Available ECF Amount definition
Available ECF Amount means, on any date, the positive amount, if any, determined on a cumulative basis equal to Excess Cash Flow for each year, commencing with the first full fiscal year ended after the Escrow Release Date and ending with the fiscal year of the Borrower most recently ended prior to the date of determination for which financial statements and a Compliance Certificate have been delivered pursuant to Section 6.1(e) minus the Restricted ECF Amount for such period minus the cumulative ECF Payments for such period.
Available ECF Amount means, as of any time, the excess, if any, of:
Available ECF Amount means, on any date, an amount not less than zero determined on a cumulative basis equal to Excess Cash Flow for each fiscal year, commencing with the fiscal year ending December 31, 2021 and ending with the fiscal year of the Borrower most recently ended prior to the date of determination for which financial statements and a calculation of Excess Cash Flow have been delivered pursuant to Section 5.01(a) and Section 5.01(c)(i), as applicable, to the extent such Excess Cash Flow has not been applied or required to be applied to prepay Initial Term B Loans pursuant to Section 2.08(c) (without regard to any credit against such obligation).
Examples of Available ECF Amount in a sentence
If more than one action occurs on any given date the permissibility of the taking of which is determined hereunder by reference to the amount of the Available ECF Amount immediately prior to the taking of such action, the permissibility of the taking of each such action shall be determined independently and in no event may any two or more such actions be treated as occurring simultaneously.
More Definitions of Available ECF Amount
Available ECF Amount means, on any date, an amount not less than zero determined on a cumulative basis equal to Excess Cash Flow for each fiscal year, commencing with the fiscal year ending September 30, 2018 and ending with the fiscal year of the Borrower most recently ended prior to the date of determination for which financial statements pursuant to Section 5.01(a) or (b) to the extent such Excess Cash Flow has not been applied or required to be applied to prepay Initial Term B Loans or 2018 Incremental Term B Loans pursuant to Section 2.08(c) (without regard to any credit against such obligation).
Available ECF Amount means, on any date, an amount equal to (i) 100% minus the ECF Percentage multiplied by (ii) the 2014 Quarterly Excess Cash Flow, the Quarterly Excess Cash Flow or the Annual Excess Cash Flow, as the case may be; provided that such calculation shall not include any Excess Cash Flow accumulated prior to the Closing Date; provided further that (i) any unused Available ECF Amount in any fiscal quarter or fiscal year may be carried forward and utilized in the next three succeeding fiscal quarters (subject to a cap of $20,000,000 in the aggregate for any carry forward amounts for the fiscal quarters ended September 28, 2014 and December 28, 2014) and (ii) any Restricted Payments or Investments made during any such succeeding fiscal quarter pursuant to Section 6.6(k) and 6.7(w), respectively, shall be deemed to be made first with respect to the Available Amount available for such fiscal quarter or fiscal year and then with respect to any carry forward amount to the extent applicable.
Available ECF Amount means, at any date (the “Reference Date”), the sum of:
Available ECF Amount on any date an amount equal to the cumulative amount of the ECF Annual Builder Basket Amount determined for each Excess Cash Flow Determination Date concluded on or prior to such date.
Available ECF Amount means at any time, an amount equal to (A) 50% of Excess Cash Flow determined for the fiscal year of the Borrower (commencing with the fiscal year ending on December 31, 1999) then last ended less (B) the aggregate Consolidated Capital Expenditures theretofore made during the then current fiscal year pursuant to Section 8.05(c)(x).
Available ECF Amount means, on any date, an amount not less than zero determined on a cumulative basis equal to Excess Cash Flow for each fiscal year, commencing with the fiscal year ending December 31, 2022 and ending with the fiscal year of the Borrower most recently ended prior to the date of determination for which financial statements and a compliance certificate have been delivered pursuant to Section 5.01(a) and Section 5.01(c), as applicable, to the extent such Excess Cash Flow has not been applied or required to be applied to prepay Term Loans pursuant to Section 2.09(c) (without regard to any credit against such obligation); provided that for purposes of this definition, the calculation of Excess Cash Flow shall exclude Excess Cash Flow generated by any Foreign Subsidiary that would be prohibited under any Applicable Laws (including any such laws with respect to financial assistance, corporate benefit, thin capitalization, capital maintenance, liquidity maintenance and similar legal principles, restrictions on upstreaming of cash intra group and the fiduciary and statutory duties of directors of the relevant Subsidiaries) from being repatriated to the United States or that the Borrower determines in good faith would result in a tax liability that is material to the amount of funds otherwise required to be repatriated (including any withholding tax) if repatriated to the United States).
Available ECF Amount means, on any date of determination, an aggregate cumulative amount equal to the amount of Excess Cash Flow for the period (treated as one accounting period) commencing on the Closing Date and ending at the end of the Borrower’s fiscal year most recently ended prior to such date of determination that is not required to be applied to prepay the Loans in accordance with [the mandatory prepayment provisions in the Credit Agreement].