (i) invest in bonds, notes, loans, debentures or securities on a leveraged basis or (ii) hedge the default risk of bonds, notes, loans, debentures or securities.

  • Financing Default means an event which would constitute (or with notice or lapse of time or both would constitute) an event of default (which event of default has not been cured) under or would otherwise violate or breach (i) any financing arrangement of the Company or any of its Subsidiaries in effect as of the time of the aforementioned event, and any extensions, renewals, refinancings or refundings thereof in whole or in part; and (ii) any provision of the Company's or any of its Subsidiary's constitutional documents.

  • Loan Event of Default means any of the events specified in Section 5.1 of the Loan Agreement, provided that any requirement for the giving of notice, the lapse of time, or both, or any other condition, event or act has been satisfied.

  • Non-Monetary Default shall have the meaning assigned to such term in Section 11(d).

  • Funding Default as defined in Section 2.22.

  • Senior Default means any Senior Payment Default or Senior Covenant Default.

  • MI Default has the meaning given to it in paragraph 6.1 of Framework Schedule 9 (Management Information);

  • Servicing Default The meaning assigned in Section 6.01 of the Servicing Agreement.

  • Default Event means an event or circumstance which leads Operator to determine that a Venue User is or appears to be unable or likely to become unable to meet its obligations in respect of an Order or Transaction or to comply with any other obligation under an Agreement or Applicable Law.

  • Specified Default means a Default under Section 8.01(a), (f) or (g).

  • Non-Monetary Default Notice shall have the meaning assigned to such term in Section 11(d).

  • Collateral Event of Default has the meaning set forth in Section 13.01(b).

  • Major Default means any Event of Default occurring under Sections 4.1(a), 4.1(c), 4.1(l), or 4.1(p).

  • Potential Defaulting Lender means, at any time, (i) any Lender with respect to which an event of the kind referred to in the definition of “Lender Insolvency Event” has occurred and is continuing in respect of any Subsidiary of such Lender, or (ii) any Lender that has notified, or whose Lender Parent or a Subsidiary thereof has notified, the Administrative Agent, the Borrower or any LC Issuing Bank in writing, or has stated publicly, that it does not intend to comply with its funding obligations generally under other loan agreements, credit agreements and other similar agreements, unless such writing or statement states that such position is based on such Lender’s determination that one or more conditions precedent to funding cannot be satisfied (which conditions precedent, together with the applicable default, if any, will be specifically identified in such writing or public statement). Any determination by the Administrative Agent that a Lender is a Potential Defaulting Lender under any of clauses (i) and (ii) above will be conclusive and binding absent manifest error, and such Lender will be deemed a Potential Defaulting Lender (subject to Section 2.19(f) hereof) upon notification of such determination by the Administrative Agent to the Borrower, the LC Issuing Banks and the Lenders.

  • Unmatured Default means an event which but for the lapse of time or the giving of notice, or both, would constitute a Default.

  • Customer Default has the meaning set out in clause 8.3.