Maximum Availability Clause Samples

Maximum Availability. The Revolving Credit Exposure shall not at any time exceed the Maximum Availability. If at any time the Revolving Credit Exposure exceeds the Maximum Availability, the Borrower shall immediately prepay a portion of the Loan in an amount equal to such excess as provided for in Section 2.09(d).

Maximum Availability. After giving effect to any Loan (or the incurrence of any Letter of Credit Obligations), the Aggregate Revolving Exposure would exceed the Maximum Availability (except as provided in Section 1.02(b)). The request by Borrower Representative and acceptance by Borrowers of the proceeds of any Loan or the incurrence of any Letter of Credit Obligations shall be deemed to constitute, as of the date thereof, (i) a representation and warranty by Borrowers that the conditions in this Section have been satisfied and (ii) a reaffirmation by each Credit Party of the granting and continuance of Agent’s Liens, on behalf of itself and Secured Parties, pursuant to the Collateral Documents.

Maximum Availability. The maximum principal amount of a hypothetical loan which would be fully repaid assuming (A) annual payments equal in the aggregate to Tranche B Available Earnings divided by 5, (B) a 25 year amortization schedule and (C) an annual interest rate equal to the greater of (i) seven and three quarters percent (7.75%) or (ii) two and one quarter percent (2.25) in excess of the then-current annual yield on ten-year U.S. Treasury obligations issued most recently prior to such date.

Maximum Availability. Maximum Availability" is the maximum amount of time each month during which the system shall be operable. Maximum Availability is computed by multiplying the number of days in a given month by the number of minutes in each such day (1440), and subtracting from that the total minutes of the Scheduled Outages.

Maximum Availability. Borrower shall not permit the sum of (i) the Total Outstandings plus (ii) the “Total Outstandings” under, and as defined in, the Existing Facility to exceed forty percent (40%) of the Unencumbered Asset Value as of any date.

Maximum Availability. CIM Urban REIT and Borrower shall not permit the sum of (i) the Total Outstandings plus (ii) the “Total Outstandings” under, and as defined in, the Existing Facility to exceed forty percent (40%) of the Unencumbered Asset Value as of any date.

Maximum Availability. Notwithstanding anything in this Agreement to the contrary, in no event shall the Outstanding Amount exceed the Maximum Availability.

Maximum Availability. After the making of the Loans on any Funding Date, the aggregate Total Unsecured Debt shall not exceed the Maximum Availability.

Maximum Availability. After the making of the Loans on any Funding Date, the aggregate Outstanding Amount shall not exceed the Maximum Availability. Each submission of a Notice of Borrowing or a Notice of Conversion/Continuation with respect to any Loan, each acceptance by a Borrower of the proceeds of each Loan made, converted or continued hereunder, shall constitute a representation and warranty by each Borrower as of the date of funding in respect of such Loan, the date of conversion or continuation, that all the conditions contained in this Section 5.2 have been satisfied or waived in accordance with Section 10.2 and that no MAC has occurred and is continuing as of the relevant date in respect of the facts, circumstances or laws relevant to the conditions precedent set forth in paragraphs (d), (e), (f), (g)-(m), (o), (s), and (u) of Section 5.1.