Financing Shortfall definition

Financing Shortfall is defined in Section 4.3.1.
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Financing Shortfall means (i) the difference between cash Capital Expenditures and other cash disbursements made in connection with any Permitted 1110 Acquisition and any Permitted Aircraft Acquisition and the amount refinanced pursuant to a Permitted Aircraft Financing (including any shortfall in connection with the transactions described in the Existing 1110 Repurchase Documents) which Permitted Aircraft Financing shall have occurred by the earliest of (x) ninety (90) days from the execution of any letter of intent or similar commitment to purchase such Acquired 1110 Asset or Acquired Aircraft Asset, (y) forty-five (45) days from the closing of the Permitted 1110 Acquisition or Permitted Aircraft Acquisition relating to such Acquired 1110 Asset or Acquired Aircraft Asset and (z) December 30, 2005 (it being understood that no deadline for refinancing set forth in the preceding clauses (x), (y) or (z) may be extended beyond December 30, 2005 by application of Section 7.01(d)) and (ii) in connection with any refinancing or replacement of a financing arrangement secured directly or indirectly by "equipment" described in Section 1110(a)(3) of the Bankruptcy Code in connection with which the Borrower at no time obtains title to such equipment, cash Capital Expenditures or other cash disbursements by the Borrower in connection with such refinancing or replacement.
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Financing Shortfall has the meaning set forth in Section 7.11(f)(i).
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Examples of Financing Shortfall in a sentence

  • The calculation necessary to determine whether a Financing Shortfall has occurred and the Financing Shortfall Amount shall be made with reference to the respective line items in the most recent Company financial statements and any expenditures through such time of determination that will be included as such items in future financial statements.

  • If a Member elects to fund its pro rata portion of the Financing Shortfall Amount (it being agreed that no Member shall be required to provide such financing), the Company shall issue to such Funding Member a non-convertible note in the amount of such Member’s pro rata funding of the Financing Shortfall Amount in the form attached hereto as Exhibit E-1 (a “Non-Convertible Note”).

  • If a Financing Shortfall occurs, the Company shall (a) determine whether it has funds available to pay for such excess amount (the amount by which the Company determines its funds are insufficient to pay the excess being the “Financing Shortfall Amount”) and (b) shall promptly notify the Members of the occurrence of the Financing Shortfall and the Financing Shortfall Amount (if any).

  • The parties hereto acknowledge and agree that Electriq Power shall be entitled to seek specifically and enforce the Investor’s obligations to fund the Total Financing Shortfall in accordance with the terms and subject to the conditions set forth in this Agreement.

  • Subject to the limitations hereinafter set forth in this Section, each Member shall contribute from time to time its Profit Percentage of anticipated Negative Cash Flow and any "Financing Shortfall" (as defined below).

  • Financing Shortfall Note be extended without the consent of the principal holding the Financing Shortfall Note.

  • It being understood that all amounts expended in connection with the purchase of the A, B and C tranches of indebtedness outstanding under the EETC Facility and the refinancing of such purchase shall not be included in the calculation of Retained Acquisition Amount, Financing Shortfall or Forfeited Acquisition Deposits in the immediately preceding sentence.

  • Company Parent shall at its sole option, (A) return to Parent a number of shares of Parent Common Stock equal to the quotient determined by dividing (i) the Financing Shortfall by (ii) the Parent Stock FMV; provided, however that under no circumstances shall Company Parent be required to return to Parent more than 20,000,000 shares of Parent Common Stock pursuant to this Section 4.14(d) or (B) pay to the Surviving Company an amount in cash equal to the Financing Shortfall.

  • Except as set forth in Section 11(d) and Section 11(k) with respect to the persons specifically referenced therein, and their right to enforce payment of the Total Financing Shortfall in accordance with the terms and subject to the conditions set forth in this Agreement, this Agreement shall not confer any rights or remedies upon any person other than the parties hereto, and their respective successor and assigns.

  • The sale and purchase of the Financing Shortfall Shares, if any, shall occur concurrently with the Closing.


More Definitions of Financing Shortfall

Financing Shortfall means (i) the difference between cash Capital Expenditures and other cash disbursements made in connection with any Permitted 1110 Acquisition and any Permitted Aircraft Acquisition and the amount refinanced pursuant to a Permitted Aircraft Financing (including any shortfall in connection with the transactions described in the Existing 1110 Repurchase Documents) which Permitted Aircraft Financing shall have occurred by the earliest of (x) ninety (90) days from the execution of any letter of intent or similar commitment to purchase such Acquired 1110 Asset or Acquired Aircraft Asset,
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Financing Shortfall means an amount equal to the difference between (i) the aggregate gross proceeds that Parent has received in the Note Offering and (ii) the Financing Minimum Threshold.
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Financing Shortfall. Forfeited Acquisition Deposits", "Gates", "Miscellaneous Airport Leases", "Mortgage Amendment No. 5", "Permitted 1110 Acquisition", "Permitted Aircraft Acquisition", "Permitted Aircraft Financing", "Retained Acquisition Amount", "Section 1110 Total Assets", "Twelfth Amendment", and "Twelfth Amendment Order" in appropriate alphabetical order:
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Financing Shortfall shall be deemed to occur. If a Financing Shortfall occurs, the Company shall (a) determine whether it has funds available to pay for such excess amount (the amount by which the Company determines its funds are insufficient to pay the excess being the “Financing Shortfall Amount”) and (b) shall promptly notify the Members of the occurrence of the Financing Shortfall and the Financing Shortfall Amount (if any). The calculation necessary to determine whether a Financing Shortfall has occurred and the Financing Shortfall Amount shall be made with reference to the respective line items in the most recent Company financial statements and any expenditures through such time of determination that will be included as such items in future financial statements. For purposes of this Section 4.3.1, the amount allocated to Capex for the third fiscal quarter of 2003 shall be increased by the amount that (a) the U.S.$163.1 million allocated to Capex for the second fiscal quarter of 2003 exceeds (b) the amounts of actual Capex expended during the second fiscal quarter of 2003 with respect to the Business, provided that the Company shall promptly provide written notice to each Member demonstrating the calculation thereof.
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Financing Shortfall means the amounts set forth on the Budget as "Financing Shortfall."
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Related to Financing Shortfall

  • Class A-P Collection Shortfall With respect to the Cash Liquidation or REO Disposition of a Discount Mortgage Loan and any Distribution Date, the excess of the amount described in Section 4.02(b)(i)(C)(1) over the amount described in Section 4.02(b)(i)(C)(2).

  • Collateral Shortfall Amount is defined in Section 8.1.

  • Finance Charge Shortfall shall have the meaning specified in Section 4.09.

  • Note Interest Shortfall means, for a Class and a Payment Date, an amount equal to the excess, if any, of the Accrued Note Interest for the prior Payment Date for the Class over the amount of interest that was paid to the Noteholders of that Class on the prior Payment Date, together with interest on the excess amount, to the extent lawful, at the Note Interest Rate for the Class for that Interest Period.

  • Available Funds Shortfall Amount means, as of any Payment Date, the amount, if any, by which the aggregate amount required to be paid pursuant to clauses first through twelfth of Section 4.4(a) of the Sale and Servicing Agreement exceeds the Available Funds for such Payment Date.