Availability Period definition
Examples of Availability Period in a sentence
Subject to the terms and conditions set forth herein, the Borrower may request any Issuing Bank to issue Letters of Credit for its own account or, so long as the Borrower is a joint and several co-applicant with respect thereto, for the account of any of the Restricted Subsidiaries, in a form reasonably acceptable to the Administrative Agent and the applicable Issuing Bank, at any time and from time to time during the Availability Period.
The Borrower has requested that the Lender make available, during the Availability Period, Term Loan Credit Aggregate Commitments in an aggregate principal amount of $200,000,000, of which the Borrower intends to borrow $155,000,000 on the Effective Date.
As additional compensation for making available the Term Loan Credit Aggregate Commitments, the Borrower shall pay the Lender, in arrears, on the last day of each calendar quarter prior to the end of the Availability Period and on the last day of the Availability Period, a fee for the Borrower’s non-use of available funds in an amount equal to the Commitment Fee multiplied by the undrawn amount of Term Loan Credit Aggregate Commitments.
Subject to the terms and conditions set forth herein, each Lender severally agrees to make Loans to the Borrower from time to time during the Availability Period in an aggregate principal amount that will not result in (a) such Lender’s Credit Exposure exceeding such Lender’s Commitment, (b) the aggregate Credit Exposure of all of the Lenders exceeding the aggregate Commitments (c) a Borrowing Base Deficiency or (d) the Senior Debt Asset Coverage being less than 3.00:1.00.
The Commitment Fee shall accrue from and including the Closing Date to but excluding the last day of the Availability Period, including at any time during which one or more of the conditions in Article IV is not met, and shall be due and payable in arrears on each Payment Date in accordance with Section 2.13 and shall be calculated on the related Determination Date.