Availability Analysis Sample Clauses

Availability Analysis. Within thirty (30) days after the end of each quarter, a completed Availability Analysis in the form of Exhibit 9.5(h), and such other information as the Agent may have reasonably requested to determine the accuracy of such calculation, calculated as of the end of the preceding quarter.
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Availability Analysis. Availability, the crux of a constitutional disparity study, has been highly scrutinized by the courts. Xxxxxx defines “availability” as the number of businesses in the jurisdiction’s geographic market area which are willing and able to provide goods or services. Circuit courts have addressed the issue of ability, the legal principle commonly known as capacity. A constitutionally sound analysis that calculates availability must address capacity of the willing businesses to perform the jurisdiction’s contracts. The methodology to enumerate willing and able businesses within the market area is based on two factors: 1) interest in doing business with the County, as implied by the term “willing,” and 2) ability or capacity to provide a service or goods, as implied by the term “able.” Xxxxx Xxxxxxx has prepared a comprehensive dataset of businesses in Xxxxxx County in the performance of the 2019 Houston METRO Disparity Study. Businesses in Xxxxx Xxxxxxx’x dataset provide the full array of goods and services a county government procures. Once the market area is defined, in accordance with the analysis described above, the relevant businesses listed in the Houston METRO database will be identified. Building upon our database of market area businesses identified in performing the METRO disparity study additional research will be undertaken to identify other market area businesses willing to contract with the County. Chart 1: Determination of Availability Willing Businesses which confirm their interest in working with the City Able Businesses with the ability/capacity to work with the City The method Xxxxx Xxxxxxx used to compile the database of Xxxxxx County businesses was both rigorous and court-approved in both the Fifth Federal Circuit Court of Appeal7 and the Seventh Federal Circuit Court of Appeal.8
Availability Analysis. Together with the financial statements furnished by the Company under the preceding clauses (a) and (b), a completed Availability Analysis in the form of Exhibit M, and such other information as the Agent may have reasonably requested to determine the accuracy of such calculation, calculated as of the end of the preceding fiscal quarter; provided, however, in the case of calculations based on financial statements of any Acquisition consummated in the preceding fiscal quarter not audited by a nationally recognized accounting firm THIRD AMENDED AND RESTATED REVOLVING CREDIT AGREEMENT
Availability Analysis. Together with the financial statements furnished by the Company under the preceding clauses (a) and (b), a completed Availability Analysis in the form of Exhibit M, and such other information as the Agent may have reasonably requested to determine the accuracy of such calculation, calculated as of the end of the preceding fiscal quarter; provided, however, in the case of calculations based on financial statements of any Acquisition consummated in the preceding fiscal quarter not audited by a nationally recognized accounting firm reasonably acceptable to the Agent, the Agent shall be satisfied that the consolidated EBITDA of the Auto Dealer so acquired pursuant to the proposed Acquisition exceeded zero for such period; and
Availability Analysis. Within 10 Business Days of the end of each month, a completed Availability Analysis in the form of Exhibit 5.5(f), and such other information as the Agent may have reasonably requested to determine the accuracy of such calculation, calculated as of the end of the preceding month;

Related to Availability Analysis

  • Product Availability Under no circumstances shall Company be responsible to Representative or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay is due to strike, accident, labor trouble, acts of nature, freight embargo, war, civil disturbance, vendor problems or any cause beyond Company's reasonable control.

  • Service Availability You understand that Service availability is at all times conditioned upon the corresponding operation and availability of the communication systems used in communicating your instructions and requests to the Credit Union. We will not be liable or have any responsibility of any kind for any loss or damage thereby incurred by you in the event of any failure or interruption of such communication systems or services resulting from the act or omission of any third party, or from any other cause not reasonably within the control of the Credit Union.

  • EPP service availability Refers to the ability of the TLD EPP servers as a group, to respond to commands from the Registry accredited Registrars, who already have credentials to the servers. The response shall include appropriate data from the Registry System. An EPP command with “EPP command RTT” 5 times higher than the corresponding SLR will be considered as unanswered. If 51% or more of the EPP testing probes see the EPP service as unavailable during a given time, the EPP service will be considered unavailable.

  • System Availability System Availability percentage is calculated as follows:  Total MinutesintheMonth −Downtime   System Availability%age =  Total MinutesintheMonth *100    System Availability SLA (“SLA”) 99.5% System Availability percentage during each Month for productive versions Credit 2% of Monthly Subscription Fees for each 1% below SLA, not to exceed 100% of Monthly Subscription Fees Excluded Downtime Total Minutes in the Month attributable to: (i) a Scheduled Downtime for which a Regular Maintenance Window is described in Section 4 below, or (ii) any other Scheduled Downtime according to Section 4 for which the customer has been notified at least five (5) business days prior to such Scheduled Downtime or (iii) unavailability caused by factors outside of SAP’s reasonable control, such as unpredictable and unforeseeable events that could not have been avoided even if reasonable care had been exercised. Scheduled Downtime Scheduled Downtime for the applicable Cloud Services to which customer has subscribed is set forth in Section 4 below entitled “Maintenance Windows for Cloud Services”.

  • High Availability Registry Operator will conduct its operations using network and geographically diverse, redundant servers (including network-­‐level redundancy, end-­‐node level redundancy and the implementation of a load balancing scheme where applicable) to ensure continued operation in the case of technical failure (widespread or local), or an extraordinary occurrence or circumstance beyond the control of the Registry Operator. Registry Operator’s emergency operations department shall be available at all times to respond to extraordinary occurrences.

  • Availability of Earnings Statements The Company shall make generally available to holders of its securities as soon as may be practicable but in no event later than the last day of the fifteenth (15th) full calendar month following the calendar quarter in which the most recent effective date occurs in accordance with Rule 158 of the Rules and Regulations, an earnings statement (which need not be audited but shall be in reasonable detail) for a period of twelve (12) months ended commencing after the effective date, and satisfying the provisions of Section 11(a) of the Act (including Rule 158 of the Rules and Regulations).

  • General Availability The commitment to availability specified in the letter of appointment shall be subject to mutually acceptable revision. Such revision will occur once per year, or, if mutually agreed between the Employer and the employee, on a more frequent basis. The Employer will issue a revised letter of appointment to reflect approved changes to employee’s general availability.

  • Benchmark Unavailability Period Upon the Borrower’s receipt of notice of the commencement of a Benchmark Unavailability Period, the Borrower may revoke any pending request for a SOFR Borrowing of, conversion to or continuation of SOFR Loans to be made, converted or continued during any Benchmark Unavailability Period and, failing that, the Borrower will be deemed to have converted any such request into a request for a Borrowing of or conversion to Base Rate Loans. During a Benchmark Unavailability Period or at any time that a tenor for the then-current Benchmark is not an Available Tenor, the component of Base Rate based upon the then-current Benchmark or such tenor for such Benchmark, as applicable, will not be used in any determination of Base Rate.

  • Minimum Availability Borrower shall have minimum availability immediately following the initial funding in the amount set forth on the Schedule.

  • RDDS availability Refers to the ability of all the RDDS services for the TLD, to respond to queries from an Internet user with appropriate data from the relevant Registry System. If 51% or more of the RDDS testing probes see any of the RDDS services as unavailable during a given time, the RDDS will be considered unavailable.

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