Availability definition
Examples of Availability in a sentence
Subject to the terms and conditions set forth herein, the Borrower may request the issuance of (and, subject to the penultimate sentence of clause (b) below, the applicable Issuing Lender shall issue) Letters of Credit in Dollars, at any time and from time to time during the Revolving Availability Period, in each case, for the Borrower’s own account or the account of any other Subsidiary of the Borrower, in a form reasonably acceptable to the Administrative Agent, such Issuing Lender and the Borrower.
In the event that at any time Availability is less than zero, the Borrowers shall immediately (and in any event within one (1) Business Day) prepay the outstanding balance of the Revolving Loans to cause Availability to equal at least zero.
In the event the aggregate outstanding principal balance of all Revolving Loans and Letter of Credit Obligations hereunder exceeds the Revolving Loan Availability, the Borrower shall, without notice or demand of any kind, immediately make such repayments of the Revolving Loans or take such other actions as are satisfactory to the Lender as shall be necessary to eliminate such excess, all without further demand, presentment, protest or notice of any kind, all of which are hereby waived by the Borrower.
Such fee shall accrue at all times during the Availability Period, including at any time during which one or more of the conditions in Section 6.02 is not met, and shall be due and payable quarterly in arrears on the third Business Day of each calendar quarter for the preceding calendar quarter, commencing with the first such date to occur after the Closing Date, and on the Maturity Date for the period from the end of the preceding calendar quarter until the Maturity Date.
Swingline Lender shall not make any Swingline Loan if the requested Swingline Loan exceeds Excess Availability (before giving effect to such Swingline Loan).