Common use of Items Deemed Cash Clause in Contracts

Items Deemed Cash. For the purposes of this Section 6.04, the following will be deemed to be cash: (x) the assumption of Indebtedness of the Borrower (other than Disqualified Stock or Subordinated Indebtedness of the Borrower) or any Restricted Subsidiary and the release of the Borrower or such Restricted Subsidiary from all liability on such Indebtedness in connection with such Asset Disposition and (y) securities received by the Borrower or any Restricted Subsidiary from the transferee that are converted within 30 days by the Borrower or such Restricted Subsidiary into cash and (z) any Designated Non–cash Consideration received by the Borrower or any of the Restricted Subsidiaries in such Asset Disposition having an aggregate fair market value (as determined in good faith by the Senior Management, or if such Asset Disposition involves consideration in excess of $20,000,000.00, by a CREDIT AGREEMENT, Page 44 resolution of the Board of Directors), taken together with all other Designated Non–cash Consideration pursuant to this clause (z) that is at that time outstanding, not to exceed 2.5% of Total Assets at the time of the receipt of such Designated Non–cash Consideration (with the fair market value of each item of Designated Non–cash Consideration being measured at the time received and without giving effect to subsequent changes in value). Upon the completion of the application of the Net Available Cash from any Asset Disposition pursuant to paragraph (a), the amount of Net Available Cash attributable to such Asset Disposition shall be deemed to be zero.

Items Deemed Cash. For the purposes of this Section 6.04Section, the following will be are deemed to be cash: (x) the assumption of Indebtedness of the Borrower (other than Disqualified Stock Stock, Subordinated Indebtedness, Junior Lien Collateral Indebtedness or Subordinated Senior Unsecured Pari Passu Indebtedness) or Indebtedness of the Borrower) or any Restricted Subsidiary (other than Guarantor Subordinated Indebtedness, Disqualified Stock, Junior Lien Collateral Indebtedness or Senior Unsecured Pari Passu Indebtedness of any Subsidiary Guarantor) and the release of the Borrower or such Restricted Subsidiary from all liability on such Indebtedness in connection with such Asset Disposition and Disposition, (y) securities received by the Borrower or any Restricted Subsidiary from the transferee that are converted within 30 days by the Borrower or such Restricted Subsidiary into cash and (z) any Designated Non–-cash Consideration received by the Borrower or any of the Restricted Subsidiaries in such Asset Disposition having an aggregate fair market value (as determined in good faith by management of the Senior ManagementBorrower, or if such Asset Disposition involves consideration in excess of $20,000,000.0020,000,000, by a CREDIT AGREEMENT, Page 44 resolution of the Board of Directors), taken together with all other Designated Non–-cash Consideration pursuant to this clause (z) that is at that time outstanding, not to exceed 2.5% of Total Assets at the time of the receipt of such Designated Non–-cash Consideration (with the fair market value of each item of Designated Non–-cash Consideration being measured at the time received and without giving effect to subsequent changes in value). Upon the completion of the application of the Net Available Cash from any Asset Disposition pursuant to paragraph (a)c) above, the amount of Net Available Cash attributable to such Asset Disposition shall be deemed to be zero.

Items Deemed Cash. For the purposes of this Section 6.04Section, the following will be are deemed to be cash: (x) the assumption of Indebtedness of the Borrower (other than Disqualified Stock or Subordinated Indebtedness) or Indebtedness of the Borrower) or any Restricted Subsidiary (other than Guarantor Subordinated Indebtedness or Disqualified Stock of any Subsidiary Guarantor) and the release of the Borrower or such Restricted Subsidiary from all liability on such Indebtedness in connection with such Asset Disposition and Disposition, (y) securities received by the Borrower or any Restricted Subsidiary from the transferee that are converted within 30 180 days by the Borrower or such Restricted Subsidiary into cash and (z) any Designated Non–-cash Consideration received by the Borrower or any of the Restricted Subsidiaries in such Asset Disposition having an aggregate fair market value (as determined in good faith by management of the Senior ManagementBorrower, or if such Asset Disposition involves consideration in excess of $20,000,000.00100,000,000, by a CREDIT AGREEMENT, Page 44 resolution of the Board of Directors), taken together with all other Designated Non–-cash Consideration pursuant to this clause (z) that is at that time outstanding, not to exceed 2.5% of Total Assets at the time of the receipt of such Designated Non–-cash Consideration (with the fair market value of each item of Designated Non–-cash Consideration being measured at the time received and without giving effect to subsequent changes in value). Upon the completion of the application of the Net Available Cash from any Asset Disposition pursuant to paragraph (a)) above, the amount of Net Available Cash attributable to such Asset Disposition shall be deemed to be zero.

Items Deemed Cash. For the purposes of this Section 6.04Section, the following will be are deemed to be cash: (x) the assumption of Indebtedness of the Borrower (other than Disqualified Stock or Subordinated Indebtedness) or Indebtedness of the Borrower) or any Restricted Subsidiary (other than Guarantor Subordinated Indebtedness or Disqualified Stock of any Subsidiary Guarantor) and the release of the Borrower or such Restricted Subsidiary from all liability on such Indebtedness in connection with such Asset Disposition and Disposition, (y) securities received by the Borrower or any Restricted Subsidiary from the transferee that are converted within 30 days by the Borrower or such Restricted Subsidiary into cash and (z) any Designated Non–-cash Consideration received by the Borrower or any of the Restricted Subsidiaries in such Asset Disposition having an aggregate fair market value (as determined in good faith by management of the Senior ManagementBorrower, or if such Asset Disposition involves consideration in excess of $20,000,000.0050,000,000, by a CREDIT AGREEMENT, Page 44 resolution of the Board of Directors), taken together with all other Designated Non–-cash Consideration pursuant to this clause (z) that is at that time outstanding, not to exceed 2.5% of Total Assets at the time of the receipt of such Designated Non–-cash Consideration (with the fair market value of each item of Designated Non–-cash Consideration being measured at the time received and without giving effect to subsequent changes in value). Upon the completion of the application of the Net Available Cash from any Asset Disposition pursuant to paragraph (a)) above, the amount of Net Available Cash attributable to such Asset Disposition shall be deemed to be zero.