Applicable Base Amount definition

Applicable Base Amount means $8.44 from the date hereof to (but excluding) the Shareholder Approval Date, and shall mean $9.00 from (and including) and after the Shareholder Approval Date.
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Applicable Base Amount means, with respect to each Closing, the aggregate cash amount, payable by Purchaser to Seller in U.S. Current Funds, allocated for (i) the Purchased Interests (or Lati Honduras Equity Interests, if applicable pursuant to Section 5.25) being conveyed at such Closing, or (ii) the Purchased Assets being conveyed at such Closing, in each case, as set forth on Schedule 1(a), payable in accordance with Section 1.2 and as adjusted in accordance with Section 1.5. “Applicable Leased Space” – means the Leased Space of a Designated Target Company located in the Territories at the Tower Sites conveyed and delivered at a Closing, in each case as set forth on EXHIBIT 1(a). “Assumed Liabilities” – all liabilities (other than Excluded Liabilities), arising from the operation, ownership, use, collocation, or occupancy of the Purchased Assets conveyed directly or indirectly hereunder in each case first arising after the Closing on which the applicable Purchased Assets are transferred to Purchaser pursuant to the terms of this Agreement, including all executory payment and performance obligations first arising after the Closing under the assigned Contracts. Without limiting the generality of the foregoing, Assumed Liabilities will include, all liabilities first arising after the Closing under or related to assigned Contracts included with the Purchased Assets (subject to the allocation of receipts and expenses set forth in Section 8.5 (Additional Expenses and Adjustments)) other than any liability arising out of any breach by Seller or its Affiliates of its obligations under such Contract on or prior to the Closing Date. Notwithstanding the immediate preceding sentence, Assumed Liabilities do not relate to or arise from the Excluded Assets. For the avoidance of doubt, Assumed Liabilities primarily relating to
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Applicable Base Amount means the following respective amounts, depending on the Rating as of the date any Net Proceeds or Net Award (as defined below), as applicable, are received by Landlord or First Mortgagee: (i) Three Hundred Seventy Thousand Dollars ($370,000) if the Rating is BB- or below; (ii) One Million Dollars ($1,000,000) if the Rating is above BB- up to and including BB+; (iii) Two Million Dollars ($2,000,000) if the Rating is above BB+ up to and including BBB+; and (iv) Three Million Five Hundred Thousand Dollars ($3,500,000) if the Rating is above BBB+. Subject to the provisions of Section 21(d), any Net Proceeds received by Landlord or First Mortgagee shall be made available to Tenant to make such repair, but only upon submission to Landlord and any First Mortgagee of the following if the estimated cost of repair exceeds the Applicable Base Amount: (A) prior to commencement of work, plans and specifications covering all repair and restoration work in form and substance reasonably acceptable to Landlord and First Mortgagee but which shall be deemed acceptable if accompanied by (x) a certificate of a licensed architect stating that the proposed work as set forth in such plans and specifications complies in all material respects with all Legal Requirements, and (y) reasonable evidence that, upon completion of such work, the Premises will have an equivalent or better value, as nearly as possible, than immediately prior to the Casualty, and (B) prior to each periodic disbursement: (1) Tenant's and contractor's sworn statements in customary form and appropriate waivers of mechanic's or construction liens, and (2) architect's certificates in customary form covering the work for which payment is requested. So long as (i) no Event of Default shall have occurred and be continuing and (ii) the Casualty in question gives rise to Net Proceeds in an amount less than or equal to the Applicable Base Amount, Tenant shall be entitled to receive such Net Proceeds from any Casualty and shall apply same to restore the Premises in accordance with the provisions of this Lease. Subject to the provisions of Section 21(d), any Net Proceeds remaining after Tenant has repaired the Premises shall be delivered to Tenant. If the cost of any repairs required to be made by Tenant pursuant to Section 21(a) shall exceed the amount of any Net Proceeds available to Tenant, the deficiency shall be paid by Tenant.
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Examples of Applicable Base Amount in a sentence

  • So long as (i) no Event of Default shall have occurred and be continuing and (ii) the amount of Net Awards shall be less than or equal to the Applicable Base Amount, Tenant shall be entitled to receive such Net Awards and shall apply same to restore the Premises in accordance with the provision hereof.

  • The "Applicable Base Amount" shall be $170,000,000 during the period commencing on January 18, 1994, and ending on June 30, 1998, and thereafter shall be equal to 75% of Consolidated Tangible Net Worth on June 30, 1998; and the "Applicable Base Year" shall be the fiscal year ended June 30, 1994 at all times on and prior to June 30, 1998, and thereafter shall be June 30, 1999.

  • If Lessee is not in default of this Lease, Lessee shall have the option to purchase the Equipment by providing the Lessor thirty (30) days' written notice prior to the conclusion of the term of this Lease by paying to the Lessor a sum equal to the Applicable Base Amount.

  • For each month of said term beginning after the first anniversary of the commencement date hereof, or any portion thereof, Lessee shall pay to Lessor rent of (i) $40,000 plus (ii) the product of the Applicable Base Amount (defined below) multiplied by the Finance Factor (defined below).