Cash Assets. The Trustee may retain such portion of the Plan assets in cash or cash balances as the Trustee may, from time to time, deem to be reasonably necessary to meet the anticipated cash requirements of the Plan from time to time without liability for interest on such cash assets. The Trustee may deposit all or part of cash assets either separately or together with other trust funds under the control of the Trustee, in its own deposit department or in its name as Trustee in such other depositories as it may select.
Cash Assets. The cash proceeds from the sale of securities and similar investments and other cash assets of the Trust for the benefit of any of its Series of Shares shall be kept in the custody of a Trust Company, bank or banks appointed pursuant to Section 10.1 hereof, or in accordance with such rules and regulations or orders as the Securities and Exchange Commission may from time to time prescribe for the protection of investors, except that the Trust may maintain a checking account or accounts in a bank or banks, of not less than $10,000,000, provided that the balance of such account or the aggregate balances of such accounts shall at no time exceed the amount of the fidelity bond, maintained pursuant to the requirements of the 1940 Act, covering the officers or employees authorized to draw on such account or accounts.
Cash Assets. Cash assets constitute the debit balances of “bank accounts” at the end of the financial period.
Cash Assets. Buyer agrees and acknowledges that immediately prior to the closing all cash and cash equivalents, including, without limitation, bank deposits, investments in so-called "money market" funds, commercial paper funds, Certificates of Deposits, Treasury bills and accrued interest thereon, of the Company will be withdrawn or otherwise transferred from the Company to Seller and/or Jefferson Holdings, Inc.
Cash Assets. On the Effective Date Solitario will have sufficient funds available to pay the Consideration as may be required by Section 3.1(e) of the Plan of Arrangement.
Cash Assets. As of the date hereof, Buyer has cash in bank accounts equal to approximately $266,692.
Cash Assets. The Collateral Agent shall hold, subject to the terms and conditions hereof, the Deposited Assets in the Eligible Investments and United States Currency delivered to it or as instructed to be held by it by the Investment Agreement Provider or XLCA as provided herein in accordance with Section 12 hereof and the Securities Account Control Agreement.
Cash Assets. The Company shall at the Closing Date have cash assets of at least $1,300,000.
Cash Assets. The Creditors' Trustee shall not invest or reinvest any Trust Property in a security or instrument that does not constitute a Permitted Investment. The Creditors' Trustee shall not be responsible, and shall have no liability whatsoever, to any person for any loss to the Debtors or the amount of interest thereon resulting from the investment thereof in any Permitted Investments. The Creditors' Trustee shall not have any liability to any retirement, employee benefit or pension plan of the Debtors in excess of the amounts available to be distributed from such Plans.
Cash Assets. After giving effect to the Merger and payment of the Merger Consideration, the Third Party Expenses and all other fees and expenses incurred or to be incurred by the Company in connection with the transactions contemplated hereby (other than those related to the HM Financial Advisory Agreement, the HM Monitoring Agreement and the financing of the Merger Consideration), the Company and its Subsidiaries shall have immediately prior to the Closing (i) "Cash and Cash Equivalents" in an amount equal to at least $10,000,000, as certified to CII by the Company's Chief Executive Officer. As used herein, Cash and Cash Equivalents shall include (i) the items included in the Company Balance Sheet as cash and cash equivalents and (ii) if as of the Closing Date that certain King Air B200 aircraft has not been sold or that certain grid promissory note which had a maximum principal amount outstanding of $820,835.73, payable to the Company by All-Star Helicopters, Inc., has not been paid in full, an amount equal to $2,086,000 (provided that if such aircraft has been sold or such note has been paid, the amount otherwise included pursuant to this clause (ii) shall be reduced by the actual cash received by the Company in connection therewith).
