Excess Additional Amounts definition

Excess Additional Amounts means Additional Amounts in respect of interest received on the Securities at a rate of withholding or deduction in excess of 4.0%.

Excess Additional Amounts has the meaning set forth in Section 3.10 hereof.

Excess Additional Amounts has the meaning assigned to such term in Section 3.05 .

Examples of Excess Additional Amounts in a sentence

• The Company or the Guarantor, as the case may be, will be considered to be obligated to pay such Excess Additional Amounts despite the fact that the Company or the Guarantor, as the case may be, could have, in lieu of withholding from payments of interest and paying Additional Amounts, paid the tax directly to the applicable Peruvian taxing authority.

• The notice of any redemption pursuant to this Section 4.01 will be given at least 30 days but not more than 60 days prior to the earliest date on which the Company would be obligated to pay such Excess Additional Amounts if a payment in respect of the Securities were then due.

• The notice of any redemption pursuant to this Section 4.01 will not be given earlier than 60 days before the earliest date on which the Company would be obligated to pay such Excess Additional Amounts if a payment in respect of the Securities were then due.

• The Redemption Date and the applicable redemption price will be specified in the notice of tax redemption, which will be given in accordance with Section 10.1 of the Indenture; provided that such notice of redemption will not be given earlier than 60 days prior to the earliest date on which the Company would be obligated to pay such Excess Additional Amounts, were a payment in respect of the Notes then due.

More Definitions of Excess Additional Amounts

Excess Additional Amounts has the meaning specified in Section 1108.

Excess Additional Amounts has the meaning set forth in Section 3.10 hereof. “Excess Proceeds” has the meaning set forth in Section 4.10 hereof.

Excess Additional Amounts has the meaning ascribed to that term in the definition of “Tax Event”.

Excess Additional Amounts has the meaning specified in Section 1111(a). “Exchange Act” means the United States Securities Exchange Act of 1934, as amended. “Expiration Date” has the meaning specified in Section 104(g). “Fair Market Value” means, with respect to any asset or property, the price (after taking into account any liabilities relating to such assets) which could be negotiated in an arm’s-length free market transaction, for cash, between an informed and willing seller under no compulsion to sell and an informed and willing buyer under no compulsion to buy. The Fair Market Value of any such asset or property shall be approved by the Board of Directors of the 11 in each case on or prior to 91 days after the Stated Maturity of the Notes; provided, however, that any Capital Stock that would not constitute Disqualified Stock but for provisions thereof giving holders thereof the right to require such Person to repurchase or redeem such Capital Stock upon the occurrence of an “asset sale” or “change of control” occurring prior to 91 days after the Stated Maturity of the Notes shall not constitute Disqualified Stock if the “asset sale” or “change of control” provisions applicable to such Capital Stock are not more favorable to the holders of such Capital Stock than the provisions of this Indenture. “DTC” means The Depository Trust Company. “Electricity Agreement Obligations” means all payment, performance or other obligations of any kind of the Company or any Restricted Subsidiary under or in connection with any electricity, power or energy purchase agreement, interconnection agreement or transmission agreement entered into from time to time by the Company or any of its Restricted Subsidiaries for purposes of satisfying all or part of the obligations of the Company under its Concessions or otherwise in the ordinary course of business. “Eligible Equity Offering” means the issuance and sale for cash of Qualified Stock of the Company to any Person (other than a Restricted Subsidiary) pursuant to (i) a public offering in accordance with U.S. or Brazilian laws, rules and regulations, or (ii) a private offering in accordance with CVM Instruction 476, Section 4(a)(2) of the Securities Act, Rule 144A under the Securities Act, Regulation S under the Securities Act, Regulation D under the Securities Act and/or any other exemption to, or in a transaction not subject to, the registration requirements of the Securities Act. “Energy Hedge Agreement” means, with respect to any Person, any agreem...

Excess Additional Amounts has the meaning specified in Section 1111(a). “Exchange Act” means the United States Securities Exchange Act of 1934, as amended. “Expiration Date” has the meaning specified in Section 104(g). “Fair Market Value” means, with respect to any asset or property, the price (after taking into account any liabilities relating to such assets) which could be negotiated in an arm’s-length free market transaction, for cash, between an informed and willing seller under no compulsion to sell and an informed and willing buyer under no compulsion to buy. The Fair Market Value of any such asset or property shall be approved by the Board of Directors of the 11

Excess Additional Amounts has the meaning given to it in Section 5.06.

Excess Additional Amounts has the meaning specified in Section 10.4 hereof.