Available Net Cash definition

Available Net Cash means, for any fiscal period, any operating receipts of the Company (including the cash proceeds received by the Company in connection with any Capital Event) after payment of (i) any amounts required to pay costs and expenses of the Company, including normal operating expenses, taxes and professional or other fees, (ii) any payments of any Indebtedness, and (iii) amounts of any reserves as may reasonably be determined by the Board of Directors. For purposes of this definition, the term "Indebtedness" means, with respect to the Company, (a) all indebtedness for borrowed money, (b) the deferred purchase price of assets or services which, in accordance with generally accepted accounting principles, would be reflected as a liability, (c) the maximum amount of all letters of credit issued for the account of the Company, (d) all capitalized lease obligations, and (e) obligations to guarantee the debt of another Person.
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Available Net Cash shall have the meaning given to such term in paragraph 4.5.
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Available Net Cash is defined as:
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Examples of Available Net Cash in a sentence

  • That is one way but not the only plausible way to resolve the ambiguity.Judge Patterson offered an additional reason for rejecting the possibility that 3.1(a), with its Available Net Cash Flow limitation, applied to SK Greenwich’s payment obligation and consequent exposure to the foreclosure remedy.

  • The Appellants dispute the District Court’s premise that the Available Net Cash Flow limitation, if applicable to SK Greenwich’s repayment obligation, could result in perpetual non- payment.

  • Whether the Intercreditor Agreement Benefits the Appellants A second issue, distinct from the issue whether the Available Net Cash Flow limitation of 3.1(a) applies to limit W-D Lender’s foreclosure remedy, is whether any provisions of the Intercreditor Agreement benefit the Appellants.

  • The New Options will be granted under the 1998 Plan, unless you are a tax resident of France, in which case your New Option will be granted under the French Plan.

  • We note that the Mezzanine Lender, in its capacity as the Mezzanine Borrower’s partner, provided in the Operating Agreement of the Company that Company Loans are repayable only if there is Available Net Cash Flow.

  • From these rulings, the Court concluded that 3.1(a) was not the relevant provision defining “Event of Default,” leaving 3.1(c), the provision without the Available Net Cash Flow limitation, as the applicable provision defining a default warranting foreclosure.

  • Any Available Net Cash Proceeds referred to in this paragraph as being available for retention by Conseco (A) must, if received by a Subsidiary, be distributed to Conseco for such purpose if such distribution is not prohibited by law, rule or regulation or the Lehman Agreement and (B) may be used by Conseco fox xxx purpose permitted by this Appendix.

  • The Company Available Net Cash shall not be less than $75,000,000 (seventy five million dollars).

  • After the Class A Preferred ceases to be outstanding, for any Quarterly Distribution Period for which the quarterly distribution on Common Shares is less than the Company's Available Net Cash Proceeds and Consolidated Retained Earnings, distributions on the Common Shares, when, as and if declared by the Management Committee, may be paid in cash or in-kind.

  • Additionally, the Board believes that the current financial leverage of R&Q is unsustainable and if the Sale were not to proceed and the Available Net Cash Proceeds were not available to facilitate a material financial de-leveraging of R&Q, R&Q may not be able to repay its debt facilities as they become due and R&Q would therefore be unable to continue as a going concern.


More Definitions of Available Net Cash

Available Net Cash means, for any fiscal period, any operating receipts of the Company (including the cash proceeds received by the Company in
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Available Net Cash means, for any fiscal period, any operating receipts of the Company (including the cash proceeds received by the Company in connection with any Capital Event) after payment of (i) any amounts required to pay costs and expenses of the Company, including normal operating expenses, taxes and professional or other fees, (ii) any payments of any Indebtedness, (iii) amounts of any reserves as may reasonably be determined by the Board of Managers, and (iv) Preferred Distributions with respect to Series B Units. For purposes of this definition, the term "Indebtedness" means, with respect to the Company, (a) all indebtedness for borrowed money, (b) the deferred purchase price of assets or services which, in accordance with generally accepted accounting principles, would be reflected as a liability, (c) the maximum amount of all letters of credit issued for the account of the Company, (d) all capitalized lease obligations, and (e) obligations to guarantee the debt of another Person.
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Available Net Cash means, for any fiscal period, any operating receipts of the Company (including the cash proceeds received by the Company in connection with any Capital Event) after payment of (i) any amounts required to pay costs and expenses of the Company, including normal operating expenses, taxes and professional or other fees, (ii) any payments of any Indebtedness, and
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Available Net Cash means, for any fiscal year (or portion thereof), the Permitted Investments made by the Company during such period that continue to be held by the Company at the end of such period PLUS the aggregate amount of consolidated unrestricted cash of the Company and its Subsidiaries at the end of such period (excluding the proceeds from financings, issuances by the Company of Membership Interests and other extraordinary transactions), and MINUS a reasonable reserve established by the Board of Directors for future interest and principal payments, distributions with respect to outstanding Preferred Membership Interests under Section 5.1(a), distributions under Section 5.1(b), capital expenditures, other working capital requirements and liabilities, contingent or otherwise.
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Available Net Cash means all cash available to the ------------------ Joint Venture from its Business Activities, activities, decisions and transactions which do not require the prior approval of the Board in accordance with Section 6.5 (hereinafter referred to as the ----------- "Ordinary Course of Business") remaining after payment --------------------------- of current expenses, Liabilities, debts or obligations of the Joint Venture (other than principal or interest on Loans) and after any appropriate reserves for:
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Related to Available Net Cash

  • Net Available Cash from an Asset Disposition means cash payments received (including any cash payments received by way of deferred payment of principal pursuant to a note or installment receivable or otherwise and net proceeds from the sale or other disposition of any securities received as consideration, but only as and when received, but excluding any other consideration received in the form of assumption by the acquiring person of Indebtedness or other obligations relating to the properties or assets that are the subject of such Asset Disposition or received in any other non-cash form) therefrom, in each case net of:

  • Adjusted gross proceeds means gross proceeds less cash prizes, cost of

  • Available Cash Flow means an amount, with respect to each Fiscal Year or portion thereof during the Term, equal to the excess, if any, of the Operating Profit over the Owner’s Priority.

  • Excess Cash Flow Percentage 50%; provided that the Excess Cash Flow Percentage shall be reduced to (a) 25% if the Consolidated Total Leverage Ratio as of the last day of the relevant fiscal year is not greater than 3.75 to 1.00 and (b) to 0% if the Consolidated Total Leverage Ratio as of the last day of the relevant fiscal year is not greater than 2.25 to 1.00.

  • Quarterly Excess Available Funds Percentage means, with respect to the July 2008 Transfer Date and each Transfer Date thereafter, the percentage equivalent of a fraction the numerator of which is the sum of the Excess Available Funds Percentages with respect to the immediately preceding three Monthly Periods and the denominator of which is three.

  • Available Amount of any Letter of Credit means, at any time, the maximum amount available to be drawn under such Letter of Credit at such time (assuming compliance at such time with all conditions to drawing).

  • Net Monthly Excess Cash Flow For any Distribution Date the amount remaining for distribution pursuant to subsection 4.02(a)(iii) (before giving effect to distributions pursuant to such subsection).

  • Consolidated Cash Flow Available for Fixed Charges means, with respect to any Person for any period:

  • Maximum Available Minutes is the sum of all Deployment Minutes across all Relays deployed by Customer in a given Azure subscription during a billing month.

  • Excess Cash Flow means, for any period, an amount equal to:

  • Maximum Available Amount means, at any time, the least of:

  • Excess Available Funds Percentage means, with respect to any Transfer Date, the amount, if any, by which the Portfolio Yield for the preceding Monthly Period exceeds the Base Rate for such Monthly Period.

  • Excess Cash Amount means, as of any Excess Cash Measurement Date, (a) the total amount of Unrestricted Cash, less (b) the sum of (i) the applicable Minimum Cash Threshold hereto corresponding to such Excess Cash Measurement Date, (ii) the total amount of scheduled payments due by OEC and its Subsidiaries, taken as a whole, under (x) the New Notes and (y) any other Permitted Indebtedness in each case in the subsequent twelve (12) month period, (iii) projected expenses for the Issuer to conduct its operations during the subsequent twelve (12) month period, including any foreign currency conversion expenses and (iv) for any Excess Cash Measurement Date through (and including) December 31, 2024, any Fines due by OEC and its Subsidiaries for the subsequent twelve (12) month period; less (c) an amount equal to the Required Gross-Up; provided that any items already deducted from cash and short-term investments of OEC and its Subsidiaries for purposes of determining Unrestricted Cash shall not be deducted again for purposes of determining the Excess Cash Amount.

  • Excess Cash shall have the meaning set forth in Section 2.7.2(b)(vii) hereof.

  • Available Income means the Up-MACRO Available Income or the Down-MACRO Available Income, as applicable.

  • Net Available Proceeds means, with respect to any Asset Sale, the proceeds thereof in the form of cash or Cash Equivalents, net of

  • Total Available Funds shall have the meaning set forth in Section 5.7(a).

  • Total Available Amount With respect to any Distribution Date, the sum of the Available Interest and the Available Principal for such Distribution Date and the amount of all cash or other immediately available funds on deposit in the Reserve Account immediately prior to such Distribution Date.

  • Available Cash means, with respect to any Quarter ending prior to the Liquidation Date:

  • Available Revenues means all monies on deposit from time to time (including investment earnings thereon) in (a) the PILOTS Account; and (b) subject to annual appropriation, the EATS Account that have been appropriated to the repayment of TIF Notes, excluding (i) any amount paid under protest until the protest is withdrawn or resolved against the taxpayer or (ii) any sum received by the City which is the subject of a suit or other claim communicated to the City which suit or claim challenges the collection of such sum.

  • Cumulative Excess Cash Flow means the sum of Excess Cash Flow (but not less than zero in any period) for the fiscal year ending on December 31, 2013 and Excess Cash Flow for each succeeding completed fiscal year.

  • Retained Excess Cash Flow Amount means, at any date of determination, an amount, determined on a cumulative basis, that is equal to the aggregate cumulative sum of the Excess Cash Flow that is not required to be applied as a mandatory prepayment under Section 2.11(b)(i) for all Excess Cash Flow Periods ending after the Closing Date and prior to such date; provided that such amount shall not be less than zero for any Excess Cash Flow Period.

  • Adjusted Cash Flow for any fiscal year shall mean Consolidated Net Income of the Borrower for such fiscal year (after provision for taxes) plus the amount of all net non-cash charges (including, without limitation, depreciation, deferred tax expense, non-cash interest expense, amortization and other non-cash charges) that were deducted in arriving at such Consolidated Net Income for such fiscal year, minus the amount of all non-cash gains and gains from sales of assets (other than sales of inventory and equipment in the normal course of business) that were added in arriving at such Consolidated Net Income for such fiscal year.

  • Cash Flow Available for Debt Service for any period, means (i) Cash Flow received during such period minus (ii) (A) all O&M Costs paid during such period and (B) if an Equity Cure has been made in any fiscal quarter during the period for which Cash Flow Available for Debt Service is calculated, the lesser of the aggregate amount of (x) such Equity Cure during such period and (y) the aggregate amount of cash distributions paid by the Company during such period.

  • Available Increase Amount means, as of any date of determination, an amount equal to the result of (a) $50,000,000, minus (b) the aggregate principal amount of Increases to the Revolver Commitments previously made pursuant to Section 2.14 of this Agreement.

  • Daily Maximum Cash Amount means, with respect to the conversion of any Note, the quotient obtained by dividing (A) the Specified Dollar Amount applicable to such conversion by (B) forty (40).