Attributable Amount definition
Attributable Amount means, in respect of any assets disposed of by the Company or a Restricted Subsidiary, or any designation of a Restricted Subsidiary as an Unrestricted Subsidiary or of an Unrestricted Subsidiary as a Restricted Subsidiary pursuant to Section 8.11, the amount of Consolidated Annualized Operating Cash Flow, determined at the time of such disposition or designation, which was attributable to such assets or such Subsidiary.
Attributable Amount means, with respect to any Sale/Leaseback Transaction, as at the time of determination, the present value (discounted at the interest rate borne by the Securities, compounded annually) of the total obligations of the lessee for rental payments (other than amounts required to be paid on account of property taxes, maintenance, repairs, insurance, assessments, utilities, operating and labor costs and other items that do not constitute payments for property rights) during the remaining term of the lease included in such Sale/Leaseback Transaction (including any period for which such lease has been extended); provided, however, that the Attributable Amount of each of the following Sale/Leaseback Transactions shall, in each case, be zero:
Attributable Amount in respect of a Sale and Lease-Back Transaction means, as at the time of determination, the present value (discounted at the interest rate for such lease, as determined by Holdings) of the total obligations of the lessee for rental payments during the remaining term of the lease included in such Sale and Lease-Back Transaction (including any period for which such lease has been extended); provided, however, that if such Sale and Lease-Back Transaction results in a Capital Lease Obligation, the Attributable Amount in respect thereof will be determined in accordance with the definition of “Capital Lease Obligation”.
Examples of Attributable Amount in a sentence
The records of each Clearing System shall, in the absence of manifest error, be conclusive evidence of the identity of the Relevant Account Holders, the number of Entries credited to the relevant account of each Relevant Account Holder with such Clearing System at the Relevant Time and the Attributable Amount of an Entry.
In connection with Returns described in subsection (iii) of Section 8.5(a), Seller (or, if the payment with respect to such Return is due after the Closing Date, Buyer) shall cause the relevant Company or Subsidiary to pay Seller or the appropriate Taxing Authority such Company's or Subsidiary's Attributable Amount with respect to such Returns one business day prior to the due date for such Return (giving effect to any applicable extensions thereto).
The Attributable Amount shall be the total amount of Sublicense Revenue divided by the number of total patents licensed in the Sublicense multiplied by the number of patents in Licensed Patents; provided, however, that in no event shall the Attributable Amount be less than one third (1/3) of the Royalty Percentage.
Any Relevant Account Holder is entitled to receive payment of the Attributable Amount of its Entry and of all other sums referable to its Direct Rights to the exclusion of any other person and payment in full by the Issuer to such Relevant Account Holder shall discharge the Issuer from all obligations in respect of such Entry and such Direct Rights.
If the net proceeds exceed the Attributable Amount for that Vessel, any surplus shall be released to the Borrowers provided that no Event of Default or Potential Event of Default shall have occurred and be continuing.
More Definitions of Attributable Amount
Attributable Amount means, with respect to any Sale/Leaseback Transaction involving any Principal Property, as at the time of determination, the present value (discounted at the interest rate borne by the Notes, compounded annually) of the total obligations of the lessee for rental payments (other than amounts required to be paid on account of property taxes, maintenance, repairs, insurance, assessments, utilities, operating and labor costs and other items that do not constitute payments for property rights) during the remaining term of the lease included in such Sale/Leaseback Transaction (including any period for which such lease has been extended); provided, however, that the Attributable Amount of each of the following
Attributable Amount means, in connection with any designation of a Restricted Subsidiary as an Unrestricted Subsidiary or of an Unrestricted Subsidiary as a Restricted Subsidiary pursuant to Section 8.10, the amount of EBITDA for the most recent four consecutive fiscal quarter period for which financial statements have been delivered in accordance with Section 8.02, determined at the time of such designation, which was attributable to such Subsidiary.
Attributable Amount means, with respect to any Sale/Leaseback Transaction involving any Principal Property, as at the time of determination, the present value (discounted at the interest rate borne by the Notes, compounded annually) of the total obligations of the lessee for rental payments (other than amounts required to be paid on account of property taxes, maintenance, repairs, insurance, assessments, utilities, operating and labor costs and other items that do not constitute payments for property rights) during the remaining term of the lease included in such Sale/Leaseback Transaction (including any period for which such lease has been extended); provided, however, that the Attributable Amount of each of the following Sale/Leaseback Transactions involving a Principal Property shall, in each case, be zero: (1) a Sale/Leaseback Transaction in which the lease is for a period, including renewal rights, not in excess of three years; (2) a Sale/Leaseback Transaction in which the transfer of the Principal Property is made within 270 days of the acquisition or construction of, or the completion of a material improvement to, such Principal Property; (3) a Sale/Leaseback Transaction in which the lease secures or relates to industrial revenue or pollution control bonds; (4) a Sale/Leaseback Transaction in which the transaction is between or among the Company and one or more Restricted Subsidiaries or between or among Restricted Subsidiaries; or (5) a Sale/Leaseback Transaction pursuant to which the Company, within 270 days after the completion of the transfer of the Principal Property, applies toward the retirement of its Indebtedness or the Indebtedness of a Restricted Subsidiary, or to the purchase of other property constituting a Principal Property, the greater of the net proceeds from the transfer of the Principal Property and the fair market value of the Principal Property; provided, however, that the amount that must be applied to the retirement of Indebtedness shall be reduced by (a) the principal amount of any debentures, notes or debt securities (including the Notes) of the Company or a Restricted Subsidiary surrendered to the Trustee or agent for retirement and cancellation within 270 days of the completion of the transfer of the Principal Property, (b) the principal amount of any Indebtedness not included in clause (5)(a) of this definition to the extent such
Attributable Amount means, in respect of any Consenting Beneficiary, any Attributable Reserve or Attributable Payment in each case in respect of that Consenting Beneficiary
Attributable Amount means, in connection with any designation of a Restricted Subsidiary as an Unrestricted Subsidiary pursuant to Section 5.14, the aggregate amount of Total Consolidated EBITDA for the most recent four consecutive fiscal quarter period for which financial statements have been delivered in accordance with Section 5.04, determined at the time of such designation, which was attributable to (i) such Subsidiary and (ii) all other Subsidiaries designated as Unrestricted Subsidiaries at or prior to such time.
Attributable Amount means, with respect to any Sale/Leaseback Transaction involving any Principal Property, as at the time of determination, the present value (discounted at the interest rate borne by the Securities, compounded annually) of the total obligations of the lessee for rental payments (other than amounts required to be paid on account of property taxes, maintenance, repairs, insurance, assessments, utilities, operating and labor costs and other items that do not constitute payments for property rights) during the remaining term of the lease included in such Sale/Leaseback Transaction (including any period for which such lease has been extended); provided, however, that the Attributable Amount of each of the following Sale/Leaseback Transactions involving a Principal Property shall, in each case, be zero:
Attributable Amount means, in respect of any secured Debt, an amount equal to the lesser of (i) the aggregate outstanding principal amount of such Debt and (ii) the aggregate gross book value of all Principal Properties which are either (A) subject to a Mortgage securing such Debt or (B) owned by a Restricted Subsidiary the capital stock of which or Debt of which is subject to a Mortgage securing such Debt (or, if such Debt is secured by inventory and/or accounts receivable of the Company or a Restricted Subsidiary, then the aggregate book value of all such inventory and accounts receivable of the Company and such Restricted Subsidiaries securing such Debt).