Availment Clause Samples
The Availment clause defines the conditions under which a party can utilize or draw upon certain rights, benefits, or resources specified in the agreement. Typically, this clause outlines the procedures, requirements, or limitations for accessing these entitlements, such as drawing funds from a credit facility or invoking a contractual remedy. Its core practical function is to ensure clarity and structure around when and how parties may exercise specific contractual rights, thereby reducing disputes and misunderstandings.
Availment. On the day of Closing (as hereinafter defined) the Purchaser shall advance the sum of Seven Hundred and Fifty Thousand Dollars ($750,000) to the Company ("Tranche 1") less all expenses properly deductible pursuant to the terms hereof. Provided that the Company is in full compliance with the Transaction Documents at the time, additional draws may be made by the Company in the amounts and within the time periods set out below:
(a) Two Hundred and Fifty Thousand Dollars ($250,000) within ten (10) business days from the Effective Date ("Tranche 2"); and
(b) Five Hundred Thousand Dollars ($500,000) within ten (10) business days of each of the following:
(i) the 60th day from the Effective Date ("Tranche 3");
(ii) the 90th day from the Effective Date ("Tranche 4"); and
(iii) the 150th day from the Effective Date ("Tranche 5"). Notwithstanding the foregoing, the Purchaser shall not be under any obligation to make any advance under, Tranche 2, Tranche 3, Tranche 4 or Tranche 5 unless on each of the five (5) Trading Days ending the day prior to a request for an advance by the Company the Closing Bid Price exceeds One Dollar ($1.00).
Availment. The Loan will be available to the Borrower in a single draw of US$50,000,000 on the Closing Date, upon satisfaction of the conditions set out in Section 7.1 and receipt by the Lender of a Borrowing Notice at least five Business Days prior to the proposed advance (or such later date as may be agreed to in writing by the Lender).
Availment. 2.2.1 The Facility will be available to the Borrower in multiple Advances, consisting of the First Advance and up to four Subsequent Advances, following the satisfaction of the respective conditions precedent to the First Advance and the Subsequent Advances as set forth herein, and provided that Subsequent Advances will be available until the date that is 36 months after the Closing Date (the “Availability Period”).
2.2.2 The First Advance shall be in the amount of $100,000,000. Each Subsequent Advance must be in a minimum amount of at least $50,000,000.
2.2.3 The Borrower shall provide at least 20 business days’ prior written notice to the Administrative Agent of any requested Advance under the Facility, including amount to be drawn pursuant to such requested Advance and the date of the requested Advance Date. No advance shall be requested under the Facility within 90 days of another Advance.
2.2.4 Following the end of the Availability Period, the Administrative Agent shall provide to the Borrower a schedule of amortization payments (the “Amortization Schedule”) in respect of the repayment of the Principal Amount (including any PIK Interest that has been added thereto), providing for repayment of the Principal Amount in six equal semi-annual installments (each, an “Amortization Payment”) on a semi-annual basis, with the last such payment being on the Maturity Date. The Amortization Schedule prepared by the Administrative Agent shall be conclusive, absent manifest error and all payments set out on such schedule shall be due any payable in the amounts and on the dates set forth therein.
Availment. 2.2.1 The Loan will be available to the Borrower in a single advance on any Business Day during the Commitment Period, upon satisfaction of the conditions set out in Section 7.1 and receipt by the Lender of a Borrowing Notice at least two (2) Business Days prior to the proposed advance (or such later date as may be agreed to in writing by the Lender).
2.2.2 Any Loan amount available which is not drawn on the initial advance thereof or at the end of the Commitment Period, whichever occurs first, will cease to be available hereunder.
Availment. 2.1. Upon approval of the Application, the Client may use the Facility by: (a) scanning the QR code of partner- merchants, or inputting the necessary details to transfer applicable amounts to partner-merchants, through the Salmon App to pay for goods or services; or (b) paying authorized online merchants for purchases of goods and services. The Client will receive a notification via the Salmon app or via SMS for every successful transaction.
2.2. The disbursed Facility shall only be used as payment to a specific partner-merchant for a specific transaction. No portion of the disbursed Facility shall be maintained on the Client’s Salmon Account or Salmon App.
2.3. The Client assumes full responsibility for all transactions made using Salmon Credit, whether in online platforms or in other platforms where the Client is authorized to use Salmon Credit as a payment option. The Client holds the Company free and harmless from any and all damages as a result of any unauthorized transactions in the Salmon Account and for claims and dispute that the Client may have against a partner-merchant.
Availment. 4.1 The debtor may request payment of the loan within the payment period, earliest 5 bank working days after fulfilment of all conditions under item 5. Fulfilment of the payment conditions has to be confirmed by the bank in written form to the debtor.
Availment. The Facility has been made available to the Borrower in a single term loan on the Original Closing Date (the “Loan”).
Availment. 2.2.1 The Facility will be available to the Borrower in up to four (4) Advances, consisting of the First Advance and the Subsequent Advances, following the satisfaction of the respective conditions precedent to the First Advance and the Subsequent Advances as set forth herein and provided that the Subsequent Advances will be available until December 31, 2026 (as may be extended in accordance with this Agreement, the “Final Availability Date”) and only one Advance per Fiscal Quarter shall be permitted.
2.2.2 The First Advance and each Subsequent Advance shall be $87,500,000.
2.2.3 Following confirmation from the Administrative Agent on behalf of the Lenders that the conditions to funding are satisfied, the Borrower shall provide an Advance Notice to the Administrative Agent at least 10 days’ (but not more than 20 days’) prior to the date of any requested Advance under the Facility (other than the First Advance), including the date of the requested Advance Date.
2.2.4 Each Advance shall be subject to an original issue discount in the amount of [REDACTED – Commercially Sensitive Information.], which shall be deducted from the Advance and retained by the Lenders.
Availment. 2.2.1 The Original Prepayment was made available to the Seller in a single payment on the Original Prepay First Amendment Date.
2.2.2 The 2023 Accordion Prepayment will be available to the Seller, upon its request, in a single payment on the 2023 Accordion Closing Date.
Availment. The Initial Loan will be made available to the Borrower in a single draw on the Closing Date, upon satisfaction of the conditions set out in Section 5.1, to be used solely in accordance with Section 2.4. Each Additional Advance permitted under this Agreement shall be made pursuant to an amendment hereto on the terms and conditions set out therein as agreed between the Borrower, the Agent and the Lenders making such Additional Advances. The Loan will be made in U.S. Dollars. Amounts repaid under the Loan may not be reborrowed.
