Unrestricted Cash On Hand means unrestricted cash of the Company and its Restricted Subsidiaries that (i) can be freely used by the Company or any of its Restricted Subsidiaries for immediate or general business use and (ii) is not classified as restricted cash on the financial statements of the Company or any of its Restricted Subsidiaries. For the avoidance of doubt, Unrestricted Cash On Hand does not include any cash with respect to checks that have been written and have not cleared, credit card receipts not converted to cash and xxxxx cash on hand at hotel and theater location in the ordinary course of business (provided that such xxxxx cash shall not exceed $1,300,000 in the aggregate for purposes of this definition) and minimum cash required to be held at local banks.
Unrestricted Cash On Hand means, as of any date of determination, an amount equal to (a) the amount of immediately available cash and Cash Equivalents on deposit in Bank Accounts reported on the most recently delivered monthly Financial Statement, minus (b) all such cash and Cash Equivalents which is the subject of any Lien or right of setoff, whether directly, as proceeds of other property subject to a Lien or right of setoff, or otherwise (other than a Lien in favor of the Administrative Agent or a right of setoff with respect to Bank Accounts with respect to which the Administrative Agent has control (as defined in the Uniform Commercial Code)), minus (c) all such cash or Cash Equivalents which is held in any deposit or securities account which is subject to any Lien in favor of any Person other than the Administrative Agent.
Unrestricted Cash On Hand means, on any date of determination, all cash and Cash Equivalents owned by the Borrower and held in any deposit account subject to a Control Agreement in the United States or otherwise subject to a first priority perfected Lien (subject to the Lien set forth in Sections 6.02(b)) in favor of Agent, in each case, on such date of determination (excluding, for purposes of clarity, any amounts available to be drawn or funded under lines of credit or other debt facilities, including any revolving loans); provided that amounts included under this definition shall (x) be included only to the extent such amounts are not subject to any consensual Lien or other restriction or encumbrance of any kind (other than Liens in favor of Agent and the Lien set forth in Sections 6.02(b)) and (y) exclude any amounts held by the Loan Parties in escrow, trust or other fiduciary capacity.
More Definitions of Unrestricted Cash On Hand
Unrestricted Cash On Hand means, as of any date of determination, the sum of the aggregate amount of unrestricted cash held by Co-Borrowers and Parent Guarantor as shown on their balance sheets on such date.
Unrestricted Cash On Hand means, as of any date of determination, an amount equal to (i) the amount of immediately available Cash and Cash Equivalents on deposit in all deposit and securities accounts of Borrower and its Subsidiaries, minus (ii) all such Cash and Cash Equivalents which is the subject of any Lien or right of setoff, whether directly, as proceeds of other property subject to a Lien or right of setoff, or otherwise (other than (x) a Lien in favor of the Administrative Agent, (y) a right of setoff with respect to any deposit or securities account or (z) a Lien in favor of the First Lien Agent securing obligations under the First Lien Loan Documents in accordance with the Intercreditor Agreement).
Unrestricted Cash On Hand means unrestricted cash of the Borrower and its Restricted Subsidiaries that (i) can be freely used by the Borrower or any of its Restricted Subsidiaries for immediate or general business use and (ii) is not classified as restricted cash on the financial statements of the Borrower or any of its Restricted Subsidiaries. For the avoidance of doubt, Unrestricted Cash On Hand does not include any cash with respect to checks that have been written and have not cleared, credit card receipts not converted to cash and xxxxx cash on hand at hotel and theater location in the ordinary course of business (provided that such xxxxx cash shall not exceed $1,300,000 in the aggregate for purposes of this definition) and minimum cash required to be held at local banks.
Unrestricted Cash On Hand means, as of any date of determination, an amount equal to the aggregate amount of all of the Borrower’s and its Subsidiaries’ cash and Cash Equivalents that is not encumbered by or subject to any Lien, setoff, counterclaim, recoupment, defense or other right in favor of any Person (other than (i) a Lien in favor of the Administrative Agent, (ii) a Lien in favor of holders of Non-ABL Priority Lien Obligations permitted hereunder (or a trustee, agent or other representative therefor, including, without limitation, the 2027 Notes Collateral Trustee), but only to the extent such cash and Cash Equivalents are also subject to a Lien in favor of the Administrative Agent or (iii) rights of setoff in the ordinary course of business.
Unrestricted Cash On Hand means, on any date of determination, all money, currency or credit balances owned by the Intermediate Holding Company or any of its Subsidiaries held in any demand or Deposit Account in the United States of America on the date of determination (excluding, for purposes of clarity, any amounts available to be drawn or funded under lines of credit or other debt facilities, including, without, limitation, revolving loans); provided, however, that amounts calculated under this definition shall exclude any amounts that would not be considered Cash; provided, further, that amounts included under this definition, shall (a) be included only to the extent such amounts are not subject to any Lien or other restriction or encumbrance of any kind (other than Liens (x) arising solely by virtue of any statutory or common law provision relating to banker’s liens, rights of set-off or similar rights so long as such liens and rights are not being enforced or otherwise exercised and (y) in favor of the Administrative Agent) and (b) exclude any amounts held by the Intermediate Holding Company or any of its Subsidiaries in escrow, trust or other fiduciary capacity for or on behalf of a client of the Intermediate Holding Company or any of its Subsidiaries.
Unrestricted Cash On Hand means book cash and Cash Equivalent Investments of the Borrower and its Subsidiaries held in accounts that are not subject to any restriction on use or designated for a particular purpose or any Lien other than the security interest in favor of the Administrative Agent under the Security Documents; provided that the amount of such cash and Cash Equivalent Investments shall have been reconciled to the books and records (including bank statements) of the Borrower and its Subsidiaries in a manner reasonably acceptable to the Administrative Agent.
Unrestricted Cash On Hand means cash and cash equivalents of Assignor held in accounts in the United States of America that are not (i) subject to a lien, other than a lien securing the indebtedness under the DIP Credit Agreement and that is freely transferable, (ii) subject to any restriction on use, (iii) designated for a particular purpose, (iv) attributable to the interests of holders of existing Production Payments and Reserve Sales, including those set forth on Exhibit A to this Conveyance or (v) reserved for payment of unpaid lease operating expenses incurred prior to the Closing under and as defined in the Asset Purchase Agreement, with respect to the Subject Interests. For the avoidance of doubt, Unrestricted Cash on Hand does not include checks that have been issued by Assignor on such accounts, have been sent to the payees thereof but have not yet been presented for payment.