Cash Holdback. The Intermediary shall withhold that portion of the Warrant Exercise as called for in the MOT Section III Figure 9 for Cash Holdback and Monthly and Annual Account Fee's.
Cash Holdback. Intermediary shall holdback $5,000 per Breakout/Workout on the Equity Breakout/Workouts and that portion of the Warrants as described in the MOT Section III. Such Holdback shall be retained by the Intermediary and used to cover expenses billed to the Intermediary for the management and execution of the Offering. Any cash not used to cover expenses shall be returned to the Company at the completion of the offering.
Cash Holdback. Upon the cash exercise of any Series E Warrants the holder thereof shall receive a cash payment equal to 8% of any such exercise price provided that such holder shall be permitted to net such payment out of the exercise price upon payment.
Cash Holdback. Notwithstanding anything else contained in this Agreement, the parties agree that for purposes of this Agreement, including the calculation of the Acquisition Transaction Consideration, the Book Value of BB shall not be reduced by the value of the Cash Holdback; provided, however, that for purposes of calculating the number of shares of SAB Common Stock to be delivered by SAB at Closing, SAB shall subtract the number of shares of SAB Common Stock equal to the value of the Cash Holdback, calculated as follows: the cash value of the Cash Holdback divided by the SAB Per Share Value.”
Cash Holdback. (a) Subject to Section 6.2(b) below, from and after the Closing, the Seller shall maintain cash in an amount sufficient to pay all of the Retained Liabilities. Without limiting the foregoing, the Seller agrees, from and after the Closing, to maintain cash in an amount equal to at least the aggregate of the following:
Cash Holdback. Contributors hereby acknowledge and agree that the Operating Partnership has withheld cash of up to $4,250,000 (the "Withheld Cash") from the Contributors, provided that on each of three "Award Dates," as defined below, the Operating Partnership shall award to each Contributor one third of the amount of Withheld Cash specified on the Acquisition Schedule with respect to such Contributor. The first "Award Date" shall be one year after the first Closing to occur hereunder, and the second and third Award Dates shall be on the first two succeeding anniversaries of the first Award Date. Amounts withheld under this Section 3.4 shall not be subject to setoff. On each Award Date, the Operating Partnership shall also pay to each Contributor an amount of cash equal to (i) the amount of Withheld Cash allocable to such Contributor but which has not been awarded as of such Award Date (including the amount to be paid on such Award Date, but not including any amounts awarded on previous Award Dates), multiplied by (ii) seven and three quarters percent (7.75%) per annum. Interest shall accrue on any Withheld Cash not paid on the dates when due at the rate of nine and three quarters percent (9.75) per annum and shall be payable upon demand.
Cash Holdback. Distribution Intermediary is instructed to cover all expenses of the Investors, including general and service expenses and other billable expenses from the Cash Holdback. Any amounts owing to the Intermediary over and above the expenses already covered will be billed to the Cash Holdback. Any amounts not expensed shall be returned to the Cash Account. 2.3.12. Reversing Transactions Intermediary shall not from the time of closing forward, entertain requests from Company or Investor(s) individually to "Reverse" the transactions by returning or exchanging monies for purchased securities.
Cash Holdback. Intermediary shall holdback those amounts listed in the MOT Section 2.4. Figure 5., and Section 2.5.2. Figure 6. per Breakout/Workout/Warrant Exercise on the Equity Breakout/Workouts and that portion of the Warrants as described in the MOT Section 2.5. Such Holdback shall be retained by the Intermediary and used to cover expenses billed to the Intermediary for the management and execution of the Offering. Ref.#: AMA 00000X000 OCF ARTICLE VII.
Cash Holdback. Buyer shall retain the Cash Holdback until such time as the Permits identified on Schedule 5.10 are renewed or replaced to the reasonable satisfaction of Buyer; provided that such time shall be no later than one (1) year from the Closing Date. Buyer shall be entitled to offset against the Cash Holdback the amount of all reasonable fees, expenses (including reasonable attorney’s fees) and other out-of-pocket expenses incurred by Buyer in connection with Buyer’s efforts to renew or replace such Permits. On the later to occur of (a) thirty (30) days following the date that the Permits identified on Schedules 5.10 are renewed or replaced to Buyer’s satisfaction or (b) the first (1st) anniversary of the Closing Date, Buyer shall deliver to Seller (i) a statement of the fees, expenses (including attorney’s fees) and other out-of-pocket expenses incurred by Buyer as described above and (ii) cash in the amount of the Cash Holdback less the total amount of the fees, expenses and other out-of-pocket expenses identified in such statement.
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