AVAILABILITY; PROCEDURE Clause Samples

AVAILABILITY; PROCEDURE. (i) The Borrower may request the Letter of Credit Issuer to issue standby letters of credit (the "Letters of Credit"; each, individually, a "Letter of Credit") during the period from the Third Restatement Date to the tenth Business Day prior to the Tranche A Maturity Date, provided that immediately after the issuance of each Letter of Credit the Letter of Credit Exposure of all Tranche A Lenders would not exceed the Letter of Credit Commitment and the Aggregate Tranche A Exposure would not exceed the Aggregate Tranche A Commitments. To request the issuance of a Letter of Credit, the Borrower shall notify the Administrative Agent and the Letter of Credit Issuer by the delivery of a Credit Request, which shall be sent by facsimile and shall be irrevocable (confirmed promptly, and in any event within five Business Days, by the delivery to the Administrative Agent of a Credit Request manually signed by the Borrower), at least three Business Days prior to the requested date of issuance, specifying (A) the beneficiary of such Letter of Credit, (B) the Borrower's proposal as to the conditions under which a drawing may be made under such Letter of Credit and the documentation to be required in respect thereof, (C) the maximum amount to be available under such Letter of Credit, and (D) the requested dates of issuance and expiration. Such Credit Request shall be accompanied by a duly completed application for such Letter of Credit on such forms as may be made available from time to time by the Letter of Credit Issuer and such other certificates, documents (including a reimbursement agreement) and other information as may be required by the Letter of Credit Issuer in accordance with its customary procedures (collectively, the "Letter of Credit Documentation"). Upon receipt of such Credit Request from the Borrower, the Administrative Agent shall promptly notify each Lender thereof. Subject to the satisfaction of the terms and conditions of this Agreement, the Letter of Credit Issuer shall issue each requested Letter of Credit. In the event of any conflict between the provisions of this Agreement and any Letter of Credit Documentation, the provisions of this Agreement shall control.
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AVAILABILITY; PROCEDURE. In connec- tion with any hearing ordered by the Commission or any deposition per- mitted under § 201.233, a party may re- quest the issuance of subpoenas requir- ing the attendance and testimony of
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AVAILABILITY; PROCEDURE. Commencing on the calendar day prior to the beginning of the Delivery Period, and continuing each calendar day thereafter during the Delivery Period, by 7:00 A.M. EPT, Company shall assume an hourly schedule from the CEP equal to the Contracted Capacity per hour; provided the CEP shall electronically transmit to the Company an hourly schedule for the next calendar day of the Contracted Capacity and Associated Energy to be delivered during the days CEP forecasts the energy delivery per hour to be any value less than the Contracted Capacity. The hourly schedule shall be for the entire calendar day, including what hours CEP cannot provide such Contracted Capacity and Associated Energy during the next day (“Available Schedule”). The CEP’s Available Schedule for Fridays will include Saturday, Sunday, and Monday schedules. The CEP’s Available Schedule during holiday periods will be similarly adjusted to include the holiday period.
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AVAILABILITY; PROCEDURE. In connec- tion with any hearing ordered by the Commission or any deposition per- mitted under § 201.233, a party may re- quest the issuance of subpoenas requir- ing the attendance and testimony of witnesses at such depositions or at the designated time and place of hearing, and subpoenas requiring the production of documentary or other tangible evi- dence returnable at any designated time or place. Unless made on the record at a hearing, requests for issuance of a subpoena shall be made in writing and served on each party pur- suant to § 201.150. A person whose re- quest for a subpoena has been denied or modified may not request that any other person issue the subpoena.
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AVAILABILITY; PROCEDURE. 6.1 It is important that the Admin Team receives the Provider’s availability 10 weeks prior to the start of the month; this is to allow time for accurate planning. If the Provider does not return details of availability by these deadline dates then the Company does not have to provide any sessions. 6.2 If the Provider’s circumstances change after availability has been notified to the Company, the Provider is under a duty (see passage from Good Medical Practice referred to above) to contact the Company’s Resources Team as soon as reasonably practicable
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Related to AVAILABILITY; PROCEDURE

  • FUNDS AVAILABILITY POLICY Our policy is to make funds from your cash and check deposits available to you on the first (1st) business day after the day we receive your deposit. Electronic direct deposits will be available on the day we receive the deposit. Once deposited funds are available, you can withdraw the funds in cash and we will use the funds to pay checks that you have written. Funds from any deposits (cash or checks) made at automated teller machines (ATMs) we do not own or operate will not be available until the fifth (5th) business day after the day of your deposit. This rule does not apply at ATMs that we own or operate (proprietary ATMs). All ATMs that we own or operate are identified as our machines. Funds from any deposits (cash or checks) made at proprietary ATMs may not be available until the second (2nd) business day after the day of your deposit. For determining the availability of your deposits, every day is a business day, except Saturdays, Sundays, and federal holidays. If you make a deposit before 6:00 p.m. Pacific Standard Time on a business day that we are open, we will consider that day to be the day of your deposit. However, if you make a deposit after 6:00 p.m. Pacific Standard Time, or on a day we are not open, we will consider that the deposit was made on the next business day we are open. In some cases, we will not make all of the funds that you deposit by check available to you on the first (1st) business day after the day of your deposit. Depending on the type of check that you deposit, funds may not be available until the fifth (5th) business day after the day of your deposit. However, the first $225 of your deposits will be available on the first (1st) business day after the day of your deposit. If we are not going to make all of the funds from your deposit available on the first (1st) business day after the day of your deposit, we will notify you at the time you make your deposit. We will also tell you when the funds will be available. If your deposit is not made directly to one of our employees, or if we decide to take this action after you have left the premises, we will mail you the notice or electronically deliver the notice, if you have agreed to receive notices from us in an electronic format, by the business day after we receive your deposit. If you will need the funds from a deposit immediately, you should ask us when the funds will be available. In addition, funds you deposit by check may be delayed for a longer period under the following circumstances: 1. We believe a check you deposit will not be paid. 2. You deposit checks totaling more than $5,000 on any one day. 3. You redeposit a check that has been returned unpaid. 4. You have overdrawn your account repeatedly in the last six (6) months. 5. There is an emergency, such as failure of communications or computer equipment. We will notify you if we delay your ability to withdraw funds for any of these reasons, and we will tell you when the funds will be available. They will generally be available no later than the seventh (7th) business day after the day of your deposit.

  • Availability Control Personal Data will be protected against accidental or unauthorized destruction or loss.

  • System Availability Although we will try to provide continuous access to the Service, we cannot and do not guarantee that the Service will be available 100% of the time and will not be liable in the event Service is unavailable. Actual service or network performance is dependent on a variety of factors outside of our control. If you notify us within twenty-four (24) hours and we confirm an outage consisting of a period of two (2) hours in any calendar month, and not due to any service, act, or omission of you, a third party, your applications, equipment or facilities, or reasons outside of our control, you shall be eligible for a service credit. A service credit shall be computed as a pro-rated charge for one day of the regular monthly fees for the Service in the next monthly statement. Intermittent service outages for periods of less than two (2) hours are not considered service outages. Outages caused by routine scheduled maintenance are also not considered an outage. You shall receive advance notice no less than forty-eight (48) hours in advance of our scheduled maintenance. Scheduled maintenance will be performed between 12:00 a.m. and 6:00 a.m. CST.

  • Funds Availability For determining the availability of your deposits, every day is a business day except Saturdays, Sundays, federal holidays and legal banking holidays in the State of Utah.

  • Availability Period The Line of Credit is available between the date of this Agreement and [October 1, 2008,] or such earlier date as the availability may terminate as provided in this Agreement (the "Expiration Date").