Cash Shortfall Amount definition

Cash Shortfall Amount means the amount by which the Tax Net Income exceeds the Available Cash Amount of the Trust.

Cash Shortfall Amount has the meaning set out in Section 6(a)(i) of this Part 3;

Cash Shortfall Amount has the meaning set forth in Section 2.1.

Examples of Cash Shortfall Amount in a sentence

• The Closing Cash Payment will reflect a decrease on a dollar-for-dollar basis by the amount of any Cash Shortfall Amount as set forth in the Cash Amount Estimate Certificate.

• The Debtors shall have received, or concurrently with the occurrence of the Effective Date shall have received, at least $23 million in Cash either from (a) Ascent in the form of the Net Cash Amount and, if applicable, the Backstop Commitment Parties in the form of the Net Cash Shortfall Amount, or (b) the Backstop Commitment Parties in the form of the Ascent Default Amount.

• The proceeds of the Rights Offering will be used, together with the Net Cash Amount, the Net Cash Shortfall Amount or the Ascent Default Amount (each as defined below), as applicable, to (i) pay down, in cash, $50 million of the revolving credit portion of the DIP Facility, and (ii) pay down, in cash, $150 million of term loans under the Prepetition Term Loan Facility.

• It is a condition to the obligations of both our company and AerSale to consummate the Business Combination that the Available Cash Shortfall Amount not exceed $50 million.

• It is a condition to the obligations of both our company and AerSale to consummate the proposed Business Combination that the Available Cash Shortfall Amount not exceed $50 million.The Closing is subject to certain conditions, including but not limited to an approval of our stockholders of the Merger Agreement.

More Definitions of Cash Shortfall Amount

Cash Shortfall Amount means the absolute amount by which the Final Closing Cash is less than the Estimated Closing Cash.

Cash Shortfall Amount means, in the event that the December 31, 2002 Cash Balance is less than the Minimum Cash Balance, an amount equal to (i) the Minimum Cash Balance less (ii) the December 31, 2002 Cash Balance.

Cash Shortfall Amount shall have the meaning set forth in Section 4.3(d).

Cash Shortfall Amount means an amount equal to Forty-Five Million Canadian Dollars (CAD$45,000,000) minus the total amount of cash and cash equivalents as determined in accordance with IFRS (denominated in Canadian Dollars) held in aggregate by the Sellers and the Remaining Subsidiaries on the day immediately preceding the Closing Date, excluding (i) cash and cash equivalents paid by Loblaws Inc. (“Loblaw”) to Atlas Logistics Ajax Inc. under that certain Outsourcing Agreement, dated December 20, 2007, by and among Loblaw, Atlas Logistics Ajax Inc. and A1988 ehf (f/k/a Hf. Eimskipafelag Islands), as amended by that certain 1st Amendment to Outsourcing Agreement, dated as of April 23, 2009; and (ii) cash and cash equivalents paid by Loblaw to Atlas Logistics Surrey Inc. under that certain Outsourcing Agreement, dated April 24, 2008, by and among Loblaw, Atlas Logistics Surrey Inc. and A1988 ehf (f/k/a Hf. Eimskipafelag Islands). In no event shall the Cash Shortfall Amount be less than $0.

Cash Shortfall Amount means any amounts which have been infused by the Seller Group into any of the Group SPVs to fund any shortfall in cash with such Group SPV after the Valuation Date to meet the expenses set out in the Operations Budget, which shortfall in cash is either due to any delay in receipt of receivables under the PPAs or is on account of lower generation of electricity from the Project Assets. It is clarified that if the cash shortfall due to reasons mentioned above is directly attributable to any action, inaction and/or negligence of the Group SPVs and/or the Sellers, then such amount of shortfall in cash that has been infused by the Seller Group shall be to the account of the Sellers and shall be converted into Equity Shares prior to the Closing Date, which shall be transferred to the Purchaser, and no amounts shall be added to the Purchase Consideration for the transfer of such Shares. Further, if there is a cash requirement for the Group SPVs due to the occurrence of a force majeure event (as defined in the respective PPAs) then the Parties shall discuss the manner in which such cash requirements will be addressed and post agreement on its funding, if any such amounts are funded by the Sellers then such amounts shall be added to the Purchase Consideration as Cash Shortfall Amount. The Cash Shortfall Amount shall be in the form of inter- corporate loans extended by the Seller Group which shall carry interest at a rate of 10.6% (Ten Point Six Percent) per annum until its repayment. The Parties have agreed that the Cash Shortfall Amount for the period after the Valuation Date until the Execution Date is as set out in Schedule 20, which amount shall be added to the Purchase Consideration as ‘I’ as referred in Clause 3.1;

Cash Shortfall Amount means the amount that is equal to (A) the outstanding principal amount of the Convertible Promissory Note as of the Effective Time less (B) the Net Cash; provided, however that such amount can not be less than $0. By way of example, if the outstanding principal amount of the Convertible Promissory Note as of the Effective Time was $5,000,000 and the Net Cash was $3,000,000, the Cash Shortfall Amount would be $2,000,000. By way of further example, if the outstanding principal amount of the Convertible Promissory Note as of the Effective Time was $5,000,000 and the Net Cash was $7,000,000, the Cash Shortfall Amount would be $0. "Certificate of Merger"—See Section 2.2;

Cash Shortfall Amount means the amount by which the Net Available Cash Amount is less than $50 million; (II) each of “GSCAC Class A Common Stock”, “GSCAC Class B Common Stock,” “Holdco Class B Common Units,” “Holdco Class C Common Units,” “Holdco Class D Common Units,” “Equity Securities,” “Exchange Rights,” “Holdco Sub LLC Agreement,” “Initial GSCAC Warrants” and “Designated Accounts” shall have the meaning ascribed to such term in the Merger Agreement; (III) “TCW/MS Contingent Warrants” means 798,000 $14.50 Warrants (as defined in the Form of TCW/MS Contingent Warrant Agreement attached hereto as Exhibit E and as Exhibit I to the Merger Agreement attached hereto) and 798,000 $15.50 Warrants (as defined in the Form of TCW/MS Contingent Warrants attached hereto as Exhibit E), in each case, to purchase shares of GSCAC Class A Common Stock upon the terms, and subject to the conditions, set forth in the Form of TCW/MS Contingent Warrant Agreement attached hereto as Exhibit E and as Exhibit I to the Merger Agreement attached hereto; (IV) “Initial Warrant Agreement” means that certain Warrant Agreement, dated as of June 25, 2007, between GSCAC and American Stock Transfer & Trust Company (as Warrant Agent); and (V) “Warrant Shares” has the meaning ascribed to such term in the Initial Warrant Agreement.