Available Portion definition

Available Portion means, with respect to any Investment that is funded in part with the proceeds of the Available Amount, the portion of such Investment that is funded with the proceeds of the Available Amount.

Available Portion means, collectively, the portions of the Lease Premises that are available for use.

Available Portion shall have the meaning ascribed to such term in Section 3.2(c).

Examples of Available Portion in a sentence

• Penwest shall notify Mylan at least ********* prior to granting any sublicense to the rights under this section (other than to a Penwest Affiliate or as to the Available Portion), and shall consult with Mylan as to the propriety of such sublicense if Mylan, within such ******** period, notifies Penwest of Mylan's belief, on reasonable grounds stated in such notice, that such a sublicense would have a substantial adverse effect on Mylan or its business.

• Such license shall be on a paid-up, royalty-free basis as to Penwest and its Affiliates, and as to any of the Available Portion of the Mylan Test and Regulatory Data (whether as to Penwest or others), but shall ************************************************ if any but the Available Portion is used by any other party under a sublicense from Penwest or its Affiliate.

• If the managing underwriter(s) or Company determines to include in such offering an amount of Registrable Securities that is less than all of the Registrable Securities that the Other Shareholders desire to include, the Other Shareholders (except for such Other Shareholders, if any, upon whose demand such Registration is being made) shall share pro rata in the portion of such offering available to them (the "Available Portion").

• Such pro rata allocation of the Available Portion between the Holder, on the one hand, and such other Company securityholders, on the other hand, shall be based on the relation between the aggregate number or amount of Equity Securities that are Registrable Securities of the Holder, on the one hand, and the aggregate number or amount of Equity Securities that such Company securityholders with applicable registration rights are entitled to include, on the other hand.

• Penwest shall notify Mylan at least ***************** prior to granting any sublicense to the rights under this section (other than to a Penwest Affiliate or as to the Available Portion), and shall consult with Mylan as to the propriety of such sublicense if Mylan, within such ************ period, notifies Penwest of Mylan's belief, on reasonable grounds stated in CONFIDENTIAL MATERIAL OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.

More Definitions of Available Portion

Available Portion means, with respect to the WFSG Sub Note (as provided therein), (i) at any time following the date of this Agreement through the first anniversary thereof, one third of the original principal amount of the WFSG Sub Note (the “First-Year Available Portion”), (ii) at any time following the first anniversary of the date of this Agreement, one third of the original principal amount of the WFSG Sub Note plus any of portion of the First-Year Available Portion not prepaid previously pursuant this Section 3.2(c) and (iii) at any time following the second anniversary of this Agreement, any outstanding principal amount of the WFSG Sub Note, subject, in each case, to any reductions in the outstanding principal amount of the WFSG Sub Note pursuant to Section 9.2(c)(iii).

Available Portion means, at any time when an Actionable Default exists, such portion of the Collateral (which may be all or any part of the Collateral) with respect to which the Collateral Agent shall have determined, in its reasonable discretion except as limited by mandatory provisions of applicable law, to exercise rights to vote the same or to dispose of the same pursuant to Section 11 or 13 of this Agreement. The Available Portion may be altered by the Collateral Agent from time to time without limitation except as otherwise provided by mandatory provisions of applicable law and shall be evidenced by such business records as the Collateral Agent may maintain to its satisfaction with respect thereto.

Available Portion means, as to any Lender, the product of (a) such Lender's Commitment and (b) the percentage obtained by dividing the Available Commitment Amount by the Commitments.

Available Portion means, at any time when an Event of Default (as defined herein) exists, such portion of the Collateral (which may be all or any part of the Collateral) with respect to which Secured Party shall have determined, in its discretion except as limited by mandatory provisions of applicable law, to exercise rights to dispose of the same (within the meaning of Rule 13d-3(d)(3) under the Securities Exchange Act of 1934, as amended) pursuant to this Agreement. The Available Portion may be altered by Secured Party from time to time without limitation and except as otherwise provided by mandatory provisions of applicable law. The Available Portion shall be evidenced at any time by the most recent written notice by Secured Party sent to Pledgor expressly specifying such Available Portion (each an “Available Portion Notice”). For the avoidance of doubt, only an Available Portion Notice shall establish the Available Portion for purposes of this Agreement.

Available Portion as used herein means, at any time when an Event of Default exists, such portion of the Collateral (which may be all or any part of the Collateral) with respect to which the Collateral Agent shall have determined, in its discretion but subject to Sections 6(g) and 8(d) and except as limited by mandatory provisions of applicable law, to exercise rights to dispose of the same pursuant to Section 6 or 8 of this Agreement. The Available Portion may be altered by the Collateral Agent from time to time without limitation but subject to Section 8(d) and except as otherwise provided by mandatory provisions of applicable law and shall be evidenced by such business records as the Collateral Agent may maintain to its satisfaction with respect thereto.

Available Portion at any time shall be the lesser of (a) the most recently determined Borrowing Base less the principal amount of the Private Placement Notes outstanding at such time, or (b) the Commitments.

Available Portion means, at any time when an Event of Default exists, such portion of the Relevant Collateral (which may be all or any part of the Relevant Collateral) with respect to which the relevant Applicable Lender shall have determined, in its discretion but subject to Sections 6(g) and 8(d) and except as limited by mandatory provisions of applicable law, to exercise rights to dispose of the same pursuant to Section 6 or 8 of this Agreement. The Available Portion may be altered by the relevant Applicable Lender from time to time without limitation but subject to Section 8(d) and except as otherwise provided by mandatory provisions of applicable law and shall be evidenced by such business records as such Applicable Lender may maintain to its satisfaction with respect thereto.