Replacement Assets Sample Clauses

Replacement Assets. Within 365 days after the receipt of any Net Proceeds from an Asset Sale, the Company or the Restricted Subsidiary, as the case may be, may apply an amount equal to such Net Proceeds at its option:
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Replacement Assets. The Company will not, and will not permit any Restricted Subsidiary or Regulated Subsidiary to consummate any Regulated Sale unless (1) the consideration received by the Company or such Restricted Subsidiary or Regulated Subsidiary is at least equal to the fair market value of the assets sold or disposed of and (2) at least 75% of the consideration received consists of (a) cash or Temporary Cash Investments, (b) the assumption of unsubordinated Indebtedness of the Company or any Subsidiary Guarantor or Indebtedness of any other Restricted Subsidiary or Regulated Subsidiary (in each case, other than Indebtedness owed to the Company), provided that the Company, such Subsidiary Guarantor, such Restricted Subsidiary or such Regulated Subsidiary, as the case may be is irrevocably and unconditionally released from all liability under such Indebtedness or (c)
Replacement Assets. If and to the extent that the Net Cash Proceeds received by the Company or any of its Restricted Subsidiaries or Regulated Subsidiaries (excluding the first $300 million of Net Cash Proceeds received by the Company or any of its Restricted Subsidiaries or Regulated Subsidiaries from Asset Sales and Regulated Sales after the Issue Date) from one or more Asset Sales or Regulated Sales in any period of 12 consecutive months exceed 10% of Consolidated Net Worth (determined as of the date closest to the commencement of such 12 month period for which a consolidated balance sheet of the Company and its Subsidiaries has been filed with the SEC or provided to the Trustee), then the Company shall or shall cause the relevant Restricted Subsidiary or Regulated Subsidiary to:
Replacement Assets. For the purposes of this Section 4.11, the following are deemed to be cash or Temporary Cash Investments:
Replacement Assets. 1.14(d) Representatives............................ 6.1(a) SEC........................................ 3.7
Replacement Assets. E.any Capital Stock of another Similar Business, if, after giving effect to any such acquisition of Capital Stock, the Similar Business is or becomes a Restricted Subsidiary;
Replacement Assets. For the purposes of this provision, any securities, notes or other obligations received by the Issuer or any of its Restricted Subsidiaries from the transferee that are converted by the Issuer or any of its Restricted Subsidiaries into cash or Temporary Cash Investments within 180 days of their receipt by the Issuer or any of its Restricted Subsidiaries shall be deemed to be cash, but only to the extent of the cash or Temporary Cash Investments received.
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Replacement Assets. In the event and to the extent that the Net Cash Proceeds received by the Company or any of its Restricted Subsidiaries from one or more Asset Sales occurring on or after the Closing Date in any period of 12 consecutive months exceed 10% of Adjusted Consolidated Net Tangible Assets (determined as of the date closest to the commencement of such 12-month period for which a consolidated balance sheet of the Company and its Subsidiaries has been filed with the Commission or provided to the Trustee), then the Company shall or shall cause the relevant Restricted Subsidiary to:
Replacement Assets. In the event and to the extent that the Company and/or the Restricted Subsidiaries receive Net Cash Proceeds from one or more Asset Sales occurring on or after the Issue Date, then the Company shall or shall cause the relevant Restricted Subsidiary to (i) within 12 months after the date Net Cash Proceeds are so received (A) apply such excess Net Cash Proceeds to repay Indebtedness (other than Pari Passu Debt and Subordinated Indebtedness of the Company or Subordinated Indebtedness of any Subsidiary Guarantor which is subordinated in right of payment to a Subsidiary Guaranty of such Subsidiary Guarantor) of the Company or a Restricted Subsidiary and elect to permanently reduce the commitments thereunder by the amount of such Indebtedness so repaid and/or (B) apply no more than the Pari Passu Pro Rata Share of such Net Cash Proceeds to repay, and permanently reduce any commitments relating to, Pari Passu Debt Securities and/or (C) invest the amount not so applied pursuant to clauses (A) or (B) (or enter into a definitive agreement committing to so invest within 12 months after the date of such agreement), in Replacement Assets and (ii) apply (no later than the end of the 12-month period referred to in clause (i)) such Net Cash Proceeds (to the extent not applied pursuant to clause (i)) as provided in the following paragraph of this Section
Replacement Assets. The Type A, B and C Equipment listed in Attachments B1 (the "Original Equipment") that is disposed of, vanishes or is otherwise withdrawn from the IFX mask house in the period between December 31, 2001 and the applicable Transfer Dates shall be deemed to be replaced by IFX assets that have transferred to the property of IFX through production, acquisition or otherwise as substitute or supplement for such disposed, vanished of or otherwise withdrawn assets listed in the said Attachments (the "Replacement Assets"). If it is not possible for IFX, using commercially reasonable efforts, to deliver to DPI or DPI Germany Replacement Assets that are comparable to the Type A, B and C Equipment, IFX shall have no obligation to deliver such Replacement Assets and the financial obligations of DPI or DPI Germany shall be reduced as per the agreed purchase price of the respective Original Equipment. The provisions of this Section 4.1.6. shall only be effective as to individual items of Replacement Assets that: (i) are of equivalent comparable age and condition to the Original Equipment installed in IFX's facilities in Munich, Germany; (ii) constitute a substantially equivalent model number as the Type A and B and C Equipment listed in Attachment B1; and (iii) are offered to DPI at the same prices as provided in Attachment B1 for the Type A and B and C Equipment.
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