Exit Costs. (as defined in the Approved Reorganization Plan), subject to an amount of cash (which amount shall be determined in accordance with terms set forth in the draft Plan of Reorganization attached (on the date of execution thereof) to the Investment and Purchase Agreement dated as of December 2, 2003 between DHC and Company) to be retained in the domestic Cash Management System by Company and its Subsidiaries (collectively, such Cash On Hand, net of such transferred amount, such payments and reimbursements, such retained amount and such reserves, is referred to herein as "DISTRIBUTABLE CASH"), shall have been distributed as follows: first, to the extent of the first $60,000,000 of such Distributable Cash, for the benefit of the holders of Prepetition Secured Claims that are Lenders on the Closing Date, on account of their allowed pre-petition exposure, in accordance with the Approved Plan of Reorganization, second, to the extent of the next $7,200,000 of such Distributable Cash, for the benefit of those holders of Prepetition Secured Claims that are not Lenders on the Closing Date, on account of any remaining allowed pre-Petition Date exposure, in accordance with the Approved Plan of Reorganization, and third, to the extent of 25% of any remaining Distributable Cash, to Company (the amount of Distributable Cash so distributed to Company being referred to herein as the "CLOSING DATE RETAINED AMOUNT"), and to the extent of the remaining 75%, for the benefit of the holders of Prepetition Secured Claims, on account of any remaining allowed pre-Petition Date exposure, in accordance with the Approved Plan of Reorganization. U. NOL AVAILABILITY. Company, its independent advisers, Agents and Agents' counsel shall have determined to their respective sole satisfaction that the net operating losses disclosed to Agents and Lenders prior to the Closing Date as being held by DHC are available and accessible to Company and its Subsidiaries.
Exit Costs means any costs payable by us in accordance with the provisions of Clause 26.7;
Exit Costs shall have the meaning set forth in Section 4.1(b).
Examples of Exit Costs in a sentence
In the event that we do terminate the Contract in accordance with the provisions of this clause we shall pay your reasonable Exit Costs in accordance with and subject to the provisions of Clause 26.7 below.
You shall be required to take all reasonable steps to mitigate such Exit Costs and where you hold insurance, you shall reduce the unavoidable costs by any insurance sums available.
Any Exit Costs paid to you in accordance with this Clause shall be in full and final settlement of any claim, demand and/or proceedings you make in relation to any termination by us pursuant to clause 25.3, and you shall be excluded from all other rights and/or remedies that you would otherwise have been entitled to in respect of any such termination.
PositionSalary, Allowances and Exit Costs Expenses RemunerationEmp.
Table 6: Sunk Entry and Exit Costs in Probability Terms CEE Sources: midi 1996 to 2001, 3,392 pooled observations of manufacturing MNEs and their majority- owned foreign manufacturing affiliates with two-year selection lags.
More Definitions of Exit Costs
Exit Costs means, with respect to a Joint Product, the reasonable and direct costs incurred by a Party and its Affiliates in connection with the significant reduction of Commercialization resources or Manufacturing resources of such Party and its Affiliates as a result of the cessation of, or a significant reduction in, Commercialization or Manufacturing activities with respect to such Joint Product for a Profit Share Region in accordance with the terms of this Agreement, including termination costs with respect to Sales Representatives; provided that (a) such Commercialization resources and Manufacturing resources were acquired or established by such Party or its Affiliates consistently with the applicable Commercialization Plan and Manufacturing Plan, respectively, and (b) such Party uses commercially reasonable efforts to minimize such costs.
Exit Costs means the Supplier’s unavoidable costs incurred in the event that the Authority terminates the Agreement in accordance with Clause 69;
Exit Costs means the Cash costs for consummation of this Heber Reorganization Plan, to be either paid or reserved on or shortly after the Effective Date pursuant to the terms hereof, including without limitation, (i) all amounts required with respect to Distributions to holders of Allowed Administrative Expense Claims and funding of reserves with respect to Disputed Claims, (ii) payment of all costs and expenses associated with the transactions contemplated hereunder, (iii) Cure Amounts and (iv) establishment of tax reserves with respect to the sale of the Geothermal Business, all of which costs shall be estimated and set forth on a schedule to be filed with the Court no later than five (5) days prior to the Confirmation Hearing.
Exit Costs shall have the meaning set forth in the Plan.
Exit Costs means the costs and expenses of emerging from the Chapter 11 Cases pursuant to the Plan, including, without limitation, accrued but unpaid professional fees, estimated additional professional fees (including transaction, success and similar fees), unpaid 503(b)(9) claims, contract and lease cure costs, and other accrued but unpaid administrative expenses.
Exit Costs means as of the Effective Date the aggregate of all (i) Administrative Claims, cure costs for all Accepted Contracts, and Priority Tax Claims (including, without limitation, any of the foregoing which may relate to the Canadian Restructuring) and (ii) other costs incurred in connection with the Restructuring (including without limitation any and all Tax liabilities with respect thereto, but shall exclude Taxes resulting from application of Section 956 of the Code); provided however, that (A) trade payables (other than professional fees incurred in connection with the Bankruptcy Plan or the Restructuring), (B) payroll (other than retention payments) and (C) accrued insurance expenses, shall each be excluded from both clauses (i) and (ii) above to the extent such costs are incurred in the ordinary course of business and are not yet due and payable.