Minimum Cash Deficit definition

Minimum Cash Deficit has the meaning set forth in Section 3.2(b)(ii).
Minimum Cash Deficit has the meaning specified in Section 6.8. -----------
Minimum Cash Deficit has the meaning specified in Section ------- 6.8. --- "Net Working Capital" shall equal the Company's total current assets (including cash and cash equivalents) minus its total current liabilities (other than liabilities associated with the lease and occupancy of new office space by the Company in Bethesda, Maryland) including, without limitation, borrowings under the Company's revolving credit facility with Xxxxx National Bank, N.A., any cash to accrual liability borne by the Company and any change in control payments due to employees, subcontractors, vendors or customers as a result of the Acquisition contemplated hereby, each as calculated in accordance with GAAP. For purposes of computing Net Working Capital, current liabilities shall not include (i) liabilities associated with the lease, tenant improvements and occupancy of new office space by the Company in Bethesda, Maryland, (ii) liabilities incurred in connection with the Company's rebranding efforts on behalf of Empyrean Holdings, (iii) employee income tax withholding amounts to the extent reflected in the Company's accrued payroll liabilities; (iv) the employees' share of employment taxes resulting from the exercise of Options pursuant to Section 2.4 or (v) the employer's share of employment taxes ----------- resulting from the exercise of Options pursuant to Section 2.4 to the extent, based on reasonable projections made as of the Closing Date of the compensation to be received from the Company or its successor assuming continued employment by each optionee through the end of calendar year 1999, the exercise of the Options results in an acceleration of liability for the employer's share of employment taxes that the Company would have incurred for calendar year 1999 even if such Option exercises had not occurred. Current assets shall not include any offsetting current receivables from the employees for such amounts of income and employment tax withholding related to the exercise of Options.

Examples of Minimum Cash Deficit in a sentence

  • So a student in Indiana who comes to Westmoreland is still paying the normal in-county tuition, and their county is picking up the rest of it.

  • In determining the Net Working Capital Adjustment, the amount of Minimum Cash Deficit shall be added to the aggregate amount of any downward Net Working Capital Adjustment (i.e., Net Working Capital is less than $1,000,000) at Closing for purposes of determining the final Net Working Capital Adjustment; provided, however, that in no event will a Minimum Cash Deficit result in any upward Net Working Capital Adjustment.

  • The Purchase Price payable at Closing will be reduced by the amount by which the Company's cash and cash equivalents are less than $50,000 at Closing (the "Minimum Cash Deficit").

  • Each prospective investor should promptly complete, execute and fax this Questionnaire to the Company at (702) 888-3219, attn: Elizabeth Gasper, CFO of Borealis, 4070 Silver Sage Drive, Carson City, Nevada 89701.

  • The Redemption Price payable at Closing will be reduced by the amount by which the Company's cash and cash equivalents are less than $500,000 at Closing (the "Minimum Cash Deficit").

Related to Minimum Cash Deficit

  • Minimum Cash Balance means $10,000,000 minus (i) $500,000, (ii) any amounts to be paid to holders of Allowed Ongoing Trade Claims of New Permian Corp., and (iii) any amounts to be paid to holders of Allowed Cure Amounts pursuant to Section 8.4(ii).

  • Minimum Cash Amount shall have the meaning set forth in Section 6.2(iv).

  • Principal Deficit Amount means, as of any date of determination, the excess, if any, of (i) the Series 2006-1 Invested Amount on such date (after giving effect to the distribution of the Monthly Total Principal Allocation for the Related Month if such date is a Distribution Date) over (ii) the Series 2006-1 AESOP I Operating Lease Loan Agreement Borrowing Base on such date; provided, however the Principal Deficit Amount on any date occurring during the period commencing on and including the date of the filing by any of the Lessees of a petition for relief under Chapter 11 of the Bankruptcy Code to but excluding the date on which each of the Lessees shall have resumed making all payments of the portion of Monthly Base Rent relating to Loan Interest required to be made under the AESOP I Operating Lease, shall mean the excess, if any, of (x) the Series 2006-1 Invested Amount on such date (after giving effect to the distribution of Monthly Total Principal Allocation for the Related Month if such date is a Distribution Date) over (y) the sum of (1) the Series 2006-1 AESOP I Operating Lease Loan Agreement Borrowing Base on such date and (2) the lesser of (a) the Series 2006-1 Liquidity Amount on such date and (b) the Series 2006-1 Required Liquidity Amount on such date.

  • Daily Maximum Cash Amount means, with respect to the conversion of any Note, the quotient obtained by dividing (A) the Specified Dollar Amount applicable to such conversion by (B) forty (40).

  • Adjusted Capital Account Deficit means, with respect to any Member, the deficit balance, if any, in such Member’s Capital Account as of the end of the relevant Fiscal Year, after giving effect to the following adjustments:

  • Working Capital Deficit means the amount, if any, by which the Closing Working Capital is less than the Target Working Capital.

  • Borrowing Base Deficit means, at any time of determination, the amount, if any, by which (a) the Aggregate Capital at such time, exceeds (b) the Borrowing Base at such time.

  • Excess Cash Amount means, as of any Excess Cash Measurement Date, (a) the total amount of Unrestricted Cash, less (b) the sum of (i) the applicable Minimum Cash Threshold hereto corresponding to such Excess Cash Measurement Date, (ii) the total amount of scheduled payments due by OEC and its Subsidiaries, taken as a whole, under (x) the New Notes and (y) any other Permitted Indebtedness in each case in the subsequent twelve (12) month period, (iii) projected expenses for the Issuer to conduct its operations during the subsequent twelve (12) month period, including any foreign currency conversion expenses and (iv) for any Excess Cash Measurement Date through (and including) December 31, 2024, any Fines due by OEC and its Subsidiaries for the subsequent twelve (12) month period; less (c) an amount equal to the Required Gross-Up; provided that any items already deducted from cash and short-term investments of OEC and its Subsidiaries for purposes of determining Unrestricted Cash shall not be deducted again for purposes of determining the Excess Cash Amount.

  • Principal Deficiency Amount For any Distribution Date and for any Undercollateralized Group, the excess, if any, of the aggregate Class Certificate Principal Balance of such Undercollateralized Group immediately prior to such Distribution Date over the sum of the Principal Balances of the Mortgage Loans in the related Loan Group immediately prior to such Distribution Date.

  • Nominal Liquidation Amount Deficit means, for any tranche of notes, the Adjusted Outstanding Dollar Principal Amount minus the nominal liquidation amount of that tranche.

  • Operating Deficit means, for the applicable period, insufficient funds to pay operating costs when Cash Expenses exceed Cash Receipts, as determined by the Accountant and approved by the Special Limited Partner.

  • Maximum Contribution Amount shall equal the excess of (i) the aggregate proceeds received by such Holder pursuant to the sale of such Registrable Notes or Exchange Notes over (ii) the aggregate amount of damages that such Holder has otherwise been required to pay by reason of such untrue or alleged untrue statement or omission or alleged omission. No person guilty of fraudulent misrepresentation (within the meaning of Section 11(f) of the Securities Act) shall be entitled to contribution from any Person who was not guilty of such fraudulent misrepresentation. The Holders’ obligations to contribute pursuant to this Section 8(d) are several in proportion to the respective principal amount of the Registrable Securities held by each Holder hereunder and not joint. The Company’s and Subsidiary Guarantors’ obligations to contribute pursuant to this Section 8(d) are joint and several. The indemnity and contribution agreements contained in this Section 8 are in addition to any liability that the Indemnifying Parties may have to the Indemnified Parties.

  • Class B Deficiency Amount is defined in Section 4.1(b).

  • Excess Cash Flow Payment Date means the earlier of (a) the date occurring 90 days after the last day of each fiscal year of the Borrower (commencing with the fiscal year of the Borrower ending December 31, 2018) and (b) the third Business Day following the date on which financial statements with respect to such period are delivered pursuant to Section 5.01(c).

  • Trigger Amount with respect to Extraordinary Trust Expenses for the Trust is $25,000 and the Maximum Reimbursable Amount is $100,000. The Trustee Fee will be paid by the Expense Administrator. Expenses will be reimbursed by the Expense Administrator in accordance with the Expense Administration Agreement.

  • Daily Cash Amount means, with respect to any VWAP Trading Day, the lesser of (A) the applicable Daily Maximum Cash Amount; and (B) the Daily Conversion Value for such VWAP Trading Day.

  • Excess Cash Flow Payment Period means, with respect to any Excess Cash Flow Payment Date, the immediately preceding fiscal year of the Borrower.

  • Capitalization Reimbursement Amount As to any Distribution Date, the amount of Advances or Servicing Advances that were added to the Stated Principal Balance of the related Mortgage Loans during the prior calendar month and reimbursed to the Master Servicer or Subservicer on or prior to such Distribution Date pursuant to Section 3.10(a)(vii), plus the Capitalization Reimbursement Shortfall Amount remaining unreimbursed from any prior Distribution Date and reimbursed to the Master Servicer or Subservicer on or prior to such Distribution Date.

  • Unrestricted Cash Amount means, as to any Person on any date of determination, the amount of (a) unrestricted Cash and Cash Equivalents of such Person whether or not held in an account pledged to the Collateral Agent and (b) Cash and Cash Equivalents of such Person restricted in favor of the Facilities (which may also include Cash and Cash Equivalents securing other Indebtedness secured by a Lien on any Collateral along with the Facilities), in each case as determined in accordance with GAAP; it being understood and agreed that proceeds subject to Escrow shall be deemed to constitute “restricted cash” for purposes of the Unrestricted Cash Amount.

  • Broken Amount means, in respect of any Interest Payment Date, the amount specified in the relevant Final Terms.

  • Class C Deficiency Amount is defined in Section 4.1(c).

  • Cash Balance means, at any date of determination, the unencumbered and otherwise unrestricted cash and Cash Equivalents of the NCLC Group.

  • Total Available Amount With respect to any Distribution Date, the sum of the Available Interest and the Available Principal for such Distribution Date and the amount of all cash or other immediately available funds on deposit in the Reserve Account immediately prior to such Distribution Date.

  • FX Reduction Amount is defined in Section 2.1.3.

  • Total Available Funds shall have the meaning set forth in Section 5.7(a).