Catch-Up Payments definition

Catch-Up Payments has the meaning specified in the definition of “Consolidated Interest Expense”.

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Catch-Up Payments with respect to any issue of Specified Holdings Securities, the payment in cash of all or any portion of the accrued and unpaid interest (including, if necessary, capitalized interest and pay-in-kind interest) and original issue discount on such Specified Holdings Securities (with such accrued and unpaid interest and original issue discount calculated to the end of the first accrual period following the fifth anniversary of the date of issue thereof) in excess of the Maximum Accrual with respect thereto, if such a payment is required or permitted to be made pursuant to the terms of such Specified Holdings Securities which amount shall not be less than the minimum amount necessary to ensure that such Specified Holdings Securities are not issued with “significant original issue discount” with the meaning of Section 163(i)(2) of the Code.

Catch-Up Payments means, if applicable, the “Catch-Up Payments,” as such term is defined in any Subordination Agreement.

Examples of Catch-Up Payments in a sentence

• If the full Distribution Catch-Up Payments cannot be timely made in accordance with the immediately preceding sentence, no Distribution will be made pursuant to Section 4.01(b) or Section 4.02 until all Distribution Catch-Up Payments are made.

• The “Net Tax Benefit” for a Taxable Year shall be an amount equal to the excess, if any, of (i) 85% of the Cumulative Net Realized Tax Benefit as of the end of such Taxable Year over (ii) the total amount of Catch-Up Payments and Regular Payments previously made under this Section 3.1 (excluding the portion of any such payments attributable to Interest Amounts); provided, for the avoidance of doubt, that no Member shall be required to return any portion of any previously made Tax Benefit Payment.

• Celgene will make any Distinct Product Catch-Up Payments within [***] days after such Distinct Product receives Regulatory Approval in the United States; provided, however, that, Milestone 4 above shall instead only be payable [***] days after such Distinct Product receives Regulatory Approval in the European Union.

• For the avoidance of doubt, the Distribution Catch-Up Payments shall not include any Tax Distributions.

• Celgene will make any Distinct Product Catch-Up Payments within [***] days after such Distinct Product receives Regulatory Approval in the United States.

• At the end of each “accrual period” (as defined in Section 1272(a)(5) of the Code) ending after the fifth anniversary of the Issue Date (each, an “AHYDO redemption date”) the Company will be required to pay or cause to be paid any AHYDO Catch-Up Payments.

• The parties acknowledge and agree that the Catch-Up Payments required by the Fifth Amendment were not, and will not be payable, after December 15, 2021.

• Any adjustments to the Purchase Price Allocation by virtue of the finalization of the purchase price in connection with any Earn-Out Payments or Catch-Up Payments hereunder shall be made using a methodology consistent with the procedures set forth in this Section 5.11.

• The aggregate consideration for the Acquired Assets and the Purchased Interests shall be the Buyer Parent Shares, the CFC IPA Cash Purchase Price, the Second Closing Purchase Price and to the extent earned, the CFC IPA Deferred Payments including all Catch-Up Payments which are paid (collectively, the “Purchase Price”).

• For the avoidance of doubt, the Distribution Catch-Up Payments shall not include any Tax Distributions that were made prior to the Vesting of such Unvested Earn Out Units.

More Definitions of Catch-Up Payments

Catch-Up Payments with respect to any fiscal quarter of the Parent Borrower during which an investor makes a capital commitment to a Colony Fund (other than any such capital commitments made at the “first closing” with respect to such Colony Fund), any Fee-Related Earnings of any asset manager subsidiary of the Parent Borrower payable, directly or indirectly, by such investor in respect of the period from the “first closing” until the first date of such fiscal quarter.

Catch-Up Payments means the payments required pursuant to Section 2.02(c) of the Revenue Interest Financing Agreement, provided that the aggregate amount of all Catch-Up Payments and Revenue Interest Payments shall not exceed the Hard Cap.

Catch-Up Payments means, with respect to any Person for any period, cash payments made during such period by such Person in respect of accrued interest on any PIK Option Indebtedness of such Person to the extent such cash payments are required by the terms of such Indebtedness to be made before the close of any “accrual period” (as defined in Treasury Regulation Section 1.1272-1(b)(1)(ii)) ending after five years from the date of original issuance or incurrence of such PIK-Option Indebtedness.

Catch-Up Payments means the payments described in Schedule A attached hereto.

Catch-Up Payments means, with respect to each holder of an Allowed General Unsecured Claim, the difference, as of the date calculated, between (i) the distributions that would have been made to such holder if all Disputed Claims in Class 4 that have been resolved as of such calculation date had been resolved on the Effective Date in the amount for which such Disputed Claims have been resolved and (ii) the aggregate amount of the distributions previously made to such holder.