Non-Available definition
Examples of Non-Available in a sentence
There are hereby created by the Issuer and ordered established with the Trustee within the Bond Fund three separate and segregated trust accounts to be designated, respectively, (a) the "Available Moneys Account," (b) the "Non-Available Moneys Account," and (c) the "Letter of Credit Account".
Accordingly, the Contractor shall not incur any Service Points for failure to meet System Response Times in circumstances where such failure is a result of, and the Contractor has already incurred Service Points for, the Service being Non-Available.
For the avoidance of doubt and by way of illustration, Available Hours of a Train accepted on 15.05.2024 (as per Clause 14.6) shall be: (i) sum of hours minus the Non-Available Hours from 15.05.2024 to 31.03.2025 during Accounting Year 2024-25; and (ii) sum of hours minus the Non-Available Hours from 01.04.2025 to 31.03.2026 during Accounting Year 2025- 26.
Any amounts paid to the Trustee which do not constitute Available Moneys shall be held in the Non-Available Moneys Account and shall not be commingled with any other moneys held by the Trustee.
Subject to the restrictions hereinafter set forth in this Section 5.05 and in the Tax Agreement, any moneys held in the Non-Available Moneys Account of the Bond Fund and the Construction Fund shall be invested and reinvested by the Trustee upon the written instructions of the Company in Qualified Investments, maturing no later than the date on which it is estimated that such moneys will be required to be paid out hereunder.
The calculation in Section 6(a)(ii) above shall be subject to any audit adjustments and any limitations on the utilization of the Non-Available FMC Carryforward Items imposed by law (including, without limitation, any such limitation imposed or which would have been imposed as a result of the Deconsolidation Event).
For the avoidance of doubt, the Parties agree that the Damages specified in this Clause 17.11.1 shall not be due and payable for and in respect of any day that includes a Non-Available Hour.
The calculation in Section 6(a)(ii) above shall be subject to any audit adjustments and any limitations on the utilization of the Non-Available XO Carryforward Items imposed by law (including, without limitation, any such limitation imposed or which would have been imposed as a result of the Deconsolidation Event).
For the avoidance of doubt, the Parties agree that the Damages specified in this Clause17.5.1 shall not be due and payable for and in respect of any day that includes a Non-Available Hour.
The calculation in Section 6(a)(ii) above shall be subject to any audit adjustments and any limitations on the utilization of the Non-Available XO Carryforward Items imposed by law (including, without limitation, any such limitation imposed or which would have been imposed as a result of the Restructuring or the Deconsolidation Event).