Applicable Cap Amount definition

Applicable Cap Amount means: (i) with respect to the period from the Closing Date to the date which is 360 days after the Closing Date, an amount equal to Twelve Million Five Hundred Thousand Dollars ($12,500,000), (ii) with respect to the period from the date which is 360 days after the Closing Date until the date which is thirty (30) months after the Closing Date, an amount equal to Five Million Dollars ($5,000,000); provided, however, that if a Claim Notice shall have been given in good faith based on facts reasonably expected to establish a valid claim under Article IX on or prior to the date on which the Applicable Cap Amount pursuant to clause (i) or clause (ii) above would expire and such claim has not been satisfied or otherwise resolved as provided in Article IX on or before such expiration date but which claim would otherwise be covered by such Applicable Cap Amount, then such Applicable Cap Amount shall not so expire with respect to such covered claim until such claim has been satisfied or otherwise resolved as provided in Article IX.
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Applicable Cap Amount has the meaning specified in Section 8.02.
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Applicable Cap Amount means (x) from the Closing Date until the twelve-month anniversary of the Closing Date (the “Initial Reduction Date”), fifteen (15%) percent of the Purchase Price, and (y) otherwise, and at all times after the Initial Reduction Date, (A) seven and one-half percent (7.5%) of the Purchase Price plus (B) the amount of any pending claims asserted in good faith by a Buyer Indemnified Party prior to the Initial Reduction Date (the “Pending Claims Amount”) (provided that (1) such Applicable Cap Amount shall never exceed an amount equal to fifteen percent (15%) of the Purchase Price, and (2) the Pending Claims Amount shall be reduced from time to time as such claims are resolved to the extent the parties agree no amounts are owed with respect to such claims or such claims have been paid or otherwise satisfied, in each case, in whole or in part, as applicable).
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Examples of Applicable Cap Amount in a sentence

  • Seller covenants with Purchaser that from and after the Closing and until the date thirty (30) months after the Closing Date, Seller will maintain on hand cash, cash equivalents and/or marketable securities having a market value at all times in an amount which exceeds Seller's liabilities (such liabilities being calculated in accordance with GAAP) by not less than the Applicable Cap Amount.

  • Applicable Cap Amount In their final point on appeal, Appellants claim that the trial court erred in applying the noneconomic damages cap in effect at the time of trial rather than the cap in effect at the time of the occurrences.

  • For purposes of this Agreement, "Applicable Cap Amount" means, with respect to any partner of the Company, any direct or indirect partners or stockholders, as applicable, of the partners of the Company and any other Person holding a direct or indirect equity interest therein, the maximum aggregate liability of such Person to Buyer stated in Section 2 of such Person's Guarantee for the applicable period referred to above.

  • At the Closing or promptly thereafter, the Company will cooperate with Buyer to prepare a list indicating the Applicable Cap Amount of each Person that has executed a Guarantee.

  • In no event shall any late fees owed or paid under this Section 2.15 be counted toward the Applicable Cap Amount or the Maximum Payment Amount.


More Definitions of Applicable Cap Amount

Applicable Cap Amount means, with respect to any Calendar Quarter commencing with the Calendar Quarter in which the Repayment Start Date occurs, an amount equal to: (i) if the Success Event has occurred as of the last day of such Calendar Quarter, the ATHENA Included Cap Amount and (ii) if the Success Event has not occurred as of the last day of such Calendar Quarter, the ATHENA Excluded Cap Amount.
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Applicable Cap Amount means, with respect to any partner of the Company, any direct or indirect partners or stockholders, as applicable, of the partners of the Company and any other Person holding a direct or indirect equity interest therein, the maximum aggregate liability of such Person to Buyer stated in Section 2 of such Person's Guarantee for the applicable period referred to above. At the Closing or promptly thereafter, the Company will cooperate with Buyer to prepare a list indicating the Applicable Cap Amount of each Person that has executed a Guarantee.
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Applicable Cap Amount means the following: (a) with respect to GC, $118,800,000, (b) with respect to Asia GC, $7,425,000, (c) with respect to GC North America, an amount equal to the GC North America Percentage multiplied by the Cap Multiplier, (d) with respect to Saturn, an amount equal to the Saturn Percentage multiplied by the Cap Multiplier, (e) with respect to IXnet HK, an amount equal to the IXnet HK Percentage multiplied by the Cap Multiplier and (f) with respect to AGC Singapore, an amount equal to the AGC Singapore Percentage multiplied by the Basket Multiplier.
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Related to Applicable Cap Amount

  • 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.

  • Allocation Amount means, as of the Closing Date, the Series 2017-1 Stated Principal Amount and on any date of determination thereafter, the sum of, without duplication, (a) the Allocation Amount determined as of the later of the Closing Date or the date of determination immediately prior to the then current date of determination, plus (b) the amount of all increases in the Series 2017-1 Stated Principal Amount resulting from the issuance of additional Series 2017-1 Notes since the prior date of determination, plus (c) all reimbursements, as provided in Section 4.04(e) or otherwise, of reductions in the Allocation Amount due to Investor Charge-Offs or Reallocated Principal Collections since the prior date of determination, minus (d) the amount of the reduction in the Allocation Amount due to Investor Charge-Offs since the prior date of determination, determined as set forth in Section 4.07, minus (e) the amount of the reduction in the Allocation Amount due to the application of Reallocated Principal Collections since the prior date of determination, determined as set forth in Section 4.08, minus (f) the amount deposited into the Principal Funding Account or (without duplication) deposited into the Distribution Account pursuant to Section 4.05(c) or paid to the Series 2017-1 Noteholders (in each case, after giving effect to any deposits, allocations, reallocations or withdrawals to be made on that day) since the prior date of determination; provided, however, that (1) the Allocation Amount may never be less than zero, (2) the Allocation Amount may never be greaterthan the Adjusted Outstanding Dollar Principal Amount and (3) if there is a sale of Collateral in accordance with Section 4.14, the Allocation Amount will be reduced to zero upon such sale.

  • Reduction Amount has the meaning set forth in Section 2.05(b)(viii).

  • Cap Amount shall have the meaning set forth in Section 2.3.10.

  • Applicable Amount means, at any time (the “Applicable Amount Reference Time”), an amount equal to (a) the sum, without duplication, of:

  • Available Distribution Amount As to any Distribution Date and, with respect to any Mortgage Pool comprised of two or more Loan Groups, each Loan Group, an amount equal to (a) the sum of (i) the amount relating to the Mortgage Loans on deposit in the Custodial Account as of the close of business on the immediately preceding Determination Date, including any Subsequent Recoveries, and amounts deposited in the Custodial Account in connection with the substitution of Qualified Substitute Mortgage Loans, (ii) the amount of any Advance made on the immediately preceding Certificate Account Deposit Date, (iii) any amount deposited in the Certificate Account on the related Certificate Account Deposit Date pursuant to the second paragraph of Section 3.12(a), (iv) any amount deposited in the Certificate Account pursuant to Section 4.07, (v) any amount that the Master Servicer is not permitted to withdraw from the Custodial Account or the Certificate Account pursuant to Section 3.16(e), (vi) any amount received by the Trustee pursuant to the Surety Bond in respect of such Distribution Date and (vii) the proceeds of any Pledged Assets received by the Master Servicer, reduced by (b) the sum as of the close of business on the immediately preceding Determination Date of (w) aggregate Foreclosure Profits, (x) the Amount Held for Future Distribution, and (y) amounts permitted to be withdrawn by the Master Servicer from the Custodial Account in respect of the Mortgage Loans pursuant to clauses (ii)-(x), inclusive, of Section 3.10(a). Such amount shall be determined separately for each Loan Group. Additionally, with respect to any Mortgage Pool that is comprised of two or more Loan Groups, if on any Distribution Date Compensating Interest provided pursuant to this Section 3.16(e) is less than Prepayment Interest Shortfalls incurred on the Mortgage Loans in connection with Principal Prepayments in Full and Curtailments made in the prior calendar month, such Compensating Interest shall be allocated on such Distribution Date to the Available Distribution Amount for each Loan Group on a pro rata basis in accordance with the respective amounts of such Prepayment Interest Shortfalls incurred on the Mortgage Loans in such Loan Group in respect of such Distribution Date.

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

  • Total Distribution Amount With respect to any Distribution Date, the sum of (i) the aggregate of the Interest Remittance Amounts for such date; (ii) the aggregate of the Principal Remittance Amounts for such date; and (iii) all Prepayment Premiums collected during the related Prepayment Period.

  • L/C Amount means the sum of (i) the aggregate face amount of any issued and outstanding Letters of Credit and (ii) the unpaid amount of the Obligation of Reimbursement.

  • Class B-5 Distribution Amount As to any Distribution Date, any amount distributable to the Holders of the Class B-5 Certificates pursuant to Paragraphs seventeenth, eighteenth, and nineteenth of Section 4.01(a).

  • Aggregate Cap has the meaning set forth in Section 20.1A.

  • Class B-6 Distribution Amount As to any Distribution Date, any amount distributable to the Holders of the Class B-6 Certificates pursuant to Paragraphs twentieth, twenty-first and twenty-second of Section 4.01(a).

  • Allocable Amount has the meaning specified in Section 10.21(d).

  • Monthly Principal Reallocation Amount means, for any Monthly Period, an amount equal to the sum of:

  • Calculation Amount means the amount specified as such on the face of any Note, or if no such amount is so specified, the Denomination Amount of such Note as shown on the face thereof;

  • Maximum Distributable Amount means any maximum distributable amount relating to the Issuer and/or the Group (if any) which is determined pursuant to Article 141 of the CRD IV Directive (or, as the case may be, any provision of Danish law transposing or implementing Article 141 of the CRD IV Directive), or any successor provision thereto;

  • Class B-4 Distribution Amount As to any Distribution Date, any amount distributable to the Holders of the Class B-4 Certificates pursuant to Paragraphs fourteenth, fifteenth, and sixteenth of Section 4.01(a).

  • Class B-2 Distribution Amount As to any Distribution Date, any amount distributable to the Holders of the Class B-2 Certificates pursuant to Paragraphs eighth, ninth and tenth of Section 4.01(a).

  • Class B Adjusted Invested Amount means, with respect to any date of determination, an amount equal to the Class B Invested Amount less the positive difference, if any, between the Principal Funding Account Balance and the Class A Invested Amount on such date.

  • Terrorism Cap Amount is the specified percentage (which is at least equal to 200%) of the amount of the insurance premium that is payable at such time in respect of the property and business interruption/rental loss insurance required under the related Loan Documents (without giving effect to the cost of terrorism and earthquake components of such casualty and business interruption/rental loss insurance).

  • Tax Distribution Amount means, with respect to a Member’s Units, whichever of the following applies with respect to the applicable Tax Distribution, in each case in amount not less than zero:

  • Accrual Distribution Amount As to any Distribution Date prior to the applicable Accretion Termination Date and any Class of Accrual Certificates, an amount equal to the sum of (i) the Class A Interest Percentage of such Class of Accrual Certificates of the Current Class A Interest Distribution Amount and (ii) the Class A Interest Shortfall Percentage of such Class of Accrual Certificates of the amount distributed in respect of the Classes of Class A Certificates pursuant to Paragraph second of Section 4.01(a)(i) on such Distribution Date. As to any Distribution Date on or after the applicable Accretion Termination Date, zero.

  • Original Class B-4 Percentage The Class B-4 Percentage as of the Cut-Off Date, as set forth in Section 11.11.

  • Original Class B-2 Percentage The Class B-2 Percentage as of the Cut-Off Date, as set forth in Section 11.09.

  • Principal Distribution Amount For any Distribution Date, the sum of (i) the Basic Principal Distribution Amount for such Distribution Date and (ii) the Extra Principal Distribution Amount for such Distribution Date.