Available Currency. Any and all prepayments made by the Borrower under the Facility Documents shall be made in the applicable Available Currency.
Available Currency. (i) in the case of a US Borrower, Dollars, and (ii) in the case of UK Borrower, Sterling, Euro and Dollars. Availability: the sum of US Availability and UK Availability. Availability Block: $4,000,000, which amount shall be reduced to $0 upon the termination of the FILO Period if no Default or Event of Default exists at such time. Bank of America: Bank of America, N.A., a national banking association, and its successors and assigns. Bank of America Indemnitees: Bank of America and its officers, directors, employees, Affiliates, branches, agents and attorneys. Bank Product: US Bank Product or UK Bank Product, as the context requires. Bank Product Reserve: US Bank Product Reserve or UK Bank Product Reserve, as the context requires. Bankruptcy Code: Title 11 of the United States Code. Board of Governors: the Board of Governors of the Federal Reserve System.
Available Currency. Notwithstanding any other provision herein, if any Change in Law shall make it unlawful for a Revolving Lender to make or maintain any Available Currency Loan or to give effect to its obligations as contemplated hereby with respect to any such Loan or in the event that there shall occur any material adverse change in national or international financial, political or economic conditions or currency exchange rates or exchange controls which would in the opinion of a Revolving Lender makes it impracticable for any Available Currency Loan to be denominated in an Available Currency, then, by written notice to the Borrower and the Administrative Agent, the applicable Revolving Lender may: (i) declare that such Loans will not thereafter be made and (ii) require that all outstanding Available Currency Loans so affected be repaid or converted to Loans denominated in Dollars or another Available Currency.
Available Currency in respect of a Funding Portion to be denominated in a Foreign Currency other than an Available Currency, the Lender (in its absolute discretion) has given its prior consent in writing to providing the Funding Portion in the requested Foreign Currency.
Available Currency. If the Borrowing results in an increase in the aggregate outstanding principal amount of the Loans, the Borrower hereby represents and warrants that the conditions specified in paragraphs (a) and (b) of Section 4.02 of the Credit Agreement are satisfied. The Borrower has caused this Borrowing Request to be executed and delivered by its Authorized Officer this _____ day of ___________, 20_____. Very truly yours, TRINITY INDUSTRIES, INC. By:____________________________________ Name:__________________________________ Title:_________________________________
Available Currency. Australian Borrower Australian dollars, US dollars, euro and sterling U.S. Borrower US dollars and euro English Borrower euro, sterling and US dollars
Available Currency. (i) in the case of a US Borrower, Dollars, and (ii) in the case of UK Borrower, Sterling, Euro and Dollars. Availability: the sum of US Availability and UK Availability. Bail-In Action: the exercise of any Write-Down and Conversion Powers by the applicable EEA Resolution Authority in respect of any liability of an EEA Financial Institution.
Available Currency. (a) in the case of a US Borrower, (i) for any US Base Rate Loan, Dollars and (ii) for any US LIBOR Loan or Letter of Credit, Dollars, Sterling or Euro, and (b) in the case of a UK Borrower, Sterling, Euro or Dollars. Availability: the sum of US Availability and UK Availability. Bail-In Action: the exercise of any Write-Down and Conversion Powers by the applicable EEA Resolution Authority in respect of any liability of an EEA Financial Institution. Bail-In Legislation: with respect to any EEA Member Country implementing Article 55 of Directive 2014/59/EU of the European Parliament and of the Council of the European Union, the implementing law for such EEA Member Country from time to time which is described in the EU Bail-In Legislation Schedule.
Available Currency. Dollars, Singapore Dollars and any other currency approved by Agent and Lenders in their sole discretion. Availability: the Borrowing Base minus Revolver Usage. Availability Reserve: the sum (without duplication) of (a) the Rent and Charges Reserve; (b) [Reserved]; (c) the aggregate amount of liabilities secured by Liens upon Collateral that are or may be senior to Agent’s Liens (but imposition of any such reserve shall not waive an Event of Default arising therefrom); (d) the Dilution Reserve; and (e) such additional reserves, in such amounts and with respect to such matters, as Agent in its Permitted Discretion may elect to impose from time to time. Average Availability: for any period of a completed Fiscal Quarter, the average of the daily amount of Availability for such period, provided, that solely for purposes of calculating the Applicable Margin, Average Availability shall be determined without reference to clause (a) of the definition of Borrowing Base.
Available Currency. (i) in the case of a US Borrower, Dollars, and (ii) in the case of UK Borrower, Sterling, Euro and Dollars. Availability: the sum of US Availability and UK Availability. Bail-In Action: the exercise of any Write-Down and Conversion Powers by the applicable EEA Resolution Authority in respect of any liability of an EEA Financial Institution. Bail-In Legislation: with respect to any EEA Member Country implementing Article 55 of Directive 2014/59/EU of the European Parliament and of the Council of the European Union, the implementing law for such EEA Member Country from time to time which is described in the EU Bail-In Legislation Schedule. Bank of America Indemnitees: Bank of America and its officers, directors, employees, Affiliates, branches, agents and attorneys. Bank Product: US Bank Product or UK Bank Product, as the context requires. Bank Product Reserve: US Bank Product Reserve or UK Bank Product Reserve, as the context requires. Bankruptcy Code: Title 11 of the United States Code. Board of Governors: the Board of Governors of the Federal Reserve System.
