Reference Availability definition

Reference Availability means, for any Fiscal Quarter, the daily average Borrowing Availability during such Fiscal Quarter.
Reference Availability means, for any period, the lesser of (i) the daily average Borrowing Availability for the immediately preceding 90-day period and (ii) the daily average Borrowing Availability for the immediately preceding 30-day period.
Reference Availability means, on any day, an amount equal to the lesser of (a) Average Availability as of such date and (b) the end of day Availability on the immediately preceding Business Day (or, for the purposes of any determination made under the definition ofPermitted Acquisition” or Section 2.11(a), Section 6.04(m), Section 6.08(b)(vi) or Section 6.08(b)(ix), an amount equal to the lesser of (x) Average Availability and (y) Availability, in each case as determined on a pro forma basis immediately after giving effect to any Loans incurred in connection with the applicable prepayment, acquisition, investment or purchase, as the case may be).

Examples of Reference Availability in a sentence

  • The Restructuring (2014A) Notices are incorporated by reference in, and forms part of this Prospectus (see “Documents Incorporated by Reference: Availability of Information” below).

  • Unite will not tolerate any form of bullying and harassment at work.Unite’s bullying and harassment reporting systemUnite has issued an HD1 form on which it asks members to record details of bullying they experience at work.

  • It is recommended to keep the event short which only covers selected topics rather than having a collection.

  • The Financial Statements are incorporated by reference and form part of this Prospectus (see "Documents Incorporated by Reference; Availability of Information").

  • Evidence of Workers Compensation, Employer’s Liability and Automobile Liability insurance is not mandatory if Contractor will not be doing business on, or making visits or deliveries to, University’s property.


More Definitions of Reference Availability

Reference Availability on any day is an amount equal to the lesser of (i) Average Availability as determined on such day and (ii) end of day Facility Availability calculated for the last day of the then most recently ended fiscal quarter.
Reference Availability on any day is an amount equal to the lesser of (i) Average Availability as determined on such day and (ii) end of day Aggregate Facility Availability calculated for the last day of the then most recently ended fiscal quarter. Schedule 1.01(a) SUBSIDIARY GUARANTORS Subsidiary Guarantor Jurisdiction U. S. Steel Seamless Tubular Operations, LLC Texas U. S. Steel Oilwell Services, LLC Delaware U. S. Steel Tubular Products, Inc. Delaware United States Steel International, Inc. New Jersey Schedule 1.01(b) QUALIFIED PARENTS “[***]” Schedule 2.16 Existing Letters of Credit None. Schedule 5.01 Additional Monthly Financial Information January February March April May June July August September October November December YTD Shipments Avg Proceeds $/Ton Raw Steel Production Raw Steel % Capacity Schedule 6.01 Existing Liens Lease Agreement dated as of December 1, 1988 between Wachovia Bank, National Association, formerly known as First Union National Bank, as successor to Meridian Trust Company, Owner Trustee, as Lessor and United States Steel Corporation, the successor by merger to USX Corporation as Lessee (Fairfield Caster).
Reference Availability on any day is an amount equal to the lesser of (i) Average Availability as determined on such day and (ii) end of day Facility Availability calculated for the last day of the then most recently ended fiscal quarter. Schedule 1.01(a) SUBSIDIARY GUARANTORS Subsidiary Guarantor Jurisdiction U. S. Steel Seamless Tubular Operations, LLC Texas Schedule 1.01(b) QUALIFIED PARENTS “[***]” Schedule 2.16 Existing Letters of Credit None. Schedule 5.01 Additional Monthly Financial Information January February March April May June July August September October November December YTD Shipments Avg Proceeds $/Ton Raw Steel Production Raw Steel % Capacity Schedule 6.01 Existing Liens Lease Agreement dated as of December 1, 1988 between Wachovia Bank, National Association, formerly known as First Union National Bank, as successor to Meridian Trust Company, Owner Trustee, as Lessor and United States Steel Corporation, the successor by merger to USX Corporation as Lessee (Fairfield Caster). Collateral Agreement, dated as of May 10, 2016, by and among United States Steel Corporation, certain of its subsidiaries and U.S. Bank National Association, as collateral agent.
Reference Availability on any day is an amount equal to the lesser of (i) Average Availability as determined on such day and (ii) end of day Aggregate Facility Availability calculated for the last day of the then most recently ended fiscal quarter. Schedule 1.01(a) SUBSIDIARY GUARANTORS Subsidiary Guarantor Jurisdiction U. S. Steel Seamless Tubular Operations, LLC Texas U. S. Steel Oilwell Services, LLC Delaware USS-UPI, LLC Delaware United States Steel International, Inc. New Jersey Schedule 1.01(b) QUALIFIED PARENTS [***] Schedule 1.01(c) ESG KPI REQUIREMENTS Schedule 2.16 Existing Letters of Credit Letter of Credit No. Amount LC Issuing Bank 60000000 $ 900,000.00 Bank of America, N.A. 68173250 $ 532,455.00 Bank of America, N.A. 68173417 $ 2,425,000.00 Bank of America, N.A. 3027465 $ 400,000.00 Bank of America, N.A.

Related to Reference Availability

  • Average Availability means, at any Adjustment Date, the average daily Availability for the fiscal quarter immediately preceding such Adjustment Date.

  • Required Availability means Excess Availability and unrestricted cash and Cash Equivalents in an amount of not less than $5,000,000.

  • Borrowing Base Availability means, at the time of any determination, an amount equal to the lesser of the Borrowing Base at such time and the aggregate amount of the Commitments at such time.

  • Service Availability The total number of minutes in a calendar quarter that the Tyler Software is capable of receiving, processing, and responding to requests, excluding maintenance windows, Client Error Incidents and Force Majeure.

  • System Availability means, with respect to any particular calendar month, the ratio obtained by subtracting Unscheduled Downtime during such month from the Total Monthly Time, and thereafter dividing the difference so obtained by the Total Monthly Time. Represented algebraically, System Availability for any particular calendar month is determined as follows:

  • Borrowing Availability means as of any date of determination the Maximum Amount less the sum of (i) the Revolving Loan and Swing Line Loan then outstanding and (ii) the Reserves as then in effect.

  • Undrawn Availability at a particular date shall mean an amount equal to (a) the lesser of (i) the Formula Amount or (ii) the Maximum Revolving Advance Amount, minus (b) the sum of (i) the outstanding amount of Advances plus (ii) all amounts due and owing to Borrower's trade creditors which are outstanding beyond normal trade terms, plus (iii) fees and expenses for which Borrower is liable but which have not been paid or charged to Borrower's Account.

  • Excess Availability means, as of any date of determination, the amount equal to Availability minus the aggregate amount, if any, of all trade payables of Borrower and its Subsidiaries aged in excess of historical levels with respect thereto and all book overdrafts of Borrower and its Subsidiaries in excess of historical practices with respect thereto, in each case as determined by Agent in its Permitted Discretion.

  • Maximum Availability has the meaning set forth in Section 2.1.1.

  • Revolving Availability means, at the time of determination, (a) the sum of all Revolving Commitments at such time less (b) the sum of (i) the principal amount of Revolving Loans and Swing Loans made and outstanding at such time and (ii) the LC Outstandings at such time.

  • Non-Availability Charges has the meaning set forth in the CAISO Tariff.

  • Canadian Availability means, as of any date of determination, the amount (if any) by which (a) Canadian Available Credit, exceeds (b) the sum of the aggregate Dollar Equivalent of (i) Revolver Credit Advances made to the Canadian Borrowers plus (ii) the Canadian Borrowers’ Letter of Credit Obligations (other than the Canadian Borrowers’ Letter of Credit Obligations cash collateralized in accordance with the terms of the Loan Documents).

  • Availability Block means $15,000,000.

  • Availability Amount is (a) the lesser of (i) the Revolving Line or (ii) the amount available under the Borrowing Base minus (b) the outstanding principal balance of any Advances.

  • Swing Line Availability has the meaning ascribed to it in Section 1.1(c)(i).

  • Final Availability Date means the earlier of the Revolving Termination Date and one (1) Business Day prior to the date specified in clause (a) of the definition of Revolving Termination Date.

  • Average Daily Availability means the average daily Availability for the immediately preceding Fiscal Quarter.

  • Average Excess Availability means, with respect to any period, the sum of the aggregate amount of Excess Availability for each Business Day in such period (calculated as of the end of each respective Business Day) divided by the number of Business Days in such period.

  • Consolidated Cash Flow Available for Fixed Charges means, with respect to any Person for any period:

  • Revolving Loan Availability means, at any time, the Revolving Loan Limit minus the Revolving Loan Outstandings.

  • Availability Reserves means, without duplication of any other Reserves or items that are otherwise addressed or excluded through eligibility criteria, such reserves as the Agent from time to time determines in its discretion as being appropriate (a) to reflect the impediments to the Agent’s ability to realize upon the Collateral, (b) to reflect claims and liabilities that the Agent determines may need to be satisfied in connection with the realization upon the Collateral, (c) to reflect criteria, events, conditions, contingencies or risks which the Agent believes in good faith could adversely affect any component of the Borrowing Base, or the assets, business, financial performance or financial condition of any Loan Party, or (d) to reflect that a Default or an Event of Default then exists. Without limiting the generality of the foregoing, Availability Reserves may include, in the Agent’s discretion, (but are not limited to) reserves based on: (i) rent; (ii) customs duties, and other costs to release Inventory which is being imported into the United States; (iii) outstanding Taxes and other governmental charges, including, without limitation, ad valorem, real estate, personal property, sales, claims of the PBGC and other Taxes which may have priority over the interests of the Agent in the Collateral; (iv) salaries, wages and benefits due to employees of any Borrower, (v) Customer Credit Liabilities, (vi) customer deposits, (viii) reserves for reasonably anticipated changes in the Appraised Value of Eligible Inventory between appraisals, (viii) warehousemen’s or bailee’s charges and other Permitted Encumbrances which may have priority over the interests of the Agent in the Collateral, (ix) amounts due to vendors on account of consigned goods, (x) Cash Management Reserves, (xi) Bank Products Reserves and (xii) royalties payable in respect of licensed merchandise.

  • Borrowing Base Utilization Percentage means, as of any day, the fraction expressed as a percentage, the numerator of which is the sum of the Revolving Credit Exposures of the Lenders on such day, and the denominator of which is the Borrowing Base in effect on such day.

  • Anticipated State average revenue availability per student means the sum of all anticipated total county revenue availability divided by the average daily membership for the State.

  • Availability Reserve means without duplication, (a) the Rent and Charges Reserve; (b) the Hedge Product Reserve, (c) the Banking Services Reserve; provided that reserves of the type described in this clause (c) shall be instituted only after consultation with the Lead Borrower; (d) the Priority Payable Reserve; (e) the GST, HST Tax Reserve; (f) the Royalty Reserve; and (g) such additional reserves not otherwise addressed in clauses (a) through (f) above, in such amounts and with respect to such matters, as the Administrative Agent in its Permitted Discretion may elect to establish or modify from time to time. Notwithstanding anything to the contrary in this Agreement, (i) such Availability Reserves shall not be established or changed except upon not less than five (5) Business Days’ (or such shorter period as may be agreed by the Lead Borrower) prior written notice to the Lead Borrower, which notice shall include a reasonably detailed description of such applicable Availability Reserve being established (during which period (a) the Administrative Agent shall, if requested, discuss any such Availability Reserve or change with the Lead Borrower and (b) the Lead Borrower may take such action as may be required so that the event, condition or matter that is the basis for such Availability Reserve or change thereto no longer exists or exists in a manner that would result in the establishment of a lower Availability Reserve or result in a lesser change thereto, in a manner and to the extent reasonably satisfactory to the Administrative Agent), (ii) the amount of any Availability Reserve established by the Administrative Agent, and any change in the amount of any Availability Reserve, shall be limited to such Availability Reserve or changes as the Administrative Agent determines in its Permitted Discretion to be necessary (a) to reflect items that could reasonably be expected to adversely affect the value of the applicable Eligible Accounts or Eligible Inventory or (b) to reflect items that could reasonably be expected to adversely affect the enforceability or priority of the Administrative Agent’s Liens on the applicable Collateral, and (iii) the amount of any Availability Reserve established by the Administrative Agent, and any change in the amount of any Availability Reserve, shall have a reasonable relationship to the event, condition or other matter that is the basis for such Availability Reserve, criteria, rate or such change; provided that (x) no Availability Reserves may be established after the Closing Date based on circumstances, contingencies, events, conditions or matters known to the Administrative Agent as of the Closing Date for which no Availability Reserve was imposed on the Closing Date or criteria included in the definitions of Eligible Accounts or Eligible Inventory, in each case, as in effect on the Closing Date, unless such events, conditions or matters have changed in any material adverse respect since the Closing Date, (y) in no event shall any Availability Reserve with respect to any component of the Borrowing Base duplicate any Availability Reserve or adjustment already accounted for in determining eligibility criteria (including collection and/or advance rates) and (z) no Availability Reserve shall be imposed on the first 5% of dilution of Accounts and thereafter no dilution Availability Reserve shall exceed 1% for each incremental whole percentage in dilution over 5% (it being agreed that partial percentage point reserves are permitted (e.g., a reserve for 0.1 percentage points where dilution is 5.1%). Notwithstanding clause (i) of the preceding sentence, changes to the Availability Reserves solely for purposes of correcting mathematical or clerical errors (and such other changes as are otherwise agreed to by the Lead Borrower) shall only be subject to a notice period of one (1) Business Day, it being understood that no Default or Event of Default shall be deemed to result therefrom, if applicable, for a period of five (5) Business Days.

  • Adjusted Cash Flow for any fiscal year shall mean Consolidated Net Income of the Borrower for such fiscal year (after provision for taxes) plus the amount of all net non-cash charges (including, without limitation, depreciation, deferred tax expense, non-cash interest expense, amortization and other non-cash charges) that were deducted in arriving at such Consolidated Net Income for such fiscal year, minus the amount of all non-cash gains and gains from sales of assets (other than sales of inventory and equipment in the normal course of business) that were added in arriving at such Consolidated Net Income for such fiscal year.

  • Revolving Credit Availability means, at any particular time, the amount by which the Aggregate Revolving Loan Commitment at such time exceeds the Revolving Credit Obligations outstanding at such time.