Excess Cash Flow Prepayment Amount has the meaning provided in Section 2.13(c)(iv).
Excess Cash Flow Prepayment Amount an amount, measured as of any Excess Cash Flow Determination Date, equal to the ECF Percentage multiplied by Consolidated Excess Cash Flow for the most recently ended fiscal year of the Borrower ending on December 31.
Excess Cash Flow Prepayment Amount with respect to any fiscal year, means an amount equal to the lesser of (a) Net’s Excess Cash Flow for such fiscal year multiplied by the Applicable Percentage with respect to such fiscal year and (b)(i) the cash and Cash Equivalents of Net, the Company and each other Restricted Subsidiaries at December 31 of such fiscal year less (ii) the Minimum Cash Balance with respect to such fiscal year.
Examples of Excess Cash Flow Prepayment Amount in a sentence
On June 15, 2006, and on June 15 of each following year, the Company shall prepay Securities in a principal amount equal to the product of (i) the Prepayment Percentage multiplied by (ii) the Excess Cash Flow Prepayment Amount for the preceding fiscal year, if any.
In no event shall any such Permitted Payment exceed, on an annual basis, $1.5 million plus 20% of the Excess Cash Flow Prepayment Amount as set forth in the Senior Debt Loan Documents and the New Indenture.
Concurrently with any prepayment of the Term Loans pursuant to Sections 2.11(a) through Section 2.11(f), the Borrower shall deliver to the Administrative Agent a certificate of a Responsible Officer of the Borrower demonstrating the calculation of the amount of the applicable Net Cash Proceeds or Excess Cash Flow Prepayment Amount, as the case may be.
Concurrently with any prepayment of the Term Loans pursuant to Sections 2.15(a) through 2.15(d), the Borrower shall deliver to the Administrative Agent a certificate of a Responsible Officer of the Borrower demonstrating the calculation of the amount of the applicable Net Cash Proceeds or Excess Cash Flow Prepayment Amount, as the case may be.
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More Definitions of Excess Cash Flow Prepayment Amount
Excess Cash Flow Prepayment Amount has the meaning provided in Section 5.1(c)(iv).
Excess Cash Flow Prepayment Amount means an amount equal to (i) 50% of Excess Cash Flow for each full fiscal year of the Borrower ending after the Closing Date and for which the Borrower has delivered the annual financial statements required by Section 5.01(a), and computed on a cumulative consolidated basis, less (ii) the amount of all prepayments, redemptions and repurchases of Senior Notes made in reliance on the provisions of Section 6.09(ii)(C)(1); provided that prepayments, redemptions and repurchases made pursuant to Section 6.09(ii)(C) shall be deemed to be made in reliance on Section 6.09(ii)(C)(1) until such amount is utilized in full, and thereafter shall be deemed to be made in reliance on Section 6.09(ii)(C)(2).
Excess Cash Flow Prepayment Amount shall have the meaning provided in section 5.2(f).
Excess Cash Flow Prepayment Amount means, (a) on any Calculation Date if no Control Event exists, all amounts on deposit in the Revenue Accounts on such Calculation Date, minus (i) Debt Service then due and owing and (ii) Excluded Cash Amounts, as determined for such Calculation Date; and (b) on any Calculation Date during the continuance of a Control Event, all amounts on deposit in the Revenue Account and the Control Account on such Calculation Date after giving effect to Section 4.2(f)(i) - (v) of the Collateral Trust Indenture on such Calculation Date, minus Excluded Cash Amounts, as determined for such Calculation Date.
Excess Cash Flow Prepayment Amount means, for any period, (i) 50% of Excess Cash Flow for such period minus (ii) the aggregate principal amount of Term Loans prepaid during such period pursuant to Section 2.09 (exclusive of the portion thereof credited against scheduled amortization in forward order of maturity).
Excess Cash Flow Prepayment Amount means, for any period, (i) 50% of Excess Cash Flow for such period minus (ii) the aggregate principal amount of Term Loans prepaid during such period pursuant to Section 2.09 (exclusive of the portion thereof credited against scheduled amortization in forward order of maturity) and the aggregate principal amount of the Senior Notes prepaid during such period pursuant to Section 5.15(b)(v).
Excess Cash Flow Prepayment Amount has the meaning assigned to such term in Section 2.11(d). “Exchange Act” means the United States Securities Exchange Act of 1934, as amended from time to time. “Excluded Assets” means (a) any fee-owned real property that is not Material Real Property and all leasehold (including ground lease) interests in real property (it being understood there will be no requirement to obtain landlord lien waivers, estoppels and collateral access letters), (b) motor vehicles, airplanes, and other assets subject to certificates of title or ownership to the extent a Lien thereon cannot be perfected by the filing of a UCC financing statement, (c) letter of credit rights (except to the extent constituting supporting obligations (as defined under the UCC) in which a security interest can be perfected with the filing of a UCC-1 financing statement), (d) commercial tort claims with a value (as reasonably determined by the Borrower) of less than $10,000,000 in the aggregate and commercial tort claims for which no complaint or counterclaim has been filed in a court of competent jurisdiction, (e) Equity Interests in any Person (other than any Wholly Owned Restricted Subsidiaries) to the extent (but only for so long as) the pledge thereof to the Administrative Agent is not permitted by the terms of such Person’s organizational or joint venture documents (to the extent such restriction exists on the Closing Date or on the date of acquisition of such Non-Wholly Owned Subsidiary or interest in such joint venture, as applicable and such restrictions were not contemplated in anticipation of the transactions hereunder) or would require the consent of one or more third parties (other than a Loan Party or a Subsidiary thereof) that has not been obtained (in each case, after giving effect to the applicable anti-assignment provisions of the UCC or other Requirements of Law), (f) voting Equity Interests (including, for purposes of this clause (f), any other interest or indebtedness treated as an equity interest for U.S. federal income tax purposes) in excess of 65% of the “total combined voting power of all classes of voting stock” (within the meaning of Treasury Regulations section 1.956- 2) of any Subsidiary that is a CFC or a FSHCO and that is owned directly by a Borrower or Loan Guarantor, (g) the Equity Interests of any Unrestricted Subsidiary, Immaterial Subsidiary (except to the extent perfected by filing a UCC-1 financing statement or such Immaterial Subsidiary is a Loan Guarantor), a...