Suppressed Availability Clause Samples

The Suppressed Availability clause restricts or limits the availability of certain goods, services, or information under specified conditions. In practice, this clause may be used to temporarily withhold products from the market, limit access to a service during maintenance, or prevent disclosure of information due to regulatory requirements. Its core function is to provide a clear legal basis for withholding availability, thereby managing expectations and reducing liability when access cannot be guaranteed.
Suppressed Availability. (a) Borrowers shall, maintain with Lender, at all times after the date hereof, Suppressed Availability of not less than $1,800,000. Lender may, but shall not be required to and in addition to its other rights, in its discretion, use the amount of Suppressed Availability (i) to pay costs and expenses incurred by Borrowers or chargeable to Borrowers under this Agreement, (ii) to cure defaults of Borrowers or NSC under this Agreement, or by Borrower or NSC or any other Obligor under any of the other Financing Agreements or any other agreement of any Borrower or NSC with any third party, (iii) to pay taxes of Borrowers or NSC and (iv) for, any other purpose permitted by, or to make any other payment which Lender is authorized to make, under this Agreement. (b) If the amount of Suppressed Availability shall at any time be less than $1,800,000 Borrowers shall, at all times, on notice by Lender, immediately take such actions as are required by Lender, including delivery to Lender of additional Pledged Cash, so that the amount of Suppressed Availability shall not be less than $1,800,000.
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Suppressed Availability a. Borrowing Base as of the last day of the fiscal quarter ended __________, 20__ $______ b. Line of Credit Commitments as of the last day of the fiscal quarter ended __________, 20__ $______ c. Result of Line a – Line b $______ d. Greater of $0 and Line c $______
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Suppressed Availability. Borrower shall maintain Suppressed ----------------------- Availability in an amount of at least $5,000,000 at all times." (c) Section 5 is amended by inserting the following new subsection immediately after subsection 5.16;
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Suppressed Availability. Borrower shall maintain, at all times, ----------------------- Suppressed Availability in an amount of Seven Million Dollars ($7,000,000), plus an additional Five Hundred Thousand Dollars ($500,000) of Suppressed Availability for each additional One Million Dollars ($1,000,000) borrowed above Fifteen Million Dollars ($15,000,000).
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Suppressed Availability. Borrower shall maintain Suppressed ----------------------- Availability in an amount of at least $3,500,000 at all times. (d) Subsection 8.1(C) is amended by deleting said subsection in its entirety and replacing it with the following:
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Suppressed Availability an amount equal to the greater of (i) the difference between clause (ii) of the definition of Borrowing Base, minus the aggregate Commitments and (ii) zero.
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Related to Suppressed Availability

  • 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.

  • RDDS availability Refers to the ability of all the RDDS services for the TLD, to respond to queries from an Internet user with appropriate data from the relevant Registry System. If 51% or more of the RDDS testing probes see any of the RDDS services as unavailable during a given time, the RDDS will be considered unavailable.

  • High Availability Registry Operator will conduct its operations using network and geographically diverse, redundant servers (including network-­‐level redundancy, end-­‐node level redundancy and the implementation of a load balancing scheme where applicable) to ensure continued operation in the case of technical failure (widespread or local), or an extraordinary occurrence or circumstance beyond the control of the Registry Operator. Registry Operator’s emergency operations department shall be available at all times to respond to extraordinary occurrences.

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

  • General Availability The commitment to availability specified in the letter of appointment shall be subject to mutually acceptable revision. Such revision will occur once per year, or, if mutually agreed between the Employer and the employee, on a more frequent basis. The Employer will issue a revised letter of appointment to reflect approved changes to employee’s general availability.