Insufficient Availability Sample Clauses

Insufficient Availability. Where the Employer requires a casual employee to work a minimum of two hundred and twenty five (225) hours in a twelve (12) month period, the following shall apply:
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Insufficient Availability. No Subsequent Revolving Advance shall be made if Agent shall have determined that the Subsequent Revolving Advance would be in violation of the Borrowing Base or other amounts and limitations set forth in Section 2.1 hereof.
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Insufficient Availability. If on the date of and after giving effect to each Permitted Payment, (a) Borrower's Excess Availability (as defined in the Senior Loan Agreement) shall not be greater than or equal to $500,000; or (b) a default or event of default under any of the Senior Loan Documents would occur or exist as a result of such Permitted Payment, no payment other than interest (including additional interest) shall be made by the Borrower or received by Subordinate Lender on account of the Subordinate Obligations or on account of the purchase or other acquisition of the Subordinate Obligations by the Borrower or any subsidiary of Borrower; provided, Borrower may make a payment of any portion of a Permitted Payment as would not cause Excess Availability to be less than $500,000 or would not otherwise cause the occurrence of a default or Event of Default under any of the Senior Loan Documents. Borrower may make payments of interest (including additional interest) to Subordinate Lender so long as no Senior Payment Default has occurred and is continuing. Anything contained herein or in the Senior Loan Documents to the contrary notwithstanding, if Borrower is unable to pay to Subordinate Lender when due any Subordinate Obligations solely as a result of the limitation set forth in subsection (a) above of this Section 2, such failure to make such payment and any default or event of default under the Subordinate Loan Documents arising therefrom shall not be deemed an Event of Default under the Senior Loan Agreement including, without limitation, Section 10.1(i) of the Senior Loan Agreement.
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Insufficient Availability. No such Subsequent Project Advance shall be made if the Administrative Agent shall have determined that the remaining availability under this Agreement (including any Project Advances then outstanding and anticipated to be repaid and then reborrowed) and any additional Equity Moneys contributed to the Borrower (in addition to the Closing Date Equity Contributions) are insufficient to cover the remaining costs to complete the construction, furnishing and marketing of either (i) such Under-Construction Project, as contemplated in the Plans for such Under-Construction Project and the Budget for such Under-Construction Project, or (ii) all of the other Under-Construction Projects, as contemplated in the Plans for all such other Under-Construction Projects and the Budgets for all such other Under-Construction Projects.
Sample 1
Insufficient Availability. No such Construction Project Advance shall be made if the Administrative Agent shall have determined that the remaining availability under this Agreement for Construction Project Advances in respect of such Construction Project (including any such Construction Project Advances then outstanding and anticipated to be repaid and then reborrowed) and any additional Equity Moneys contributed to GSRP (in addition to the Closing Date Equity Contributions) are insufficient to cover the remaining costs to complete the construction, furnishing and marketing of such Construction Project, as contemplated in the Plans for such Construction Project and the Budget for such Construction Project.
Sample 1
Insufficient Availability. The Statement of Intent shall include procedures to allocate between competing applications for a specific Tier 2 Cost Pool if requests exceed amounts available.
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Related to Insufficient Availability

  • Closing Availability After giving effect to all Borrowings to be made on the Effective Date and the issuance of any Letters of Credit on the Effective Date and payment of all fees and expenses due hereunder, and with all of the Loan Parties’ Indebtedness, the Borrowers’ Availability shall not be less than $500,000.

  • Excess Availability Borrowers shall have Excess Availability at all times of at least (i) as of any date of determination during the period from June 24, 2016 through and including July 7, 2016, $10,000,000, (ii) as of any date of determination during the period from July 8, 2016 through and including September 29, 2016, $17,500,000, and (iii) as of any date of during the period from September 30, 2016 through and including December 31, 2016, $20,000,000.

  • Product Availability Under no circumstances shall Company be responsible to Representative or anyone else for its failure to fill accepted orders, or for its delay in filling accepted orders, when such failure or delay is due to strike, accident, labor trouble, acts of nature, freight embargo, war, civil disturbance, vendor problems or any cause beyond Company's reasonable control.

  • Undrawn Availability After giving effect to the initial Advances hereunder, Borrowers shall have Undrawn Availability of at least $10,000,000;

  • Minimum Availability Borrower shall have minimum availability immediately following the initial funding in the amount set forth on the Schedule.

  • Insufficient Funds If at any time insufficient funds are received by and available to the Administrative Agent to pay fully all amounts of principal, L/C Borrowings, interest and fees then due hereunder, such funds shall be applied (i) first, toward payment of interest and fees then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of interest and fees then due to such parties, and (ii) second, toward payment of principal and L/C Borrowings then due hereunder, ratably among the parties entitled thereto in accordance with the amounts of principal and L/C Borrowings then due to such parties.

  • Insufficient Insurance Proceeds If the cost of the repair or restoration of the applicable Facility exceeds the amount of insurance proceeds received by Landlord and Tenant pursuant to Section 9.1, Tenant shall give Landlord Notice thereof which notice shall set forth in reasonable detail the nature of such deficiency and whether Tenant shall pay and assume the amount of such deficiency (Tenant having no obligation to do so, except that, if Tenant shall elect to make such funds available, the same shall become an irrevocable obligation of Tenant pursuant to this Agreement). In the event Tenant shall elect not to pay and assume the amount of such deficiency, Landlord shall have the right (but not the obligation), exercisable at Landlord’s sole election by Notice to Tenant, given within sixty (60) days after Tenant’s notice of the deficiency, to elect to make available for application to the cost of repair or restoration the amount of such deficiency; provided, however, in such event, upon any disbursement by Landlord thereof, the Minimum Rent shall be adjusted as provided in Section 3.1.1(c). In the event that neither Landlord nor Tenant shall elect to make such deficiency available for restoration, either Landlord or Tenant may terminate this Agreement with respect to the affected Property by Notice to the other, whereupon, this Agreement shall so terminate and insurance proceeds shall be distributed as provided in Section 10.2.1. It is expressly understood and agreed, however, that, notwithstanding anything in this Agreement to the contrary, Tenant shall be strictly liable and solely responsible for the amount of any deductible and shall, upon any insurable loss, pay over the amount of such deductible to Landlord at the time and in the manner herein provided for payment of the applicable proceeds to Landlord.

  • Minimum Excess Availability Borrower shall have Excess Availability under the Revolving Credit Loans facility of not less than the amount specified in the Schedule, after giving effect to the initial advance hereunder and after giving effect to any applicable Loan Reserves against borrowing availability under the Revolving Credit Loans.

  • Funds Available Unless the Administrative Agent shall have received notice from a Lender prior to 1:00 P.M. (New York City time) on the date of any Borrowing that such Lender will not make available to the Administrative Agent such Lender’s ratable portion of such Borrowing, the Administrative Agent may assume that such Lender has made such portion available to the Administrative Agent on the date of such Borrowing in accordance with subsection (a) of this Section 2.02 and the Administrative Agent may, in reliance upon such assumption, make available to the relevant Borrower on such date a corresponding amount. If and to the extent that such Lender shall not have so made such ratable portion available to the Administrative Agent, such Lender and the relevant Borrower severally agree to repay to the Administrative Agent forthwith on demand such corresponding amount together with interest thereon, for each day from the date such amount is made available to the relevant Borrower until the date such amount is repaid to the Administrative Agent, at (i) in the case of the relevant Borrower, the interest rate applicable at the time to Advances comprising such Borrowing and (ii) in the case of such Lender, the Federal Funds Rate. If such Lender shall repay to the Administrative Agent such corresponding amount, such amount so repaid shall constitute such Lender’s Advance as part of such Borrowing for purposes of this Agreement.

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