Net Cash Proceeds Sample Clauses

Net Cash Proceeds. 13 Notes..................................................................... 14

Net Cash Proceeds. (a) in connection with any Disposition, the proceeds thereof in the form of cash and Cash Equivalents (including any such proceeds received by way of deferred payment of principal pursuant to a note or installment receivable or purchase price adjustment receivable or otherwise, but only as and when received) of such Disposition, net of (i) amounts required to be applied to the repayment of Indebtedness secured by a Lien expressly permitted hereunder on any asset that is the subject of such Disposition (other than any Lien pursuant to a Security Document), (ii) attorneys’ fees, accountants’ fees, investment bank fees and other reasonable and customary fees and expenses actually incurred in connection therewith and (iii) taxes paid or reasonably estimated to be payable as a result thereof (after taking into account any available tax credits or deductions and any tax sharing arrangements); and (b) in connection with any incurrence of Indebtedness for borrowed money, the cash proceeds received from such incurrence, net of attorneys’ fees, accountants’ fees, investment bank fees, underwriting discounts and commissions and other reasonable and customary fees and expenses actually incurred in connection therewith; provided, however, that, in each case, evidence of such costs and payments is provided to Agent in form and substance reasonably satisfactory to it. Non-Defaulting Lender: at any time, each Lender that is not a Defaulting Lender at such time.

Net Cash Proceeds. Deposit all of the Net Cash Proceeds received by the Borrower from and after the Effective Date from Asset Sales (other than Net Cash Proceeds required to be applied to prepay or repay the Facilities or the Debt outstanding under the Term Credit Agreement) in the Mafco Collateral Account.

Net Cash Proceeds. The Borrower shall, on the date of ----------------- receipt by the Borrower or any other Loan Party of the Net Cash Proceeds from (A) the sale, lease, transfer or other disposition of any assets of the Borrower or any other Loan Party (including the sale by the Borrower or any other Loan Party of the capital stock of any of their respective Subsidiaries but excluding (1) sales of inventory in the ordinary course of business, (2) sales of damaged, worn or obsolete equipment to the extent the proceeds thereof are intended to be (and are) used to purchase replacements for such equipment within 180 days or sales of damaged, worn or obsolete equipment made after the purchase of replacements for such equipment, (3) sales of the Synthetic Lease Properties permitted under Section 6.02(d)(v) (provided, that any proceeds from such sales which are not used to purchase replacement properties or applied to repay Obligations under the Synthetic Lease shall not be excluded from the prepayment requirements of this section), and (4) sales, leases, transfers and other dispositions of assets other than those contemplated by clauses (1), (2) and (3) above, which are sold, leased, transferred or otherwise disposed of for amounts that do not exceed $2,500,000 in any Fiscal Year), (B) the incurrence or issuance by the Borrower or any of its Subsidiaries of any Debt not permitted under Section 6.02(b) (it being understood that the provisions of this Section 2.05(b)(iii) shall not be construed to permit the incurrence of Debt otherwise prohibited by Section 6.02(b)), including any refinancing of any Debt (other than the Existing Credit Agreement which is being refinanced with proceeds of the initial Borrowing), (C) the sale or issuance by the Borrower or any of its Subsidiaries of any Equity Interests (including receipt of any capital contribution), and (D) any Extraordinary Receipt received by or paid to or for the account of the Borrower or any of its Subsidiaries and not otherwise included in clause (A), (B) or (C) above, prepay outstanding Advances as provided in Section 2.05(c), except that, in the case of sales of assets contemplated by clause (4) above, the amount of such Net Cash Proceeds in excess of $2,500,000 in any Fiscal Year shall be so applied.

Net Cash Proceeds. Promptly and in any event within one Business Day, notice to the Administrative Agent of receipt of Net Cash Proceeds in excess of $500,000.

Net Cash Proceeds. Direct payment of, or if such arrangements are not practicable, deposit within two Business Days of receipt thereof, all Net Cash Proceeds solely into the Collection Account.

Net Cash Proceeds. With respect to the incurrence by the Borrower, REIT or any of its Subsidiaries of any Unsecured Debt for borrowed money (other than the Obligations), the aggregate amount of cash received for such Unsecured Debt, net of reasonable and customary transaction costs properly attributable to such transaction and payable by the Borrower, REIT or such Subsidiary, as the case may be, to a non-Affiliate in connection with such issuance or incurrence (provided that legal fees and expenses that are part of such transaction costs may be estimated in good faith). Net Income (or Loss). With respect to any Person (or any asset of any Person) for any period, the net income (or loss) of such Person (or attributable to such asset), determined in accordance with GAAP. Net Offering Proceeds. The gross cash proceeds received by Parent Company or any of its Subsidiaries as a result of an Equity Offering less the customary and reasonable costs, expenses, fees, commissions and discounts paid by Parent Company or such Subsidiary in connection therewith.

Net Cash Proceeds. With respect to the incurrence by the Borrower, REIT or any of its Subsidiaries of any Unsecured Debt for borrowed money (other than the Obligations), the aggregate amount of cash received for such Unsecured Debt, net of reasonable and customary transaction costs properly attributable to such transaction and payable by the Borrower, REIT or such Subsidiary, as the case may be, to a non-Affiliate in connection with such issuance or incurrence (provided that legal fees and expenses that are part of such transaction costs may be estimated in good faith). Net Income (or Loss). With respect to any Person (or any asset of any Person) for any period, the net income (or loss) of such Person (or attributable to such asset), determined in accordance with GAAP. Net Offering Proceeds. The gross cash proceeds received by Parent Company or any of its Subsidiaries as a result of an Equity Offering less the customary and reasonable costs, expenses, fees, commissions and discounts paid by Parent Company or such Subsidiary in connection therewith. Net Operating Income. For any Real Estate and for a given period, an amount equal to the sum of (a) the rents, common area reimbursements, and service and other income for such Real Estate for such period received in the ordinary course of business from tenants or licensees paying rent, and termination fees received for such period of not greater than one percent (1.0%) of the aggregate Monthly Recurring Charges for such period (excluding pre-paid rents and revenues and security deposits except to the extent applied in satisfaction of tenants’ or licensees’ obligations for rent and any non-recurring fees, charges or amounts (excluding Set-up Fees) minus (b) all expenses paid or accrued and related to the ownership, operation or maintenance of such Real Estate for such period, including, but not limited to, taxes, assessments and the like, insurance, utilities, payroll costs, maintenance, repair and landscaping expenses, marketing expenses, and general and administrative expenses (including an appropriate allocation for legal, accounting, advertising, marketing and other expenses incurred in connection with such Real Estate, but specifically excluding general overhead expenses of Parent Company and its Subsidiaries, any property management fees and non-recurring charges), minus (c) the greater of (i) actual property management expenses of such Real Estate, or (ii) an amount equal to four percent (4.0%) of the gross revenues from su...

Net Cash Proceeds. Clause (b) of Section 2.12 of the Credit Agreement shall be and it hereby is amended and restated to read in its entirety as follows:

Net Cash Proceeds. The Borrowers shall immediately prepay the Loans in accordance with clause (c) below upon receipt by any Borrower or any of its Subsidiaries of Net Cash Proceeds arising from: (i) any Asset Sale or Property Loss Event, in an amount equal to 100% of such Net Cash Proceeds in excess of the Dollar Equivalent of $20,000,000, individually or in the aggregate, for each Fiscal Year; (ii) (A) any Debt Issuance permitted under clause (k) of Section 8.1 (Indebtedness), in an amount equal to 100% of such Net Cash Proceeds; provided, however, that, if, on the date of such Debt Issuance, the pro forma Leverage Ratio is less than 3.0 to 1, then such percentage shall be reduced to 50%; and (B) any other Debt Issuance in an amount equal to 100% of such Net Cash Proceeds; and (iii) any Equity Issuance, in an amount equal to 50% of such Net Cash Proceeds; provided, however, that, if, on the date of such Equity Issuance, the pro forma Leverage Ratio is less than 3.0 to 1, then such percentage shall be reduced to 0%; and (iv) any prepayment permitted under Section 8.6 (Prepayment and Cancellation of Indebtedness) of any Pledged Intercompany Note issued on the Closing Date (or pursuant to any Post-Closing Spin-Off Transaction) by any Subsidiary of the Company exceeding, in the aggregate, 20% of the aggregate principal amount outstanding under such Pledged Intercompany Note on the date of the issuance thereof.