Upside Sharing Amount definition
Examples of Upside Sharing Amount in a sentence
Unless otherwise required by GAAP, the Recipient shall not amend or modify its accounting policies, reporting practices, or corporate form if such change would reasonably be expected to have a Material Adverse Effect on the Department’s rights to receive the Upside Sharing Amount or any portion thereof.
Any Recipient Party fails to pay, in accordance with the terms of any Financing Document, any fee, charge or any other amount due under any Financing Document on or before the date such amount is due and such failure to pay shall continue unremedied for a period of (a) in the case of any payment of the Upside Sharing Amount, forty-five (45) days after the date on which such Upside Sharing Amount was due; and (b) in the case of any other payment, thirty (30) days after the date on which such amount was due.
If the Actual Cumulative Unlevered Free Cash Flow for a Project is less than or equal to the applicable Threshold for the Relevant Period, the Upside Sharing Amount shall be zero Dollars ($0).
If any Limited Partner Upside Sharing Portion is not used to the pay the Upside Sharing Amount due and payable to the Department at the time such amounts are due and payable, the Partnership shall distribute the Limited Partner Upside Sharing Portion to the applicable Limited Partner.
For the avoidance of doubt, the aggregate Upside Sharing Amount paid or payable by the Convertible Bondholder on or prior to the final Prepayment Date pursuant to this sub-Clause 2.1.1 shall be exactly 20% of the difference between the Convertible Bondholder’s Total Proceeds and the Sharing Triggering Amount as at the final Prepayment Date.
Such refund (if any) shall be payable in US dollars for same day value on the relevant Prepayment Date by crediting such Upside Sharing Amount in accordance with sub-Clause 2.1.3-2.1.5 below.
If the Actual Cumulative Unlevered Free Cash Flow is less than or equal to the applicable Threshold for the Relevant Period, the Upside Sharing Amount shall be zero Dollars ($0).