Acquisition Cap definition
Examples of Acquisition Cap in a sentence
For purposes hereof, only cash consideration incurred in connection with each Permitted Acquisition (not the value of non-compete agreements and the value of assets, stock, warrants, or other property transferred, pledged or given in connection with any Permitted Acquisition) shall be included in the calculation of the Acquisition Cap, if such Target is a Material Subsidiary.
The Managing Member may, at its discretion, make disproportionate non-tax distributions from Charter Holdco in redemption of Charter’s units at the market price of actual buybacks to the extent that A/N is below its Acquisition Cap (and up to an amount that would increase A/N’s interest to such Acquisition Cap).
For the avoidance of doubt, any increase in the Acquisition Cap shall remain in effect notwithstanding that Fixed Charge Coverage Ratio for any trailing twelve month period after such increase takes effect shall be less than 1.0 to 1.0.
Acquisition Cap: $0; provided, however, the Acquisition Cap shall be increased to $25,000,000 on the first day of the month following the date Agent has received evidence, in form and substance reasonably satisfactory to Agent, that Fixed Charge Coverage Ratio for any trailing twelve month period ending after the Original Agreement Closing Date is 1.0 to 1.0 or greater.
The Managing Member may, at its discretion, make proportionate non-tax distributions from Charter Holdco in redemption of Charter’s and A/N's units at the market price of actual buybacks if A/N is at the Acquisition Cap.