Extraordinary Amount definition
Extraordinary Amount means any cash received by or paid to or for the account of Allied, the Borrower or the Subsidiaries consisting of tax refunds, pension plan reversions, proceeds of insurance, including as a result of a Casualty Event, condemnation awards, including as a result of a Condemnation Event (and payments in lieu thereof), indemnity payments and payments in respect of judgments (including punitive damages); provided, however, that an Extraordinary Amount shall not include (a) cash receipts received from proceeds of insurance, condemnation awards (or payments in lieu thereof), indemnity payments or payments in respect of judgments or settlements to the extent that such proceeds, awards or payments in respect of loss or damage to equipment, fixed assets or real property are applied to replace or repair such equipment, fixed assets or real property or to acquire other assets in the business of the Borrower and any of its subsidiaries to the extent such replacement, repair or acquisition is not prohibited under the terms of the Loan Documents, so long as such application is commenced within 180 days after the later of the occurrence of such loss or damage and the receipt of such proceeds, awards or payments in respect thereof, (b) cash receipts received in the ordinary course of business or (c) cash receipts received as a result of a tax refund relating to a tax period prior to the Acquisition that are refunded to Laid▇▇▇ ▇▇▇suant to the terms of the Stock Purchase Agreement.
Extraordinary Amount means any cash or other amounts or receipts received by, on behalf of or on account of the Borrower or, to the extent received in connection with any claims initiated on behalf of the Borrower or the Project, any Borrower Entity, not in the Ordinary Course of Business, including: (a) indemnification payments; (b) any cash or other receipts in the nature of indemnification payments under or in respect of any acquisition documentation or any related documentation; and (c) any judgment or settlement proceeds, or other consideration of any kind received in connection with any cause of action or proceeding, in each case, minus any Taxes paid or payable and arising in connection therewith; provided, that, for the avoidance of doubt, Extraordinary Amounts shall not include Loss Proceeds or Liquidated Damages.
Extraordinary Amount means any cash received by or paid to or for the account of Allied, the Borrower or the Subsidiaries consisting of tax refunds, pension plan reversions, proceeds of insurance, including as a result of a Casualty Event, condemnation awards, including as a result of a Condemnation Event (and payments in lieu thereof), indemnity payments and payments in respect of judgments (including punitive damages); provided, however, that an Extraordinary Amount shall not include (a) cash receipts received from proceeds of insurance, condemnation awards (or payments in lieu thereof), indemnity payments or payments in respect of judgments or settlements to the extent that such proceeds, awards or payments in respect of loss or damage to equipment, fixed assets or real property are applied to replace or repair such equipment, fixed assets or real property or to acquire other assets in the business of the Borrower and any of its subsidiaries to the extent such replacement, repair or acquisition is not prohibited under the terms of the Loan Documents, so long as (i) such application is commenced within 180 days after the later of the occurrence of such loss or damage and the receipt of such proceeds, awards or payments in respect thereof or (ii) there is a binding agreement in effect as of the end of such 180 day period committing Allied, the Borrower or any such Subsidiary, 17 12 as applicable, to complete such application within a reasonable time after the date of such agreement, (b) cash receipts received in the ordinary course of business or (c) cash receipts received as a result of a tax refund relating to a tax period prior to December 30, 1996 that are refunded to Laid▇▇▇ ▇▇▇suant to the terms of the Stock Purchase Agreement.
Examples of Extraordinary Amount in a sentence
Notwithstanding anything to the contrary herein, for purposes of determining the Special Hazard Amount, the Fraud Loss Amount, the Bankruptcy Amount and the Extraordinary Amount as of any date of determination, Special Hazard Losses, Fraud Losses, Bankruptcy Losses and Extraordinary Losses paid from Net Monthly Excess Cashflow which would otherwise have been payable to the holders of the Class B Certificates shall be deemed to have been allocated to the Class B Certificates.
Notwithstanding anything to the contrary herein, for purposes of determining the Special Hazard Amount, the Fraud Loss Amount, the Bankruptcy Amount and the Extraordinary Amount as of any date of determination, Special Hazard Losses, Fraud Losses, Bankruptcy Losses and Extraordinary Losses paid from Net Monthly Excess Cashflow which would otherwise have been payable to the holders of the Residual Certificates shall be deemed to have been allocated to the Residual Certificates.
Notwithstanding anything to the contrary herein, for purposes of determining the Special Hazard Amount, the Fraud Loss Amount, the Bankruptcy Amount and the Extraordinary Amount as of any date of determination, Special Hazard Losses, Fraud Losses, Bankruptcy Losses and Extraordinary Losses paid from Net Monthly Excess Cashflow which would otherwise have been payable to the holders of the Class CE Certificates shall be deemed to have been allocated to the Class CE Certificates.
More Definitions of Extraordinary Amount
Extraordinary Amount means any cash or other amounts or receipts received by, or paid to, on behalf of or on account of the Borrower or, to the extent received in connection with the Project, any Borrower Entity or any of its Subsidiaries, not in the Ordinary Course of Business (and not consisting of proceeds and other amounts required to be applied as a mandatory prepayment under Section 3.05(c)(i)(B) (Mandatory Prepayments), Section 3.05(c)(i)(C) (Mandatory Prepayments), Section 3.05(c)(i)(D) (Mandatory Prepayments), Section 3.05(c)(i)(E) (Mandatory Prepayments), Section 3.05(c)(i)(F) (Mandatory Prepayments), Section 3.05(c)(i)(K) (Mandatory Prepayments) and Section 3.05(c)(vi) (Mandatory Prepayments)), including: (a) indemnification payments; (b) any cash or other receipts in the nature of indemnification payments under or in respect of any acquisition documentation or any related documentation; (c) any judgment or settlement proceeds, or other consideration of any kind received in connection with any cause of action or proceeding or any legal or equitable claim after payment of all out of pocket fees and expenses actually paid or payable by any Borrower Entity or any of its Subsidiaries in connection with such judgments, settlements, or other proceedings resolution; (d) pension plan reversions; (e) any purchase price adjustment received in connection with any purchase agreement (excluding, however, any working capital adjustments made pursuant to such purchase agreement), and (f) cash received by or paid to or for the account of any Borrower Entity or any of its Subsidiaries in respect of cash receipts with respect to indemnity payments, payments from escrowed amounts, litigation proceeds, and other extraordinary receipts; provided that cash received in the form of a grant extended by a Governmental Authority or proceeds received from any issuance of Equity Interests in connection with any transaction permitted by Section 9.23 (Certain Payments) shall not constitute “Extraordinary Amount”.
Extraordinary Amount means any cash or other amounts or receipts any Qualifying Project received by, on behalf of or on account of the Borrower or, to the extent received in connection with any Qualifying Project, any Borrower Entity, not in the Ordinary Course of Business, including: (a) indemnification payments; (b) any cash or other receipts in the nature of indemnification payments under or in respect of any acquisition documentation or any related documentation; and (c) any judgment or settlement proceeds, or other consideration of any kind received in connection with any cause of action or proceeding.
Extraordinary Amount means any cash or other amounts or receipts received by, on behalf of or on account of the Borrower or, to the extent received in connection with the Project, any Borrower Entity, not in the Ordinary Course of Business, including (a) indemnification payments; (b) any cash or other receipts in the nature of indemnification payments under or in respect of any acquisition documentation or any related documentation; and (c) any judgment or settlement proceeds, or other consideration of any kind received in connection with any cause of action or proceeding, other than, in each case, cash or other amounts or receipts received in connection with the proceedings set forth on Schedule 6.08. To the extent any such cash, amounts or receipts are received by any other Borrower Entity in connection with the Project, the Borrower shall cause such cash, amounts or receipts to be transmitted to the Borrower and applied as Extraordinary Amounts hereunder.