Maximum Facility Availability at any date, an amount equal to the lesser of (a) the Total Revolving Credit Commitments on such date and (b) the Borrowing Base on such date.
Maximum Facility Availability means an amount equal to the lesser of (x) the aggregate amount of the Lenders’ Commitments on such date and (y) the Aggregate Borrowing Base on such date.
Maximum Facility Availability means, at any date, an amount equal to the lesser of (i) the aggregate amount of the Commitments on such date and (ii) the Borrowing Base on such date. Millennium Holdings Group shall have the meaning specified in Article 7. Moodys shall mean Moodys Investors Service, Inc., and its successors. Multiemployer Plan means any employee benefit plan of the type described in Section 4001(a)(3) of ERISA, to which any Loan Party, any Subsidiary or any ERISA Affiliate makes or is obligated to make contributions, during the preceding five plan years, has made or been obligated to make contributions or otherwise could reasonably be expected to incur liability. Net Proceeds means with respect to any Disposition or Casualty Event 100% of the cash proceeds actually received by any Restricted Party from any such Disposition or Casualty Event (including any cash payments received by way of deferred payment of principal pursuant to a note or installment receivable or purchase price adjustment receivable or otherwise and including casualty insurance settlements and condemnation awards in respect of any Collateral or any equipment, fixed assets or real property (including any improvements thereof) to replace or repair such equipment, fixed assets or real property, but only as and when received, and excluding any liabilities assumed by the transferee and deemed to be cash for purposes of Section 7.05(j)(ii)), in each case net of
Examples of Maximum Facility Availability in a sentence
Other applicable standards and codes of practice reinforce and extend this limitation.
The old mill buildings and associated structures have been adapted to modern uses.
More Definitions of Maximum Facility Availability
Maximum Facility Availability means, at any date, an amount equal to the lesser of (i) the aggregate amount of the Lenders' Commitments on such date and (ii) the Borrowing Base on such date.
Maximum Facility Availability means: (a) at any time on or after the Phase I Effective Date but prior to the Phase II Effective Date, the least of (i) the Working Capital Commitments at such time, (ii) the Borrowing Base at such time and (iii) the sum of $13,000,000 in aggregate principal amount of Loans and $6,218,997.62 in Letter of Credit Liabilities, and (b) at any time on or after the Phase II Effective Date, the amount by which the lesser of the Working Capital Commitments and Borrowing Base at such time exceeds $5,000,000.
Maximum Facility Availability at any date, an amount equal to the lesser of (a) the Total Revolving Credit Commitments on such date and (b)(i) the Borrowing Base on such date, minus (ii) the Term Loan Amount on such date. “Modification Period”: the period beginning on the First Amendment Effective Date and ending on the Modification Period Termination Date. “Modification Period Termination Date”: the date that is the earlier of (i) December 31, 2021 and (ii) the Optional Modification Period Termination Date. “Money Laundering Control Act”: the Money Laundering Control Act of 1986, as amended from time to time. “Moody’s”: Xxxxx’x Investors Service, Inc. and its successors. “Mortgage Financing”: Indebtedness of the type permitted by Section 7.2(h).
Maximum Facility Availability or “Total Asset Value,” (and, with respect to each such definition, the related defined terms used therein, solely to the extent such related defined terms are used in the calculation of the Borrowing Base) or (y) the definitions of “Debt Service Coverage Amount” (and the related defined terms used therein), “Net Operating Income” (and the related defined terms used therein) or any other defined terms (and the related defined terms used therein) used in the financial covenants set forth in Section 7.1, or (z) Section 2.10, 5.3 or 5.4, in each case, without the consent of the Supermajority Lenders.; or (i) amend, modify or waive any provision affecting the rights or duties of the L/C Administrator under this Agreement or any Issuer Document relating to any Letter of Credit issued or to be issued by it, without the consent of the L/C Administrator. Any such waiver and any such amendment, supplement or modification shall apply equally to each of the Lenders and shall be binding upon the Loan Parties, the Lenders, the Agents and all future holders of the Loans. In the case of any waiver, the Loan Parties, the Lenders and the Agents shall be restored to their former position and rights hereunder and under the other Loan Documents, and any Default or Event of Default waived shall be deemed to be cured and not continuing; but no such waiver shall extend to any subsequent or other Default or Event of Default, or impair any right consequent thereon. Any such waiver, amendment, supplement or modification shall be effected by a written instrument signed by the parties required to sign pursuant to the foregoing provisions of this Section; provided, that, delivery of an executed
Maximum Facility Availability means (a) at any time prior to the receipt by the Administrative Agent of a certified copy of the Final Order, $15,000,000 and (b) thereafter, the aggregate Commitments of all Lender Parties at such time (which in any event shall not exceed $35,000,000 and may be reduced from time to time, including pursuant to Section 2.05(b)); provided that, at any time prior to the later to occur of (i) the Administrative Agent's receipt of a subscription agreement or other evidence of commitments (in a form acceptable to the Administrative Agent in its sole discretion) from investors to purchase not less than $75 million in senior unsecured convertible notes on the effective date of a plan of reorganization acceptable to such note purchasers and the Administrative Agent and (ii) NTELOS Telephone Inc. and Roanoke & Botetourt Telephone Co. becoming Subsidiary Guarantors pursuant to Section 8.05 hereof as duly authorized by the State Corporation Commission of the Commonwealth of Virginia, the Maximum Facility Availability will be the lesser of (x) the amount determined in accordance with clauses (a) and (b) and (y) $10,000,000.
Maximum Facility Availability or “Total Asset Value,” (and, with respect to each such definition, the related defined terms used therein, solely to the extent such related defined terms are used in the calculation of the Borrowing Base) or (y) the definitions of “Debt Service Coverage Amount” (and the related defined terms used therein), “Net Operating Income” (and the related defined terms used therein) or any other defined terms (and the related defined terms used therein) used in the financial covenants set forth in Section 7.1, or (z) Section 2.10, 5.3 or 5.4, in each case, without the consent of the Supermajority Lenders. Any such waiver and any such amendment, supplement or modification shall apply equally to each of the Lenders and shall be binding upon the Loan Parties, the Lenders, the Agents and all future holders of the Loans. In the case of any waiver, the Loan Parties, the Lenders and the Agents shall be restored to their former position and rights hereunder and under the other Loan Documents, and any Default or Event of Default waived shall be deemed to be cured and not
Maximum Facility Availability at any date, an amount equal to the lesser of (a) the Total Revolving Credit Commitments on such date and (b) the Adjusted Borrowing Base on such date; provided that, if, immediately following the consummation a successful initial public offering of the Capital Stock of the REIT with minimum proceeds of $175,000,00, the book value of the REIT is less than $1,000,000,000, the Maximum Facility Availability shall not exceed $50,000,000 until such time as the book value of the REIT is equal to or greater than $1,000,000,000, at which time this proviso shall cease to be of any further force and effect.