Related to Availability of
Undrawn Availability After giving effect to the initial Advances hereunder, Borrowers shall have Undrawn Availability of at least $10,000,000;
Service Availability The Service Availability of the Tyler Software is intended to be 24/7/365. We set Service Availability goals and measures whether we have met those goals by tracking Attainment.
Funds Availability Funds from items deposited through a Deposit Capture service will be available on the day the item is cleared by the payor bank and the Credit Union has been given credit. There may be additional holds on deposited items as set forth in the Credit Union's Funds Availability disclosure, as amended from time to time, which is incorporated herein by reference. For purposes of determining the availability of funds, checks deposited by a Deposit Capture service are considered received by the Credit Union when the checks have cleared and funds are available to the Credit Union. You agree that the scanning and transmitting of checks does not constitute receipt by Credit Union. Acknowledgment of receipt or delivery does not constitute an acknowledgment by Credit Union that the transmission of a check or items does not contain errors or that funds will be available.
Availability of Funds Unless Administrative Agent shall have been notified by any Lender prior to the applicable Credit Date that such Lender does not intend to make available to Administrative Agent the amount of such Lender’s Loan requested on such Credit Date, Administrative Agent may assume that such Lender has made such amount available to Administrative Agent on such Credit Date and Administrative Agent may, in its sole discretion, but shall not be obligated to, make available to Borrower a corresponding amount on such Credit Date. If such corresponding amount is not in fact made available to Administrative Agent by such Lender, Administrative Agent shall be entitled to recover such corresponding amount on demand from such Lender together with interest thereon, for each day from such Credit Date until the date such amount is paid to Administrative Agent, at the customary rate set by Administrative Agent for the correction of errors among banks for three Business Days and thereafter at the Base Rate. If such Lender does not pay such corresponding amount forthwith upon Administrative Agent’s demand therefor, Administrative Agent shall promptly notify Borrower and Borrower shall immediately pay such corresponding amount to Administrative Agent together with interest thereon, for each day from such Credit Date until the date such amount is paid to Administrative Agent, at the rate payable hereunder for Base Rate Loans for such Class of Loans. Nothing in this Section 2.5(b) shall be deemed to relieve any Lender from its obligation to fulfill its Term Loan Commitments and Revolving Commitments hereunder or to prejudice any rights that Borrower may have against any Lender as a result of any default by such Lender hereunder.
System Availability System Availability percentage is calculated as follows: SLA % = (Total Minutes in the Month-Scheduled –Downtime) / (Total Minutes in the Month-Scheduled Downtime) * 100 System Availability SLA99.5% System Availability percentage during each Month for productiveVersionsCredit2% of Monthly Subscription Fees for each 1% below System Availability SLA,not to exceed 100% of Monthly Subscription FeesExcluded DowntimeTotal 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 Major Upgrade Window described in Section 5 for which the customer has been notified at least five (5) business days prior to such Major Upgrade Window or (iii) unavailability caused by factors outside of HRMANTRA’s reasonable control, such as unpredictable and unforeseeable events that could not have been avoided even if reasonable carehad been exercised.Scheduled DowntimeScheduled Downtime for the HRMANTRA Cloud Services to which customerhas subscribed is set forth in Section 4 below entitled “Maintenance Windows for HRMANTRA Cloud Services”.
Availability of Utilities All utility services necessary for the construction of the Improvements will be available prior to the commencement of construction, and all utility services necessary for the proper operation of the Improvements for their intended purposes are available at the Leased Premises or will be available at the Leased Premises prior to the Final Disbursement Date, at commercially comparable utility rates and hook-up charges for the vicinity, including water supply, storm and sanitary sewer facilities, gas, electricity and telephone facilities. Lessee shall furnish evidence of such availability of utilities from time to time at Lessor's request.
General Availability To the extent that (a) you are eligible under the general provisions thereof (including without limitation, any plan provision providing for participation to be limited to persons who were employees of the Company or certain of its subsidiaries prior to a specific point in time) and (b) the Company maintains such plan or program for the benefit of its executives, during the term of your employment with the Company, you shall be eligible to participate in any savings plan, or similar plan or program and in any group life insurance, hospitalization, medical, dental, accident, disability or similar plan or program of the Company now existing or established hereafter.
Product Availability Insurance Companies have obtained authorization to offer and sell the Products under the applicable insurance and securities laws of various states and other jurisdictions. Producers will, upon request, be provided with a list of those states and jurisdictions in which the Products have been authorized for sale. Insurance Companies will file and make all statements or reports as are or may be required by the laws of such state or jurisdiction to maintain these qualifications in effect.
Minimum Availability Borrower shall have minimum availability immediately following the initial funding in the amount set forth on the Schedule.
Availability of Services League InfoSight shall use commercially reasonable efforts to provide access to the Service twenty-four (24) hours a day, seven (7) days a week throughout the term of this Agreement. You accept that from time to time the Service may be inaccessible or inoperable for various reasons, including scheduled maintenance procedures or upgrades or certain unscheduled Service or equipment malfunctions that are beyond the control of League InfoSight such as the interruption or failure of telecommunication or digital transmission links, hostile network attacks network congestion or other failures.