Determination of Availability definition

Determination of Availability means a determination made by the Administrative Agent upon receipt by the Administrative Agent of a request for a Loan or Loans hereunder that upon the funding of such Loan or Loans the Company will be in compliance with the requirements of Paragraphs 7(d)(1) and 7(d)(2) above.
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Determination of Availability means a determination made by the Lender upon receipt by the Lender of a request for a Revolving Loan hereunder that upon the funding of such Revolving Loan the Company will be in compliance with the requirements of Paragraph 1(a) above.
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Examples of Determination of Availability in a sentence

  • Each Determination of Availability Report will include an evaluation of the flood hazards, if any, relative to the property involved in the proposed outgrant action, pursuant to the provi- sions of Executive Order 11296, August 10, 1966.

  • Note, in these instances, Regulatory can render a permit decision before USACE issues the shoreline use permits or outgrants, as long as Regulatory has received the Determination of Availability or confirmation of consistency with the approved project master plan, whichever is applicable to the proposed alteration.

  • In such cases, the project master planning process or the procedure for preparing the Report and Determination of Availability satisfies the requirements for Section 408 for the proposed alteration.

  • When a proposed alteration will be carried out entirely within the boundaries of real property of the United States or reservoirs managed by USACE, a separate evaluation under the procedures in this EC is not required, so long as the alteration is either consistent with an approved project master plan developed according to references A.34 and A.39, or subject to a Report and Determination of Availability under chapter 8 of reference A.28.

  • In cases where a Report or Determination of Availability is not required by chapter 8 of reference A.28, and the proposed alteration has not been evaluated during the project master planning process, a Section 408 permission is required prior and in addition to, the permit or outgrant issued by the other federal agency.

  • The PPRC shall develop a standard form “Statement of Needs and Determination of Availability of Funds” that CAOs and CFO’s shall use to comply with this Article.

  • If the CAO determines that the contracting authority should proceed with the procurement activity, the CAO shall provide a copy of the Statement of Needs and Determination of Availability of Funds to the Authorizing Officer and to the most senior official of the contracting authority (unless the CAO is the most senior official).

  • The CAO shall ensure that the signed original of each and every Statement of Needs and Determination of Availability of Funds is maintained in the contracting authority’s records and that a copy is provided to the CFO.

  • The Sections on Examination of Title, Determination of Availability for Sale, Survey, Legal Description, Appraisal and Conveyance of Title all apply to an exchange.

  • If the objects of the procurement activity have not been included in the contracting authority’s final procurement forecast provided to the PPA pursuant to Section 7.2, the contracting authority shall provide a copy of the concerned “Statement of Needs and Determination of Availability of Funds” to the PPA at least five (5) business days before initiating the concerned procurement activity.

Related to Determination of Availability

  • Average Availability means, at any Adjustment Date, the average daily Availability for the fiscal quarter immediately preceding such Adjustment Date.

  • Required Availability means Excess Availability and unrestricted cash and Cash Equivalents in an amount of not less than $5,000,000.

  • Service Availability The total number of minutes in a calendar quarter that the Tyler Software is capable of receiving, processing, and responding to requests, excluding maintenance windows, Client Error Incidents and Force Majeure.

  • Borrowing Base Availability means, at the time of any determination, an amount equal to the lesser of the Borrowing Base at such time and the aggregate amount of the Commitments at such time.

  • Undrawn Availability at a particular date shall mean an amount equal to (a) the lesser of (i) the Formula Amount, or (ii) the Maximum Revolving Advance Amount, minus the Maximum Undrawn Amount of all Letters of Credit, minus (b) the sum of (i) the outstanding amount of Revolving Advances, plus (ii) amounts due and owing to any Borrower’s trade creditors which are outstanding sixty (60) days or more past the due date thereof.

  • Borrowing Availability means, as of any date of determination, the lesser of (i) the Maximum Amount and (ii) the Borrowing Base, in each case, less the sum of the aggregate Revolving Loan and Swing Line Loan then outstanding.

  • Maximum Availability means, as of any date of determination, the difference of (i) the Facility Amount minus (ii) the balance of all unfunded Advances approved but not yet funded minus (iii) the Aggregate Unfunded Amount plus (iv) all amounts on deposit in the Unfunded Exposure Account, each as of such date of determination.

  • Average Excess Availability means, with respect to any period, the sum of the aggregate amount of Excess Availability for each Business Day in such period (calculated as of the end of each respective Business Day) divided by the number of Business Days in such period.

  • Excess Availability means, as of any date of determination, the amount equal to Availability minus the aggregate amount, if any, of all trade payables of Borrower and its Subsidiaries aged in excess of historical levels with respect thereto and all book overdrafts of Borrower and its Subsidiaries in excess of historical practices with respect thereto, in each case as determined by Agent in its Permitted Discretion.

  • Borrowing Base Utilization Percentage means, as of any day, the fraction expressed as a percentage, the numerator of which is the sum of the Revolving Credit Exposures of the Lenders on such day, and the denominator of which is the Borrowing Base in effect on such day.

  • Final Availability Date means the earlier of the Revolving Termination Date and one (1) Business Day prior to the date specified in clause (a) of the definition of Revolving Termination Date.

  • System Availability means, with respect to any particular calendar month, the ratio obtained by subtracting Unscheduled Downtime during such month from the Total Monthly Time, and thereafter dividing the difference so obtained by the Total Monthly Time. Represented algebraically, System Availability for any particular calendar month is determined as follows:

  • Adjusted Eurodollar Rate means for any Interest Period with respect to any Eurodollar Loan, an interest rate per annum (rounded upwards, if necessary, to the next 1/100 of 1.00%) equal to (a) the Eurodollar Rate for such Interest Period multiplied by (b) the Statutory Reserves.

  • Non-Availability Charges has the meaning set forth in the CAISO Tariff.

  • Average Daily Availability means, as of any date of determination, the average daily Availability for the immediately preceding Fiscal Quarter.

  • Base LIBOR Rate means the rate per annum, determined by Agent in accordance with its customary procedures, and utilizing such electronic or other quotation sources as it considers appropriate (rounded upwards, if necessary, to the next 1/16%), on the basis of the rates at which Dollar deposits are offered to major banks in the London interbank market on or about 11:00 a.m. (California time) 2 Business Days prior to the commencement of the applicable Interest Period, for a term and in amounts comparable to the Interest Period and amount of the LIBOR Rate Loan requested by Administrative Borrower in accordance with this Agreement, which determination shall be conclusive in the absence of manifest error.

  • Availability Amount is (a) the lesser of (i) the Revolving Line or (ii) the amount available under the Borrowing Base minus (b) the outstanding principal balance of any Advances.

  • Adjusted LIBOR means, for any Borrowing of Eurodollar Loans, a rate per annum determined in accordance with the following formula: Adjusted LIBOR = LIBOR

  • Applicable Measurement Period means the most recently completed four consecutive fiscal quarters of the Issuer immediately preceding the Applicable Calculation Date for which internal financial statements are available.

  • Eurodollar Reserve Requirement means, at any time, the maximum rate at which reserves (including, without limitation, any marginal, special, supplemental, or emergency reserves) are required to be maintained under regulations issued from time to time by the Board of Governors of the Federal Reserve System (or any successor) by member banks of the Federal Reserve System against "Eurocurrency liabilities" (as such term is used in Regulation D). Without limiting the effect of the foregoing, the Eurodollar Reserve Requirement shall reflect any other reserves required to be maintained by such member banks with respect to (i) any category of liabilities which includes deposits by reference to which the Adjusted Eurodollar Rate is to be determined, or (ii) any category of extensions of credit or other assets which include Eurodollar Loans. The Adjusted Eurodollar Rate shall be adjusted automatically on and as of the effective date of any change in the Eurodollar Reserve Requirement.

  • Adjusted Leverage Ratio means, on any date, the ratio of (a) Total Debt as of such date to (b) Adjusted Consolidated EBITDA for the period of four consecutive fiscal quarters of the Borrower most recently ended as of such date, all determined on a consolidated basis in accordance with GAAP.

  • LIBOR Determination Date With respect to any Interest Accrual Period for the LIBOR Certificates, the second London Business Day preceding the commencement of such Interest Accrual Period.

  • Availability Block means $15,000,000.

  • Total Available Amount With respect to any Distribution Date, the sum of the Available Interest and the Available Principal for such Distribution Date and the amount of all cash or other immediately available funds on deposit in the Reserve Account immediately prior to such Distribution Date.

  • Adjusted LIBOR Rate means, at any time with respect to any LIBOR Loan, a rate per annum equal to the LIBOR Rate as in effect at such time plus the Applicable Margin Percentage for LIBOR Loans as in effect at such time.