Actual Amount a. Total amount of sales of assets in current fiscal year to date (See Schedule II for detail) $_____________
Actual Amount a. Finance Contracts (Year-To-Date) $ -
Actual Amount a. Sum of Cash & Cash Equivalents $ -- b. Availability Remaining in Super Revolver $ -- c. Availability Remaining in A/R Facility $ -- --------- d. Total Available Liquidity (a+b+c) $ --
Actual Amount. For purposes of the parties' respective obligations under Sections 8.2, 9.1 and 9.2, in computing the "Actual Amount" of any liability, damage, claim, loss, cost, or expense, the following principles will apply:
(A) The amount will be reduced to give full effect to any provision or reserve on the books of the Subsidiary as of the Closing with respect to the particular item or category of items out of which the misrepresentation, breach or nonperformance in question arose;
(B) The amount will be reduced to give full effect to any indemnity, contractual or noncontractual recoveries the indemnified party receives (or, in the event the indemnified party fails to use reasonable efforts to pursue any such recoveries it might otherwise be entitled to receive, the amount that it might otherwise be entitled to receive) from any third-party as a consequence of the fact, condition or circumstance giving rise to the misrepresentation, breach or nonperformance in question;
(C) The amount will be reduced to give full effect to any act or omission of the indemnified party that either was the cause of or increased the ultimate amount of any liability, damage, claim, loss, cost or expense incurred by the indemnified party; and
(D) The amount will be reduced to give full effect to any failure by any indemnified party to take reasonable efforts to mitigate any liability, damage, claim, loss, cost or expense incurred by such indemnified party.
Actual Amount a. Senior Notes $ - b. Indebtedness under Credit Agreement (excluding L/C Obligations) $ - ----------- c. Total Debt (a+b) $ - d. Cash and Cash Equivalents $ - e. Net Inventory $ - f. Net Prepaid and Other Expenses $ -
Actual Amount. 24 The actual amount of the yearly funds is calculated each July as follows:
Actual Amount a. Capital Expenditures (Year-to-Date) $ -
Actual Amount a. Consolidated Equity $ -- b. Deferred Income Taxes $ -- --------- c. Consolidated Tax Adjusted Equity(a-b) $ --
Actual Amount. For purposes of the parties' respective obligations under Sections 8.2, 9.1 and 9.2, in computing the "Actual Amount" of any liability, damage, claim, loss, cost, or expense, the following principles will apply:
(A) The amount will be reduced to give full effect to any provision or reserve on the books of the Powder Coatings Business as of the Closing with respect to the particular item or category of items out of which the misrepresentation, breach, or nonperformance in question arose;
(B) The amount will be reduced to give full effect to any insurance recoveries the indemnified party receives under insurance policies as a consequence of the fact, condition, or circumstance giving rise to the misrepresentation, breach, or nonperformance in question;
(C) The amount will be reduced to give full effect to any indemnity, contractual, or noncontractual recoveries the indemnified party receives as a consequence of the fact, condition, or circumstance giving rise to the misrepresentation, breach, or nonperformance in question;
(D) The amount will be reduced to give full effect to any act or omission of the indemnified party that either was the cause of or increased the ultimate amount of any liability, damage, claim, loss, cost, or expense incurred by the indemnified party;
(E) The amount will be reduced to give full effect to any failure by an indemnified party to take reasonable efforts to mitigate any liability, damage, claim, loss, cost, or expense incurred by such indemnified party;
(F) In addition, for purposes of determining whether a breach of a representation or warranty has occurred, and in computing the Actual Amount of a party's liability for such breach, any materiality or similar limitation on such representation or warranty will be disregarded; and
(G) With respect to any Claim for a misrepresentation or breach of warranty under Section 7.2(H)(7), the Actual Amount will include 80% of such liabilities, damages, claims, costs, and expenses, which amount will have been first reduced to give full effect to any failure by the RandH Buyers to mitigate any such liabilities, damages, claims, costs, or expenses (less any amount that would have had to be incurred to effect such mitigation) by taking reasonable commercial steps, including changing Product formulations, designs, or production processes, to avoid or minimize infringement of third-party patent rights.
Actual Amount. Section 9.7 Adjustment........................................................ Section 2.7(G) Aldridge Lease ................................................... Xxxxxxn 5.3(B)(1) Aldridge Services Agreement ...................................... Xxxxxxn 5.3(B)(2) Assumed Liabilities .............................................. Section 2.4 Base-Line Working Capital .....................................
