Encumbered Cash definition

Encumbered Cash means all of the cash and securities encumbered by a restraining order issued by the District Court in the Criminal Case.

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Encumbered Cash means cash and Cash Equivalents, if any, that have been pledged as collateral to Comerica Bank under the Comerica Control Agreement.

Encumbered Cash means (a) any Cash (i) in which either the ABL Lenders or the Term Lenders have a valid, perfected security interest and (ii) which secures an Allowed ABL Claim or an Allowed Term Loan Claim, as applicable, and (b) the proceeds of any non- Cash collateral of the ABL Lenders or the Term Lenders, as applicable.

Examples of Encumbered Cash in a sentence

The terms of the DIP Facility, the DIP Documents, and the terms on which the Debtors may continue to use the Prepetition Collateral (including the terms on which the Debtors used up to $120,000,000 of Encumbered Cash in the Specified Encumbered Accounts prior to the Satisfaction of Replenishment Obligations), in each case, pursuant to the DIP Documents are fair and reasonable, reflect the Debtors’ exercise of prudent business judgment consistent with their fiduciary duties.
Upon the Debtors’ incurrence of Alternative DIP Financing, all outstanding DIP Obligations (excluding any DIP Obligations in respect of outstanding Roll-Up DIP Loans in excess of an aggregate principal amount of $400,000,000 of Roll-Up DIP Loans, which excess amount is not required to be repaid in connection therewith) shall be repaid in full from the proceeds of such Alternative DIP Financing or, at the Debtors’ option, the Encumbered Cash plus proceeds of such Alternative DIP Financing.
Based on the representations of the Debtors and the evidence presented at the Hearings, the terms of this Final Order, including the Adequate Protection Obligations and the use of the Prepetition Collateral (including the terms on which the Debtors used up to $120,000,000 of Encumbered Cash in the Specified Encumbered Accounts prior to the Satisfaction of Replenishment Obligations), have been negotiated in good faith and at arm’s length between the Debtors, the DIP Secured Parties, and the Secured Parties.
Following the Replenishment of Encumbered Cash, any Credit Party shall use any Encumbered Cash, except (i) an inadvertent use of Encumbered Cash or Encumbered Cash used by mistake so long as such inadvertent use or mistake is cured within five (5) days or (ii) as may be agreed in writing by the Required DIP Lenders.
As of the Satisfaction of Replenishment Obligations, the Debtors are not authorized to use, and shall not use, cash, funds, investments, or securities from the Specified Encumbered Accounts or any other Encumbered Cash in any other Encumbered Accounts (including any amounts on account of the Satisfaction of Replenishment Obligations) without the consent of the Required DIP Lenders (other than to fund the Carve Out Reserves to the extent provided herein).

More Definitions of Encumbered Cash

Encumbered Cash means (1) cash and Cash Equivalents, if any, that have been pledged as collateral to Comerica Bank under the Comerica Control Agreement and (2) cash and Cash Equivalents that have been pledged as collateral to PNC Bank under the PNC Control Agreement.

Encumbered Cash means all First Lien Encumbered Cash and Second Lien Encumbered Cash.

Encumbered Cash means, collectively, (i) the cash, funds, investments, and securities in the Encumbered Accounts as of the Petition Date in aggregate amount equal to $302,610,533, (ii) the Straddle Credit Card Receipts, and (iii) for the avoidance of doubt, any amounts received post-petition in solely the Encumbered Accounts set forth in clause (iii) of the definition thereof.

Encumbered Cash has the meaning set forth in paragraph ‎G‎‎G‎(iii) of this Final Order.

Encumbered Cash means any Cash held in the Prepetition Credit Parties Reserves.

Encumbered Cash means Cash that cannot be dividended or otherwise distributed by an Acquired Entity due to Applicable Legal Requirements or that is subject to Tax (including withholding or other similar Tax) or any other adverse Tax consequences on the Buyer Group (including, in the case of any Acquired Entity that is owned directly or indirectly by any other Acquired Entity, any such Applicable Legal Requirements, Tax or other adverse Tax consequences resulting from distributions or dividends by such other Acquired Entity).

Encumbered Cash means any Cash (a) in which AG has a valid, perfected security interest and (b) which secures an Allowed AG Claim.