Budget Availability Sample Clauses

Budget Availability. The parties recognize that the District is a special taxing district which receives its funding through property tax receipts collected by Lincoln County. In the event the tax revenues are less or more than those in the budget adopted by the District for the applicable fiscal year, the allocations of funds to the City shall be proportionately reduced or increased by the same percentage as the reduced or increased level of tax revenues. For example, if the total annual revenues were reduced/increased by one (1%) percent, then the City’s total receipts from the District would be reduced/increased by one (1%) percent.
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Budget Availability. To meet its Decommissioning Obligations for the Idle Iron Blocks, the Debtor will use a portion of the funds provided in the 18-month budget (as amended from time to time, the “Budget”), attached as Exhibit B and incorporated into the final DIP financing and cash collateral order (Docket No. 440 in the Bankruptcy Case), as such order may be amended and revised from time to time, provided the amount budgeted for such work shall not be less the total assessed amount set forth on Exhibit A, less amounts expended from time to time in performing the Decommissioning Obligations for the Idle Iron Blocks and less amounts for any Idle Iron Blocks sold or otherwise transferred with Interior’s consent for which the acquiring entity assumes or otherwise agrees to accept liability for the corresponding Decommissioning Obligations. The funds to be used to complete the Decommissioning Obligations for the Idle Iron Blocks (the “Idle Iron Funds”) are included in the line item in the Budget designated for “Total Plugging & Abandonment,” along with funds intended for other purposes. ATP shall ensure that the Idle Iron Funds available for completing the Decommissioning Obligations pertaining to the Idle Iron Blocks will be not less than the total of assessed amounts shown on Exhibit A, less amounts expended from time to time in completing such Decommissioning Obligations and less amounts for any Idle Iron Blocks sold or otherwise transferred with Interior’s consent for which the acquiring entity assumes or otherwise agrees to accept liability for the corresponding Decommissioning Obligations. Prior to the completion in full of all of the Decommissioning Obligations pertaining to the Idle Iron Blocks, ATP agrees not to redirect the Idle Iron Funds as allocated in the Budget for a purpose other than completion of the Decommissioning Obligations or to amend the Budget with respect to “Total Plugging & Abandonment” funds to provide for amounts less than that set forth on Exhibit A (as may be reduced by funds expended pursuant to Exhibit A), without the express written approval of BOEM and BSEE.
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Budget Availability. Each determination for recruitment purposes and the amount to be paid must be made before the employee actually enters on duty in the position.
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Related to Budget Availability

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

  • 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.

  • Maximum Consolidated Capital Expenditures Holdings shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year, in an aggregate amount for Holdings and its Subsidiaries in excess of $125,000,000; provided, such amount for any Fiscal Year shall be increased by an amount equal to the excess, if any (but in no event more than $62,500,000), of such amount for the immediately preceding Fiscal Year (with the above scheduled amount for any Fiscal Year being used prior to any amount carried over from the preceding Fiscal Year) over the actual amount of Consolidated Capital Expenditures for such previous Fiscal Year; provided, further, so long as no Default shall have occurred and being continuing or would result therefrom, Holdings and its Subsidiaries may also make Consolidated Capital Expenditures in an amount not to exceed the Cumulative Growth Amount immediately prior to the making of such Consolidated Capital Expenditures (but the amount of Consolidated Capital Expenditures made from the Cumulative Growth Amount in any Fiscal Year shall not exceed 50% of the above scheduled amount of Consolidated Capital Expenditures that would have otherwise been permitted to made in such Fiscal Year pursuant to this Section 6.7(c)); and provided, further that for each Permitted Acquisition consummated in any Fiscal Year and, if consummated, the SDI Acquisition in the Fiscal Year ending December 31, 2011, the maximum amounts set forth above for such Fiscal Year and for every Fiscal Year thereafter shall be increased by an amount equal to 110% of the quotient obtained by dividing (A) the amount of Consolidated Capital Expenditures made by the acquired Person or business for the thirty-six month period immediately preceding the consummation of such Permitted Acquisition or SDI Acquisition as determined by the financial statements for such acquired Person or business by (B) three (3).

  • Closing Availability After giving effect to all Borrowings to be made on the Effective Date and the issuance of any Letters of Credit on the Effective Date and payment of all fees and expenses due hereunder, and with all of the Loan Parties’ Indebtedness, the Borrowers’ Availability shall not be less than $500,000.

  • Excess Availability Borrowers shall have Excess Availability at all times of at least (i) as of any date of determination during the period from June 24, 2016 through and including July 7, 2016, $10,000,000, (ii) as of any date of determination during the period from July 8, 2016 through and including September 29, 2016, $17,500,000, and (iii) as of any date of during the period from September 30, 2016 through and including December 31, 2016, $20,000,000.

  • Consolidated Capital Expenditures Company shall not, and shall not permit its Subsidiaries to, make or incur Consolidated Capital Expenditures, in any Fiscal Year indicated below, in an aggregate amount in excess of the corresponding amount (the “Maximum Consolidated Capital Expenditures Amount”) set forth below opposite such Fiscal Year; provided that the Maximum Consolidated Capital Expenditures Amount for any Fiscal Year shall be increased by (i) an aggregate amount equal to the Net Securities Proceeds received by Company in such Fiscal Year from the issuance of any Capital Stock of Company or any of its Subsidiaries, but solely to the extent such Net Securities Proceeds are not applied to increase the limit under subsection 7.3(vi), (ii) to the extent Company and its Subsidiaries have generated Consolidated Excess Cash Flow in any Fiscal Quarter of such Fiscal Year in excess of $12,500,000, an amount not to exceed 50% of such excess (or 100% of such excess to the extent the Consolidated Leverage Ratio is less than 2.00:1.00 at the end of the preceding Fiscal Year), but solely to the extent that such excess is not applied to increase the limit under subsection 7.5(v), and (iii) (x) if the actual amount of Consolidated Capital Expenditures made in any Fiscal Year is less than the Maximum Consolidated Capital Expenditures Amount for such Fiscal Year (before giving effect to any increase pursuant to clause (i), (ii) or (iii) of this proviso), then an amount of such shortfall may be added to the Maximum Consolidated Capital Expenditures Amount for the immediately succeeding (but not any other) Fiscal Year and (y) in determining whether any amount is available for carryover to the succeeding Fiscal Year pursuant to the preceding subclause (iii)(x), the amount expended in any Fiscal Year shall first be deemed to be from any amount carried over to such Fiscal Year from the immediately preceding Fiscal Year and any other increases pursuant to clauses (i) or (ii) of this proviso: Fiscal Year Maximum Consolidated Capital Expenditures 2009 $ 125,000,000 2010 $ 150,000,000 2011 and each Fiscal Year thereafter $ 175,000,000

  • 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).

  • Undrawn Availability After giving effect to the initial Advances hereunder, Borrowers shall have Undrawn Availability of at least $10,000,000;

  • Continued Availability and Cooperation (a) Following termination of the Executive’s employment, the Executive shall cooperate fully with the Company and with the Company’s counsel in connection with any present and future actual or threatened litigation, administrative proceeding or investigation involving the Company that relates to events, occurrences or conduct occurring (or claimed to have occurred) during the period of the Executive’s employment by the Company. Cooperation will include, but is not limited to:

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