DEPOSIT AVAILABILITY Sample Clauses

DEPOSIT AVAILABILITY. When a deposit is made to your Account, the funds may not be available immediately. This Section IX (Deposit Availability) describes when funds will be made available to you.
Sample 1
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DEPOSIT AVAILABILITY. The Deposit is hereby agreed to stand as security for (i) the Staybridge Secured Obligations, (ii) the payment to IC Owner of all of the “Owner’s First Priority” as and when due under the IC Management Agreement determined without respect to Gross Revenue thereunder or Operating Profits thereunder, the timely performance of all of the covenants to be performed by IC Manager under the IC Management Agreement and the payment to PR Landlord of all of the “Minimum Rent” as and when due under the PR Lease and the timely performance of all of the covenants to be performed by the PR Tenant under the PR Lease (collectively, the “IC Secured Obligations”), and (iii) the payment to FC Owner of all of the “Owner’s First Priority” as and when due under the FC Management Agreement determined without respect to Gross Revenue thereunder or Operating Profits thereunder and the timely performance of all of the covenants to be performed by IHG Maryland under the FC Agreement (the “FC Secured Obligations”, and together with the Staybridge Secured Obligations and IC Secured Obligations, collectively, the “Secured Obligations”). Accordingly, the establishment and existence of the Deposit pursuant to the Staybridge Management Agreement notwithstanding, each of IC Owner, PR Landlord and FC Owner shall have the option to elect, in its sole discretion, whether and when to apply funds from the Deposit with respect to any of the IC Secured Obligations or FC Secured Obligations without regard to when and whether Staybridge Owner shall have made or shall be simultaneously electing whether and when to apply funds from the Deposit with respect to any of the Staybridge Secured Obligations; provided, however, none of Staybridge Owner, IC Owner, PR Landlord, FC Owner shall apply the Deposit to any of the Secured Obligations for which the Guarantor is responsible under the PLC Guaranty unless (a) the Guarantor shall have failed to pay any amount due under the Guaranty for a period of five (5) days after notice, or (b) an event described in Sections 17.1(a), 17.1(b) or 17.1(c) of the Staybridge Management Agreement shall have occurred with respect to the Guarantor.
Sample 1
DEPOSIT AVAILABILITY. Deposits made at an ATM machine are not immediately available. Cash deposits will be available for withdrawal on the following business day. Check deposits will be available based on current check hold policies, but no more than 3 business days unless you are notified by the credit union. Deposits made after 2:00 PM are to be considered the next business day.
Sample 1

Related to DEPOSIT AVAILABILITY

  • 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.

  • 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.

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

  • Availability Reserves All Revolving Loans otherwise available to Borrower pursuant to the lending formulas and subject to the Maximum Credit and other applicable limits hereunder shall be subject to Lender's continuing right to establish and revise Availability Reserves.

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

  • 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.

  • Maximum Letter of Credit Outstandings; Final Maturities (a) Notwithstanding anything to the contrary contained in this Agreement, (i) no Letter of Credit shall be issued the Stated Amount of which, when added to the Letter of Credit Outstandings (exclusive of Unpaid Drawings which are repaid on the date of, and prior to the issuance of, the respective Letter of Credit) at such time would exceed either (x) $100,000,000, (y) when added to the sum of (I) the aggregate principal amount of all Revolving Loans then outstanding and (II) the aggregate principal amount of all Swingline Loans then outstanding, an amount equal to the Total Commitment at such time or (z) cause the Aggregate Exposure to exceed the Borrowing Base at such time (based on the Borrowing Base Certificate last delivered), and (ii) each Letter of Credit shall by its terms terminate (x) in the case of standby Letters of Credit, on or before the earlier of (A) the date which occurs 12 months after the date of the issuance thereof (although any such standby Letter of Credit may be extendible for successive periods of up to 12 months, but, in each case, not beyond the fifth Business Day prior to the Revolving Loan Maturity Date, on terms acceptable to the Issuing Lender) and (B) five Business Days prior to the Revolving Loan Maturity Date; provided that a standby Letter of Credit issued to support obligations under any Specified Existing Ship Lease may terminate by its terms on or prior to the earlier to occur of (1) the date which occurs 24 months after the date of the issuance thereof and (2) the fifth Business Day preceding the Revolving Loan Maturity Date, and (y) in the case of trade Letters of Credit, on or before the earlier of (A) the date which occurs 180 days after the date of issuance thereof and (B) 30 days prior to the Revolving Loan Maturity Date.

  • Laws Affecting LIBOR Rate Availability If, after the date hereof, the introduction of, or any change in, any Applicable Law or any change in the interpretation or administration thereof by any Governmental Authority, central bank or comparable agency charged with the interpretation or administration thereof, or compliance by any of the Lenders (or any of their respective Lending Offices) with any request or directive (whether or not having the force of law) of any such Governmental Authority, central bank or comparable agency, shall make it unlawful or impossible for any of the Lenders (or any of their respective Lending Offices) to honor its obligations hereunder to make or maintain any LIBOR Rate Loan, such Lender shall promptly give notice thereof to the Administrative Agent and the Administrative Agent shall promptly give notice to the Borrower and the other Lenders. Thereafter, until the Administrative Agent notifies the Borrower that such circumstances no longer exist, (i) the obligations of the Lenders to make LIBOR Rate Loans and the right of the Borrower to convert any Loan or continue any Loan as a LIBOR Rate Loan shall be suspended and thereafter the Borrower may select only Base Rate Loans hereunder, and (ii) if any of the Lenders may not lawfully continue to maintain a LIBOR Rate Loan to the end of the then current Interest Period applicable thereto as a LIBOR Rate Loan, the applicable LIBOR Rate Loan shall immediately be converted to a Base Rate Loan for the remainder of such Interest Period.

  • Maximum Credit Patheon's liability for Active Materials calculated in accordance with this Section 2.2 for any Product in a Year will not exceed, in the aggregate, the Maximum Credit Value set forth in Schedule D to a Product Agreement.

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