NOCF definition

NOCF means, on a cash accounting basis, Borrower’s gross cash receipts from the sale of Hydrocarbons and all other cash receipts from whatever source (including if applicable, cash payments received under any Hedging Agreement), less the following expenses to be paid from this cash: (a) lease operating expenses (not including ▇▇▇▇▇ overhead charges if Borrower or its Affiliate is the Operator); (b) production taxes; (c) payments made or to be made with respect to Hedging Agreements (if applicable); (d) amounts paid by Borrower to acquire and/or maintain any bonds or letters of credit identified on Schedule 4.20 and securing plugging and abandonment obligations with respect to Borrower’s Oil and Gas Properties; (e) if no Event of Default exists, G&A Expenses subject to the provisions of Section 6.20, provided, however, for purposes of this definition, G&A Expenses shall not exclude any fees paid to Lenders and advisory fees paid or accrued to Macquarie Capital (USA) Inc., and (f) accrued interest expense for regularly scheduled interest payments under the Convertible Notes and the Senior Unsecured Notes in accordance with Section 6.5. For the avoidance of doubt, however, “Net Operating Cash Flow” does not include cash receipts or disbursements attributable to Working Interests, Royalty Interests or net profits interests owned by any Person that is not an Affiliate of Borrower.
View Source
NOCF means the cumulative net operating cash flow of the Company, before any projected disbursements to be made by the Company under the Plan or the Key Employee Retention Plan, as defined in AlixPartners’ cash flow model and described on Appendix A. The Administrator shall determine NOCF for purposes of the Plan in its discretion.
View Source

Examples of NOCF in a sentence

  • The Parties shall execute such further -------------------- instruments and documents and take and complete such further actions as may be necessary to effectuate the purposes of this NOCF Royalty Agreement.

  • All financial information shall conclusively be deemed correct for purposes of this NOCF Royalty Agreement unless Hospah has given timely notice that it desires to audit or examine Operator's books and records in the manner and within such 24 month period.

  • For purposes of this Agreement, "▇▇▇▇▇ Annual NOCF" means for any calendar year, and "▇▇▇▇▇ Monthly NOCF" means for any month, the difference between (i) aggregate cash revenues paid or payable to ▇▇▇▇▇ attributable to the ▇▇▇▇▇ Interests' share of production minus (ii) amounts properly billed to ▇▇▇▇▇ under the Operating Agreements for lease operating expenses (including production taxes) attributable to the ▇▇▇▇▇ Interests.

  • The NOCF Royalty Agreement, executed ---------------------- by Buyer.

  • However, the foregoing shall in no way limit the rights and remedies of Sellers under or with respect to the Warrant, the Registration Rights Agreement, the Transition Services Agreement, the NOCF Royalty Agreement or the NSR Royalty Agreement.

  • Each Party shall perform its -------------------------- obligations under this NOCF Royalty Agreement in a timely manner.

  • All notices, designations or other documents required or ------- authorized by the terms of this NOCF Royalty Agreement shall be in writing and shall be personally delivered, or mailed by registered or certified mail, first class postage prepaid, return receipt requested, or transmitted by facsimile machine in a manner which confirms transmission to the recipient, addressed as follows: If to Hospah: If to Operator: ------------ -------------- Hospah Coal Company Western Mesquite Mines, Inc.

  • All tailings or other residues from the --------------------- processing of ores ("Tailings") resulting from Operations on the Leach Facility -------- shall be the sole prop▇▇▇▇ of Operator, but shall remain subject to this NOCF Royalty Agreement should the Tailings be processed or reprocessed, as the case may be, by Operator in the future and result in the production of gold or other mineral product produced.

  • Disputes resulting from, arising out of, or in ------------------ connection with this NOCF Royalty Agreement or the construction or enforcement thereof may be resolved by a court of competent jurisdiction.

  • Subject to the provisions of this Section, the provisions of this NOCF Royalty Agreement shall supersede all previous oral or written agreements between the Parties pertaining to the subject matter hereof.

Related to NOCF

  • EPS means earnings per share.

  • Revenue Growth means the percentage change in revenue (as defined in Statement of Financial Accounting Concepts No. 6, published by the Financial Accounting Standards Board) from one period to another.

  • Tare Weight means the weight of an empty shipping container, excluding all materials used for wrapping, cushioning, banding, waterproofing, packaging, blocking and bracing articles within the exterior container.

  • biodiversity means the variability among living organisms from all sources including, inter alia, terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are part; this includes diversity within species, between species and of ecosystems;

  • Gross weight means the aggregate weight of a vehicle or combination of vehicles and the load