Additional Availability Sample Clauses

Additional Availability. After giving effect to all Revolving Credit Loans made on the Effective Date and the Letters of Credit issued on such date, (i) the aggregate Availability shall not be less than $10,000,000, and (ii) all liabilities of the Borrower shall be current. The Borrower shall deliver to the Agent a certificate of the chief financial officer of the Borrower certifying as to the matters set forth in clauses (i) and (ii) of this Section 5.01(i) and containing the calculations thereof.

Additional Availability. The following aggregate amounts (including ----------------------- all advances previously made under the Agreement) shall be added to Section 1.1.4 of the Agreement: December 16, 2004 $1,255,000.00 January 13, 2005 $1,355,000.00

Additional Availability. From and after the Eighth Modification Date and until the Maturity Date, Borrowers may borrow amounts constituting Additional Loan Proceeds under this Agreement, so long as (x) the requested advance does not exceed the then applicable Additional Availability, and (y) the outstanding principal balance of the Loan does not exceed the amount of the Aggregate Commitments. Additional Loan Proceeds are not revolving loans and may not be re-borrowed. Additional Loan Proceeds shall be disbursed to Borrowers (but not more frequently than three (3) disbursements per month), subject to the following terms and conditions: (a) no Default or Potential Default shall exist; (b) Administrative Agent shall have approved (such approval not to be unreasonably withheld or conditioned) a Draw Request signed by an Authorized Signer, which Draw Request shall be delivered not less than six (6) Business Days prior to the requested advance (other than the Draw Request to be made on the Eighth Modification Date), and shall (i) specify the Permitted Uses to be funded by the requested Additional Loan Proceeds and the amount required to fund such Permitted Uses, (ii) specify the amount of requested Additional Loan Proceeds, which shall not exceed an amount equal to (A) the amount required to fund such Permitted Uses, minus (B) prior to the first sale of a Property after the Eighth Modification Date in accordance with Section 9.31, any funds in the Cash Sweep Collateral Account (excluding funds already allocated for Pending Disbursements and excluding amounts allocated to the Subaccounts) in excess of $2,000,000, minus (C) any balances held in separate pledged accounts (including but not limited to the Subaccounts) that have been earmarked for such Permitted Uses, and (iii) if such Draw Request is delivered prior to the first sale of a Property after the Eighth Modification Date in accordance with Section 9.31, to the extent there are any funds in the Cash Sweep Collateral Account (excluding funds already allocated for Pending Disbursements) in excess of $2,000,000, include a concurrent Draw Request for a Cash Sweep Disbursement (in accordance with Section 4.25) in an amount at least equal to such excess; (c) Administrative Agent shall not have suspended (or such suspension, if any, shall not then exist) the disbursements of Additional Loan Proceeds for a failure of the Properties to satisfy the Ongoing Debt Service Coverage Ratio in accordance with Section 4.22; (d) Borrowers’ represent...

Additional Availability. On the earlier of (i) the date on which the Lenders make the initial Loan under this Agreement or (ii) the date on which the Borrower obtains the issuance of the initial Letter of Credit under this Agreement (excluding any Existing Letters of Credit), after giving effect to all Loans made on such date, the Letters of Credit issued on such date and all Existing Letters of Credit, the Availability shall not be less than $15,000,000 and the Borrower shall deliver to the Agent a certificate of the Designated Financial Officer of the Borrower certifying that the Availability is not less than $15,000,000 and containing the calculation thereof. Any oral or written request by the Borrower for any Credit Extension hereunder shall constitute a representation and warranty by the Borrower that the conditions set forth in this Section 5.02 have been satisfied as of the date of such request. Failure of the Agent to receive notice from the Borrower to the contrary before such Credit Extension is made shall constitute a further representation and warranty by the Borrower that the conditions set forth in this Section 5.02 have been satisfied as of the date of such Credit Extension.

Additional Availability. After giving effect to all Credit Extensions made on the Closing Date (i) the Availability shall not be less than $35,000,000 (but assuming for purposes of this paragraph 5.01(1) that the Activated Revolving Credit Commitments were $100,000,000 on the Closing Date) and (ii) all liabilities of the Borrower and its Subsidiaries shall be current in accordance with the Borrower's customary business practices. The Borrower shall deliver to the Agent a certificate of the Designated Financial Officer certifying as to the matters set forth in this paragraph 5.01(l).

Additional Availability. Notwithstanding any other provision of ----------------------- this Agreement, Agent and Lenders agree to provide additional availability under the Borrowing Base to the Borrowers on the Closing Date and thereafter in an amount equal to $1,250,000 (the 37 "Additional Amount"), based upon, among other reasons, Agent's receipt at Closing of certificates of title and other acceptable documentation for Vehicles which are titled in states in which the Agent's security interest, on behalf of itself and Lenders, will not be perfected until the appropriate Governmental Authority of such state has indicated on the certificate of title that Agent is a lienholder. As such certificates of title are received by the Agent evidencing that the appropriate Governmental Authority of such state has indicated on such certificates of title that the Agent is the lienholder for such Vehicles or to the extent that Agent perfects a security interest in other Vehicles which were not included in the Borrowing Base on the Closing Date and constitute Eligible Vehicles after the Closing Date, the Additional Amount will be reduced by an amount equal to the increase in the Borrowing Base resulting from Agent's perfection of its security interest in such Vehicles. On the Closing Date, the closing fee payable to KPS will be reduced by $1,250,000. If and when the Additional Amount is reduced to zero pursuant to the terms of the second sentence of this Section 5.12, KPS will be paid the $1,250,000 by which its ------------ closing fee was reduced on the Closing Date notwithstanding Section 6.14 or any other provision of this Agreement.

Additional Availability. After giving effect to all the Loans made and Letters of Credit issued on the Closing Date, (i) the Availability shall be at least $25,000,000 in the aggregate on the Closing Date and (ii) all obligations of the Borrowers shall be current. The Borrowers shall deliver to the Agent a certificate of the Designated Financial Officer of the Administrative Borrower certifying as to the matters set forth in clauses (i) and (ii) above and containing the calculations thereof.

Additional Availability. On the earlier of (i) the date on which the Lenders make the initial Loan under this Agreement or (ii) the date on which the Borrower obtains the issuance of the initial Letter of Credit under this Agreement (excluding any Existing Letters of Credit), after giving effect to all Loans made on such date, the Letters of Credit issued on such date and all Existing Letters of Credit, the Availability shall not be less than $1,000,000 and the Borrower shall deliver to the Agent a certificate of the Designated Financial Officer of the Borrower certifying that the Availability is not less than $1,000,000 and containing the calculation thereof.

Additional Availability. (a) The following aggregate amounts (including all advances previously made under the Agreement) shall be added to Section 1.1.7 of the Agreement, but never in excess of the Borrowing Base (as hereinafter defined) (the "Additional Amounts"): Closing of this Amendment $ 450,000 (the "FIRST DISBURSEMENT") ------------------ November 16, 2004 $ 125,000 November 22, 2004 $ 150,000 November 30, 2004 $ 62,500 December 6, 2004 $ 200,000 December 16, 2004 $ 62,500 December 20, 2004 $ 200,000 TOTAL $1,250,000 (b) The Initial Transaction Costs up to and including $25,000 and the Placement Fee shall be deducted from the First Disbursement. (c) The First Disbursement shall not be disbursed until after the payment of the Placement Fee and the initial Transaction Costs (in accordance with Section 2(b)), and unless and until Borrowers deliver to Lender the following documents set forth on SCHEDULE 2(C) hereto.