US Cash definition
US Cash means, at any time, the amount of cash and Cash Equivalents of the Loan Parties which (a) is maintained in an account located in the United States, subject to the Agent’s first priority perfected security interest pursuant to an account control agreement satisfactory to the Agent, (b) is available for use by a Loan Party, without condition or restriction and (c) is free and clear of any pledge, security interest, lien, claim or other encumbrance (other than in favor of the Agent on behalf of the Secured Parties, the Term Loan Agent on behalf of the holders of the Term Loan Debt pursuant to the Term Loan Documents, and other than in favor of the securities intermediary with which such cash is maintained for its customary fees and charges).
US Cash has the meaning set forth in the ABL Agreement.
US Cash shall be the aggregate amount of all of the following assets of MP USA as shown in the Final US Financial Statements (as defined in Section 7.6.5):
a) Barvermögen, a) cash on hand;
b) Guthaben auf Konten bei Banken und anderen Finanzinstituten, b) cash on accounts with banks and other financial institutions;
c) Schecks, c) cheques;
d) Darlehensforderungen gegen Gesellschafter und Dritte, und d) loan receivables against shareholders and third parties; and
e) Körperschaftsteuer- und Gewerbesteuerforderungen, e) corporate income and trade tax receivables; insbesondere derjenigen Vermögensgegenstände, die auf den in Anlage 7.3.1 durch die jeweilige Kontonummer aus dem Buchungssystem der MP USA identifizierten Konten gebucht sind. in particular the assets booked in the accounts identified in Annex 7.3.1 based on the account numbers of the accounting system of MP USA.
Examples of US Cash in a sentence
Upon the occurrence and during the continuance of a Cash Dominion Event, the Collateral Agent may instruct the bank which maintains the U.S. Concentration Account to remit all funds on deposit in the U.S. Concentration Account on each Business Day directly to the U.S. Cash Proceeds Account or as the Collateral Agent may otherwise instruct such bank, in each case, until such time as a Cash Dominion Event no longer exists.
Any income received by the Collateral Agent with respect to the balance from time to time standing to the credit of the U.S. Cash Proceeds Account, including any interest or capital gains on Liquid Investments, shall remain, or be deposited, in the U.S. Cash Proceeds Account.
All such payments made to the Collateral Agent shall be deposited in the U.S. Cash Proceeds Account.
Seller shall cause all Salaried Employees that participate in the Abitibi Consolidated U.S. (Cash Balance) Retirement Plan (“Seller’s Salaried Employees Retirement Plan”) to become fully vested therein on the Closing Date.
The US Borrower hereby pledges to the US Administrative Agent and grants the US Administrative Agent a security interest in the US Cash Collateral Account, whenever established, all funds held in the US Cash Collateral Account from time to time, and all proceeds thereof as security for the payment of the Obligations.
More Definitions of US Cash
US Cash means, without duplication, as of any day of determination, aggregate cash and cash equivalents of the US Target Group.
US Cash means, at any time, the amount of cash and Cash Equivalents of the Loan Parties which (a) is maintained in an account located in the United States, subject to the Agent’s perfected security interest pursuant to an account control agreement satisfactory to the Agent, (b) is available for use by a Loan Party, without condition or restriction and (c) is free and clear of any pledge, security interest, lien, claim or other encumbrance (other than in favor of the Agent on behalf of the Secured 33 DOCPROPERTY "DocID" \* MERGEFORMAT 8646838.2 Parties, the Term Loan Agent on behalf of the holders of the Term Loan Debt pursuant to the Term Loan Documents, and other than in favor of the securities intermediary with which such cash is maintained for its customary fees and charges).
US Cash means all Cash located in the United States.
US Cash means all cash (including bank account balances) and Cash Equivalents of the U.S. Companies (including, without duplication, 48% of the cash of ▇▇▇▇▇▇▇ Association), including the amounts of any received but uncleared checks, drafts and wires issued prior to such time, less the amounts of any issued but uncleared checks, drafts and wires issued prior to such time, less the amount of any overdraft account balance, including any interest payable thereon, in each case, without giving effect to the transactions contemplated hereby, determined as of the close of business on the Closing Date in accordance with U.S. GAAP and the sample calculation set forth on Annex G hereto; provided, however, that if the excess of U.S. Cash over outstanding payables of the U.S. Companies as of the Closing Date that are current liabilities of the U.S. Companies included in the calculation of U.S. Net Working Capital is greater than $1,000,000 (such amount in excess of $1,000,000, the “U.S. Cash Reduction Amount”), U.S. Cash shall be reduced by the U.S. Cash Reduction Amount; provided, further, that U.S. Cash shall not include any amounts included in the Minimum Net Capital Amount;
US Cash means all cash (including bank account balances) and Cash Equivalents of the U.S. Companies (including, without duplication, 48% of the cash of Quarton Association), including the amounts of any received but uncleared checks, drafts and wires issued prior to such time, less the amounts of any issued but uncleared checks, drafts and wires issued prior to such time, less the amount of any overdraft account balance, including any interest payable thereon, in each case, without giving effect to the transactions contemplated hereby, determined as of the close of business on the Closing Date in accordance with U.S. GAAP and the sample calculation set forth on Annex G hereto; provided, however, that if the excess of U.S. Cash over outstanding payables of the U.S. Companies as of the Closing Date that are current liabilities of the U.S. Companies included in the calculation of U.S. Net Working Capital is greater than $1,000,000 (such amount in excess of $1,000,000, the “U.S. Cash Reduction Amount”), U.S. Cash shall be reduced by the U.S. Cash Reduction Amount; provided, further, that U.S. Cash shall not include any amounts included in the Minimum Net Capital Amount;
US Cash means, without duplication, as of any day of determination, the sum of (i) aggregate cash and cash equivalents of Evergreen US and its Subsidiaries plus (ii) the US Tax Adjustment Amount.
US Cash means, at any time, the amount of cash and cash equivalents of Borrowers and Guarantors which (a) is maintained in an account located in the United States, subject to Agent’s first priority perfected security interest pursuant to an account control agreement satisfactory to Agent, (b) is available for use by a Borrower or Guarantor, without condition or restriction (other than in favor of Agent and the lenders pursuant to the Exit Term Loan Facility) and (c) is free and clear of any pledge, security interest, lien, claim or other encumbrance (other than in favor of Agent, and the lenders pursuant to the Exit Term Loan Facility and other than in favor of the securities intermediary which such cash is maintained for its customary fees and charges), including for the avoidance of doubt, Qualified Cash.