Employee Availability. The Employee agrees to make himself reasonably available to the Company to respond to requests by the Company for information in any way pertaining to the Company that may be within the knowledge of the Employee. Employee will cooperate fully with the Company in connection with any and all existing or future litigation or investigations brought by or against the Company or any Releasees, whether administrative, civil or criminal in nature.
Closing Availability. After giving effect to all Borrowings to be made on the Effective Date, the issuance of any Letters of Credit on the Effective Date and the payment of all fees and expenses due hereunder, and with all of the Loan Parties indebtedness, liabilities, and obligations current, the Availability shall not be less than $35,000,000; provided, that all accounts payable of IPSCO to PAO TMK are current as of the Effective Date; and provided, further, that any such accounts payable of IPSCO to PAO TMK that are not current as of the Effective Date shall be subject to the implementation of a Reserve by Administrative Agent on a dollar-for-dollar basis.
Minimum Availability. Permit Availability to be less than # $1,000,000 at any time, prior to February 1, 2017, # $2,000,000 at any time between and including February 1, 2017 to February 28, 2017, and $1,000,000 at any time on or after March 1, 2017.
Availability Notice. As soon as practicable prior to the date that any ROFO Space is scheduled to become or is reasonably anticipated by Landlord to become vacant and available, Landlord shall notify Tenant in writing (the Availability Notice) of the availability of the ROFO Space in question (such ROFO Space being referred to herein as the Available ROFO Space), and shall further set forth in such Availability Notice the Landlords proposed determination of the Prevailing Market Rent for the Available ROFO Space and any concessions not already set forth in this Lease, and the location, size, and expected delivery date of the Available ROFO Space. The Available ROFO Space shall be available for lease by Tenant upon all of the terms and conditions set forth in this Lease, except that the Base Rent therefor shall be 100% of the Prevailing Market Rate for such Available ROFO Space as mutually agreed by the parties or determined pursuant to the Baseball Arbitration Method. In no event shall Tenant be required to lease other space from Landlord as a condition to its exercise of the ROFO. The ROFO shall not be applicable to any portion of the ROFO Space which does not become available for Lease during the ROFO Period.
Clause (b) of [Section 8.12] is hereby deleted and the following is inserted in its stead; the [following clause (c)] is hereby inserted into [Section 8.12]:
Availability of Funds. The Purchaser will have all of the funds necessary to pay the Purchase Price and consummate the Transactions under this Agreement at the Closing.
Minimum US Availability. Permit US Availability to less than # $2,000,000 at any time between and including the Seventh Amendment Effective Date and June 15, 2018, or # $3,000,000 at any time on or after June 16, 2018.
Availability of Facility. Subject to the terms of this Agreement, the facility is available from the date hereof to the Termination Date, and the Borrowers may borrow, repay and reborrow at any time prior to the Termination Date. The Commitments to lend hereunder shall expire on the Termination Date. Principal payments made after the Termination Date may not be reborrowed.
Availability of Power. Subject to the other provisions of this contract, WKRECC shall, commencing with the effective date hereof, make available to Customer, and Customer shall take and buy from WKRECC, Customer's requirement for firm power and energy for the operation of Customer's facility up to a maximum of 25,001 kW (Off-Peak), and 500 kW (On-Peak), which amount shall be the "Contract Demands" under this contract.
Loans Make any loans or other advances of money to any Person, except: # advances to an officer or employee for salary, travel expenses, relocation/moving costs, commissions and similar items in the Ordinary Course of Business; # prepaid expenses and extensions of trade credit made in the Ordinary Course of Business; # deposits with financial institutions permitted hereunder; # as long as no Default or Event of Default exists or would result therefrom, intercompany loans or advances from a Borrower to another Borrower; and # as long as a Restriction Trigger Period is not in effect or would result therefrom, intercompany loans or advances by a Borrower to a Subsidiary of a Borrower that is not a Borrower; provided, however, solely in the case of clause (e), during a Restriction Trigger Period and so long as no Event of Default exists or would result therefrom, additional intercompany loans or advances shall be permitted to the extent that such additional intercompany loans and advances do not exceed $5,000,000 in the aggregate per Fiscal Year. For the avoidance of doubt, [clause (e) above] shall not limit non-cash Availability neutral ledger entries by the Borrowers. Upon Agent’s request, any such intercompany loan or advance referred to in [clauses (d) or (e) above] shall be evidenced by a promissory note executed by the appropriate debtor and, to the extent included in the Collateral, delivered to Agent, with appropriate assignment provisions. With respect to such promissory notes evidencing loans and advances referred to in clause (d), such promissory notes shall be subordinated and junior in right and payment to the Full Payment of the Obligations.
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