Availability Percentage definition

Availability Percentage means (a) in respect of any Restricted Payment pursuant to Subsection 8.3(k), 12.5%; (b) in respect of (A) any investment or acquisition permitted pursuant to clause (u) of the definition of “Permitted Investments” or (B) clause (c)(i) of the definition of “Permitted Acquisitions,” 10.0%; (c) in respect of any payment, repurchase or redemption pursuant to Subsection 8.6(a), 12.5%; (d) in respect of any merger, consolidation, amalgamation or asset sale pursuant to Subsection 8.2(a) or 8.2(b), 10.0%; and (e) in respect of any Asset Sale that would otherwise have to comply with Subsection 8.5, 10.0%; and (ii) “Fixed Charge Condition” shall mean 30-Day Specified Excess Availability (divided by Availability as of such time of determination and expressed as a percentage) exceeds: (a) in respect of any Restricted Payment pursuant to Subsection 8.3(k), 17.5%; (b) in respect of any acquisition permitted pursuant to clause (c)(i) of the definition of “Permitted Acquisitions”, 15.0%; (c) in respect of any investment permitted pursuant to clause (u) of the definition of “Permitted Investments”, 15.0%; (d) in respect of any payment, repurchase or redemption pursuant to Subsection 8.6(a), 15.0%; and (e) in respect of (A) any merger, consolidation, amalgamation or asset sale pursuant to Subsection 8.2(a) or 8.2(b) or (B) any Asset Sale that would otherwise have to comply with Subsection 8.5, 15.0%.

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Availability Percentage means, with respect to each Borrower at any time, the percentage which such Borrower’s Sublimit bears to the aggregate amount of the Commitments, all determined as of such time.

Availability Percentage means, as of any date of determination, the percentage of (a) Hypothetical Availability for the immediately preceding calendar month to (b) Credit Facility Exposure for the immediately preceding calendar month.

Examples of Availability Percentage in a sentence

The monthly Availability Percentage equals the Scheduled Uptime per month less Unavailable Time per month divided by Scheduled Uptime per month multiplied by 100.
For each month the Mechanical Availability Percentage shall be calculated and rounded to the nearest full percentage.
Department shall not be entitled to any liquidated damages hereunder to the extent that Seller's failure to achieve a specific Mechanical Availability Percentage was caused by (i) Department or any of its agents, contractors, vendors or employees, (ii) an Uncontrollable Force, or (iii) a Delivery Event.
The provisions of this Section 4.01 shall be the exclusive remedies of Department for Seller's failure to meet a specific Mechanical Availability Percentage so long as such failure is not due to intentional conduct of Seller.
In the event the Facility has failed to meet a seventy percent (70%) Mechanical Availability Percentage, calculated on an annual average basis, in any two (2) out of three (3) years, Department shall have the right, within thirty (30) Days of such time, in its sole discretion, to terminate this Agreement without further obligation or liability to Seller.

More Definitions of Availability Percentage

Availability Percentage as defined in the definition of “Payment Condition” in this Subsection 1.1.

Availability Percentage means, for any fiscal quarter of Holdings, an amount (expressed as a percentage) equal to (a) average daily Availability during such fiscal quarter divided by (b) the average daily amount of the Aggregate Commitments during such fiscal quarter.

Availability Percentage means the numerical percentage equivalent of the fraction, the numerator of which is the Revolving Outstandings and the denominator of which is the Adjusted Borrowing Base based upon, and determined as of the date of, the most recent Borrowing Base Certificate furnished by the Company to the Administrative Agent from time to time and as of the date of any request by Company for a Revolving Loan. Bank of America – see the Preamble.

Availability Percentage means (a) in respect of any dividend payment pursuant to Subsection 8.3(i), 17.5%; (b) in respect of any investment or acquisition permitted pursuant to clause (u) of the definition of “Permitted Investments” or clause (c) of the definition of “Permitted Acquisition,”

Availability Percentage means that percentage of time, measured monthly, calculated in accordance with the formula set out above.

Availability Percentage means the proportion of the time, on a 24 hour per day and 7 day per week basis, excluding Scheduled Maintenance and Emergency Maintenance, that the applicable service is available in a particular calendar month (unless otherwise stated).

Availability Percentage with respect to the SAAS Service, means the amount of time measured in minutes that the SAAS Service could be available during Business Hours divided by the difference between such potential availability less the Downtime.