Applicable Holdback definition

Applicable Holdback as defined in subsection 2.6(b)(ii).
View Source
Applicable Holdback means an amount of Net Proceeds not in excess of $20,000,000 derived from any Asset Sales occurring since the Original Closing Date that has not been applied toward the prepayment of Loans and the permanent reduction of the Commitments as set forth in clause (iv) of subsection 2.6
View Source
Applicable Holdback means an amount of Net Proceeds not in excess of $20,000,000 derived from any Asset Sales (other than a Final TCAS Sale) occurring since the Original Closing Date that has not been applied toward the prepayment of Loans and the permanent reduction of the Commitments as set forth in clause (iv) of subsection 2.6
View Source

Examples of Applicable Holdback in a sentence

  • Without limiting the generality of the foregoing, Purchaser shall complete all such actions with the NYSE and otherwise take all such actions as may be reasonably necessary for such portion of the Equity Purchase Price, the aggregate Applicable Holdback Amount, and, to the extent applicable, the Defect Escrow, to be approved for listing on the NYSE from and after the time of Closing, subject to official notice of issuance.

  • Any other payments (including disbursements of the Holdback Cash Consideration), if any, to be made to the Equityholders following the Closing shall be made to the Representative (or a paying agent engaged by the Representative (the “Paying Agent”)) for the benefit of such Equityholders, and shall be paid by the Representative or such Paying Agent to the Equityholders in accordance with their Applicable Holdback Percentages.

  • Upon final payment of the expenses incurred by the Representative, the Representative shall distribute the remaining Expense Fund Amount (if any) to the Paying Agent for further distribution to the Equityholders in proportion to their respective Applicable Holdback Percentages.

  • Purchaser has, and at the Closing will have, sufficient authorized but unissued shares of Purchaser Common Equity to enable it to issue the portion of the Equity Purchase Price as determined pursuant to Section 2.6, the aggregate Applicable Holdback Amount, and, to the extent applicable, the Defect Escrow, in each case, at the Closing.

  • At the Closing, Purchaser shall issue the portion of the Equity Purchase Price as determined pursuant to Section 8.3(l), the aggregate Applicable Holdback Amount, and, to the extent applicable, the Defect Escrow, in accordance with all applicable securities Laws and the rules and policies of the NYSE.

  • Subject to the foregoing, any disbursements of the Closing Payment, Deposit, Applicable Holdback Amount or any other amount received hereunder shall be made to the Sellers as previously agreed to amongst the Sellers.

  • For a period from the Closing until the fifth anniversary of the Closing, the Company agrees that it will not distribute to any of its partners that portion of the total cash proceeds received by the Company as part of the Purchase Price (the "Cash Proceeds") which is equal to the Applicable Holdback Amount.

Related to Applicable Holdback

  • Holdback has the meaning set forth in Section 4.1(d)(i).

  • Indemnity Escrow Amount means $3,000,000.

  • Indemnity Escrow Fund means the Indemnity Escrow Amount deposited with the Escrow Agent, as such sum may be increased or decreased as provided in this Agreement and the Escrow Agreement, including any remaining interest or other amounts earned thereon.

  • Retained Amount means the present value (as determined in accordance with sections 280G(b)(2)(A)(ii) and 280G(d)(4) of the Code) of the Total Benefits net of all federal, state and local taxes imposed on Executive with respect thereto.

  • Escrow Amount has the meaning set forth in Section 2.1(c).