Availability Certificate. As soon as available and in any event (i) within (A) 45 days after the end of each of the first three quarters of each Fiscal Year and (B) 90 days after the end of the fourth quarter of each Fiscal Year, and (ii) on any Test Date described in clauses (b) through (d) in the definition thereof, on a pro forma basis after giving effect to the applicable event giving rise to such Test Date, an Availability Certificate, as at the end of the previous fiscal quarter, certified by the Chief Financial Officer (or other Responsible Officer performing similar functions) of the Parent Guarantor.
Availability Certificate. Within 30 days of the end of each month, an Availability Certificate dated as of the end of the most recently ended month and executed by a chief financial officer of Borrower on behalf of Borrower; provided that at any time an Event of Default exists, Agent may require Borrower to deliver Availability Certificates more frequently.
Availability Certificate. Availability Certificate reflecting required information as of a date not more than 5 days prior to the Closing Date.
Availability Certificate. Concurrent with the delivery of each interim report pursuant to Section 6.1.2, an Availability Certificate dated as of the end of the most recently ended month covered by such interim report and executed by a chief financial officer of Borrower on behalf of Borrower; provided that at any time an Event of Default exists, Agent may require Borrower to deliver Availability Certificates more frequently.
Availability Certificate. A duly completed Availability Certificate setting forth the availability as of a date not more than five (5) days prior to the Restatement Effective Date;
Availability Certificate. The Administrative Agent shall have received the current Availability Certificate in accordance with Section 6.1(d).
Availability Certificate. At each time financial statements are delivered pursuant to Sections 6.1(a) and (b), and on the closing date of any Recalculation Transaction, an Availability Certificate.
Availability Certificate. The Agent shall have received a duly completed Availability Certificate setting forth availability under the Revolving Loan Commitment as of a date not more than five (5) days prior to the date of Borrowing or issuance of the L/C Facility and, after giving effect to such Borrowing or L/C Facility, as the case may be: (i) the outstanding principal balance of the Revolving Loans plus all outstanding Letter of Credit Participation Liability will not exceed the Maximum Revolving Loan Balance (calculated on a pro forma basis giving effect to such Borrowing or L/C Facility) , and (ii) the Adjusted Total Leverage Ratio (calculated on a pro forma basis giving effect to such Borrowing or L/C Facility) will not exceed 4.00 to 1.00; and (iii) the Total Leverage Ratio (calculated on a pro forma basis giving effect to such Borrowing or L/C Facility) will not exceed 4.50 to 1.00; and (iv) if the proceeds of such Revolving Loan are to be used in whole or in part to fund purchase or acquisition of real Property, after funding of such Revolving Loan or L/C Facility, Availability will not be less than $2,000,000.
Availability Certificate. The Availability and advancement of funds under the Facility shall be based upon a duly executed “Availability Certificate” in a form substantially similar to the Availability Certificate attached hereto as Schedule B, as amended from time to time by Bank in its sole discretion. Only Approved Sellers and Eligible Accounts of Approved Sellers shall be included in the Availability Certificate and used to calculate the Availability under the Facility. As used herein, “Availability” shall mean an amount equal to the Bank Advance Rate multiplied by the aggregate Factor Advances (as defined below). As used herein, “Factor Advance” means that amount advanced by Factor to an Approved Seller, which amount is calculated by multiplying the Factor Advance Rate by the face value of the Approved Seller’s Invoices purchased by Factor provided, however, that the principal balance of such advances shall not at any time exceed ninety percent (90%) of the face value of such Approved Seller’s Invoices purchased by Factor for Availability purposes. By way of example only, if the Factor Advance Rate is 85%, and the Bank Advance Rate is 80%, and Factor advances against an Approved Seller’s Invoices of $1,000, Factor may not list on the Availability Certificate more than $850 (85% of Invoice) for such Invoice, and if Factor advances 85% against such Invoice, Bank will advance no more than $680 (80% of $850) to Factor.
Availability Certificate. As soon as available and in any event within five Business Days after the end of each month as to which as of such month end Borrowing Base Assets exist, a completed Availability Certificate calculating the Borrowing Base Asset Value for each Borrowing Base Asset as at the last day of such month (as well as declining Borrowing Base Asset Values over time). (e)
