Determination of Availability definition

Determination of Availability means a good faith determination made by the Administrative Agent upon receipt by the Administrative Agent of a request for a Loan or Loans under the Agreement that upon the funding of such Loan or Loans the Borrowers will be in compliance with the requirements of Paragraphs 6(d)(1), 6(d)(2), 6(d)(3), and 6(d)(4) of the Agreement.
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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

  • Supervised regression modeling was performed on the data set by the use of Partial Least Squares Discriminant Analysis (PLS-DA) and Orthogonal Partial Least Squares Discriminant Analysis (OPLS-DA) to identify the potential anti- SARS-CoV-2 biomarkers.

  • As a result of applying the Determination of Availability two-step process, the issue of navigational servitude is deemed applicable to this project as it relates to the Federal construction and subsequent operation and maintenance responsibilities.

  • However, little has been researched on how the project practices such as life cycle management of projects contributed to improving the overall success of projects.

  • As a result of applying the Determination of Availability two-step process, the issue of navigational servitude is deemed applicable to this project as it relates to the Federal construction and subsequent operation and maintenance responsibilities.Therefore, no further Federal real estate interest is required for project construction and operation and maintenance in navigable waters below the mean high water mark.

  • Determination of Availability The OFCCP defines under-representation as “having fewer minorities or women in a particular job group than would reasonably be expected by the availability.” The regulation then lists two factors, which, at a minimum, the university must “consider” in determining whether under-representation exists for minorities or women.

  • Upon approval of the permit, the application will be forwarded to the Savannah District Real Estate Division for Determination of Availability and approval or denial of the license, if applicable.

  • In one case, the winner did not provide a certificate from the competent judicial authority.The AGE had initiated the procurement activity “Presentation of women in written media 2010-2011”, without the Statement of Needs and Determination of Availability of Funds.

  • As a result of applying the Determination of Availability two-step process, the issue of navigational servitude is deemed applicable to this project as it relates to the Federal construction and subsequent O&M responsibilities.

  • Since the project has been approved by the government, and a grant has been extended for project financing purposes, confirms the need and funds availability for all the envisaged project activities (waiving the requirement for the Statement of Needs and Determination of Availability of Funds pursuant to the local procurement legislation).

  • This Agreement contains the entire agreement between the Parties concerning the subject matter hereof and supersedes all prior agreements, understandings and statements with respect thereto.

Related to Determination of Availability

  • Average Availability means, with respect to any period, the sum of the aggregate amount of 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.

  • 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 Maximum Amount less the sum of (i) the Revolving Loan and Swing Line Loan then outstanding and (ii) the Reserves as then in effect.

  • 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 for each System is calculated as follows:

  • Quarterly Average Excess Availability means, at any time, the daily average of the Excess Availability for the immediately preceding fiscal quarter as calculated by Agent in good faith.

  • 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 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.

  • Average Monthly Limit means the maximum allowable "Average Monthly Concentration" as defined in Section 22a-430-3(a) of the RCSA when expressed as a concentration (e.g. mg/l); otherwise, it means "Average Monthly Discharge Limitation" as defined in Section 22a-430-3(a) of the RCSA.

  • 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 of determination, the ratio of (i) Adjusted Liabilities to (ii) Tangible Net Worth.

  • 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.