Excess Cash Proceeds definition

Excess Cash Proceeds shall have the meaning provided in Section 11.4(b).

Excess Cash Proceeds means Net Cash Proceeds from Permitted Real Estate Sales minus the cumulative amount of Adjusted Incurred Real Estate Costs incurred from October 2, 2004 through the last day of the fiscal quarter in which any such Permitted Real Estate Sale was consummated. For purposes of clarification, “Excess Cash Proceeds” will be determined on a quarterly basis beginning with the fiscal quarter ending October 29, 2004.

Excess Cash Proceeds has the meaning assigned to such term in Section 9.12(h).

Examples of Excess Cash Proceeds in a sentence

• The prepayment of the Notes shall be made on the Proposed Asset Sale Prepayment Date; provided further that if any of the Excess Cash Proceeds that are applicable to the prepayment of the Notes are not so applied due to any rejections of such prepayment pursuant to Section 8.3(c), such Excess Cash Proceeds shall be applied to the term loans under the New Credit Facility.

• This Special Deemed Capital Account (i) shall be separate and distinct from and shall not be considered part of the Capital Account of Telco; and (ii) shall not be increased or decreased and shall not be payable to Telco except in connection with an Excess Cash Proceeds Event and except in the manner set forth in Subsections B and C of this Section 3.5.

• As more fully set forth in the Indenture, under certain circumstances the Company is required to redeem Securities with Excess Cash Proceeds at a Redemption Price equal to 100% of the aggregate principal amount of the Securities so redeemed.

• If the aggregate Accreted Principal Amount of Notes tendered into such Excess Cash Flow Offer exceeds the amount of Excess Cash Proceeds, the Notes shall be purchased on a pro rata basis, based upon the respective share of the outstanding Notes held by the Holders thereof.

• All Excess Cash Proceeds arising out of an Excess Cash Proceeds Event, which does not cause or is not in connection with the dissolution, or termination of the Partnership, shall be distributed to the Partners within ninety (90) days after the receipt thereof.

More Definitions of Excess Cash Proceeds

Excess Cash Proceeds. “Excluded Asset Sales,” “Issuing Bank,” “Net Cash Proceeds,” “Permitted Real Estate Sales,” “Sustaining Capital Expenditures,” “Term Loan” and “Term Notes” are hereby deleted in their entirety and the following new definitions substituted therefor:

Excess Cash Proceeds. , "Final True Up Event", "Financing Agreements", Principal Benefited Obligations", and "Scheduled Sales" are replaced, respectively, in their entirety with the following: Collateral Document means each of the documents referred to on Schedule II and any other document or instrument pursuant to which any Debtor grants to the Collateral Agent or any Benefited Party a Lien on any property to secure any of the Benefited Obligations, and as each may be amended from time to time in accordance with its terms. Credit Agreement Commitment means, initially, the $200,000,000 Commitment under the Credit Agreement, and as reduced thereafter by the application of Interim Proceeds distributed to the Lenders, and as voluntarily reduced by the Company from time to time, and as reduced by the Company pursuant to Section 2.4.2(a) of the Credit Agreement.

Excess Cash Proceeds means for any fiscal year, commencing with the fiscal year ended on or about December 31, 2002 (or for any other period for which "Excess Cash Flow" (as defined in the Financing Agreements) gives rise to a prepayment obligation under the Financing Agreements), an amount equal to "Excess Cash Flow" (to the extent required to be applied to such payments) with respect to such fiscal year (or such applicable period) as determined pursuant to the Financing Agreements. Final True Up Event means (a) the commencement of a Bankruptcy Proceeding with respect to the Company; (b) the repayment in full of all Principal Benefited Obligations of (i) the Lenders in conjunction with a termination or a reduction to zero of the Credit Agreement Commitment, (ii) the Shelf Noteholders, or (iii) the Senior Noteholders; (c) the refinancing of the Credit Agreement Obligations or the Senior Note Obligations or the Shelf Obligations; (d) the Credit Agreement Commitment is no longer available to the Company or has been terminated; or (e) the acceleration of the Credit Agreement Obligations, the Senior Note Obligations or the Shelf Obligations has occurred.

Excess Cash Proceeds. This term shall mean (i) with respect to any financing or refinancing (other than the BNE Financing or the TIAA Financing) affecting the Premises (or any portion thereof), the net amount of cash realized by the Partnership; and (ii) with respect to insurance proceeds from loss, to condemnation proceeds, and to proceeds from the Transfer of Partnership assets, the amount by which such proceeds exceed reserves for known liabilities incurred, and contingent liabilities arising out of the transaction giving rise to such proceeds, as reasonably determined by the General Partners, except that if the General Partners reasonably determine that any such reserve is no longer necessary, then such reserve shall be deemed Excess Cash Proceeds and shall be distributed as if included in Excess Cash Proceeds initially. "EXCESS CASH PROCEEDS EVENT" means an event of the type described in (i) or (ii) above, whether or not Excess Cash Proceeds are generated therefrom.

Excess Cash Proceeds means for any fiscal year, commencing with the fiscal year ended on or about December 31, 2002 (or for any other period for which "Excess Cash Flow" (as defined in the Financing Agreements) gives rise to a prepayment obligation under the Financing Agreements), an amount equal to "Excess Cash Flow" with respect to such fiscal year (or such applicable period) as determined pursuant to the Financing Agreements (as in effect on the date hereof). Final Principal Obligations - see Section 5.

Excess Cash Proceeds means all Available Cash Proceeds generated by Asset Sales that are not Primary Cash Proceeds. Exemption Agreement - see Section 7.6(b). Exemption Representation - see Section 7.6(c). Existing Agreement - see the recitals.

Excess Cash Proceeds as used above shall mean the Operating Borrower’s aggregate cash proceeds received during any two (2) week period noted less the Operating Borrowers’ aggregate expenses reflected on the Budget and actually paid during such period.