Freely Available definition
Examples of Freely Available in a sentence
For avoidance of doubt, any Cash of the Retained Companies and the PLG Subsidiaries that is not Freely Available Cash shall remain with such entities.
Parent and Buyer shall use commercially reasonable efforts to provide that the Freely Available Cash of Colt and its Subsidiaries is used to repay indebtedness of Colt and its Subsidiaries at or prior to the consummation of the Merger.
The Company shall use commercially reasonable efforts, subject to Section 6.1 above, to maximize the amount of Freely Available Cash for use in connection with the consummation of the Merger.
Borrower shall have, as of each fiscal quarter end beginning with the fiscal quarter ending March 31, 2006, Freely Available Cash Reserves of not less than $13,000,000; provided, if the Columbia/▇▇▇▇▇▇ Agreement is restructured so as to eliminate the monetary obligation of the Borrower thereunder in a manner satisfactory to the Administrative Agent (and such is confirmed in writing by the Administrative Agent), then the Borrower shall no longer have to maintain Freely Available Cash Reserves.
Prior to the Effective Time, the Company shall deposit with the Paying Agent the amount of its Freely Available Cash less the aggregate amount payable pursuant to Section 3.4 (such net amount, the "Company Cash Deposit"), which amount shall be used to pay the aggregate Merger Consideration payable upon conversion of Shares pursuant to Section 3.1(c) and shall not be used to satisfy any other obligations of the Company or any of the Company Subsidiaries.
The Company Cash Deposit shall be made solely out of Freely Available Cash and shall be used solely for purposes of paying the Merger Consideration in accordance with this Article II and shall not be used to satisfy any other obligation of the Company or any of its Subsidiaries.
The Company shall (i) have Freely Available Cash at least equal to the amount of the Company Cash Deposit and (ii) have made the Company Cash Deposit using such Freely Available Cash in accordance with Section 2.1.
Immediately prior to the Effective Time, the Company shall have Freely Available Cash in an amount not less than the sum of (x) $165.0 million and (y) the aggregate amount received by the Company pursuant to the exercise of Company Stock Options after the date of this Agreement and before the Effective Time (such sum, the “Company Payable Merger Consideration”) available to (A) make the Company Cash Deposit and (B) pay the Option Payment and the RSA Payment.
The Company Cash Deposit shall be made solely out of Freely Available Cash and shall be used solely for purposes of paying a portion of the Merger Consideration in accordance with this Article 2 and shall not be used to satisfy any other obligation of the Company or any of its Subsidiaries.
In the event of such a holdover, if Landlord then has other space in the Building that is Freely Available, Tenant shall be afforded the opportunity to occupy such space on a temporary basis, at a reasonable market rental rate, until the Previously Leased Option Space is available for Tenant’s occupancy or until Landlord desires to make such temporary space available for occupancy by another tenant.