Excess Disposition Proceeds definition

Excess Disposition Proceeds has the meaning assigned to such term in Section 2.09(b)(i).

Excess Disposition Proceeds has the meaning assigned to such term in sub-clause (y) of Section 2.10(b)(ii).

Excess Disposition Proceeds means, during any rolling twelve month period, the Borrower's net cash proceeds, including insurance or condemnation proceeds, from the sale or other disposition or loss of assets (other than the sale of Inventory in the ordinary course of business or the casualty loss of Inventory), which is not used by the Borrower for the replacement of the assets sold, disposed of or lost or not used for the acquisition of other assets with similar business utility, in excess of $100,000 in the aggregate during said period.

Examples of Excess Disposition Proceeds in a sentence

• The parties hereby agree and acknowledge that payment of the Primary Pay-Off Amount is not contingent, shall be payable in full on the Pay-Off Date and shall not be calculated by determining the lesser of (A) the Primary Excess Disposition Proceeds (as defined in the Note) plus the Secondary Pay-Off Amount and (B) the Maximum Amount (as defined in the Note).

• In the event that, at any time prior to the first anniversary of the Closing, there is any Disposition (as defined below in this Section) or any agreement or arrangement for the making of a Disposition, Buyer shall pay to Seller fifty percent (50%) of the Excess Disposition Proceeds (as defined below in this Section) of the Disposition.

• Within 20 Business Days after the ------------------------ termination (by payment or expiration) of all indemnity obligations with respect to a particular Disposition, the Company shall deliver to the Trustee (i) an Officer's Certificate identifying the amount of any Final Excess Disposition Proceeds Deposit Adjustment with respect to such Disposition (if applicable), and (ii) an Accountants' Certificate.

More Definitions of Excess Disposition Proceeds

Excess Disposition Proceeds with respect to any fiscal year, the amount (if positive) equal to the amount of Net Cash Proceeds received by the Borrower and/or any of its Subsidiaries during such fiscal year minus $3,750,000.

Excess Disposition Proceeds means, during any period of determination, net cash proceeds (after the payment of brokerage commissions and other out-of-pocket expenses incurred in connection with such disposition and after provision for sales or transfer taxes and taxes on any gain realized as a result of such disposition) from (i) the sale of assets (except for the sale of Inventory in the ordinary course of business and except for the disposition of obsolete or worn out Equipment in the ordinary course of business) and (ii) the condemnation, damage or destruction (including insurance proceeds) of fixed assets; provided, any such net cash proceeds that are applied pursuant to section 7.18.2 shall not be “Excess Disposition Proceeds”.

Excess Disposition Proceeds means and include the amount by which (a) the total sale price or other consideration received by Buyer in respect of the Disposition (without reduction for brokerage commissions, attorneys’ fees or other amounts) exceeds (b) the Purchase Price herein stated. In the event of any Disposition of less than the entirety of the Property and the interests there, the amount of the Excess Disposition Proceeds shall be determined on an equitable, proportionate basis. For any Disposition of a portion of the Property, such proportionate basis shall be established by reference to the building area included within the portion of the Property involved in the Disposition, and for any Disposition of a partial ownership interest in all or a portion of the Property, such proportionate basis shall be determined by reference to the percentage interest transferred. The provisions of this Section shall apply in respect of any and all Dispositions made as provided above, whether by Buyer or any successor or assign of Buyer, or by an owner or successor or assign of any direct or indirect ownership interest of an entity having an interest in the Property. Buyer shall, upon Seller’s request made either in connection with (and as a condition to) Closing or at any time thereafter, execute, acknowledge and deliver for recordation an instrument sufficient to give record notice of the rights of Seller set forth in this Section. The provisions of this Section shall survive Closing.

Excess Disposition Proceeds has the meaning assigned to such term in Section

Excess Disposition Proceeds means any Net Disposition Proceeds not applied or invested as provided in Section 4.10(b) hereof.

Excess Disposition Proceeds has the meaning assigned to such term in 83.

Excess Disposition Proceeds has the meaning given in Section 2.3.2 .