Pool Availability Sample Clauses

Pool Availability. (a) At all times prior to the Release of Security Date, the Pool Availability shall be the amount which is the lowest of (i) the maximum principal amount of Loans and Letter of Credit Liabilities that would not exceed fifty-five percent (55.0%) of the Pool Value, and (ii) the maximum principal amount of Loans and Letter of Credit Liabilities that would not cause the Implied Debt Service Coverage Ratio to be less than 1.45 to 1.00; and
Sample 1Sample 2See All (4)
AutoNDA by SimpleDocs
Pool Availability. The Borrower shall not permit at any time the outstanding principal balance of the Loans and the Letter of Credit Liabilities to be greater than the Pool Availability; provided, however, that upon a violation of this §9.1 by Borrower, no Event of Default shall exist hereunder in the event Borrower cures such Default within fifteen (15) calendar days of the occurrence of such event.
Sample 1Sample 2
Pool Availability. The Borrower shall not at any time permit Consolidated Total Unsecured Indebtedness (including the sum of the Outstanding Loans and all Outstanding Letter of Credit Liabilities) to be greater than the Pool Availability.
Sample 1Sample 2
Pool Availability. The Pool Availability shall be the amount which is the lowest of (a) the maximum principal amount of Loans and Letter of Credit Liabilities, which when added to all Consolidated Total Unsecured Debt other than the Loans and Letter of Credit Liabilities, would not cause the Consolidated Total Unsecured Debt to be greater than fifty-five percent (55.0%) of the Pool Value, and (b) the maximum principal amount of Loans and Letter of Credit Liabilities, which when added to all Consolidated Total Unsecured Debt other than the Loans and Letter of Credit Liabilities, would not cause the Implied Debt Service Coverage Ratio to be less than 1.50 to 1.00. Pool Certificate. See §7.4(c) Pool Property or Pool Properties. At the time of determination, the Eligible Real Estate owned or leased pursuant to a Ground Lease approved by the Agent, by a Subsidiary Guarantor and which satisfies the provisions of this Agreement to be included in the calculation of Pool Availability and has been included in the calculation of Pool Availability.
Sample 1Sample 2
Pool Availability. The swimming pool is available for use by guests on site only and not their visitors. We reserve the right to cancel guest access to the pool if guests do not adhere to the Swimming Pool Rules.
Sample 1
Pool Availability. 3. At any time prior to the occurrence of the Release of Security Date, the Borrower shall not permit at any time the outstanding principal balance of the Loans and the Letter of Credit Liabilities to be greater than the Pool Availability; provided, however, that upon a violation of this §9.1 by Borrower, no Event of Default shall exist hereunder in the event Borrower cures such Default within fifteen (15) calendar days of the occurrence of such event.
Sample 1
Pool Availability. The Pool Availability shall be the amount which is the lowest of (a) the maximum principal amount of Loans, which when added to all Consolidated Total Unsecured Debt other than the Loans, would not cause the Consolidated Total Unsecured Debt to be greater than fifty-five percent (55.0%) of the Pool Value, and (b) the maximum principal amount of Loans, which when added to all Consolidated Total Unsecured Debt other than the Loans, would not cause the Implied Debt Service Coverage Ratio to be less than 1.50 to 1.00. Pool Certificate. See §7.4(c) Pool Property or Pool Properties. At the time of determination, the Eligible Real Estate owned or leased pursuant to a Ground Lease approved by the Agent, by a Subsidiary Guarantor and which satisfies the provisions of this Agreement to be included in the calculation of Pool Availability and has been included in the calculation of Pool Availability.
Sample 1
AutoNDA by SimpleDocs
Pool Availability. The French authorities have the right by law to empty swimming pools of water in the event of a forest fire in the vicinity of the property. The Company cannot accept responsibility for loss of use in the event of this occurrence. Nor can the Company accept responsibility if, due to drought conditions, the pool is unable to be topped up and therefore rendered unusable or for loss of use caused by damage, unpredictable changes or mechanical breakdown. All damages caused by any member of the party or their visitors will be charged to and payable by the hirer.
Sample 1

Related to Pool Availability

  • Funding Availability This Contract is at all times subject to state appropriations. The Department makes no express or implied representation or guarantee of continued or future funding under this Contract. The Department has, as of the date of the execution of this Contract, obtained all requisite approvals and authority to enter into and perform its obligations under this Contract, including, without limitation, the obligation to make the initial payment or payments required to be made under this Contract on the date or dates upon which such initial payment or payments may otherwise be disbursed during the current contract period, (i.e., Sept ember 1, 2015, through August 31, 2017). The Grantee acknowledges the Department’s authority to make such payments is contingent upon the Texas Legislature's appropriation to the Department of sufficient funds and the availability of funds to the Department for such purpose. If the State of Texas or the federal government terminates its appropriation through the Department or fails to pay the full amount of the allocation for the operation of any grant or reimbursement program hereunder , or the funds are otherwise unavailable, the Department may immediately and without penalty reduce payments or terminate this Contract, in whole or in part. Upon termination of the Contract or reduction of payments, the Grantee shall return to the Department any unexpended funds already disbursed to the Grantee. Neither the Department nor the State of Texas shall incur liability for damages or any loss that may be caused or associated with such termination or reduction of payments. The Department shall not be required to give prior notice for termination or reduction of payments.

  • High Availability Registry Operator will conduct its operations using network and geographically diverse, redundant servers (including network-­‐level redundancy, end-­‐node level redundancy and the implementation of a load balancing scheme where applicable) to ensure continued operation in the case of technical failure (widespread or local), or an extraordinary occurrence or circumstance beyond the control of the Registry Operator. Registry Operator’s emergency operations department shall be available at all times to respond to extraordinary occurrences.

  • RDDS availability Refers to the ability of all the RDDS services for the TLD, to respond to queries from an Internet user with appropriate data from the relevant Registry System. If 51% or more of the RDDS testing probes see any of the RDDS services as unavailable during a given time, the RDDS will be considered unavailable.

  • System Availability System Availability percentage is calculated as follows:  Total MinutesintheMonth −Downtime   System Availability%age =  Total MinutesintheMonth *100    System Availability SLA (“SLA”) 99.5% System Availability percentage during each Month for productive versions Credit 2% of Monthly Subscription Fees for each 1% below SLA, not to exceed 100% of Monthly Subscription Fees Excluded Downtime Total Minutes in the Month attributable to: (i) a Scheduled Downtime for which a Regular Maintenance Window is described in Section 4 below, or (ii) any other Scheduled Downtime according to Section 4 for which the customer has been notified at least five (5) business days prior to such Scheduled Downtime or (iii) unavailability caused by factors outside of SAP’s reasonable control, such as unpredictable and unforeseeable events that could not have been avoided even if reasonable care had been exercised. Scheduled Downtime Scheduled Downtime for the applicable Cloud Services to which customer has subscribed is set forth in Section 4 below entitled “Maintenance Windows for Cloud Services”.

  • Funds Availability For determining the availability of your deposits, every day is a business day except Saturdays, Sundays, federal holidays and legal banking holidays in the State of Utah.

  • 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 July 25, 2016 through and including August 29, 2016, $10,000,000, (ii) as of any date of determination during the period from August 30, 2016 through and including September 6, 2016, $13,000,000, (ii) as of any date of determination during the period from September 7, 2016 through and including October 2, 2016, $17,500,000, and (iii) as of any date of determination during the period from October 3, 2016 through and including December 31, 2016, $20,000,000.

  • General Availability The commitment to availability specified in the letter of appointment shall be subject to mutually acceptable revision. Such revision will occur once per year, or, if mutually agreed between the Employer and the employee, on a more frequent basis. The Employer will issue a revised letter of appointment to reflect approved changes to employee’s general availability.

  • 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;

Time is Money Join Law Insider Premium to draft better contracts faster.