Cash Flow Shortfall definition
Examples of Cash Flow Shortfall in a sentence
To the extent that payments under this Agreement to the Executive in a single fiscal year would exceed the Cash Flow Ceiling (“Cash Flow Shortfall”), the Company shall pay the Cash Flow Permitted Amount to the Executive and shall pay the Cash Flow Shortfall (in whole or in part) as rapidly as permitted by the terms of this Section 4.1. The obligation to pay the Cash Flow Shortfall shall constitute subordinated debt of the Company until paid.
To the extent that the ECF Optional Prepayments for such fiscal year are less than the ECF Percentage of Gross Excess Cash Flow for such fiscal year (such difference, the “Excess Cash Flow Shortfall”), subject to the proviso of the first sentence of this Section 2.10(g), the Borrower shall be required only to prepay an amount equal to such Excess Cash Flow Shortfall in respect of such fiscal year pursuant to this Section 2.10(g).
Subject to the provisions of this Article 3, a Call Notice shall be deemed approved by the Shareholders unless either Shareholder has, within fifteen (15) days after delivery of the Call Notice, delivered to Dow Corning a written objection by notice to all Parties that a Cash Flow Shortfall does not exist and/or that the Call Notice does not comply with the requirements for Call Notices set forth in Section 3.03.
In the event that a Cash Flow Shortfall exists, Dow Corning shall be entitled to call upon the Shareholders to lend funds to Dow Corning under the Credit Facility subject to the terms of this Article 3.
To the extent that the ECF Optional Prepayments for such fiscal year are less than the ECF Percentage of Gross Excess Cash Flow for such fiscal year (such difference, the “Excess Cash Flow Shortfall”), subject to the proviso of the first sentence of this Section 2.10(f), the Borrower shall be required only to prepay an amount equal to such Excess Cash Flow Shortfall in respect of such fiscal year pursuant to this Section 2.10(f).
If, for the period from the Effective Date to December 31, 2018 (the “Interim Testing Period”), there is a Cash Flow Shortfall (as defined below), Guarantor shall, on or before forty-five (45) days following the end of the Interim Testing Period, promptly deposit, into a blocked interest bearing account (the “Blocked Account”) in the name of Guarantor subject to an account control agreement with the Agent, cash collateral securing this Obligation Guaranty in the amount of such Cash Flow Shortfall.
Following the Conversion Date, interest accruing during Borrower's twelve month interest-only period shall be payable by Borrower first from Operating Cash Flow, and thereafter from any remaining amounts in the such Borrower's Allocated Interest Reserve Amount, to the extent such Borrower has experienced an Available Operating Cash Flow Shortfall.
The Consent Payment Units, Plan Additional Units and Cash Flow Shortfall Units will represent a percentage of the New Units on a Fully Diluted Basis equal to the aggregate amount of such cash payments divided by the Equity Value.
If, for the period from the Effective Date to the second anniversary of the Effective Date (the “Final Testing Period”), there is a Cash Flow Shortfall, Guarantor shall, on or before forty-five (45) days following the end of the Final Testing Period, make a cash capital contribution to the Borrower in at least the amount of such Cash Flow Shortfall.
The Acquisition Consideration Adjustment equals: (i) Seventeen Million Dollars ($14,000,000); minus (ii) Cumulative Gross Revenue, minus the Cash Flow Shortfall Adjustment, if any, and (iii) multiplying the result by thirty five percent (35%).